(A) The town, through the Town Engineer or other agent, shall periodically inspect the land disturbing activity to ensure compliance with the approved plan, and to determine whether the measures required in that plan are effective in controlling erosion and sediment resulting from the land disturbing activity. For purposes of this section, the word PERIODICALLY means during or immediately following initial installation of erosion and sediment controls, at least once in every two-week period, within 48 hours following any runoff producing storm event, and at the completion of the project prior to the release of any performance bonds. The right of entry to conduct such inspections shall be expressly reserved in the permit. The owner, permittee, or person responsible for carrying out the plan shall be given notice of the inspection. If the town, through the Town Engineer, finds that the permit holder has failed to comply with the plan, the town shall immediately serve a notice to comply upon the permit holder by registered or certified mail, at the address to be specified by the permit holder in his or her permit application. Such notice shall set forth specifically the measures necessary to comply with such plan. If no action is taken within the time specified in the letter, the town shall prepare a letter of intent to use the escrow account to correct the deficiency. This letter will be cleared by the Town Attorney and sent by registered mail to the owner, builder, or developer, with a copy to the escrow agent. The town will undertake the work, and the applicable account shall then be reimbursed from the escrow account. The owner, builder, or developer shall then be obligated to replenish the escrow account within ten days of the expenditure. Failure to do so will constitute a violation of this chapter. In addition, if the owner, builder, or developer fails to act within the specified time, the permit may be revoked; furthermore, the permittee or person responsible for carrying out the plan shall be deemed to be in violation of this chapter; and, upon conviction, shall be subject to the penalties provided by this chapter. Upon issuance of the letter of intent, the town and the Building/Code Official shall withhold all future permits until such violation is corrected.
(B) With respect to approved plans for erosion and sediment control in connection with all regulated land disturbing activities that require no permit, the town may require of the person responsible for carrying out the plan such monitoring and reports, and may make such on-site inspections, after notice to that person, as are deemed necessary to determine whether the soil erosion and sediment control has been performed, and whether such measures are effective in controlling soil erosion and sediment resulting from the land disturbing activity. The owner, permittee, or person responsible for carrying out the plan shall be given notice of the inspection. If it is determined that there is a failure to comply with the approved plan, the town shall serve notice of such failure upon the person who is responsible for carrying out the plan, at the address specified by him or her in his or her certification, at the time of obtaining his or her approved plan. Such notice shall set forth the measures necessary for compliance
and the time within which such measures shall be completed. Upon failure of such person to comply within the specified period, he or she will be deemed to be in violation of this chapter and, upon conviction, shall be subject to the penalties provided for by this chapter.
(C) After land clearing operations have begun, no area shall be denuded for more than 30 days unless authorized by the town. All trenches for storm sewer, electric power, telephone, water, and gas lines are to be back-filled, compacted, seeded, and mulched within seven days after installation.
(D) For projects involving more than two acres of land disturbance, permit holders will be required to file periodic reports to document monitoring and compliance with the approved plan. Such reports shall be in a form approved by the Town Engineer and shall be certified by a registered professional engineer.
(E) (1) Upon determination of a violation of this chapter, the Mayor or Town Engineer may, in conjunction with or subsequent to a notice to comply as specified in this chapter, issue an order requiring that all or part of the land disturbing activities permitted on the site be stopped until the specified corrective measures have been taken.
(2) If land disturbing activities have commenced without an approved plan, the Mayor or Town Engineer may, in conjunction with or subsequent to a notice to comply as specified in this chapter, issue an order requiring that all of the land disturbing activities be stopped until an approved plan or any required permits are obtained.
(3) Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the state, or where the land disturbing activities have commenced without an approved plan or any required permits, such an order may be issued without regard to whether the permittee has been issued a notice to comply as specified in this chapter. Otherwise, such an order may be issued only after the permittee has failed to comply with such a notice to comply. The order shall be served in the same manner as a notice to comply, and shall remain in effect for a period of seven days from the date of service pending application by the enforcing authority or permit holder for appropriate relief to the Circuit Court.
(4) If the alleged violator has not obtained an approved plan or any required permits within seven days from the date of service of the order, the Mayor or Town Engineer may issue an order to the owner requiring that all construction and other work on the site, other than corrective measures, be stopped until an approved plan and any required permits have been obtained. Such an order shall be served upon the owner by registered or certified mail to the address specified in the permit application or the land records of the town.
(5) The owner may appeal the issuance of an order to the Circuit Court.
(6) Any person violating or failing, neglecting, or refusing to obey an order issued by the Mayor or Town Engineer may be compelled in a proceeding instituted in the Circuit Court to obey same and to comply therewith by injunction, mandamus, or other appropriate remedy. Upon completion and approval of corrective action or obtaining an approved plan or any required permits, the order shall immediately be lifted.
(7) Nothing in this section shall prevent the Mayor or Town Engineer from taking any other action authorized by this chapter.
(1998 Code, § 18-40) (Ord. O-2006-10, passed 11-14-2006) Penalty, see § 152.99