[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.
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:
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.
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.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendment thereto.
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.
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.
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:
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
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.
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.
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.
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.
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:
The state agency responsible for the administration and enforcement
of state environmental laws and regulations.
Any discharge to the Village's separate storm sewer system
(MS4) that is not composed entirely of stormwater.
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.
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.
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.
A DEC SPDES permit issued to developers of construction activities
to regulate disturbance of one or more acres of land.
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.
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.
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.
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.
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.
A permit issued by the New York State Department of Environmental
Conservation which authorizes the discharge of pollutants into waters
of the state.
Rainwater, surface runoff, snowmelt and drainage.
The person or persons designated to administer, implement
and enforce the provisions of this article and inspect stormwater
management practices.
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.
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.
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.
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:
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:
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.
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.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
A legally recorded document that acts as a property deed
restriction.
The deliberate appropriation of property by its owner for
general public use.
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.
A person who undertakes land development activities.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control Manual, commonly known as the "Blue
Book."
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
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.
The process of percolating stormwater into the subsoil.
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."
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.
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.
The New York State Department of Environmental Conservation,
the agency responsible for the administration and enforcement of state
environmental laws and regulations.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
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.
Land development activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, and habitats for threatened,
endangered or special-concern species.
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.
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.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
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.
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.
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.
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.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground resulting from precipitation.
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.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
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:
(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.
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.
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.
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.
