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HomeMy WebLinkAboutLL 03 of 2008 Delete and Create Stormwater Chapter.doc TOWN OF ITHACA LOCAL LAW NO. 3 OF THE YEAR 2008 A LOCAL LAW DELETING CHAPTER 228 OF THE TOWN OF ITHACA CODE, TITLED “STORMWATER MANAGEMENT,” AND ADDING A NEW CHAPTER 228 TITLED “STORMWATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL” Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. The Town of Ithaca Code is hereby amended by deleting Chapter 228, entitled “Stormwater Management,” and adding a new Chapter 228, entitled “Stormwater Management and Erosion and Sediment Control”, reading as follows: “Chapter 228 STORMWATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL § 228-1. Title. § 228-2. Findings. § 228-3. Purpose and Objectives. § 228-4. Statutory authority. § 228-5. Definitions. § 228-6. Applicability. § 228-7. Exemptions. § 228-8. Administration. § 228-9. Performance and Design Criteria for Stormwater Management and Erosion and Sediment Control. § 228-10. Stormwater pollution prevention plans and erosion and sedimentation control plans. § 228-11. Maintenance, Inspection, and Repair of Stormwater Management Practices. § 228-12. Law Governing Conflicts. § 228-13. Administration and Enforcement. § 228-14. Performance Guarantee. § 228-15. Enforcement and Penalties. Adopted 02/11/2008 1 § 228-1. Title. This chapter shall be known as the Stormwater Management and Erosion and Sediment Control Law. § 228-2. Findings. The Town Board of the Town of Ithaca finds the following: A. Land development activities and increases in site impervious cover permanently alter the hydrologic responses of local watersheds and increase stormwater runoff rates and volumes, which in turn increase flooding, stream channel erosion and sediment transport and deposition, and decrease groundwater recharge. B. Stormwater runoff from developed areas contributes significant quantities of water-borne pollutants to surface and groundwater sources, degrading water bodies, affecting public and private water supplies, recreational uses, and threatening fish and other aquatic life. C. The clearing and loss of vegetation, and the grading of the soil for development purposes, particularly on moderate to steep slopes, can increase soil erosion, leading to siltation of water bodies, decreasing their capacity to hold and transport water, and degrading terrestrial and aquatic habitats. D. Impervious surfaces and re-graded land surfaces associated with development reduce the infiltration of rainfall into the soil and the recharge of groundwater resources. E. Improper design, construction, and implementation of stormwater and erosion control facilities and practices can also increase stormwater runoff rates and volumes, leading to increased flooding, stream channel erosion, sediment transport and deposition and overall degradation to water bodies. F. Substantial economic losses can result from these adverse impacts to the community waters. G. The southern end of Cayuga Lake, which includes that portion in the Town of Ithaca, and which ultimately receives drainage water from land area in the Town, has been placed on the New York State 2004 Section 303(d) List of Impaired Waters. This list identifies sediment/silt and phosphorus as the major sources contributing to this impairment. Adopted 02/11/2008 2 H. Stormwater runoff, soil erosion, and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff quantity and quality from new land development and redevelopment activities, through the use of both structural and nonstructural practices. I. It is in the public interest, and will minimize threats to the environment and to public health and safety, to regulate stormwater runoff from land development activities within the Town of Ithaca as provided in this chapter in order to control and minimize increases in stormwater runoff rates and volumes, to provide for the recharge of groundwater resources, and to control and minimize soil erosion, stream channel erosion, and nonpoint source pollution associated with land development activities. J. Town regulation of land development activities by means of establishing performance standards governing stormwater management and site design will act to mitigate the adverse effects associated with stormwater runoff, erosion and sedimentation from development. § 228-3. Purpose and Objectives. The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect, maintain and enhance the health, safety, and general welfare of the citizens of the Town and its natural environment, to protect and preserve the property of the Town and of its residents, and to address the findings stated above in § 228-2, by achieving the following objectives: A. Meet the requirements of minimum measures 4 and 5 of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02, as it may be amended from time to time, which Permit applies to the Town. B. Require land development activities to conform to the substantive requirements of the New York State SPDES General Permit for Construction Activities Permit No. GP-02-01, as it may be amended from time to time. C. Control and reduce stormwater runoff rates and volumes, in order to reduce or minimize flooding, stream channel erosion, property damage, and to maintain the integrity of stream channels and aquatic habitats. D. Control and minimize soil erosion from land development activities and prevent the transport of sediment to receiving water bodies. Adopted 02/11/2008 3 E. Facilitate removal of pollutants in stormwater runoff so as not to degrade ground and surface water quality. F. Protect the biological, ecological, and other beneficial functions of water bodies, such as streams, wetlands, lakes and reservoirs, from the adverse impacts of stormwater runoff. G. Encourage groundwater recharge so as to maintain stream base flows, aquatic life, and adequate water supplies. H. Establish provisions for the long-term responsibility for and maintenance of stormwater control facilities and practices to ensure that they continue to function as designed, are maintained, and pose no threat to public safety. I. Establish provisions to ensure there are adequate funding mechanisms, including financial security or surety, for the proper review, inspection and long-term maintenance of stormwater facilities and practices implemented pursuant to this chapter. J. Establish provisions for the Town to recover all costs and expenses incurred by the Town for any repairs it makes to Stormwater Management Practices. K. Establish administrative procedures for the submission, review, approval or disapproval of stormwater management plans, and for the inspection of approved active development projects, and long-term oversight of the stormwater control facilities and practices. § 228-4. Statutory authority. This chapter is adopted pursuant to the laws of the State of New York, including § 130, Subdivision 15, of the Town Law, § 10, Subdivision 1(ii)(a)(9-a), (11) and (12) of the Municipal Home Rule Law, and § 10, Subdivision 2 of the Municipal Home Rule Law. § 228-5. Definitions. As used in this chapter, the following terms shall have the meanings indicated: APPLICANT -- A property owner or agent of a property owner who has filed an application with the Town for a land development activity. BASIC STORMWATER POLLUTION PREVENTION PLAN (SWPPP) -- A plan for controlling stormwater runoff and pollutants from a site during land development activities. Adopted 02/11/2008 4 BUILDING -- A structure having a roof supported by columns or by walls and intended for shelter, housing, protection or enclosure of persons, animals or property. CHANNEL -- A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. CLEARING -- Any activity that removes vegetative surface cover from land. DESIGN MANUAL -- The New York State Department of Environmental Conservation’s New York State Stormwater Management Design Manual, as it may be revised from time to time, that serves as the Town’s official guide for stormwater management principles, methods and practices. DEVELOPER -- A person, corporation, organization, agency or other entity undertaking land development activities, or for whose benefit land development activities are carried out. DEVELOPMENT -- Actions that make a site or area available for use by physical alteration. Development includes but is not limited to providing access to a site, clearing of vegetation, grading, earth moving, mining, excavating, providing utilities and other services such as parking facilities or stormwater management and erosion control systems, altering land forms, or constructing a structure on land. DRAINAGE AREA -- A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body. EROSION CONTROL MANUAL -- The “New York Standards and Specifications for Erosion and Sediment Control” manual (commonly known as the “Blue Book”), as it may be revised from time to time, which is written by the Empire State Chapter of the Soil and Water Conservation Society. FARM -- Any parcel of land which is used in the raising of agricultural products, such as crops, livestock, poultry, and dairy goods. It includes structures necessary to the production and storage of agricultural products and equipment and on-farm buildings used for preparation or marketing of products produced, or derived from products produced, predominantly on the farm property on which the building is located. FINAL STABILIZATION -- Final stabilization occurs when all soil disturbance activities have ceased and a uniform, perennial vegetative cover with a density of eighty (80) percent over the entire pervious surface has been established, or other equivalent stabilization measures, such as permanent landscape mulches, rock rip- Adopted 02/11/2008 5 rap or washed/crushed stone, have been applied on all disturbed areas that are not covered by permanent structures, concrete or pavement. FULL STORMWATER POLLUTION PREVENTION PLAN (SWPPP) -- A plan for controlling stormwater runoff and pollutants from a site during and after activities associated with land development. Includes the Basic SWPPP plus permanent post-construction stormwater management measures. GRADING -- Excavation or fill of material, including the resulting conditions thereof. HOTSPOT -- Land uses or activities with higher potential pollutant loadings than are found in typical stormwater runoff, such as, but not limited to, auto salvage yards, auto fueling facilities, fleet storage yards, commercial parking lots with high intensity use, road salt storage areas, commercial nurseries and landscaping facilities, outdoor storage of and loading areas for hazardous substances, or marinas. IMPERVIOUS COVER -- Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water, such as, but not limited to, building rooftops, pavement, sidewalks, and driveways. INFILTRATION -- The process of percolating stormwater into the subsoil. INTERMITTENT STREAM -- A well-defined channel that contains water for only part of the year, typically during winter and spring, and in direct response to a precipitation event. It may be dry for a large part of the year. LAND DEVELOPMENT ACTIVITY -- All activities, including clearing, grubbing, grading, excavating, stockpiling, importing or movement of fill, paving, installation of utilities, and construction of buildings or structures, that result in soil disturbance, regardless of whether the activities are for a new development or a redevelopment of land. LANDOWNER -- The legal or beneficial owner of land, including those persons or other entities who hold the right to purchase or lease the land, or any other person or other entity who holds proprietary rights in the land. MAINTENANCE AGREEMENT -- A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of Stormwater Management Practices. PERENNIAL STREAM -- A well-defined channel that contains water year-round during a year of normal rainfall. Adopted 02/11/2008 6 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. QUALIFIED INSPECTOR -- A licensed professional engineer or a licensed landscape architect who is knowledgeable in the principles and practices of erosion and sediment control and stormwater management, or a Certified Professional in Sediment and Erosion Control. QUALIFIED LICENSED PROFESSIONAL -- A licensed professional engineer who is knowledgeable in the principles and practices of erosion and sediment control and stormwater management. RECHARGE -- The replenishment of underground water reserves. REDEVELOPMENT -- Reconstruction or modification of any existing previously developed land containing impervious surfaces, where such reconstruction or modification involves soil disturbance. REDEVELOPMENT PROJECT -- A project that entirely consists of redevelopment, or a project that consists of a combination of redevelopment and new development. SIMPLE EROSION AND SEDIMENTATION CONTROL PLAN -- A plan for controlling erosion and sedimentation from land development activities for certain small projects. SEDIMENT CONTROL -- Measures that prevent eroded sediment from leaving the site. 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 U.S. Environmental Protection Agency- Adopted 02/11/2008 7 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 work and activity on a site be stopped. STORMWATER -- Rainwater, surface runoff, snowmelt and/or drainage. STORMWATER MANAGEMENT -- The use of structural or non-structural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment. STORMWATER MANAGEMENT FACILITY -- One or a series of Stormwater Management Practices installed, stabilized and operating for the purpose of controlling stormwater runoff. STORMWATER MANAGEMENT OFFICER -- An employee or officer designated by the Town Board to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect Stormwater Management Practices. STORMWATER MANAGEMENT PRACTICES -- Measures, either structural or nonstructural, that are 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 POLLUTION PREVENTION PLAN (SWPPP) -- A plan for controlling stormwater runoff and pollutants from a site during construction activities, and in some cases also after construction activities. See also Full Stormwater Pollution Prevention Plan and Basic Stormwater Pollution Prevention Plan. STORMWATER RUNOFF -- Flow through or on the surface of the ground, resulting from precipitation. STREAM -- A natural watercourse containing flowing water at least part of the year. A stream can be either intermittent or perennial. SURFACE WATERS OF THE STATE OF NEW YORK -- Lakes, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, marshes, inlets, canals, and all other bodies of surface water, natural or artificial, 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 New York State or within its jurisdiction. Storm sewers and waste treatment Adopted 02/11/2008 8 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 manmade 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. TOTAL MAXIMUM DAILY LOAD -- Total Maximum Daily Load (TMDL) -- A TMDL is the sum of the allowable loads of a single pollutant from all contributing point and nonpoint sources. It is a calculation of the maximum amount of a pollutant that a waterbody can receive on a daily basis and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL stipulates wasteload allocations for point source discharges, load allocations for nonpoint sources, and a margin of safety. WATERCOURSE -- A stream or other body of water, either natural or man- made, which gathers or carries surface water. WATERSHED -- Total drainage area contributing runoff to a given point along a watercourse. WETLAND -- Any area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. § 228-6. Applicability. A. This chapter shall be applicable to all land development activities that exceed any of the thresholds below, unless exempt pursuant to § 228-7. No person or other entity shall undertake any land development activity without first meeting the requirements of this chapter. B. Notwithstanding the foregoing, all Stormwater Management Practices associated with land development activities that do not exceed the thresholds below or are otherwise exempt from the requirements of this chapter shall be maintained in good working condition and kept in good repair by the landowner and any owner and/or operator of the Stormwater Management Practices. The enforcement provisions, penalties and other provisions of § 228-15 shall apply to any violations of this Subsection B’s requirements. C. This chapter defines three levels of plans. Depending on the area of disturbance and other criteria listed below, certain land development activities will require either: Adopted 02/11/2008 9 (1) A Full SWPPP with both erosion and sediment control and post- construction water quality and quantity controls; or (2) A Basic SWPPP with erosion and sediment control; or (3) A Simple Erosion and Sedimentation Control Plan. D. Any of the following activities require a Full SWPPP with both erosion and sediment control and post-construction water quality and quantity controls: (1) Any land development activity with an area of disturbance greater than 1 acre that will directly discharge a pollutant of concern to either an impaired water body identified on the New York State Department of Environmental Conservation’s 303(d) list of impaired waters, or a watershed for which a Total Maximum Daily Load is required, for which pollutants in stormwater have been identified as a source of the impairment. (2) Any land development activity with an area of disturbance of 1 acre or more and less than 5 acres, other than for construction of one- or two-family dwellings. (3) Any land development activity with an area of disturbance of 5 acres or more. (4) Any land development activity that will create 10,000 square feet or more of impervious cover, other than for the construction of one- or two-family dwellings. (5) Any land development activity that is part of a larger common plan of development or sale, which common plan in total will meet or exceed any of the thresholds listed in Subsections D(1), (2), (3) or (4) above, even though multiple separate and distinct land development activities may take place at different times on different schedules. E. Any of the following activities require a Basic SWPPP with Erosion and Sediment Control, if the project is not subject to a Full SWPPP pursuant to Subsection D above: (1) Any land development activity with an area of disturbance of 1 acre or more and less than 5 acres. Adopted 02/11/2008 10 (2) Any land development activity that involves excavation or filling, or a combination of excavation and filling, of 250 cubic yards or more of fill, sod, loam, sand, gravel, stone or similar materials. (3) Any land development activity with an area of disturbance of less than 1 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. F. The following activities require a Simple Erosion and Sedimentation Control Plan, if the project is not subject to a Full or Basic SWPPP pursuant to Subsections D or E above: (1) Any land development activity with an area of disturbance of 10,000 square feet or more and less than 1 acre, unless the activity meets all of the following criteria: (a) The activity takes place on level grade (less than 2% slope). (b) The activity does not take place within 20 feet of a roadside ditch. (c) The activity does not take place within 50 feet of a stream or wetland. (d) The activity is surrounded by no less than a 50 foot wide perimeter of woody or grass vegetation that will remain undisturbed. (2) Any land development activity that involves excavation or filling, or a combination of excavation and filling, resulting in the movement of more than 50 but less than 250 cubic yards of fill, sod, loam, sand, gravel, stone or similar materials, unless the activity meets all of the following criteria: (a) The activity takes place on level grade (less than 2% slope). (b) The activity does not take place within 20 feet of a roadside ditch. (c) The activity does not take place within 50 feet of a stream. (d) The activity is surrounded by no less than a 50 foot wide perimeter of woody or grass vegetation that is to remain undisturbed. Adopted 02/11/2008 11 (3) Any activity that involves the laying, replacing, or enlarging of an underground pipe or other underground facility for a distance of 300 feet or more. (4) The disturbance of the vegetative cover of a road ditch, drainage swale or other channel, for a distance of 30 feet or more. (5) Any land development activity, regardless of size, that the Town Engineer, Code Enforcement Officer, or Director of Planning determines likely to cause adverse impacts to an environmentally sensitive area (including, but not limited to, wetlands, steep slopes, swimming beaches, fisheries, and important habitats), or may violate any other stormwater control standards set forth in this chapter. § 228-7. Exemptions. The following activities are exempt from review under this chapter: A. Lawful farm operations on lands the principal use of which is as a farm, if the farm operations (i) occupy three acres or more of land, or (ii) occupy less than three acres of land and are located within a county agricultural district created under the provisions of Article 25-AA of the New York State Agriculture and Markets Law. Notwithstanding the foregoing, this term shall not include the construction of new structures associated with such farm operations. B. Logging activity undertaken pursuant to an approved timber harvesting plan prepared by the New York State Department of Environmental Conservation, or a New York State Cooperating Forester, which is to be made available on-site for review by the Town and in which recommended best management practices for water quality protection have been developed and are implemented, except that landing areas and log haul roads are subject to this chapter. C. Land development activities for which a permit or final approval has been issued on or before the effective date of this chapter, where such permit or final approval remains valid and substantial construction has been undertaken, except the Town may require erosion and sedimentation control measures consistent with this chapter. D. Cemetery graves. Adopted 02/11/2008 12 E. Installation of fence, sign, telephone, and electric poles, mailbox and newspaper posts, and other kinds of posts or poles, not including structural pilings, that will not alter existing terrain or drainage patterns. F. Emergency activity immediately necessary to protect life, property or natural resources as authorized by the Stormwater Management Officer and/or as the situation dictates. G. Activity of an individual engaging in home gardening by growing flowers, vegetables, and other plants primarily for use by that person and his or her family. H. Maintenance of landscaping or lawn areas associated with a one- or two- family dwelling. § 228-8. Administration. A. The Town Board designates the Town Engineer as the Stormwater Management Officer for the purposes of this chapter. B. The Planning Department will receive all stormwater pollution prevention plans that are subject to review and approval by the Town of Ithaca Planning Board or Zoning Board of Appeals, and forward such plans to the Town Engineer for review and a determination of whether the SWPPP complies with the requirements of this chapter. C. Applicants for all land development activities not subject to review and approval by the Town of Ithaca Planning Board or Zoning Board of Appeals shall be required to submit any required SWPPP or Erosion and Sedimentation Control Plan to the Stormwater Management Officer, or his or her designee, who shall have responsibility for reviewing and approving the plan if it is determined to comply with the requirements of this chapter. D. Nothing in this chapter supersedes an applicant’s obligation to obtain permit coverage from the New York State Department of Environmental Conservation, as described in the SPDES General Permit for Stormwater Discharges from Construction Activity (GP-02-01). For activities that require Full or Basic SWPPPs, the applicant must also submit a Notice of Intent and SWPPP to the New York State Department of Environmental Conservation. The applicant shall also send a copy of the Notice of Intent and Notice of Termination to the Town. Adopted 02/11/2008 13 § 228-9. Performance and Design Criteria for Stormwater Management and Erosion and Sediment Control. A. Technical Standards. (1) All Full and Basic SWPPPs and Simple Erosion and Sedimentation Control Plans shall contain appropriate Stormwater Management Practices that are designed and constructed in accordance with the standards set forth in the Design Manual and Erosion Control Manual. (2) The Use and Implementation of Stormwater Credits. The New York State Department of Environmental Conservation has identified nonstructural Stormwater Management Practices which qualify as Stormwater Credits that can reduce the water quality treatment volume and the water quantity/stream channel protection volume required for projects requiring a Full SWPPP. Such nonstructural Stormwater Management Practices are described in the DEC document entitled “The Use and Implementation of Stormwater Credits.” The Town encourages the use of such nonstructural Stormwater Management Practices to minimize reliance on structural stormwater management measures, and the Town will allow the applicant to utilize Stormwater Credits if the following requirements are met: (a) These practices must be reviewed and approved by the Town of Ithaca before the credit can be taken. (b) These practices must be implemented as described in “The Use and Implementation of Stormwater Credits” document, as it may be revised from time to time, or as described in any successor document issued by DEC. B. Better Site Design Requirements for Full SWPPPS. For projects requiring a Full SWPPP, stormwater management objectives must also incorporate nonstructural Stormwater Management Practices into the project design as specified below. The New York State Department of Environmental Conservation has identified a set of “Better Site Design Practices” (several of which overlap with the “Stormwater Credits” above) which can reduce the impacts of a project, and also often reduce costs. Many of these practices will result in smaller required stormwater treatment and storage volumes. (1) Projects requiring a Full SWPPP must apply a minimum of 2 of these techniques/practices. Adopted 02/11/2008 14 (2) If the applicant contends that the minimum number of practices cannot be incorporated into the project design due to site limitations, the applicant must explain and justify such limitations to the satisfaction of the Board responsible for project review and approval. C. Water Quality Standards. All land development activities must comply with New York State water quality standards whether or not a project is subject to this chapter. These standards are enforceable by the New York State Department of Environmental Conservation and include the following prohibitions: (1) 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 the state of New York. (2) Any land development activity shall not cause a flow alteration that will impair surface waters of the state of New York for their best usages. D. General Standards. (1) Developers and landowners must avoid and minimize disturbance of wetlands, stream corridors, and surface waters to the maximum extent practicable at the project site, and obtain the relevant state or federal permits if a disturbance will take place. Land development activities shall not discharge untreated stormwater directly into a natural wetland or water body without adequate treatment, nor modify natural wetlands for stormwater impoundment. To the extent possible, a buffer must be maintained between land development activities (including the placement of silt fencing) and wetland boundaries, stream banks, or lake or pond shorelines. (2) The groundwater recharge capacity of an area being developed shall, to the maximum extent possible, be maintained where site conditions permit. The use of structural and non-structural methods, reduction of impervious surfaces, and use of permeable pavement, where appropriate, are encouraged. (3) Notwithstanding Subsection D(2) above, stormwater discharges from land uses or activities with higher potential pollutant loadings, known as “hotspots,” shall not infiltrate into groundwater unless sufficient water quality treatment is provided to avoid potential water supply contamination. Adopted 02/11/2008 15 (4) Redevelopment projects often make more efficient use of the land, and may reduce overall impacts to natural areas. Alternatives to the technical standards required by this chapter may be appropriate for certain redevelopment projects. The Design Manual describes alternative methods and sizing requirements for redevelopment projects. For those projects that the Stormwater Management Officer determines meet the definition of a redevelopment project and for which he or she determines flexibility of standards is appropriate, the applicant may use such alternative standards. E. Equivalence to Technical Standards. Where Stormwater Management Practices are not in accordance with the technical standards set forth in § 228-9A above, the applicant or developer must demonstrate equivalence to such technical standards, and any SWPPP must be prepared by a qualified licensed professional and approved by both the Town and New York State Department of Environmental Conservation. § 228-10. Stormwater pollution prevention plans and erosion and sedimentation control plans. A. Plan requirements. No application for approval of a land development activity shall be reviewed or considered until any required SWPPP or Erosion and Sedimentation Control Plan, prepared in accordance with the specifications of this chapter, is submitted to the Town of Ithaca and deemed acceptable by the Stormwater Management Officer, or his or her designee. B. Contents of a Simple Erosion and Sedimentation Control Plan. All Simple Erosion and Sedimentation Control Plans shall provide the following: (1) The names, addresses, and telephone numbers of the landowner(s) and the developer(s), and the address or tax map number of the proposed project site. (2) Written description of the project, existing site conditions, and conditions at adjacent areas in relation to potential erosion and sediment problems, including locations of on-site and adjacent off- site surface water(s). (3) A location map or drawing showing the total site area, including areas to be disturbed and areas of land that will not be disturbed. (4) List of erosion and sedimentation control practices to be implemented, with maintenance procedures and revegetation plan. Adopted 02/11/2008 16 (5) Map showing location of practices to be used for erosion and sedimentation control. C. Contents of a Basic SWPPP. All Basic SWPPPs shall provide the following: (1) The names, addresses, and telephone numbers of the landowner(s) and the developer(s), and the tax map number for the parcel(s) being developed. (2) Written description of the project, existing site conditions, and conditions at adjacent areas in relation to potential erosion and sediment problems, including locations of on-site and adjacent off- site surface water(s). (3) A map showing the delineation of the watershed boundaries in which the project is sited. (4) Site maps and construction drawing(s) for the project, including a general location map. At a minimum, the site map must show, at a scale no smaller than 1"=100' (e.g., 1"=500’ is smaller than 1"=100’): (a) The total site area. (b) All proposed development elements, including, but not limited to, structures and roads. (c) Areas of land disturbance. (d) Areas of land that will not be disturbed. (e) Areas of pre-existing and proposed vegetative cover. (f) Locations of on-site and adjacent off-site surface water(s). (g) Wetlands and drainage patterns that could be affected by the land development activity. (h) Areas of existing and proposed final slopes. (i) Locations of off-site material, waste, borrow or equipment storage areas. (j) Location(s) of the Stormwater Management Practices and stormwater discharge(s). Adopted 02/11/2008 17 (5) Description of the existing soil(s) present at the site, vegetative surface cover, and site impervious cover present. (6) A land development 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. Consistent with the Erosion Control Manual, not more than 3 acres shall be disturbed at any one time, unless such disturbance is pursuant to an approved SWPPP. (7) 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. (8) Description of the type, quantities, and size of, and disposal methods for, construction and waste materials expected to be stored on-site, and a description of controls to reduce pollutants released from these materials, including storage practices to minimize exposure of the materials to stormwater. (9) Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment and erosion control for each stage of the project from initial land clearing and grubbing to project close-out, to include a landscaping and vegetation plan describing existing woody and herbaceous vegetation to be preserved and proposed landscaping to be installed. (10) A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice shown on drawings with a minimum scale of 1:50. (11) Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment and stormwater runoff catch basins, with details shown on drawings with a minimum scale of 1:50. (12) A list of each erosion control facility, if any, that will be converted from temporary to permanent control measures. (13) For each phase of development, submission of a separate and distinct plan for stormwater erosion and sedimentation control, including the sequencing plan. Adopted 02/11/2008 18 (14) Implementation schedule for the staging and sequencing of temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice will remain in place. (15) Maintenance and operating procedures and schedules to ensure continuous and effective operation of the erosion and sediment control practices. (16) The name or location and description of any surface waters that will receive stormwater runoff and/or sedimentation from the proposed project site. (17) Description of structural practices designed to divert flows away from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable. (18) Any existing site data that describes the stormwater runoff at the site. D. Contents of a Full SWPPP. All Full SWPPPs shall provide the following: (1) All information required in the Basic SWPPP described in § 228- 10C above. (2) A summary section including a narrative describing each control structure, its purpose, and how the selected controls will be appropriate and effective for the given conditions and proposed project. (3) A drainage area map showing the pre- and post-construction watershed boundaries, drainage area and stormwater flow paths, including municipal drainage system flows. (4) Comparison of post-development stormwater runoff conditions with pre-development conditions. Such calculations shall include: (a) Evaluation of the design storm frequency, intensity and duration for the 2, 10, 25, and 100-year storm event. (b) Time of concentration. (c) Soil Runoff Curve Number (RCN) based on land use and soil hydrologic group. Adopted 02/11/2008 19 (d) Peak runoff rates and total runoff volumes for each watershed area, including upstream, offsite contributing areas. (e) Infiltration rates, where applicable. (f) Culvert capacities. (g) Flow velocities. (h) Data on the increase in rate and volume of runoff for the specified design storms. (i) Documentation of sources for all computation methods and field test results. (5) Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storm. (6) Calculations for sizing Stormwater Management Facilities and Practices using the following four “Unified Stormwater Sizing Criteria” as described in the Design Manual: (a) Water Quality Volume. (b) Stream Channel Protection Volume Requirements. (c) Overbank Flood Control Criteria. (d) Extreme Flood Control Criteria. (7) Description of each permanent post-construction Stormwater Management Practice. (8) Site map/construction drawing(s) showing the specific location(s) and size(s) of each permanent post-construction Stormwater Management Practice. (9) Dimensions, material specifications and installation details for each permanent post-construction Stormwater Management Practice, including site/construction drawing(s) specifying the location(s), size(s) and length(s) of each Stormwater Management Practice. Adopted 02/11/2008 20 (10) Site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice. (11) Description of the non-structural measures (minimum of 2) from the New York State Department of Environmental Conservation’s “Better Site Design” manual that will be used on the site to reduce impacts on the watershed, or an explanation of why such measures are not feasible on the site. (12) Description and calculations for the use and implementation of any Stormwater Credits sought to be incorporated into the SWPPP pursuant to § 228-9A(2). (13) Maintenance and operating procedures and schedules to ensure continuous and effective operation of each permanent post- construction Stormwater Management Practice. (14) Post-development downstream analysis, if deemed necessary by the Stormwater Management Officer. E. Plan Certification. (1) A Full SWPPP must be prepared by a Qualified Licensed Professional and must be signed by the professional preparing the plan, who shall certify that the design of all Stormwater Management Practices meets the requirements in this chapter and New York State law. (2) A Basic SWPPP does not require professional certification. However, the SWPPP must follow the standards and specifications in the Erosion Control Manual as described in § 228-9. (3) A Simple Erosion and Sedimentation Control Plan does not require professional certification. However, the plan must follow the standards and specifications in the Erosion Control Manual as described in § 228-9. F. Certification. (1) Each contractor and subcontractor who will be involved in soil disturbance and/or Stormwater Management Practice installation shall sign a certification statement provided by the Town before undertaking any land development activity. If no contractor is involved in soil disturbance and/or Stormwater Management Practice installation, then said statement shall be signed by the owner and any developers before any land development activities Adopted 02/11/2008 21 are undertaken. Said certification statement shall certify under penalty of law that the signatory understands and agrees to comply with the terms and conditions of the relevant Stormwater Pollution Prevention Plan or Erosion and Sedimentation Control Plan, and that the signatory understands it is unlawful for any person to cause or contribute to a violation of water quality standards established by New York State or any other governmental authority. (2) The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm, the address (or other identifying description) of the site, and the date the certification is made. (3) The certification statement(s) shall become part of the SWPPP or Simple Erosion and Sedimentation Control Plan for the land development activity. G. A copy of the Basic and Full SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities until the date of final stabilization. § 228-11. Maintenance, Inspection, and Repair of Stormwater Management Practices. A. Maintenance and Inspection During Construction. (1) The developer and landowner of the land development activity shall at all times properly operate and maintain all stormwater management practices and systems of treatment and control (and related appurtenances) to achieve compliance with the requirements of this chapter. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by fifty (50) percent. (2) For land development activities meeting any of the thresholds described in § 228-6D (Full SWPPP required): (a) The developer and landowner shall have a Qualified Inspector or someone working under the direct supervision of the Qualified Inspector conduct site inspections and document the effectiveness of all erosion and sediment control practices every 7 days and within 24 hours of any storm event producing 0.5 inches of precipitation or more. Inspection reports shall be signed by the Qualified Inspector and submitted within one week of the inspection Adopted 02/11/2008 22 date to the Stormwater Management Officer and also copied to the site log book, which shall be maintained on- site during construction from the date of initiation of construction activities until the date of final stabilization. (b) A Qualified Inspector shall submit to the Town an initial inspection report, prior to the commencement of any land development activities. This report shall document whether the initial sediment and erosion control practices have been installed correctly and are functional. The report shall include the name and contact information of, and be signed by, the Qualified Inspector. (3) For land development activities meeting any of the thresholds described in § 228-6E (Basic SWPPP required): (a) The developer and landowner or their representative shall inspect and document the effectiveness of all erosion and sediment control practices. Inspection reports shall be completed every 7 days and within 24 hours of any storm event producing 0.5 inches of precipitation or more. Inspection reports shall be submitted within one week of the inspection date to the Stormwater Management Officer and also copied to the site log book, which shall be maintained on-site during construction from the date of initiation of construction activities until the date of final stabilization. (b) A Qualified Inspector, developer, landowner or their representative shall submit to the Town an initial inspection report, prior to the commencement of any land development activities. This report shall document whether the initial sediment and erosion control practices have been installed correctly and are functional. This report shall include the name and contact information of, and be signed by, the Qualified Inspector, developer, landowner, or their representative. B. Maintenance after Construction. The landowner and the owner and the operator of permanent Stormwater Management Practices installed in accordance with this chapter shall operate and maintain such Practices in compliance with the requirements in the Full SWPPP and to achieve the goals of this chapter. Proper operation and maintenance of the permanent Stormwater Management Practices includes, but is not limited to the following: Adopted 02/11/2008 23 (1) A preventive/corrective maintenance program for all Stormwater Management Practices which are installed or used by the developer, landowner, or owner or operator of the Stormwater Management Practices in order to achieve the requirements of this chapter. (2) Written procedures for operation and maintenance of any Stormwater Management Practices, together with written procedures for the training of new maintenance personnel. (3) Operation of the Stormwater Management Practices in a manner so that discharges from the stormwater facility do not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 228-9C. C. Right-of-Way and Easement for Town Inspections and Maintenance. Where at least one Stormwater Management Practice is required as part of a project’s approval, prior to the issuance of any building permit the landowner must execute a right-of-way and easement that shall be binding on all subsequent landowners. The right-of-way and easement shall provide for Town access to the Stormwater Management Practices for inspections, and possible maintenance, by the Town to ensure that the Stormwater Management Practices are maintained in proper working condition to meet design standards and any other provisions established by this chapter. After review and approval by the attorney for the Town, the right-of-way and easement shall be recorded by the grantor in the office of the Tompkins County Clerk, and noted on the subdivision plat (if applicable). D. Stormwater Management Practices Operation and Maintenance Agreements. Where at least one Stormwater Management Practice is required as part of a project’s approval, prior to the issuance of any building permit, or, in the discretion of the Planning Board, any certificate of occupancy, the landowner must receive the Town Board’s approval of a formal operation and maintenance agreement for Stormwater Management Practices that is (1) binding on all subsequent landowners, and (2) recorded in the office of the Tompkins County Clerk as a deed restriction on the property. In lieu of an operation and maintenance agreement, the Town may in its sole discretion accept dedication of any existing or future Stormwater Management Practice, provided such Practice meets all the requirements of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. Adopted 02/11/2008 24 § 228-12. Law Governing Conflicts. Where any provision of federal, state, county, or Town statutes, codes, or laws conflicts with any provision of this chapter, the most restrictive provision shall govern except where preempted by state or federal law. Nothing in this chapter shall be construed to affect the applicability of extraction and fill requirements in Town Code § 270-217. § 228-13. Administration and Enforcement. A. Construction Inspection. (1) Erosion and Sediment Control Inspection (for full SWPPPs, Basic SWPPPs, and Simple Erosion and Sedimentation Control Plans). The Stormwater Management Officer may require such inspections as necessary to determine compliance with this chapter and may either approve that portion of the work completed or notify the landowner and developer wherein the work fails to comply with the requirements of this chapter, the approved SWPPP, or the approved erosion and sedimentation control plan. The developer and landowner or their representative shall notify the Stormwater Management Officer or his or her designee at least 48 hours before any of the following activities, which require inspections: (a) After sediment and erosion control measures have been installed and before commencement of any land development activities. (b) Close of the construction season. (c) Successful establishment of landscaping. Additionally, the Town may also conduct random inspections during all phases of construction. If any violations are found, the landowner and developer shall be notified of the nature of the violation and the required corrective actions. The Stormwater Management Officer may direct that no further work be conducted, except for site stabilization, until all violations are corrected and all work previously completed has received approval by the Stormwater Management Officer. (2) Inspection of Stormwater Management Practices During Project Construction (for Full SWPPP). The Town of Ithaca Stormwater Management Officer or his or her designee is responsible for conducting inspections of Stormwater Management Practices required by a Full SWPPP. If any violations are found, the Adopted 02/11/2008 25 landowner and developer shall be notified of the nature of the violation and the required corrective actions. The Stormwater Management Officer may direct that no further work be conducted, except for site stabilization, until all violations are corrected and all work previously completed has received approval by the Stormwater Management Officer. B. Inspection of Stormwater Management Practices After Project Completion. (1) All landowners are required to submit “as built” plans for any Stormwater Management Practices located on-site after final construction is completed. The plan must show the final design specifications for all Stormwater Management Practices and must be certified by a professional engineer. (2) Inspections of Stormwater Management Practices required by a Full SWPPP shall occur on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notices of possible violations; inspection of drainage basins or areas identified as having higher levels of sediment or other contaminants or pollutants than would be typical for such basins or areas; 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, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other Stormwater Management Practices. Inspections may be performed by the Stormwater Management Officer or a designee(s). (3) If any violations are found, the Town may issue a notice of violation pursuant to § 228-15 or take other actions as authorized by this chapter. C. Submission of Reports. The Town of Ithaca Stormwater Management Officer may require additional monitoring and reporting from entities subject to this chapter as are necessary to determine compliance with this chapter. Adopted 02/11/2008 26 D. Town Right of Entry for Inspection. When any new stormwater management practice is installed or used on private property or when any new connection is made between private property and the public stormwater system, the Town may require the landowner to grant to the Town of Ithaca the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspections. § 228-14. Performance Guarantee. A. Construction Completion Guarantee. In order to ensure the full and faithful completion of all land development activities in compliance with all SWPPP requirements, the Town may require the applicant, developer or landowner to provide, prior to the commencement of development, 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 Town of Ithaca as the beneficiary. The security shall be in an amount to be determined by the Town Board or Planning Board 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 Town of Ithaca, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the Stormwater Management Practices have been constructed in accordance with the approved plans and specifications and that a one year inspection has been conducted and the Stormwater Management Practices have been found to be acceptable to the Town of Ithaca. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability. B. Maintenance Guarantee. Where Stormwater Management Practices and/or erosion and sediment control practices (collectively referred to in this Subsection B as “practices”) are to be operated and maintained by any person or entity other than the Town, the applicant, developer, landowner, or owner or operator of the practices may be required to provide the Town of Ithaca, prior to the commencement of development, with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of the practices both during and after construction, and until the practices are removed from operation. If the applicant, developer, landowner, or owner or operator of the practices fails to properly operate and maintain them, the Town of Ithaca may draw upon the account to cover the costs of proper operation and maintenance, including engineering, legal and inspection costs. C. Record Keeping. The Town of Ithaca may require entities subject to this chapter to maintain and provide to the Town, as specified by the Town, records demonstrating compliance with this chapter. Adopted 02/11/2008 27 § 228-15. Enforcement and Penalties. A. Notice of Violation. (1) When the Town of Ithaca determines that the requirements of this chapter are not being met, it may issue a written notice of violation to the landowner and, in the discretion of the Town, to any applicant, developer, or owner or operator of Stormwater Management Practices. The notice of violation shall contain: (a) The name and address of the landowner and of any applicant, developer, or owner or operator of the Stormwater Management Practices receiving the notice of violation. (b) The address, when available, or a description of the building, structure or land upon which the violation is occurring. (c) A statement specifying the nature of the violation. (d) A description of the remedial measures necessary to bring the violation into compliance with this chapter and a time schedule for the completion of such remedial action. (e) A statement of the fines and penalties applicable to such violations. (2) If the remedial measures are not completed to the satisfaction of the Town’s Stormwater Management Officer within the period set forth in the Town’s notice of violation, the Town may enter the property to undertake the remedial measures or cause them to be made. The Town’s entry onto such private property shall be pursuant to an agreement between the Town and landowner. If no agreement exists or can be obtained in a timely manner, the Town may enter such property to remove an imminent danger to life, property or safety of the public caused by the inadequate operation or repair of the Stormwater Management Practices. (3) The Town shall present the landowner with a bill for all costs and expenses incurred by the Town in connection with the remedial measures. If the landowner shall fail to pay such costs and expenses within 10 days after the demand for same, or within 30 days of the final decision on any administrative or judicial contest the landowner may pursue, then such unpaid costs, expenses and Adopted 02/11/2008 28 interest at the per annum rate of 9% incurred from the date of the remedial measures shall constitute a lien upon the land on which the Stormwater Management Practices are located. A legal action or proceeding may be brought to collect such costs, expenses, interest, and recoverable attorney’s fees, or to foreclose such lien. As an alternative to the maintenance of any such action, the Town may file a certificate with the Tompkins County Department of Assessment stating the costs and expenses incurred and interest accruing as aforesaid, together with a statement identifying the property and landowner. The Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs, expenses and interest upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. The assessment of such costs, expenses and interest shall be effective even if the property would otherwise be exempt from real estate taxation. (4) The Town’s rights to undertake remedial measures and recover the costs from the landowner are in addition to all other rights and remedies allowed by this chapter or by law or in equity. B. Stop-Work Orders. (1) Authority to issue. The Stormwater Management Officer or Code Enforcement Officer is authorized to issue stop-work orders under this chapter for violations of this chapter. (2) Content of stop-work orders. Stop-work orders shall be in writing, be dated and signed by the issuing officer, state the reason or reasons for issuance, and if applicable, state the conditions which must be satisfied before work will be permitted to resume. (3) Service of stop-work orders. The issuing officer shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property personally or by certified mail. The issuing officer shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served personally or by certified mail on any applicant, developer, tenant, contractor, subcontractor, construction superintendent, owner or operator of Stormwater Management Practices, or their agents, or any other person or entity taking part or assisting in work affected by the stop-work order; provided, however, that failure to serve any person or entity Adopted 02/11/2008 29 mentioned in this sentence shall not affect the efficacy of the stop- work order. (4) Effect and duration of stop-work order. Upon the issuance of a stop-work order, the owner of the affected property, applicant, and any other person or entity receiving said order or performing, taking part in or assisting in the work, shall immediately halt all on-site work and activities, except for those activities that address the violations leading to the stop-work order, and except for such work as may be necessary to mitigate or control stormwater and erosion. The stop-work order shall be and shall remain in effect until the Town confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. (5) Violations of stop-work orders. In addition to any other right or remedy allowed by this chapter or by law or in equity, failure to comply with a stop-work order in a timely manner is a violation of this chapter and may result in civil penalties, criminal fines, imprisonment and/or injunctive relief in accordance with the provisions of this chapter. (6) Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address violations of this chapter, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under other sections of this chapter, under any other applicable local law or State law, or in equity. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order. C. Violations. Any land development activity that is commenced or is conducted contrary to this chapter, and all other violations of this chapter, may be abated in any manner provided by law. D. Fines, Penalties and Injunctive Relief. (1) Fines and imprisonment. (a) A violation of this chapter’s requirements to obtain or comply with the terms of a Full SWPPP is hereby declared to be an offense, with conviction punishable by a fine of up to one thousand dollars ($1,000.00) or imprisonment not to exceed fifteen days, or both. Adopted 02/11/2008 30 (b) A violation of this chapter’s requirements to obtain or comply with the terms of a Basic SWPPP is hereby declared to be an offense, with conviction punishable by a fine of up to five hundred dollars ($500.00) or imprisonment not to exceed fifteen days, or both. (c) A violation of this chapter’s requirements to obtain or comply with a Simple Erosion and Sedimentation Control Plan is hereby declared to be an offense, with conviction punishable by a fine of up to two hundred fifty dollars ($250.00) or imprisonment not to exceed fifteen days, or both. (d) Any other violation of this chapter’s requirements is hereby declared to be an offense, with conviction punishable by a fine of up to one thousand dollars ($1,000.00) or imprisonment not to exceed fifteen days, or both. (e) Each day a violation exists shall constitute a separate violation. (f) Any police officer or peace officer or any person who may be lawfully designated by the Town Board shall have the authority to issue appearance tickets in connection with such violations. (2) Civil penalties and injunctions. (a) Persons and other entities that violate this chapter’s requirements to obtain or comply with the terms of a Full SWPPP shall be liable for a civil penalty of up to one thousand dollars ($1,000.00) for each such violation. (b) Persons and other entities that violate this chapter’s requirements to obtain or comply with the terms of a Basic SWPPP shall be liable for a civil penalty of up to five hundred dollars ($500.00) for each such violation. (c) Persons and other entities that violate this chapter’s requirements to obtain or comply with the terms of a Simple Erosion and Sedimentation Control Plan shall be liable for a civil penalty of up to two hundred fifty dollars ($250.00) for each such violation. (d) Persons and other entities that violate any other requirements of this chapter shall be liable for a civil Adopted 02/11/2008 31 penalty of up to one thousand dollars ($1,000.00) for each such violation. (e) Each day a violation exists shall constitute a separate violation. (f) The Attorney for the Town or his or her designee may commence an action or special proceeding against the violator in a court of competent jurisdiction to collect these penalties, together with costs, disbursements and recoverable attorneys’ fees, and/or to compel compliance with this chapter or restrain by injunction any such violation. E. Withholding of Issuance of Building Permit, Certificate of Occupancy, or Inspections. If any building or land development activity is installed or conducted in violation of this chapter, the Stormwater Management Officer or Code Enforcement Officer may withhold any building permit or certificate of occupancy, and/or prevent the occupancy of said building or land. F. Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within the time schedule set forth in a notice of violation, the Town may take necessary corrective action and recover the costs of same pursuant to § 228-15A. In addition, the Town may commence any one or more civil proceedings in the Town Court, or any other court of competent jurisdiction, to recover the costs of such restoration.” Section 2. Severability. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. Effective Date. This local law shall take effect immediately upon filing with the New York Secretary of State. Adopted 02/11/2008 32