Irvington City Zoning Code
ARTICLE XXVII
Stormwater Control
§ 224-164 Definitions.
The terms used in this article or in documents prepared or reviewed under this local law shall have the meanings as set forth in this section.
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.
A property owner or agent of a property owner who has filed an application for a land development activity.
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 deliberate appropriation of property by its owner for general public use.
The New York State Department of Environmental Conservation.
The New York State Stormwater Management Design Manual, most recent version including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
The most recent version of the New York Standards and Specifications for Erosion and Sediment Control Manual, commonly known as the "Blue Book."
Excavation or fill of material, including the resulting conditions thereof.
Green infrastructure approaches infiltrate, evapotranspire or reuse stormwater, using soils and vegetation rather than hardscape collection, conveyance and storage structures. Common green infrastructure approaches include green roofs, trees and tree boxes, rain gardens, vegetated swales, pocket wetlands, infiltration planters, vegetated median strips, reforestation, and protection and enhancement of riparian buffers and floodplains.
[Added 1-19-2011 by L.L. No. 1-2011]
Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
A state pollutant discharge elimination system permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."
Construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.
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 legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
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 siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.
Land development activity.
A person who is knowledgeable in the principles and practices of erosion and sediment control, such as a licensed professional engineer, Certified Professional in Erosion and Sediment Control (CPESC), or registered landscape architect, or someone working under the direct supervision of, and at the same company as, the licensed professional engineer or registered landscape architect, provided that person has training in the principles and practices of erosion and sediment control.
[Added 1-19-2011 by L.L. No. 1-2011]
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.
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 municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.
Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
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.
An employee from the contracting (construction) company, who has received four hours of Department-endorsed training in proper erosion and sediment control principles. After receiving the initial training, the trained contractor shall receive four hours of training every three years. It can also mean an employee from the contracting (construction) company who meets the qualified inspector qualifications.
[Added 1-19-2011 by L.L. No. 1-2011]
A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or to the public storm drain.
§ 224-165 Stormwater pollution prevention plans.
A.
Stormwater pollution prevention plan requirement.
(1)
No application for approval of a land development activity shall be reviewed until the appropriate board has received a Stormwater Pollution Prevention Plan (SWPPP) prepared in accordance with the specifications in this article.
(2)
Contents of stormwater pollution prevention plans.
(a)
All SWPPPs shall provide the following background information and erosion and sediment controls:
[1]
Background information about the scope of the project, including location, type and size of project;
[2]
Site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharge(s);
[3]
Description of the soil(s) present at the site;
[4]
Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP;
[5]
Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff;
[6]
Description of construction and waste materials expected to be stored on-site with updates as appropriate, and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response;
[7]
Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project close-out;
[8]
A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;
[9]
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;
[10]
Temporary practices that will be converted to permanent control measures;
[11]
Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place;
[12]
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;
[13]
Name(s) of the receiving water(s);
[14]
Delineation of SWPPP implementation responsibilities for each part of the site;
[15]
Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and
[16]
Any existing data that describes the stormwater runoff at the site.
(b)
Land development activities as defined in § 224-164 of this article and meeting Condition A, B, C or D below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in Subsection B(3) below as applicable:
[Amended 1-19-2011 by L.L. No. 1-2011]
[1]
Condition A: Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.
[2]
Condition B: Stormwater runoff from land development activities disturbing five or more acres.
[3]
Condition C: Stormwater runoff from land development activity disturbing between one and five acres of land during the course of the project, exclusive of the construction of single-family residences with 25% or less impervious cover at total build out and construction activities at agricultural properties.
[4]
Condition D: Stormwater runoff from land development activities disturbing between one and five acres of land for a single-family residential subdivision that will result in greater than 25% impervious cover at total build out.
B.
SWPPP requirements for Conditions A, B, C and D:
[Amended 1-19-2011 by L.L. No. 1-2011]
(3)
Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice.
(4)
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms.
(5)
Comparison of post-development stormwater runoff conditions with pre-development conditions.
(6)
Dimensions, material specifications and installation details for each post-construction stormwater management practice.
(7)
Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice.
(8)
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.
C.
Plan certification. The SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements in this article.
D.
Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.
E.
Contractor certification.
(1)
Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."
(2)
The certification must include the name and title of the person 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 for the land development activity.
F.
A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.
§ 224-166 Performance and design criteria for stormwater management and erosion and sediment control.
All land development activities shall be subject to 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)
The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the "Design Manual").
(2)
New York Standards and Specifications for Erosion and Sediment Control, (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the "Erosion Control Manual").
§ 224-167 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.
§ 224-168 Maintenance and repair of stormwater facilities.
A.
Maintenance during construction.
(1)
The applicant or developer of the land development activity 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%.
(2)
The applicant or developer, or his or her representative, one of which must be a trained contractor, shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. Inspection reports shall be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. The reports shall be delivered to the Stormwater Management Officer and also copied to the site log book.
[Amended 1-19-2011 by L.L. No. 1-2011]
(3)
For land development activities as defined in § 224-164 of this chapter and meeting Condition A, B, C or D in § 224-165A(2)(b), the applicant shall have a qualified inspector conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days. Construction activities disturbing five acres or more at any one time shall be inspected by a qualified inspector twice every seven days.
[Added 1-19-2011 by L.L. No. 1-2011]
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 Village of Irvington 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 counsel for the Village of Irvington.
C.
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this article shall operate and maintain the stormwater management practices to achieve the goals of this article. 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 Village of Irvington shall approve a formal maintenance agreement for stormwater management facilities 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 § 224-170, entitled "Sample stormwater control facility maintenance agreement." The Village of Irvington, 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.
§ 224-169 Stormwater management practices.
[Amended 1-19-2011 by L.L. No. 1-2011]
A.
Green infrastructure planning general categories and specific practices.
Group | Practice | Description | |
|---|---|---|---|
Preservation of Natural Resources | Preservation of undisturbed areas | Delineate and place into permanent conservation easement undisturbed forests, native vegetated areas, riparian corridors, wetlands and natural terrain. | |
Preservation of buffers | Define, delineate and place in permanent conservation easement naturally vegetated buffers along perennial streams, rivers, shorelines and wetlands. | ||
Reduction of clearing and grading | Limit clearing and grading to the minimum amount needed for roads, driveways, foundations, utilities and stormwater management facilities. | ||
Locating development in less sensitive areas | Avoid sensitive resource areas such as floodplains, steep slopes, erodible soils, wetlands, mature forests and critical habitats by locating development to fit the terrain in areas that will create the least impact. | ||
Open space design | Use clustering, conservation design or open space design to reduce impervious cover, preserve more open space and protect water resources. | ||
Restore the original properties and porosity of the soil by deep till and amendment with compost to reduce the generation of runoff and enhance the runoff reduction performance of practices such as downspout disconnections, grass channels, filter strips and tree clusters. | |||
Reduction of Impervious Cover | Roadway reduction | Minimize roadway widths and lengths to reduce site impervious area. | |
Sidewalk reduction | Minimize sidewalk lengths and widths to reduce site impervious area. | ||
Driveway reduction | Minimize driveway lengths and widths to reduce site impervious area. | ||
Cul-de-sac reduction | Minimize the number of culs-de-sac and incorporate landscaped areas to reduce their impervious cover. | ||
Building footprint reduction | Reduce the impervious footprint of residences and commercial buildings by using alternate or taller buildings while maintaining the same floor-to-area ratio. | ||
Parking reduction | Reduce imperviousness on parking lots by eliminating unneeded spaces, providing compact car spaces and efficient parking lanes, minimizing stall dimensions, using porous pavement surfaces in overflow parking areas, and using multistoried parking decks where appropriate and allowed. |
B.
Green infrastructure techniques acceptable for runoff reduction.
Group | Practice | Description | |
|---|---|---|---|
Runoff Reduction Techniques | Conservation of natural areas | Retain the pre-development hydrologic and water quality characteristics of undisturbed natural areas and stream and wetland buffers by restoring and/or permanently conserving these areas on a site. | |
Sheetflow to riparian buffers or filter strips | Undisturbed natural areas such as forested conservation areas and stream buffers or vegetated filter strips and riparian buffers can be used to treat and control stormwater runoff from some areas of a development project. | ||
Vegetated open swale | The natural drainage paths, or properly designed vegetated channels, can be used instead of constructing underground storm sewers or concrete open channels to increase time of concentration, reduce the peak discharge and provide infiltration. | ||
Tree planting/tree box | Plant or conserve trees to reduce stormwater runoff, increase nutrient uptake and provide bank stabilization. Trees can be used for applications such as landscaping, stormwater management practice areas, conservation areas and erosion and sediment control. | ||
Disconnection of rooftop runoff | Direct runoff from residential rooftop areas and upland overland runoff flow to designated pervious areas to reduce runoff volumes and rates. | ||
Stream daylighting for redevelopment projects | Stream daylight previously culverted/piped streams to restore natural habitats, better attenuate runoff by increasing the storage size and promoting infiltration, and help reduce pollutant loads. | ||
Rain garden | Manage and treat small volumes of stormwater runoff using a conditioned planting soil bed and planting materials to filter runoff stored within a shallow depression. | ||
Green roof | Capture runoff by a layer of vegetation and soil installed on top of a conventional flat or sloped roof. The rooftop vegetation allows evaporation and evapotranspiration processes to reduce volume and discharge rate of runoff entering conveyance system. | ||
Stormwater planter | Small landscaped stormwater treatment devices that can be designed as infiltration or filtering practices. Stormwater planters use soil infiltration and biogeochemical processes to decrease stormwater quantity and improve water quality. | ||
Rain tank/cistern | Capture and store stormwater runoff to be used for irrigation systems or filtered and reused for noncontact activities. | ||
Porous pavement | Pervious types of pavements that provide an alternative to conventional paved surfaces, designed to infiltrate rainfall through the surface, thereby reducing stormwater runoff from a site and providing some pollutant uptake in the underlying soils. |
C.
Stormwater management practices acceptable for water quality.
Group | Practice | Description | |
|---|---|---|---|
Pond | Micropool extended detention pond (P-1) | Pond that treats the majority of the water quality volume through extended detention, and incorporates a micropool at the outlet of the pond to prevent sediment resuspension | |
Wet Pond (P-2) | Pond that provides storage for the entire water quality volume in the permanent pool | ||
Wet extended detention pond (P-3) | Pond that treats a portion of the water quality volume by detaining storm flows above a permanent pool for a specified minimum detention time | ||
Multiple pond system (P-4) | A group of ponds that collectively treats the water quality volume | ||
Pocket pond (P-5) | A stormwater wetland design adapted for the treatment of runoff from small drainage areas that has little or no baseflow available to maintain water elevations and relies on groundwater to maintain a permanent pool | ||
Wetland | Shallow wetland (W-1) | A wetland that provides water quality treatment entirely in a shallow marsh | |
Extended detention wetland (W-2) | A wetland system that provides some fraction of the water quality volume by detaining storm flows above the marsh surface | ||
Pond/wetland system (W-3) | A wetland system that provides a portion of the water quality volume in the permanent pool of a wet pond that precedes the marsh for a specified minimum detention time | ||
Pocket wetland (W-4) | A shallow wetland design adapted for the treatment of runoff from small drainage areas that has variable water levels and relies on groundwater for its permanent pool | ||
Infiltration | Infiltration trench (I-1) | An infiltration practice that stores the water quality volume in the void spaces of a gravel trench before it is infiltrated into the ground | |
Infiltration basin (I-2) | An infiltration practice that stores the water quality volume in a shallow depression before it is infiltrated into the ground | ||
Dry well (I-3) | An infiltration practice similar in design to the infiltration trench, and best suited for treatment of rooftop runoff | ||
Filtering practices | Surface sand filter (F-1) | A filtering practice that treats stormwater by settling out larger particles in a sediment chamber, and then filtering stormwater through a sand matrix | |
Underground sand filter (F-2) | A filtering practice that treats stormwater as it flows through underground settling and filtering chambers | ||
Perimeter sand filter (F-3) | A filter that incorporates a sediment chamber and filter bed as parallel vaults adjacent to a parking lot | ||
Organic filter (F-4) | A filtering practice that uses an organic medium such as compost in the filter in place of sand | ||
Bioretention (F-5) | A shallow depression that treats stormwater as it flows through a soil matrix, and is returned to the storm drain system | ||
Open channels | Dry swale (O-1) | An open drainage channel or depression explicitly designed to detain and promote the filtration of stormwater runoff into the soil media | |
Wet swale (O-2) | An open drainage channel or depression designed to retain water or intercept groundwater for water quality treatment |
§ 224-170 Sample stormwater control facility maintenance agreement.
[Amended 1-19-2011 by L.L. No. 1-2011]
Whereas, the Village of Irvington ("Municipality") and the __________ ("facility owner") want to enter into an agreement to provide for the long term maintenance and continuation of stormwater control measures approved by the Municipality for the below named project, and | |
Whereas, the Municipality and the facility owner desire that the stormwater control measures be built in accordance with the approved project plans and thereafter be maintained, cleaned, repaired, replaced and continued in perpetuity in order to ensure optimum performance of the components. Therefore, the Municipality and the facility owner agree as follows: | |
1. | This agreement binds the Municipality and the facility owner, its successors and assigns, to the maintenance provisions depicted in the approved project plans which are attached as Schedule A of this agreement. |
2. | The facility owner shall maintain, clean, repair, replace and continue the stormwater control measures depicted in Schedule A as necessary to ensure optimum performance of the measures to design specifications. The stormwater control measures shall include, but shall not be limited to, the following: drainage ditches, swales, dry wells, infiltrators, drop inlets, pipes, culverts, soil absorption devices, stormwater ponds and wetlands, bioretention and rain gardens, tree boxes, green roofs, stormwater planters, rain tanks and cisterns, and porous pavement. |
3. | The facility owner shall be responsible for all expenses related to the maintenance of the stormwater control measures and shall establish a means for the collection and distribution of expenses among parties for any commonly owned facilities. |
4. | The facility owner shall provide for the periodic inspection of the stormwater control measures, at the frequency recommended in the Design Manual, to determine the condition and integrity of the measures. Such inspection shall be performed by a professional engineer licensed by the State of New York. The inspecting engineer shall prepare and submit to the municipality, within 30 days of the inspection, a written report of the findings, including recommendations for those actions necessary for the continuation of the stormwater control measures. |
5. | The facility owner shall not authorize, undertake or permit alteration, abandonment, modification or discontinuation of the stormwater control measures except in accordance with written approval of the Municipality. |
6. | The facility owner shall undertake necessary repairs and replacement of the stormwater control measures at the direction of the Municipality or in accordance with the recommendations of the inspecting engineer. |
7. | The facility owner shall provide to the Municipality within 30 days of the date of this agreement, a security for the maintenance and continuation of the stormwater control measures in the form of (a Bond, letter of credit or escrow account). |
8. | This agreement shall be recorded in the Office of the County Clerk, County of __________ together with the deed for the common property and shall be included in the offering plan and/or prospectus approved pursuant to __________ |
9. | If ever the Municipality determines that the facility owner has failed to construct or maintain the stormwater control measures in accordance with the project plan or has failed to undertake corrective action specified by the Municipality or by the inspecting engineer, the Municipality is authorized to undertake such steps as reasonably necessary for the preservation, continuation or maintenance of the stormwater control measures and to affix the expenses thereof as a lien against the property. |
10. | This agreement is effective __________. |
§ 224-171 Fees.
[Added 5-3-2010 by L.L.No. 5-2010[1]]
The Village is empowered to retain, at the applicant’s expense, any consultant or expert which, in the opinion of the Village, is reasonably necessary in its review of any application or enforcement of any approval or plan that may be covered by this article. The fees for such consultation shall be paid in accordance with the provisions of Chapter 160, Professional Fees.
§ 224-172 Severability; when effective.
A.
Severability. If the provisions of any article, section, subsection, paragraph, subdivision or clause of this article shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this article.
B.
Effective date. This article shall be effective upon filing with the office of the Secretary of State.