Village of Northport, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Northport 1-8-2008 by L.L. No. 1-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental quality review — See Ch. 138.
Flood damage prevention — See Ch. 159.
Grading and filling — See Ch. 173.
Planning Board — See Ch. 219.
Sewers — See Ch. 239.
Site plan — See Ch. 247.
Diversion of watercourses — See Ch. 299.
Waterways — See Ch. 302.
Zoning — See Ch. 306.
Subdivision regulations — See Ch. A312.
Article I Illicit Discharges and Connections
Article II Erosion and Sediment Control
The purpose of this article is to provide for the health, safety, and general welfare of the citizens of the Village of Northport through the regulation of nonstormwater discharges to the Village's separate storm sewer system (MS4) to the maximum extent practicable as required by federal and state law. One of the methods chosen by the Board is to control the introduction of pollutants into the Village's separate storm sewer system (MS4) in order to comply with requirements of the SPDES General Permit for Municipal Separate Storm Sewer Systems. The declared objectives of this article are as follows:
A. 
To meet the requirements of the SPDES General Permit for Stormwater Discharges from separate storm sewer system (MS4s), Permit No. GP-02-02, as amended or revised;
B. 
To regulate the contribution of pollutants to the Village's separate storm sewer system (MS4), since such systems are not designed to accept, process or discharge nonstormwater wastes;
C. 
To prohibit illicit connections, activities and discharges to the Village's separate storm sewer system (MS4);
D. 
To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this article and all applicable laws;
E. 
To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, grease, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants into the Village's separate storm sewer system (MS4).
This article shall apply to all water entering the Village's separate storm sewer system (MS4) generated on developed and undeveloped lands in any zoning district, unless explicitly exempted by an authorized enforcement agency.
For the purpose of this article, certain terms and words are hereby defined. Words used in the present tense include the future, words in the singular include the plural, and words in the plural include the singular; the word "shall" is mandatory. For the purpose of this article, the following terms and phrases shall have the meanings set forth below:
AUTHORIZED ENFORCEMENT AGENCY
The U.S. Environmental Protection Agency, the New York State Department of Environmental Conservation and any department of the Village of Northport or employees thereof designated to enforce this article.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. Best management practices shall also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) and any subsequent amendment thereto.
CONSTRUCTION ACTIVITY
Activities requiring authorization under the New York State SPDES Permit No. GP-02-01, as amended or revised, for stormwater discharges from construction work or activity, including construction work or projects resulting in land disturbance of one or more acres, and are not limited to clearing and grubbing, grading, excavating and demolition; all areas less than one acre, in all zoning districts, requiring subdivision, site plan, steep slope, building permit and other municipal approval.
HAZARDOUS MATERIAL
Any material, including any substance, waste, or combination thereof, which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
ILLICIT CONNECTION
Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the Village's separate storm sewer system (MS4), including but not limited to:
A. 
Any conveyance which allows any nonstormwater discharge, including treated or untreated sewage, process wastewater, and wash water, to enter the Village's separate storm sewer system (MS4), and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or
B. 
Any drain or conveyance connected from commercially or industrially utilized property to the Village's separate storm sewer system (MS4) which has not been documented in plans, maps, or equivalent records and has not been approved by an authorized enforcement agency.
ILLICIT DISCHARGE
Any direct or indirect nonstormwater discharge to the Village's separate storm sewer system (MS4), except as exempted in § 255-5A of this chapter or by an authorized enforcement agency.
INDIVIDUAL SEWAGE TREATMENT SYSTEM
A facility serving one or more parcels of land or residential households, or a private, commercial or institutional facility, that treats sewage or other liquid wastes for discharge into the groundwaters of New York State, except where a permit for such a facility is required under the applicable provisions of Article 17 of the Environmental Conservation Law.
INDUSTRIAL ACTIVITY
Activities requiring a New York State SPDES Permit No. GP-0-06-002, as amended or revised, for discharges from industrial uses or activities, including any activity pertaining to industry, manufacturing, commerce, trade, business or institution, and is distinguished from construction.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances, including roads with drainage systems, municipal streets and highways, catch basins, curbs, sluice-ways, gutters, ditches, man-made channels, storm drains and related appurtenances, which meet all of the following criteria:
A. 
Is owned or operated by the Village of Northport;
B. 
Is designed or used for collecting or conveying stormwater;
C. 
Is not a combined sewer; and
D. 
Is not part of a publicly owned treatment works (POTW), as defined at 40 CFR 122.2 and Chapter 239 of the Northport Village Code.
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (NYSDEC)
The state agency responsible for the administration and enforcement of state environmental laws and regulations.
NONSTORMWATER DISCHARGE
Any discharge to the Village's separate storm sewer system (MS4) that is not composed entirely of stormwater.
PERSON
Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner, the owner's agent or person in charge or in possession of property.
POLLUTANT
Dredged spoil, filter backwash, solid waste, incinerator residue, treated or untreated sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, and industrial, municipal or agricultural waste and ballast discharged into water which may cause or might reasonably be expected to cause pollution of the waters in contravention of the standards.
PREMISES
Any building, lot, parcel of land, or portion of land in any zoning district, whether improved or unimproved, including adjacent sidewalks, walkways, paths and parking strips.
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITES GP-02-01
A DEC SPDES permit issued to developers of construction activities to regulate disturbance of one or more acres of land.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE SEWER SYSTEMS GP-02-02
A DEC SPDES permit issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards.
A. 
Discharge compliance with water quality standards. The condition that applies where the Village of Northport has been notified that the discharge of stormwater authorized under its MS4 permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition, the Village of Northport shall take all necessary actions to ensure future discharges do not cause or contribute to a violation of such standards.
B. 
303(d) listed waters. The condition in the Village of Northport's MS4 permit that applies in the event of a discharge into a 303(d) listed water. Under this condition, the stormwater management program must ensure to the fullest extent possible no increase of the listed pollutant of concern to the 303(d) listed water.
C. 
Total maximum daily load (TMDL) strategy. The condition in the Village of Northport's MS4 permit where a TMDL, including requirements for control of stormwater discharges, has been approved by the EPA for a water body or watershed into which the MS4 discharges.
D. 
The condition in the Village of Northport's separate storm sewer system (MS4) permit that applies if a TMDL is approved in the future by the EPA for any water body or watershed into which a separate storm sewer system discharges. Under this condition, the Village of Northport shall review the applicable TMDL to see if it includes requirements for control of stormwater discharges. If the Village's separate storm sewer system (MS4) is not meeting the TMDL stormwater allocations, the Village of Northport shall, within six months of the TMDL's approval, modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) STORMWATER DISCHARGE PERMIT
A permit issued by the New York State Department of Environmental Conservation which authorizes the discharge of pollutants into waters of the state.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER MANAGEMENT OFFICER (SMO)
The person or persons designated to administer, implement and enforce the provisions of this article and inspect stormwater management practices.
303(d) LIST
A list of all surface waters in the state for which beneficial uses of the water (drinking, recreation, aquatic habitat and industrial use) are impaired by pollutants. Such list is prepared periodically by the New York State Department of Environmental Conservation as required by Section 303(d) of the Clean Water Act, or successor law. 303(d) listed waters include but are not limited to estuaries, lakes and streams that fall short of state surface water quality standards and are not expected to improve within the next two years.
TOTAL MAXIMUM DAILY LOAD (TMDL)
The maximum amount of a pollutant to be allowed to be released into a water body so as not to impair uses of the water, allocated among the sources of that pollutant.
WASTEWATER
Water that is not stormwater, is contaminated with pollutants and is or will be discarded.
[Amended 10-5-2010 by L.L. No. 8-2010]
The Village Administrator, or such other person as shall be designated by the Mayor as the Stormwater Management Officer (SMO) for the purpose of this article, shall administer, implement, and enforce the provisions of this article. Such powers granted or duties imposed upon the authorized enforcement official may also be assigned by the Mayor to other Village employees.
A. 
Illegal discharges. No person shall discharge or cause to be discharged into the Village's separate storm sewer system (MS4) any materials other than stormwater except as follows:
(1) 
The following discharges are exempt from the provisions of this section, unless the New York State Department of Environmental Conservation or the Village of Northport has determined the discharge to be a substantial contributor of pollutants: water line flushing or other potable water sources; landscape irrigation or lawn watering; existing diverted stream flows; rising groundwater; uncontaminated groundwater infiltration into storm drains; uncontaminated pumped groundwater; foundation or footing drains; crawl space or basement sump pumps; airconditioning condensate; irrigation water; springs; water from individual residential car washing; natural riparian habitat or wetland flows; dechlorinated swimming pool discharges; street wash water; water from fire-fighting activities; and any other water source not containing pollutants.
(2) 
Discharges approved in writing by the SMO to protect life or property from imminent harm or damage, provided that such approval shall not be construed to constitute compliance with other applicable laws and requirements, and further provided that such discharges may be permitted for a specified period of time and under such conditions as the SMO may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this article.
(3) 
Dye testing in compliance with applicable state and local laws is an allowable discharge, provided the SMO has been verbally notified prior to the time of the test.
(4) 
Any discharge permitted under a SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the New York State Department of Environmental Conservation, provided that the discharger is in full compliance with all requirements of the permit, waiver or order and other applicable laws and regulations, and provided that written approval has been granted for any such discharge to the Village's separate storm sewer system (MS4).
(5) 
Any discharge pursuant to a municipal act, including but not limited to the application of sand, salt and other substances used for road safety during inclement weather, fire-extinguisher foam, and oil-spill absorbent material utilized pursuant to the Village's spill response procedure.
B. 
Illicit connections.
(1) 
No person shall construct, use, maintain, or permit the continued existence of an illicit connection to the Village's separate storm sewer system (MS4).
(2) 
For the purpose of this article, an illicit connection made in the past, regardless of whether the connection was permissible at the time of connection, shall be prohibited.
A. 
No person shall:
(1) 
Cause or contribute to a violation of the Village's separate storm sewer system (MS4) SPDES permit.
(2) 
Take any action which may subject the Village of Northport to special conditions as defined in this article.
B. 
Upon notification that a person's activities cause or contribute to violations of the Village's separate storm sewer system (MS4) SPDES permit authorization, that person shall take all reasonable actions to correct such activities or abate the condition complained of within the time specified in the notice.
A. 
Best management practices. Where illicit discharges or activities contaminating stormwater have been identified, the SMO shall require implementation of best management practices (BMPs) to control those illicit discharges and activities.
B. 
The property owner, person in charge or in possession, or the operator of a commercial or industrial establishment shall provide, at his own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the Village's separate storm sewer system (MS4) through the use of structural and nonstructural BMPs.
C. 
Any person responsible for property in any zoning district which is or may be the source of an illicit discharge or an activity contaminating stormwater shall be required to implement, at his own expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutants to the Village's separate storm sewer system (MS4).
D. 
For the purpose of this article, full compliance with all terms and conditions of a valid SPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this article.
Any person subject to an industrial or construction activity SPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the SMO prior to allowing of discharges to the Village's separate storm sewer system (MS4).
A. 
The SMO, the NYSDEC, the Suffolk County Department of Health Services or other agency having jurisdiction shall be permitted to enter and inspect facilities subject to regulation under this article or other applicable law as often as may be necessary to determine compliance with this article. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to the SMO or to the representative of other agencies having jurisdiction.
B. 
Facility operators shall allow the SMO or other agency having jurisdiction ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records as may be required to implement the provisions of this article or other applicable law.
C. 
The Village of Northport or other agency having jurisdiction shall have the right to set up on any facility subject to the provisions of this article such devices as are necessary to conduct monitoring and/or sampling of the facility's stormwater discharge.
D. 
The Village of Northport or other agency having jurisdiction has the right to require the facilities subject to the provisions of this article to install monitoring equipment as is reasonably necessary to determine whether the property is in compliance. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated at least once every two years to ensure their accuracy. Proof of such calibration shall be provided upon request.
E. 
Unreasonable delays in allowing access to a facility shall be deemed a violation of this article, and any person who impedes or interferes with the ability of the SMO or other agency having jurisdiction to perform inspections or carry out their duties shall be in violation of this article.
F. 
At the request of the SMO, the Village Attorney of the Village of Northport is authorized to make application to any court of competent jurisdiction for the issuance of an administrative search warrant in order to conduct an inspection of any premises where the owner, person in charge or in possession refuses or fails, after due notice, to allow an inspection of its premises and where there is reasonable cause to believe that a violation of this article is occurring or has occurred.
A. 
Notwithstanding any other provision of law to the contrary, as soon as any owner, person in charge or in possession of property, facility operator or person responsible for emergency response for a facility has information of any known or suspected release of hazardous or nonhazardous materials which are resulting or may result in illegal discharges or pollutants entering into the Village's separate storm sewer system (MS4), said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. Said person shall notify the Village of Northport Department of Public Works of such spillage in person, by telephone or by facsimile no later than the next business day following the discharge. Notifications in person or by telephone shall be confirmed by written notice, addressed and mailed to the Village of Northport Department of Public Works within three business days of the telephone notice. If contact cannot be made with the Department of Public Works, said person shall immediately contact the Village's Police Department or Village Clerk.
B. 
Any owner, person in charge or in possession of property, facility operator or person responsible for emergency response for a facility who fails to notify the Village of Northport Department of Public Works, the Northport Police Department or the Northport Village Clerk of such spillage shall, upon conviction, be subject to both fine and imprisonment.
C. 
In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services in addition to the notification required pursuant to § 255-15A.
D. 
If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner, person in charge or possession, or the operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years from the date of the discharge.
E. 
Any owner, person in charge or in possession of property, facility operator or person responsible for emergency response for a facility shall be fully responsible for the containment, cleanup and removal, and for all direct and indirect costs incurred resulting from such spillage.
F. 
Any owner, person in charge or in possession of property, facility operator or person responsible for emergency response for a facility shall fully compensate the Village for all direct and indirect costs and expenses incurred by the Village to contain and prevent the spilled material from contaminating or degrading the environment or from causing a hazard to public health or safety, or to clean up, remove and dispose of the spilled material. The provisions of this section shall not be construed to confer any obligation upon the Village of Northport, its agents or employees to take any action other than to notify emergency response agencies.
A. 
Suspension of access. The SMO may, without prior notice, suspend access to the Village's separate storm sewer system when such suspension, in the opinion of the SMO, is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, to the Village's separate storm sewer system (MS4) or to the health or welfare of persons as determined by the SMO. The SMO shall notify the person of such suspension within a reasonable time thereafter in writing of the reasons for the suspension and the corrective measures to be taken. If the violator fails to comply with a suspension order issued in an emergency, the SMO may take such steps as he deems necessary to prevent or minimize damage to the Village's separate storm sewer system (MS4) or to persons or the environment. The owner or person in charge or in possession of the property shall reimburse the Village for all direct and indirect costs and expenses incurred by the Village within 10 days of receipt of such demand and invoice. In the event the person fails, refuses and/or neglects to pay the monies due and owing to the Village, the amount so charged shall forthwith become a lien against such lands and shall be added to and become part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes. Nothing contained in this article shall be deemed to prohibit the Village from pursuing all other available remedies in law or in equity.
B. 
Termination of access. Any person discharging to the Village's separate storm sewer system (MS4) in violation of this article shall have his access terminated if such termination would abate or reduce an illicit discharge.
(1) 
Notice of termination of access. The SMO shall notify a violator in writing of the proposed termination of its MS4 access and the reasons therefor by regular and certified mail, return receipt requested, and mailed to the last known address, or if the last known address cannot be ascertained, then mailed to the property address. The notice shall state the corrective action to be taken to abate or correct the condition and the period of time within which such remedial action shall be completed.
(2) 
Remedial action. The violator shall take such action as is necessary to cure the condition to the satisfaction of the SMO within the time specified in the notice, and shall allow such inspections and produce such documents as deemed necessary by the SMO to establish full compliance with the notice. Access may be restored by the SMO if the illicit discharge has ceased, the condition has been cured, and the discharger has taken steps to prevent its recurrence.
(3) 
Petition for reconsideration. In the alternative, the violator may petition in writing for reconsideration of the SMO's notice and for a hearing by filing a request with the Northport Village Clerk within five days of receiving such notice. The petition shall state all facts deemed relevant or necessary by the violator, and shall be submitted with all documentation supporting the claim, together with a filing fee of $150.
(4) 
Hearing. The Village Board, by a hearing officer designated by the Mayor, shall conduct a hearing and make findings for all purposes under this article. The violator may be represented by counsel and present such evidence as he deems necessary in support of his claim. The hearing officer shall file his report in the office of the Village Clerk and provide the violator, or his counsel, with a copy of the report no later than 10 business days following the close of the hearing. The hearing officer may restore access if the illicit discharge has ceased, the condition has been cured and the discharger has taken steps to prevent its recurrence as he deems necessary, and may make such other recommendations as are warranted by the circumstances. Denial of access may be continued if the hearing officer determines that the illicit discharge has not ceased or is likely to recur.
(5) 
Village Board action. The Village Clerk shall forward the hearing officer's report and recommendations to the Village Board for its consideration with a copy to the Village Attorney. The Village Board shall retain sole authority to make a final determination and may adopt or reject, in whole or in part, the hearing officer's recommendations, and may establish such conditions as it deems necessary under the circumstances.
C. 
Violation. It shall be a violation of this article to reinstate access to premises terminated or suspended pursuant to this article without the prior written approval of the SMO.
When the SMO finds that a person has violated any provision of this article, he may order compliance by written notice of violation to the property owner, person in charge or in possession of, or operator of the property. Such notice of violation may require without limitation:
A. 
The elimination of illicit connections or discharges;
B. 
That the discharge practice or operation violative of this article cease and desist;
C. 
The performance of monitoring, analyses, and reporting activities;
D. 
The implementation of source control or treatment BMPs; and
E. 
The abatement or remediation of stormwater pollution, contamination, or hazards and the restoration of any affected property. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise the violator and owner or person in charge or possession that should he fail to remediate or restore within the established deadline, the work will be done by the Village and the direct and indirect expenses thereof shall be charged against the property. Restoration of land to its undisturbed condition shall include adjoining properties, utilities and both subsurface and surface waterways. In the event the person fails, refuses and/or neglects to pay the monies due and owing to the Village, the amount so charged shall forthwith become a lien against such lands and shall be added to and become part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
A. 
For each violation of the provisions of this article, including but not limited to violations of conditions imposed by the Village Board or SMO, the property owner, person in charge or in possession of, or operator of the premises where such violation has been committed or exists shall be held liable, on conviction thereof, to a fine or penalty of not less than $500, nor more than $5,000 for a conviction of a first offense; upon conviction of a second violation where the offense is committed within a period of five years of the first offense, a fine of not less than $1,000 nor more than $10,000; and the conviction of a third or subsequent violation where the offense is committed within a period of five years of the first and second offenses shall constitute a misdemeanor punishable by a fine of not less than $1,500, nor more than $15,000, or imprisonment not to exceed six months, or both. Each day or part thereof such violation continues following notification by the Village or service of a summons shall constitute a separate offense punishable in a like manner.
B. 
In addition to the penalties set forth above, the Village Board may maintain an action for civil penalties in the sum of not less than $250, nor more than $1,500 for each offense against this article.
C. 
In addition to the penalties set forth above and any other remedy available to the Village, the Village Board may maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this article, and/or to recover legal fees.
D. 
In the event the sums due and owing to the Village are not charged against such lands as provided in this article, the Village Board may maintain a civil action to recover such sums against the owner of the land or any other responsible party.
E. 
The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law, and it is within the discretion of the authorized enforcement agency to seek cumulative remedies.
A. 
Upon violation of any provision of this article, a person may be eligible for alternative remedies in lieu of a civil penalty, upon recommendation of the Village Attorney and concurrence of the SMO, where:
(1) 
The violation was unintentional.
(2) 
The violator has no history of previous violations of this article.
(3) 
Environmental damage was minimal.
(4) 
The violator acted quickly to remedy violations.
(5) 
The violator fully cooperated in the investigation and resolution of the condition.
B. 
Alternative remedies shall consist of one or more of the following:
(1) 
Attendance at compliance workshops.
(2) 
Storm drain stenciling or storm drain marking.
(3) 
River, stream, creek, beachfront or shoreline cleanup activities.
In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
In addition to the legislative intent as set forth in Article I of this chapter, the Village Board intends to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety and welfare of the citizens of the Village of Northport, and makes the following findings of fact:
A. 
Land development activities and associated increases in site-impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition;
B. 
This stormwater runoff contributes to increased quantities of waterborne pollutants, including siltation of aquatic habitats for fish and other desirable species;
C. 
Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitats;
D. 
Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff, thereby increasing streambank erosion and sedimentation;
E. 
Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow;
F. 
Substantial economic losses can result from these adverse impacts on the waters of the Village of Northport and the State of New York;
G. 
Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities;
H. 
Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development.
In order to address the above-enumerated findings of fact, the Village Board intends to achieve the following objectives:
A. 
Meet the requirements of minimum measures 4 and 5 of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02, as amended or revised;
B. 
Require land development activities to conform to the substantive requirements of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities, Permit No. GP-02-01, as amended or revised;
C. 
Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion and maintain the integrity of stream channels;
D. 
Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;
E. 
Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and
F. 
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices, and to ensure that these management practices are properly maintained and eliminate threats to public safety.
A. 
This article is enacted pursuant to the authority invested in the Village Board pursuant to § 10 of the Municipal Home Rule Law of the State of New York and shall be applicable to all land development activities affecting 43,560 square feet (one acre) or more; or activities disturbing less than one acre of land if part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.
B. 
All land development activities subject to review and approval by the Planning Board or Department shall be reviewed for compliance with this article unless otherwise exempted.
C. 
All relevant applications for building permits, unless the stormwater pollution prevention plan (SWPPP) has already been approved by the Planning Board, shall be reviewed by the Building inspector for compliance with this article.
The following activities may be exempt from review under this article:
A. 
Any subdivision plat or site plan which has received final approval by the Planning Board, and any development for which an unexpired building permit has been issued by the Building Inspector on or prior to January 1, 2008.
B. 
Those activities of an individual engaged in gardening of flowers and/or vegetables for personal use on residentially utilized lots developed by one- or two-family housing.
C. 
Routine maintenance activities that disturb less than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.
D. 
Amendments to any stormwater management practice, or repairs or alterations to a system deemed necessary by the Stormwater Management Officer.
E. 
Emergency activities undertaken to protect life, property or natural resources from imminent harm or danger as determined by the SMO or his designee.
F. 
Installation of fencing, signs, telephone and utility poles or posts.
G. 
Landscaping and horticultural activities in connection with an existing structure except such instances which require permits pursuant to the Village Code.
H. 
Agricultural activity as defined in this article.
I. 
Cemetery graves.
For the purpose of this article, certain terms and words are hereby defined. Words used in the present tense include the future, words in the singular include the plural, and words in the plural include the singular; the word "shall" is mandatory. For the purpose of this article, the following terms and phrases shall have the meanings set forth below:
AGRICULTURAL ACTIVITY
The use of land for the production of vegetative crops, such as but not limited to grains, field crops, market-garden crops, fruits, sod and fiber plants, and in which the maintenance or keeping of poultry or farm animals is accessory and incidental to the use of the premises for agricultural purposes. Farming shall not include the commercial raising of dogs, cats, fur-bearing animals or dairy cattle. For the purposes of this article, the operation of greenhouses shall not be considered as farming.
BUILDING
Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.
CHANNEL
A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CLEARING
Any activity that removes the vegetative surface cover.
COVENANT AND RESTRICTION
A legally recorded document that acts as a property deed restriction.
DEDICATION
The deliberate appropriation of property by its owner for general public use.
DESIGN MANUAL
The New York State Stormwater Management Design Manual, most recent version, including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.
DEVELOPER
A person who undertakes land development activities.
EROSION CONTROL MANUAL
The most recent version of the New York Standards and Specifications for Erosion and Sediment Control Manual, commonly known as the "Blue Book."
GRADING
Excavation or fill of material, including the resulting conditions thereof.
IMPERVIOUS COVER
Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
INDUSTRIAL STORMWATER PERMIT
A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.
INFILTRATION
The process of percolating stormwater into the subsoil.
JURISDICTIONAL WETLAND
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."
LAND DEVELOPMENT ACTIVITY
Construction activity, including clearing, grading, excavating, soil disturbance or placement of fill, that results in land disturbance of equal to or greater than one acre of land, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.
NONPOINT SOURCE POLLUTION
Pollution from any source other than from any discernible, confined and discrete conveyances, and shall include but not be limited to pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
NYSDEC
The New York State Department of Environmental Conservation, the agency responsible for the administration and enforcement of state environmental laws and regulations.
PHASING
Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
POLLUTANT OF CONCERN
Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.
PROJECT
Land development activity.
RECHARGE
The replenishment of underground water reserves.
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
SENSITIVE AREAS
Cold-water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, and habitats for threatened, endangered or special-concern species.
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER
An order issued which requires that all construction activity on a site be stopped.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOT
A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.
STORMWATER MANAGEMENT OFFICER
The person or persons designated to administer, implement and enforce the provisions of this article, who shall accept and review stormwater pollution prevention plans, forward the plans to the applicable department and inspect stormwater management practices.
STORMWATER MANAGEMENT PRACTICES (SMPs)
Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
STORMWATER MANAGEMENT SYSTEM
One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
STORMWATER RUNOFF
Flow on the surface of the ground resulting from precipitation.
SURFACE WATERS OF THE STATE OF NEW YORK
Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition, are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands), nor resulted from impoundment of waters of the state.
WATERCOURSE
A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
WATERWAY
A channel that directs surface runoff to a watercourse or to the public storm drain.
The Superintendent of the Department of Public Works or such other person as shall be designated by the Mayor shall be designated as the Stormwater Management Officer for the purpose of this article. The Stormwater Management Officer or duly authorized deputies, agents, or representatives shall inspect stormwater management practices, review all stormwater pollution prevention plans for compliance with this article and all applicable laws and rules. The SMO may review the plans; forward the plans to another department for review; engage the services of a professional engineer to review the plans, specifications and related documents; or accept the certification of a professional engineer or a certified professional in erosion and sediment control (CPESC) that the plans conform to the requirements of this article.
A. 
Stormwater pollution prevention plan required.
(1) 
No building permit shall be issued and no site plan or subdivision shall be approved by any Village department, agency or board for the development of land in any zoning district until the provisions of this article have been met and a stormwater pollution prevention plan (SWPPP) has been submitted.
(2) 
All drawings, plans and specifications shall be signed and sealed by a licensed professional engineer.
(3) 
A copy of the SWPPP shall be retained in a conspicuous place at the site of the land development activity so as to be easily inspected during construction from the date of initiation of construction activities to the date of final stabilization, and shall not be removed until the project is completed to the satisfaction of the Village. Failure to post or retain a copy of the SWPPP on site shall be deemed a violation of this article.
B. 
Contents of stormwater pollution prevention plans. All SWPPPs submitted for filing shall provide the following information and erosion and sediment controls:
(1) 
Scope of the project, including location, type, and size of project;
(2) 
Site map grading plan/construction drawings for the project, including a general location map. At a minimum, the site plan map shall show the total site area; all existing and proposed improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface waters; wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and locations of the stormwater discharges. All site maps should be drawn at a scale no smaller than one inch equals 20 feet;
(3) 
Description of the soils present at the site as identified by soil borings or test pits;
(4) 
Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance that is consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual);
(5) 
Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff;
(6) 
Description of construction and waste materials expected to be stored on site with updates as requested by the Village, and a description of the nature and type of controls to be implemented in order to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater and spill prevention and response;
(7) 
Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project, from initial land clearing and grubbing to project close-out;
(8) 
A site map/construction drawing specifying the locations, sizes and lengths of each erosion and sediment control practice;
(9) 
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;
(10) 
Temporary practices that will be converted to permanent control measures;
(11) 
Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice shall remain in place;
(12) 
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;
(13) 
Names of the receiving waters;
(14) 
Delineation of SWPPP implementation responsibilities for each part of the site;
(15) 
Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and
(16) 
Any existing data that describes the stormwater runoff at the site.
C. 
Additional criteria.
(1) 
Land development activities meeting the following criteria shall also include water quantity and water quality controls in the SWPPP (post construction stormwater runoff controls) as set forth below:
(a) 
Criteria A. Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.
(b) 
Criteria B. Stormwater runoff from land development activities disturbing five or more acres.
(c) 
Criteria C. Stormwater runoff from land development activities disturbing between one and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.
(2) 
Land development activities meeting the additional criteria set forth in § 255-28C shall also include the following information in the SWPPP:
(a) 
All information included in § 255-28B;
(b) 
Description of each postconstruction stormwater management practice;
(c) 
Site map/construction drawings showing the specific locations and sizes of each postconstruction stormwater management practice;
(d) 
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms;
(e) 
Comparison of postdevelopment stormwater runoff conditions with predevelopment conditions;
(f) 
Dimensions, material specifications and installation details for each postconstruction stormwater management practice;
(g) 
Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice;
(h) 
Covenants and restrictions to ensure access to all stormwater management practices at the site for the purpose of inspection, repair and maintenance in accordance with the provisions of this article;
(i) 
For land disturbances meeting Criteria A, the SWPPP shall be prepared by a licensed professional engineer who must sign the plan and certify that the design of all stormwater management practices meets the requirements in this article.
D. 
Other environmental permits. The applicant shall produce copies of all other applicable environmental permits that have been or will be acquired for the land development activity, and any approval issued by the Village shall be subject to the issuance and production of such permits.
E. 
Contractor certification.
(1) 
Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice design or installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."
(2) 
The certification must include the name and title of the person signing the document, address and telephone number of the contracting firm, the address (or other identifying description) of the site, any other information required by the Village and the date the certification is made.
All land development activities shall meet the following performance and design criteria:
A. 
Technical standards. For the purpose of this article, the following documents shall serve as the official guides and specifications for stormwater management:
(1) 
The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the "Design Manual").
(2) 
New York Standards and Specifications for Erosion and Sediment Control, (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the "Erosion Control Manual").
(3) 
Regulations that may be adopted or amended from time to time by the Northport Village Planning Board or by the Building Inspector that relate to erosion and sediment control.
(4) 
The Village of Northport, Northport Village Planning Board Residential and Business Subdivision Regulations, Site Improvement Specifications, and Construction on Steep Slopes, as amended.[1]
[1]
See Ch. A312, Subdivision Regulations, Ch. 247, Site Plan and Ch. 219, Planning Board.
B. 
Water quality standards. Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of Northport or the State of New York.
A. 
The applicant, developer or their representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used to achieve compliance with the provisions of this article. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
B. 
For land development activities meeting Special Criteria A, B or C in § 255-28C, a qualified professional shall conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook and made available upon request of the SMO or any officer of the Village of Northport authorized to enforce the Code of the Village of Northport. Failure to maintain a site logbook or make the logbook available upon request shall be deemed a violation.
A. 
Maintenance after construction. The owner or operator of property where stormwater management systems are installed in accordance with this article shall ensure they are operated and maintained to achieve the goals of this article. Proper operation and maintenance shall include, at a minimum, the following:
(1) 
A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator or person in charge of property to achieve the goals of this article.
(2) 
Written procedures for operation and maintenance of the stormwater management systems and the training of new maintenance personnel.
(3) 
Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 255-32B.
B. 
Covenants and restrictions required. Prior to the issuance of a certificate of occupancy or certificate of permitted use for properties which are required to have a stormwater management system in place, the owner shall execute covenants and restrictions that shall be binding on all subsequent landowners served by the stormwater management system.
(1) 
The covenant shall provide for access to the system at reasonable times for periodic inspection by the SMO or his designee to ensure that the system is maintained in proper working order and to ensure that it meets design standards and complies with all the provisions of this article.
(2) 
The covenants and restrictions shall also provide for the long-term maintenance and continuation of stormwater control measures approved by the SMO for the particular project.
(3) 
The Village of Northport, in lieu of executing a covenant and restriction providing for long-term maintenance, at its sole discretion, may accept dedication of any existing or future stormwater management system, provided such system meets all the requirements of this article and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
(4) 
The applicant shall submit the required covenants and restrictions to the Village Attorney for approval as to form and content. Upon the required approval of the Village Attorney, the applicant shall record the document in the office of the Suffolk County Clerk at his or her own cost and expense and provide the Village Attorney and the Building Inspector with a copy of the recorded instrument and evidence that same has been approved by the Village Attorney before a certificate of occupancy or certificate of permitted use will be issued or released.
All applicants are required to submit as-built plans for any stormwater management practices (SMPs) located on site after final construction is completed. The plan must show the final design specifications for all stormwater management systems and any other detail required by the Village, and must be certified by a professional engineer or certified professional in erosion and sediment control (CPESC).
No subdivision or site plan shall be approved by the Planning Board unless a stormwater pollution prevention plan (SWPPP) consistent with the requirements of this article has been submitted by the applicant and approved by the Planning Board. The approved subdivision plat or site plan shall be consistent with the provisions of this article.
Every building permit application for the development of a one- or two-family residence shall include a stormwater pollution prevention plan (SWPPP) that meets the requirements of this article. No building permit shall be issued until the required plan is submitted and approved by the Department of Engineering Services, and no certificate of occupancy or certificate of permitted use shall be issued or released until a SWPPP is in place.
A. 
Erosion and sediment control inspection.
(1) 
The Stormwater Management Officer shall require such inspections as he deems necessary to determine compliance with the provisions of this article, and may either approve that portion of the work completed, or notify the applicant where the work fails to comply with the requirements of this article or the stormwater pollution prevention plan (SWPPP) as approved.
(2) 
The applicant, owner or developer shall notify the SMO or his designee to schedule an inspection at least 48 hours before each of the following is accomplished:
(a) 
Start of construction.
(b) 
Installation of sediment and erosion control measures.
(c) 
Completion of site clearing.
(d) 
Completion of rough grading.
(e) 
Completion of final grading.
(f) 
Close of the construction season.
(g) 
Completion of final landscaping.
(h) 
Successful establishment of landscaping in public areas.
(3) 
In the event violations are found, the SMO or his designee shall notify the applicant or developer in writing of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization, if necessary, until all violations are corrected and all work previously completed has received approval by the Stormwater Management Officer or other authorized Village official. Failure to take the required corrective action or to stop work shall be deemed a violation of this article.
B. 
Inspection of stormwater facilities after project completion. Inspection programs shall be established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher-than-typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher-than-usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include but are not limited to reviewing maintenance and repair records; sampling discharges, surface water, groundwater as well as material or water left in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.
C. 
Submission of reports. The Stormwater Management Officer may require monitoring and reporting from the property owner, person in charge or in possession of the property as are necessary to determine compliance with this article.
D. 
Right-of-entry for inspection. When any new stormwater management system is installed on private property or when any new connection is made to the public stormwater system, the owner, person in charge or in possession of the property shall grant the Stormwater Management Officer the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection for compliance with this article.
E. 
Certificate of occupancy and certificate of permitted use. If any building or land development activity is conducted in violation of this article, the Stormwater Management Officer may prevent the occupancy of said building or land until there is compliance with the provisions of this article.
F. 
Restoration of lands. Any violator may be required to restore land to its undisturbed condition, including adjoining properties, utilities and both subsurface and surface waterways. In the event that restoration is not undertaken within a reasonable time after notice, the Village of Northport shall take necessary corrective action, the cost of which shall become a lien upon the property and collected in the same manner as real property taxes.
Any person undertaking land development activities regulated by this article shall pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Village of Northport or performed by a third party for the Village of Northport, as the case may be. Such fees and charges shall be established by the Board of Trustees.
A. 
Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities and other performance requirements established by the Village as a condition of approval of the stormwater pollution prevention plan, the Village shall require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Village of Northport as the beneficiary. The security shall be in an amount to be determined by the Village of Northport based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Village of Northport, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facilities have been constructed in accordance with the approved plans and specifications, and that a one-year inspection has been conducted and the facilities have been found to be acceptable to the Village of Northport.
B. 
Maintenance guarantee. Where stormwater management and erosion and sediment control systems are to be operated and maintained by the developer or by a person who owns or manages a commercial or industrial system, the developer or other such person, prior to construction, shall be required to provide the Village of Northport with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control systems both during and after construction, and until the systems are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control systems, the Village of Northport may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs, and all other related costs and expenses.
All property owners or persons in charge or in possession of property subject to the provisions of this article shall maintain full, true and complete records demonstrating compliance with this article.
A. 
Notice of violation. When the Village of Northport determines that a land development activity is in violation of the provisions of this article, it shall serve a written notice of such violation upon the property owner person in charge or in possession of the property. The notice of violation shall contain:
(1) 
The name and address of the landowner or person in charge or in possession of the property to whom the notice is directed;
(2) 
The address, when available, or a description of the building, structure or land upon which the violation is occurring;
(3) 
A statement specifying the nature of the violation;
(4) 
A description of the remedial measures necessary to bring the land development activity into compliance with this article and a time schedule for the completion of such remedial action;
(5) 
A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
B. 
Stop-work orders.
(1) 
In addition to any other penalty which may be imposed, the SMO or his designee may issue a stop-work order for violations of this article. Persons receiving a stop-work order shall be required to halt all land development activities except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the SMO or his designee confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized by this article.
(2) 
The stop-work order shall be in writing and shall state the conditions under which the work may be resumed. The violator shall be provided with a copy of the stop-work order by delivering same to him or her in person, or to their agent or person in charge of the property or work; or by posting the stop-work order in a conspicuous place on the property. In all instances a copy of the stop-work order shall be mailed by the Department to the violator or to the property owner by certified mail to the last known address.
(3) 
It shall be unlawful for any person to remove, alter, obscure, deface, change or otherwise tamper with any portion of a stop-work order that has been issued by the Village. The property owner and/or violator shall be strictly liable for a violation of this section. In addition to any other penalty provided for herein, the building permit may be revoked by the SMO or Director of Engineering Services.
A. 
For each violation of the provisions of this article, including but not limited to violations of a directive of the SMO or his designee, the property owner, person in charge or in possession of or operator of the premises where such violation has been committed or exists shall be held liable, on conviction thereof, to a fine or penalty of not less than $500, nor more than $5,000 for a conviction of a first offense; upon conviction of a second violation where the offense is committed within a period of five years of the first offense, a fine of not less than $1,000, nor more than $10,000; and the conviction of a third or subsequent violation where the offense is committed within a period of five years of the first and second offenses shall constitute a misdemeanor punishable by a fine of not less than $1,500, nor more than $15,000 or imprisonment not to exceed six months, or both. Each day or part thereof such violation continues following notification by the Village or service of a summons shall constitute a separate offense punishable in a like manner.
B. 
In addition to the criminal penalties set forth herein or in other applicable law, rule or regulation, the Village Attorney is authorized to pursue civil and equitable relief, including but not limited to compensatory actions; civil penalties in the amount of up to $250 per day, or any part thereof; an action to compel compliance with or to restrain by injunction the violation of this article; and other remedies which in the opinion of the Village Attorney may seem necessary and proper. Such civil and equitable relief may be sought in a court of competent jurisdiction or from a duly appointed hearing officer whenever permitted by law. Any civil monetary penalty awarded may be added to the tax bill of the property where the violation has occurred and shall be collected in the same manner.
C. 
In any civil or equitable action or proceeding commenced in the name of the Village of Northport for violations of this article, if the Village is successful in its action or proceeding, its attorneys' fees are required to be paid in addition to other civil penalties.
D. 
The remedies provided for in this article are not exclusive of any other remedies available under applicable federal, state or local law, including the alternate remedies as described in § 255-20 herein.
Nothing contained herein shall be construed to supersede or nullify any other applicable provisions of the Village Code. The remedies of these provisions shall be cumulative of any other remedies contained in the Village Code or any other law. To the extent there is any conflict between the provisions of this chapter and any other law, including this Code, which cannot be harmonized, then the stricter provisions of law shall apply.