Colonie Town City Zoning Code
ARTICLE XIV
Stormwater Management and Erosion and Sediment Control
§ 190-73 Findings of fact.
It is hereby determined that:
A.
Development of real property 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 more silt in aquatic habitat 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 habitat. Improper clearing of vegetation and burial of vegetative and other wastes can result in unstable soil conditions and the production of noxious gases through decomposition of said wastes;
D.
Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff thereby increasing stream bank erosion and sedimentation;
E.
Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream base flow;
F.
Substantial economic losses can result from these adverse impacts on the waters of the municipality;
G.
Stormwater runoff, soil erosion and non-point-source pollution can be controlled and minimized through the regulation of stormwater runoff from development activities;
H.
The regulation of stormwater runoff discharges from real property activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and non-point-source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety; and
I.
Regulation of 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.
§ 190-74 Purpose.
The purpose of this article is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety and welfare of the public residing within this jurisdiction and to address the findings of fact above. This article seeks to meet those purposes by achieving the following objectives:
A.
Meet the requirements of Minimum Measures 4 (construction runoff) and 5 (post-construction maintenance) of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02, or as amended or revised;
B.
Require work on real property to conform to the substantive requirements of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities, GP-02-01, or as amended or revised;
C.
Minimize increases in stormwater runoff from activities on real property in order to reduce flooding, silt, increases in stream temperature and stream bank erosion and maintain the integrity of stream channels;
D.
Minimize or decrease pollution caused by stormwater runoff from activities on real property which would otherwise degrade local water quality;
E.
Minimize or decrease the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable;
F.
Reduce or decrease stormwater runoff rates and volumes, soil erosion and non-point-source pollution, wherever possible, through stormwater management practices, and to ensure that these management practices are properly maintained, and eliminate threats to public safety. Specific consideration of stormwater runoff shall be provided to critical watersheds; and
G.
Eliminate unstable soil conditions and the production of noxious gases which result from improper stormwater practices, improper grading practices, improper clearing of vegetation and the burial of vegetative and other wastes.
§ 190-75 Definitions.
[Amended 4-20-2023 by L.L. No. 4-2023]
The terms used in this article or in documents prepared or reviewed under this article shall have the meaning as set forth in this section. If a term is not defined in this section, then the definition provided in Article II shall apply. Any conflict between a definition provided in Article II and this article shall be resolved in favor of the definition provided below.
The activity of an active farm, including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation or the construction of new structures associated with agricultural activities.
Any structure, either temporary or permanent, having walls and a roof, designed for the sheltering 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.
The New York State Department of Environmental Conservation.
The New York State Stormwater Management Design Manual, as amended. This manual serves as the official guide for stormwater management principles, methods and practices.
The New York Standards and Specifications for Erosion and Sediment Control Manual, as amended. This is commonly known as the "Blue Book."
Surfaces, improvements and structures that cannot effectively be infiltrated by 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."
An activity, including clearing, grading, excavating, soil disturbance or placement of fill, that results in land disturbance equal to or greater than one acre or an activity 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.
The legal or beneficial owner of land, including those holding the right to purchase or lease the land or any other person holding proprietary rights in the land.
A document which provides for long-term maintenance of stormwater management practices. It is anticipated this document will be recorded in the Albany County Clerk's office and will act as a property deed restriction or encumbrance.
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.
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 silt) 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.
Any construction or development activity upon real property.
The replenishment of underground water reserves.
Measures that prevent sediment from leaving the site.
Cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs or habitats for threatened, endangered or special concern species.
See "stormwater management practices."
The New York State Pollutant Discharge Elimination System.
A SPDES permit issued to developers of construction activities to regulate disturbance of one or more acres of land.
A 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.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity on a site be stopped.
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.
One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
An employee or officer designated by the Commissioner of the Department of Public Works or the Town Board to accept and review stormwater pollution prevention plans, forward the plans to the applicable Town board or department, inspect stormwater management practices, and enforce this article.
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 non-point-source pollution inputs to stormwater runoff and water bodies.
Rainwater, surface runoff, snowmelt and drainage.
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.
See "stormwater pollution prevention plan."
A channel that directs surface runoff to a watercourse or to the public storm drain.
§ 190-76 Applicability.
[Amended 4-20-2023 by L.L. No. 4-2023]
A.
This article shall be applicable to all real property within the Town of Colonie.
B.
All land development activities subject to subdivision and/or site plan review and approval under the Colonie Land Use Law regulations shall be reviewed subject to the standards contained in this article. In this instance, the SWPPP shall be submitted along with subdivision and site plan applications.
C.
All land development activities not subject to subdivision and/or site plan review that are over an acre of disturbance shall be required to submit a SWPPP to the Stormwater Management Office, who shall review the SWPPP for compliance with the requirements of this article.
D.
All land development activities in which there is an increase in impermeable ground cover shall be required to submit plans to the Stormwater Management Office for review.
§ 190-77 Exemptions.
[Amended 4-20-2023 by L.L. No. 4-2023]
The following activities are exempt from the permit requirements under this article. However, even those projects which are exempt from the permit requirements must meet the standards set forth in this article.
A.
"Agricultural activity" as defined in this article.
B.
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 stormwater management facility.
C.
Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer.
D.
Cemetery graves.
E.
Installation of fence, sign, telephone and electric poles and other kinds of posts or poles.
F.
Emergency activities immediately necessary to protect life, property or natural resources.
G.
Activities 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.
Landscaping and horticultural activities in connection with an existing structure that does not change the drainage patterns.
I.
Creation or restoration of wetlands pursuant to a state or federal wetlands permit.
J.
Creation, restoration or preservation of pine bush habitat by the Albany Pine Bush Preserve Commission.
§ 190-78 Stormwater pollution prevention plans.
[Amended 4-20-2023 by L.L. No. 4-2023]
A.
Stormwater pollution prevention plan requirement. No approval of a land development activity shall be issued until a stormwater pollution prevention plan (SWPPP) has been accepted in accordance with the specifications in this article. A grading permit shall not be issued until the SWPPP is approved in writing by the Town of Colonie.
B.
Erosion and sediment control plan. All SWPPPs shall, at a minimum, have an erosion and sediment control plan that provides control measures to minimize the discharge of pollutants and prevent a violation of water quality standards. Erosion and sediment control plans shall meet the requirements of the New York State Standards and Specifications for Erosion and Sediment Control and the Town of Colonie highway and drainage standards.
(1)
Development within impaired watersheds or where a five-acre-variance request is submitted to DEC may require additional data.
C.
Post-construction stormwater runoff control. In addition to the erosion and sediment control plan, land development activities meeting any of the three conditions below shall also be required to provide a report as to water quantity and water quality controls (post-construction stormwater runoff controls):
(1)
Stormwater runoff from project activity 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)
Stormwater runoff from land development activities disturbing five or more acres; or
(3)
Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the New York State Department of Environmental Conservation'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.
(4)
The additional report to be provided for post-construction stormwater controls shall be provided with the SWPPP application and shall include:
(a)
Description of each post-construction stormwater management practice;
(b)
Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice;
(c)
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms;
(d)
Comparison of post-development stormwater runoff conditions with predevelopment conditions;
(e)
Dimensions, material specifications and installation details for each post-construction stormwater management practice;
(f)
Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice;
(g)
Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property;
(h)
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 190-80 of this article.
(i)
If the land development activity meets either of the conditions described in § 190-78C(2) or (3) above (activity disturbs five acres or more, or runoff discharges a pollutant of concern to either an impaired water or a TMDL-designated watershed), then the SWPPP shall be prepared by a landscape architect, certified professional in erosion and sediment control (CPESC), soil scientist or professional engineer 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 article.
§ 190-79 Performance and design criteria.
Every soil disturbance shall meet the criteria set forth in the New York Standards for Erosion and Sediment Control [aka "the Blue Book," see Subsection A(1) below]. Also, all land development activities shall be subject to all of 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. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this article:
(1)
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" or the "Blue Book").
(2)
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").
(3)
The Town of Colonie Standard Format for Stormwater Management Plans and Reports.
Note: The New York State technical guidance documents may be ordered from the DEC. An order form as well as downloadable versions of the manuals are available on the Internet at: http://www.dec.state.ny.us/website/dow/toolbox/escstandards/index.html; and http://www.dec.state.ny.us/website/dow/toolbox/swmanual/. |
B.
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in the Design Manual [see Subsection A(1) above], and the SWPPP shall be prepared by a landscape architect, certified professional in erosion and sediment control (CPESC), soil scientist or professional engineer.
C.
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 the state of New York.
D.
Permitting process; additional standards.
(1)
Applications shall be made on forms prescribed by the Town therefor, which shall be accompanied by the required fee, if any, established by the Town Board.
(2)
The Stormwater Management Officer shall review the application and act to approve, approve with modification or deny the requested SWPPP.
(3)
In the event that the submittal is denied, the applicant may have the decision reviewed by the Planning Board.
(4)
The smallest practical area of land shall be exposed at any one time during the project.
(5)
When land is exposed during development, the exposure shall be kept to the shortest practical period of time.
(6)
To protect areas in excess of one acre exposed for a period over two weeks during development, the following controls shall be applied:
(a)
Temporary vegetation, mulch, geo-textiles, and/or emulsion shall be provided as needed to prevent soil erosion. Application of these materials shall be by approved equipment.
(b)
On areas that will be exposed for short periods of time (daily) where weather conditions are conducive to airborne soil particles, a construction fence shall be installed, as directed by the SMO.
(c)
On areas such as temporary roadways, when dry conditions prevail, the contractor shall be required to apply water or take other measures as required to prevent dust during daily construction activities.
(7)
Sediment basins, debris basins, silting basins, silt fencing or silt traps shall be installed and maintained to remove sediment from runoff waters on lands undergoing development.
(8)
Permanent final vegetation and structures shall be installed as soon as practical in the development.
(9)
The development plan should be fitted to the type of topography and soils so as to create the least erosion potentials.
(10)
Wherever feasible, natural vegetation should be retained and protected.
(11)
In areas of proposed fill, all existing vegetation and other organic material, including the root mat, shall be removed prior to placement of fill. The material shall be disposed of in an appropriate off-site facility or processed for reuse on site in a manner that will not be conducive to adverse effects of decomposition, such as the production of odors or of concentrations of noxious or explosive gases or the creation of unstable subsurface conditions. The proposed method of on-site processing and reuse shall be specified in the permit application and may require certification by a licensed professional engineer as a safe and effective means of disposal.
(12)
No vegetation or other waste materials shall be buried on the site.
(13)
All fill placed on the site shall be as free of organic material as is practicable.
E.
Deposit, performance of site work; inspection.
(1)
To ensure that the site work is performed in accordance with the controls of this article, before obtaining approval the applicant shall deposit with the Comptroller of the Town of Colonie a cash escrow as set forth in the fee schedule adopted by the Town Board by separate resolution.
(2)
Said site work shall be performed and completed in accordance with the approved plan and schedule of vegetation removal and disposal, grading, construction operation and erosion control methods on file with the Department of Public Works Bureau of Engineering at the time of issuance of the approval.
(3)
Upon completion of the site work set forth in the plan, the applicant will request the Bureau of Engineering to inspect the work; upon approval of the site work, the Bureau will direct the Town Comptroller to release all of the applicant's money deposited pursuant to Subsection E(1) above.
(4)
Upon the failure of the applicant to perform the site work in accordance with the site plan submitted as aforesaid, the Town of Colonie and/or its agents shall be permitted to enter upon the premises and complete the necessary site work and charge the cost of the site work to the funds on deposit with the Town Comptroller pursuant to Subsection E(1) above, and the Town Comptroller shall be authorized to pay any charge or charges approved by the Bureau of Engineering without further approval of the applicant. If the Town should undertake completion of any site work upon the applicant's failure to do so, any sums remaining on deposit with the Town Comptroller after completion of said site work shall be returned to the applicant.
§ 190-80 Maintenance, inspection and repair of stormwater facilities.
A.
Maintenance and inspection during construction.
(1)
The Bureau of Engineering or its designee shall have the power to make necessary inspections. The Bureau may employ, at its discretion, a Construction Inspector to act as its agent for the purpose of assuring satisfactory completion of permit requirements. The inspection provided may include, but not necessarily be limited to, all grading, drainage, stormwater management systems and erosion control measures, and may include soil testing as necessary to determine compliance with the provisions of this article and the conditions of the approval.
(2)
The Bureau of Engineering will determine an amount sufficient to defray the costs of such inspection. The applicant shall deposit said amount of moneys with the Town Comptroller in an escrow account prior to the issuance of the approval. The Bureau of Engineering shall be authorized to pay the costs of inspection by its Construction Inspector from the moneys on deposit in said account and shall return to the applicant any such moneys, including interest, on balance in the account at the time of completion of the permitted site work, provided that all inspection costs have been paid. If the moneys on deposit prove to be insufficient for the costs of required inspections, the Bureau of Engineering shall require that the applicant deposit additional moneys in an amount sufficient to satisfy the costs of such additional inspections as may be required.
(3)
The applicant or developer of the land development activity or his or her 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 by the applicant or developer to achieve compliance with the conditions of this article. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
(4)
For land development activities meeting any of the conditions set forth in § 190-78C(1), (project activity of between one and five acres of land during course of job, exclusive of one-family residences and construction activities at agricultural properties or stormwater runoff from land development activities disturbing five or more acres or stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water or a TMDL-designated watershed) the applicant shall have a qualified professional 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 inches of precipitation or more. Inspection reports shall be maintained in a site log book.
B.
Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Colonie to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this article. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the Colonie Town Attorney.
C.
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this article shall ensure they are operated and maintained to achieve the goals of this legislation. Proper operation and maintenance also includes, as 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 to achieve the goals of this article.
(2)
Written procedures for operation and maintenance and training new maintenance personnel.
D.
Maintenance agreements. The Town of Colonie shall approve a formal maintenance agreement for stormwater management facilities which are going to be privately owned after construction. The agreement shall be binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of a sample stormwater control facility maintenance agreement on file in the Planning and Economic Development Department and Department of Public Works Bureau of Engineering. The Town of Colonie, in lieu of a maintenance agreement, at its sole discretion, may accept dedication of any existing or future stormwater management facility, provided such facility 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.
§ 190-81 Administration and enforcement.
[Amended 4-7-2011 by L.L. No. 16-2011]
A.
Inspection.
(1)
In addition to the DEC inspections required to be performed by the applicant, the Town of Colonie Commissioner of Public Works or his or her designees may require such inspections as necessary to determine compliance with this article and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this article and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Town of Colonie enforcement official at least 48 hours before any of the following as required by the Commissioner of Public Works or his or her designees:
(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.
(2)
If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted on the site, including on structures located thereon, except for site stabilization until any violations are corrected and all work previously completed has received approval by the Commissioner of Public Works or his or her designees.
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, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.
C.
Submission of reports and record plans. The Town of Colonie Commissioner of Public Works or his or her designees may require monitoring and reporting from entities subject to this article as are necessary to determine compliance with this article. All applicants are required to submit record 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 facilities and must be certified by a licensed professional.
D.
Right of entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town of Colonie the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection.
E.
Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town of Colonie in its approval of the stormwater pollution prevention plan, the Town may 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 Town of Colonie as the beneficiary. The security shall be in an amount to be determined by the Town 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 Colonie, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) 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 Town. Per-annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
F.
Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Town of Colonie 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 facilities both during and after construction and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Colonie may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
G.
Recordkeeping. The Town of Colonie may require entities subject to this article to maintain records demonstrating compliance with this portion of the Town of Colonie Land Use Law.
H.
Notice of violation. When the Town of Colonie determines that a project is not being carried out in accordance with the requirements of this article, it may issue a written notice of violation to the landowner and also, if necessary, to the developer, the builder, the subcontractor or anyone else responsible for the work being performed. The notice of violation shall contain:
(1)
The name and address of the landowner, developer or applicant;
(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 project 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; and
(6)
A statement that the determination of violation may be appealed to the Town by filing a written notice of appeal within 15 days of service of the notice of violation.
I.
Stop-work orders. The Town of Colonie may issue a stop-work order for violations of this article. Persons receiving a stop-work order shall be required to halt all work of any nature on the site, including on any structures located thereon, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town of Colonie confirms that the project 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 in this article.
J.
Violations. Any land development activity that is commenced or is conducted contrary to this article may be restrained by injunction or otherwise abated in a manner provided by law.
K.
Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this article shall be guilty of a violation punishable by a fine not exceeding $5,000 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $10,000 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $15,000 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this article shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
L.
Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this article, the Commissioner of Public Works or his or her designees may prevent the occupancy of said building or land.
M.
Restoration of lands. Any violator may be required to restore and repair any damage resulting from noncompliance with the regulations herein. In the event that restoration or repair is not undertaken within a reasonable time after notice, the Town of Colonie may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
§ 190-82 Fees for services.
The Town of Colonie may require any person undertaking activities regulated by this article to pay reasonable costs at prevailing rates for review of SWPPPs, inspections or SMP maintenance performed by Town personnel or performed by a third party for the Town of Colonie.