(a) Performance Liability. No provision of this chapter shall limit, increase or otherwise affect the liabilities of the applicant nor impose any liability upon City not otherwise imposed by law.
(b) No Release from Other Requirements. No condition of this permit shall release the applicant from any responsibility or requirements under other Federal, State, or local environmental regulations. If requirements vary, the most restrictive requirement shall prevail.
(c) Proceeding with Activity. Soil-disturbing activities regulated under this regulation shall not begin until all necessary State and Federal permits and appropriate approvals of Site Development Plans or Storm Water Management Plans have been granted to the site owner/applicant.
(d) Performance Responsibility. The applicant is responsible for carrying out all provisions of the approved Site Development Plan or SMP and for meeting all the standards and requirements of this regulation.
(e) Enforcement.
(1) All development sites are subject to inspections by the Director of Public Service to ensure compliance with the approved Site Development Plan or SMP.
(2) If it is found that the operations are being conducted in violation of the approved Site Development Plan and Storm Water Management Plan, remedial actions and a time frame for compliance will be defined by the Director of Public Service. If compliance is not gained, a stop-work order may be issued until the identified violations cease.
(3) After the issuance of a stop-work order provided for in subsection (b) hereof, but before the imposition of any fines, the applicant shall have the opportunity to request a hearing before the Director of Public Service to show cause why work should not be stopped. A hearing shall be scheduled at the time that a request for such a hearing is made to the Director of Public Service.
(4) Following the issuance of a stop-work order, the Director of Public Service shall determine if and when the development may proceed. Any determination by the Director of Public Service pursuant to this section is a final order for purposes of judicial review.
(f) Penalties Subsequent to Issuance of Stop-Work Order.
(1) Subsequent to the issuance of a stop-work order, one or more of the following penalties may be imposed.
A. If the earth-disturbing activity involves a subdivision, the applicable penalties (including fines) provided for in the Subdivision Regulations of the City of Vandalia shall apply.
B. The Director of Public Service may request the legal representative of the City to seek an injunction or other appropriate relief to abate excessive erosion or sedimentation and secure compliance with this chapter. In granting such relief, the court may order the construction of sediment control improvements and/or the implementation of other control measures and/or fines as identified in subsection (j) hereof or any other relief the court determines.
(g) Internal Inspections.
(1) All controls on the site shall be inspected by the owner or his representative at least once every seven calendar days and within twenty-four hours after any storm event greater than one-half inch of rain per twenty-four-hour period. The site owner and/or applicant shall assign qualified inspection personnel experienced in the installation and maintenance of erosion and runoff controls to conduct these inspections to ensure that all storm water control practices are functional, that all provisions of the SMP and this regulation are being met, and whether additional control measures are required.
(2) The site owner shall maintain for three years following the final stabilization of the site a record summarizing inspections, names(s) and qualifications of personnel making the inspections, the date(s) of inspections, major observations relating to the implementation of the SMP and a certification as to whether the site in compliance with the SMP and identify any incidents of non-compliance.
(h) Ownership and Maintenance of Storm Water Facilities During and after Construction.
(1) In cases where storm water control facilities are constructed on single private properties, all current and subsequent owners of the land shall be required to maintain said facilities to the satisfaction of the City Engineer.
(2) In the case of subdivisions, inspection and maintenance requirements shall be as recorded by plat binding maintenance responsibilities to the owner of property on which the facility is located or to a homeowner's association.
(3) All inspection and maintenance restrictions shall do the following:
A. Designate the party(ies) responsible for the maintenance of all storm water management facilities including repair of eroded areas, removal of trees within the impoundment area, mowing, landscaping, debris pick-up, and to ensure all inlet and outlet structures are free of obstructions and in good repair.
B. For subdivisions, unless otherwise approved by the Director of Public Service, storm water management facilities shall be an entity of common ownership (e.g. Land/Homeowner's Association) within the proposed subdivision. Each parcel sold in the proposed subdivision shall require continued membership in the Land/Homeowner's Association.
C. Prohibit unauthorized alterations of all storm water management facilities.
D. Provide adequate access to all storm water management facilities for inspection by the Director of Public Service and corrective actions by the owner.
(4) All storm water management facility easements shall be on the final plat, prior to approval by the City, and a reference shall be made to the entity or individual(s) responsible for their maintenance.
(5) The owner/developer shall submit two sets of as-builts of all storm water facilities and improvements to the City.
(6) The following conditions shall apply to all drainage easements:
A. Easements shall be approved by the Director of Public Service prior to approval of the final plat and shall be recorded with said plat.
B. Unless otherwise required by the Director of Public Service drainage easements shall be no less than twenty feet wide, plus the width of the storm water facility(ies).
C. Unless otherwise approved by the Director of Public Service, storm water management facilities, including basin, ponds or other retention/detention devices and implements, shall be on separate lots held and maintained by an entity of common ownership (Land/Homeowner's Association).
D. Those lots that contain and/or are crossed by a drainage easement shall have the following restriction - "Any lot area reserved for drainage purposes shall at all times be kept free of any obstructions to the flow of water. No improvements or modifications within the identified drainage easement area will be allowed without the approval of the Director of Public Service after consulting with City Engineer. Maintenance of the drainage easement area, storm water control facility(ies), and ditches shall be the responsibility of the owner(s) of the lot on which these facilities and/or ditches are located. In the event that proper maintenance is not performed, the City shall have the right to cause such maintenance activities and access the responsible party for all costs." Alternatively, a Homeowner's Association or similar organization could be given the responsibility of maintenance in lieu of the property owners.
(i) Violations. No person shall violate or cause or knowingly permit to be violated any of the provisions of this chapter, or fail to comply with any of its provisions or with any lawful requirements of any public authority made pursuant to it, or knowingly use or cause or permit the use of any lands in violation of this chapter or in violation of any approval permit granted under this chapter.
(j) (1) Violation of any provision of this or any amendment or supplement thereto, or failure to comply with any of the requirements herein shall constitute a misdemeanor. Any person or persons violating any of the provisions of this chapter shall upon conviction be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) or imprisoned for not more than thirty days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such a violation continues shall be considered a separate offense.
(2) Upon notice from the City that work is being done contrary to this chapter, such work shall immediately stop. Such notice shall be in writing and shall be given to the applicant, and shall state the conditions under which such work may resume; provided, however, in instances where immediate action is deemed necessary for the public safety or the public interest, the City's authorized agent may require that work be stopped upon verbal order pending issuance of the written order.
(3) The imposition of any other penalties provided herein shall not preclude the City, by or through its Law Director and/or any of its assistants, from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, ordinances, rules, or regulations, or the orders of the Director of Public Service.
(Ord. 04-17. Passed 9-20-04; Ord. 11-18. Passed 11-21-11; Ord. 16-06. Passed 5-2-16.)