§ 7-1. Title.

The provisions of this chapter shall constitute and be known as the "Electrical Code of the Village of Tuckahoe," and may be cited as such. (Ord. of 3-31-1933)

§ 7-2. Application of chapter.

This chapter shall apply to the territory of the Village of Tuckahoe. (Ord. of 3-31-1933, Art. I)

§ 7-3. Purpose.

The purpose of this chapter is to safeguard life and property by regulating the manner of construction, alteration, removal and inspection of all electrical work in existing or proposed buildings and structures and the materials to be used therefor, and prohibiting any construction, alteration or removal, or the use of any materials which do not comply with such regulations and providing for the registration of electrical contractors and giving to the Building Inspector of the Village of Tuckahoe the authority and power to enforce this chapter. (Ord. of 3-31-1933, Art. II)

§ 7-4. National Electrical Code adopted.

All electrical installations mentioned in this chapter shall be made in conformity with the requirements of the National Electrical Code, 1978 Edition, as promulgated by the National Fire Protection Association (also known as NFPA No. 70-1978; ANSI C1-1978), except where the provisions of this chapter or any other local law, ordinance or building code of the village shall differently prescribe, in which event compliance with the provisions of such local law, ordinance or building code shall be recognized as proper compliance with this chapter. (Ord. of 10-4-1971; L.L. No. 1-1980)

§ 7-5. Permit.

(a) No wiring device or equipment for the transmission, distribution or utilization of electrical energy or light, power and/or heat shall be installed in or on any building or structure nor shall any alteration or addition be made in any such existing wiring devices or equipment without first securing a permit therefor from the Building Inspector except as follows:

(1) No permit shall be required for minor repair work, such as repairing flush or snap switches, replacing fuses, changing lamp sockets and receptacles, taping bare joints and repairing drop cords or the connection of portable devices to suitable receptacles which have been permanently installed.

(2) No permit shall be required for maintenance and repair work or for the installation of electrical wiring devices or equipment to be installed in the premises of a person, firm or corporation regularly employing one (1) or more journeymen electricians for that purpose.

(3) No permit shall be required for the installation of electrical wiring devices or equipment to be installed by or for a public utilities corporation or for the use of such corporation in the generation, transmission, sale or use of electrical energy or for the use of such corporation in the transmission of intelligence.

(b) Application for such permit describing the work to be done shall be made in writing to the Building Inspector by the person, firm or corporation installing the work, and the permit when issued shall be to such applicant.

(c) No permit for the installation or alteration of any electrical wiring, devices or equipment shall be issued to any person, firm or corporation unless such person, firm or corporation is the holder of a certificate of registration as an electrical contractor entitling such person, firm or corporation to secure permits for and execute the work described in the application for the permit. (Ord. of 3-31-1933, Art. IV)

§ 7-6. (Reserved)

§ 7-7. Enforcement; right of entry.

(a) This chapter shall be enforced by the Building Inspector of the Village of Tuckahoe. He shall, upon application, grant permits for the installation of electrical wiring and equipment and shall make inspections of all new installations and reinspections of all electrical installations all as provided in this chapter. He shall keep complete records of all permits issued and inspections made and other official work performed under the provisions of this chapter.

(b) The Building Inspector is hereby empowered to engage the services of electrical inspection companies or firms that are properly licensed, accredited, bonded and insured in accordance with industry standards. Provided an electrical inspection company or firm is properly licensed, accredited, bonded and insured in accordance with industry standards and is in good standing with the Village and such other agencies having jurisdiction thereof, the Building Inspector shall not disqualify such company or firm from providing electrical inspection services within the Village of Tuckahoe. It shall be the duty and obligation of such electrical inspection company or firm desiring to provide electrical inspection services within the Village to reasonably evidence to the Building Inspector that the individual or individuals that are actually performing such inspections are properly licensed and accredited and have such other qualifications that the Building Inspector may reasonably require. In the event that the Building Inspector disqualifies an electrical inspection company or firm from providing electrical inspection services within the Village, such company or firm shall have the right to appeal the decision of the Building Inspector to the Village Board of Trustees within 30 days of the Building Inspector's disqualification of such company or firm. The decision of the Board of Trustees shall be deemed final and binding.

(c) It shall be unlawful for the Building Inspector or any of his employees to engage in the business of the sale, installation or maintenance of electrical wiring, electrical devices or electrical equipment either directly or indirectly and he shall have no financial interest in any concern engaged in any such business in the Village of Tuckahoe or elsewhere at any time while holding the office of Building Inspector.

(d) The Building Inspector or the Code Enforcement Officer shall have the right during reasonable hours to enter any building in the discharge of his official duties or for the purpose of making any inspection or test of the installation of electrical wiring, electrical material or apparatus, fixtures or appliances contained therein and shall have the authority to cause the turning off or disconnecting from the source of supply of all electric currents and to cut or disconnect in cases of emergency any wire where such electrical currents are dangerous to life or property or may interfere with the work of the Fire Department until such wiring devices and equipment and their installation have been made safe as directed by him. (Ord. of 3-31-1933, Art. VI; L.L. No. 12-2007, § 2)

§ 7-8. Inspection and certificates.

(a) Upon the completion of the installation of the electrical wiring, devices and equipment which have been authorized by issuance of a permit, it shall be the duty of the person, firm or corporation installing the same to notify the Building Inspector of the completion of such work, and the person, firm or corporation installing the same shall select an electrical inspection company engaged and authorized to provide electrical inspection services within the Village, and said electrical inspection company or firm shall inspect the installation promptly after such notice is given, and if it is found to be fully in compliance with the provisions of this chapter, such electrical inspection company shall endorse on the countersign a certificate of completion or such other certificate on forms provided and approved by the Building Inspector, and the Building Inspector shall issue to such person, firm or corporation this certificate as a final approval authorizing connection to the electrical service and the turning on of the current and the use of the installation and shall send written notice of the authorization to the public utility corporation furnishing the electrical service. When a certificate is issued authorizing the connection and the use of temporary work, such a certificate shall be issued to expire at a stated time and shall be revocable by the Building Inspector at his discretion. A preliminary certificate may be issued authorizing the connection and use of certain specified portions of an uncompleted installation; such a preliminary certificate shall be revocable at the discretion of the Building Inspector.

(b) If upon the inspection of the installation it is not found to be fully in compliance with this chapter, the Building Inspector shall at once forward to the person, firm or corporation installing the wiring a written notice stating the defects which have been found to exist. When any part of a wiring installation is to be hidden from view by the permanent placement of parts of the building, the person, firm or corporation installing the wiring shall notify the Building Inspector and such parts of the wiring installation shall not be concealed until they have been inspected or until 24 hours, exclusive of Sundays and legal holidays, shall have elapsed from the time of such notification, provided that, on large installations where the concealment of parts of the wiring proceeds continuously, the person, firm or corporation installing the wiring shall give the Building Inspector due notice and inspections shall be made periodically during the process of the work. (Ord. of 3-31-1933, Art. VII; L.L. No. 12-2007, § 2)

§ 7-9. Connection to installations; certificate of approval.

(a) It shall be unlawful for any person, firm or corporation to make connection from a source of electrical energy to any electrical wiring devices or equipment for the installation of which a permit is required until a certificate of approval had been issued by the Building Inspector authorizing such connection and the use of such wiring devices or equipment.

(b )It shall be unlawful for any person, firm or corporation to make connection from a source of electrical energy to any electrical devices or wiring or equipment which has been disconnected or ordered to be disconnected by the Building Inspector or the use of which has been ordered by the Building Inspector to be discontinued until a certificate of approval has been issued by him authorizing the reconnection and use of such wiring, devices or equipment. (Ord. of 3-31-1933, Art. VIII)

§ 7-10. Approved methods.

No certificate of approval shall be issued unless the electric light, power and/or heating installations are in strict conformity with the provisions of this chapter, the statutes of the State of New York, the rules and regulations issued by the Industrial Commission of New York under authority of the state statutes and unless they are in conformity with approved methods of construction for safety to life and property. The regulations as laid down in the current issue of the National Electrical Code as approved by the American Standards Association and other installation and safety regulations approved by the American Standards Association shall be prima facie evidence of such approved methods unless otherwise specifically stated herein. (Ord. of 3-31-1933, Art. IX)

§ 7-11. Electrical contractors.

(a) Definition. The term "electrical contractor" as used in this chapter means any person, firm or corporation engaged in the business of installing or altering by contract, electrical wiring, devices or equipment for the utilization of electricity supplied for light, heat or power not including the installation of electrical wiring, devices or equipment by or for a public utility corporation for use in their operations as public utilities, but the term "electrical contractor" does not include employees employed by such contractor to do or supervise such work.

(b) Registration. It shall be unlawful for any person, firm or corporation to engage in the business of electrical contractor as herein defined without being registered as an electrical contractor in the manner hereinafter set forth.

(c) Permit. No permit for the installation or alteration of any electrical wiring, devices or equipment shall be issued to any person, firm or corporation unless such person, firm or corporation is the holder of a certificate of registration as an electrical contractor.

(d) Application. Any person, firm or corporation desiring to engage in the business of electrical contractor shall apply for registration to the Board of Examiners. Application for such registration shall be made in writing under oath upon a form to be provided by the Building Inspector stating the name and place of the business of the person, firm or corporation making the application and the name of the representative of the applicant who will act as supervisor of the work to be done under the certificate of registration and such other information as the Building Inspector may require. Such electrical contractor or supervisor will be responsible for the execution of all electrical work by the electrical contractor in accordance with the provisions of this chapter.

In the event that the business association or employment of a supervisor with a holder of a certificate of registration as electrical contractor shall terminate, said certificate shall become null and void 30 days after such termination; provided, however, that without payment of any further fee, said certificate of registration shall be renewed upon application to the Building Inspector within the thirty-days period and upon filing with the Building Inspector the name of another duly qualified master electrician associated with or employed by said contractor who shall act as supervisor of the work of said electrical contractor.

(e) Registration of applicant. Upon the filing of such application in the proper form, the payment of the registration fees as fixed herein and the satisfactory examination of the applicant, the Board of Examiners shall submit to the Building Inspector a written report appertaining to the qualifications of the applicant with its recommendations in favor of or rejection of the registering of the applicant. The Building Inspector may then approve or reject the said application. Upon his approval of the application, the Building Inspector shall issue to the applicant a certificate of registration as an electrical contractor which will authorize the applicant to engage in such business for the year in which it is issued. The Building Inspector shall keep a suitable record of such registration.

(f) Fees. The fee for registration as an electrical contractor shall be paid to the Building Inspector at the time of making the application. The application fee is to cover the expense of conducting the examination and will be retained whether or not a certificate is granted. The license or certificate of registration issued thereunder shall expire on the 31st day of December of the year in which it is issued but may be renewed for each succeeding year upon the payment of a license renewal fee, provided that said renewal is filed on or before the above expiration date, or the license will be revoked. Fees in the following categories may be established by the Board of Trustees by resolution adopted at a scheduled public meeting of the Board of Trustees:

(1) New license application.

(2) License renewal.

(3) Reciprocal license.

(4) Certified copy, per copy.

(5) New electrical construction, repairs and alterations based upon cost of work.

A list of such fees shall be maintained by the Village Clerk and Building Department and posted in the Building Department.

(g) License or registration from other municipality. An electrical contractor who is a bona fide holder of a license duly issued to him by some other town or municipality of the State of New York shall be entitled to a permit license or registration, provided that such other town or municipality required said electrical contractor to take and pass an examination testing his ability, qualifications and knowledge of electrical work or where such license was issued to him by such other town or municipality upon his furnishing proof that he had been engaged in the electrical business for a period of not less than five years previous to the issuance of such license and upon the payment of a fee set forth in § 7-11(f), provided that the municipality issuing his license recognizes in a reciprocal manner licenses issued by the Building Inspector of the Village of Tuckahoe, and further provided that such electrical contractor shall be subject to all provisions of this chapter.

(h) Notice of change of address. Whenever an electrical contractor shall retire from business or remove his place of business from the place named in his application for a permit, the Building Inspector shall be notified of such retirement or removal and shall be given the address of the new place of business in case of removal.

(i) License restricted to individual. No electrical contractor shall directly or indirectly allow his license to be used in connection with work not actually done by him and under his supervision.

(j) Revocation of license. Whenever the Building Inspector recommends in writing the revocation of a license issued to an electrical contractor pursuant to this chapter, stating therein the grounds wherein such recommendation is made, the Village Board may revoke such license, by notice in writing, if it shall appear to its satisfaction, upon the recommendations of the Building Inspector of the Village of Tuckahoe, that such electrical contractor has violated any of the provisions of this chapter or any ordinance of the Village of Tuckahoe or the laws of the State of New York or if it appears that the holder of such a license is incompetent to comply with the provisions of this chapter.

(k) Certificate of insurance. A certificate of insurance must be filed annually with the Building Department of the Village of Tuckahoe. (Ord. of 3-31-1933, Art. X; Ord. of 5-28-1934; Ord. of 10-4-1971; L.L. No. 2-1977; L.L. No. 4-1986, §< § 5 - 8; L.L. No. 5-1991, § §4, 5; L.L. No. 2-1995, § § 6, 7)

§ 7-12. Liability for damages.

This chapter shall not be construed to relieve from or lessen the responsibility or liability of any person owning, operating or controlling or installing any electrical wiring, electrical devices and/or equipment for damages to persons or property caused by any defect therein nor shall the village be held as assuming any such liability by reasons of the inspection authorized herein or certificate of approval issued as herein provided. (Ord. of 3-31-1933, Art. XI)

§ 7-13. Unlawful use.

No person shall use or permit the use of any wiring, devices or equipment installed or maintained in violation of any of the provisions of this chapter. (Ord. of 3-31-1933, Art. XII)

§ 7-14. Penalties.

Any person, firm or corporation who shall fail to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, be subject to a penalty as prescribed in § 1-7 for each offense and, in addition thereto, such violation shall constitute disorderly conduct and any person committing such violation shall be a disorderly person, and if such person, firm or corporation is registered as an electrical contractor, as provided for in this chapter, such registration may be revoked by the Village Board. Each and every day that such violation continues shall constitute a separate offense. (Ord. of 3-31-1933, Art. XIII)

Chapter 7 1/2, ENVIRONMENTAL CONSERVATION

Chapter 7B, EROSION AND SEDIMENT CONTROL (L.L. No. 2-2007, Arts. 1 and 5EN)

§ 7B-1. Findings of fact. It is hereby determined that:

(a) Land development activities 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 siltation of 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.

(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 baseflow.

(f) Substantial economic losses can result from these adverse impacts on the waters of the municipality. (g) Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities. (h) The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety. (i) Regulation of land 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.

§ 7B-2. Purpose. The purpose of this chapter and Appendix A, Zoning, Article XII, Stormwater Control 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 in § 7B-1 hereof. This chapter and Appendix A, Zoning, Article XII, Stormwater Control, seeks to meet those purposes by achieving the following objectives:

(a) Meet the requirements of minimum measures 4 and 5 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 land development activities to conform to the substantive requirements of the NYS 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 land development activities in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion and maintain the integrity of stream channels;

(d) Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;

(e) Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and

(f) Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety.

§ 7B-3. Statutory authority. In accordance with Article 10 of the Municipal Home Rule Law of the State of New York, the Village Board has the authority to enact local laws and amend local laws for the purpose of promoting the health, safety or general welfare of the Village and for the protection and enhancement of its physical environment. The Village Board may include in any such local law provisions for the appointment of any municipal officer, employees, or independent contractor to effectuate, administer and enforce such local law.

§ 7B-4. Applicability.

(a) This chapter and Appendix A, Zoning, Article XII, Stormwater Control shall be applicable to all land development activities as defined in Appendix A, Zoning, § 12-1.

(b) The municipality shall designate a Stormwater Management Officer, who shall accept and review all stormwater pollution prevention plans and forward such plans to the applicable municipal board. The Stormwater Management Officer may:

(1) Review the plans; or

(2) Upon approval by the Village Board, engage the services of a registered professional engineer to review the plans, specifications and related documents at a cost not to exceed a fee schedule established by said governing board.

(c) All land development activities subject to review and approval by the Village under subdivision, site plan, and/or special permit regulations shall be reviewed subject to the standards contained in this chapter and Appendix A, Zoning, Article XII, Stormwater Control, and Appendix A, §

§ 7-1.3(f) and 7-3.

(d) All land development activities not subject to review as stated in Subsection (c) hereinabove in this section shall be required to submit a stormwater pollution prevention plan (SWPPP) to the Stormwater Management Officer, who shall approve the SWPPP if it complies with the requirements of this chapter and Appendix A, Zoning, Article XII, Stormwater Control.

§ 7B-5. Exemptions. The following activities may be exempt from review under this chapter and Appendix A, Zoning, Article XII, Stormwater Control:

(a) Agricultural activity as defined in Appendix A, Zoning, § 12-1.

(b) Silvicultural activity, except that landing areas and log haul roads are subject to this chapter and Appendix A, Zoning, Article XII, Stormwater Control.

(c) Routine maintenance activities that disturb fewer than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.

(d) Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer.

(e) Any part of a subdivision if a plat for the subdivision has been approved by the Village on or before the effective date of this chapter and Appendix A, Zoning, Article XII, Stormwater Control.

(f) Land development activities for which a building permit has been approved on or before the effective date of this chapter and Appendix A, Zoning, Article XII, Stormwater Control.

(g) Cemetery graves.

(h) Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.

(i) Emergency activity immediately necessary to protect life, property or natural resources.

(j) Activities of an individual engaging in home gardening by growing flowers, vegetable and other plants primarily for use by that person and his or her family.

(k) Landscaping and horticultural activities in connection with an existing structure.

§ 7B-6. Construction inspection.

(a) Erosion and sediment control inspection.

(1) The Village Stormwater Management Officer may require such inspections as are necessary to determine compliance with this chapter and Appendix A, Zoning, Article XII, Stormwater Control, 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 chapter and Appendix A, Zoning, Article XII, Stormwater Control, and the stormwater pollution prevention plan (SWPPP) as approved. The Stormwater Management Officer may (1) conduct the inspection, or (2) upon approval of the Board of Trustees of the Village, engage the services of a registered engineer to conduct the inspection at a cost not to exceed a fee schedule established by the governing board. To obtain inspections, the applicant shall notify the Village enforcement official at least 48 hours before any of the following as required by the Stormwater Management Officer:

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.

(2) Successful establishment of landscaping in public areas. 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, except for site stabilization, until any violations are corrected and all work previously completed has received approval by the Stormwater Management Officer.

(b) Stormwater management practice inspections. The Village Stormwater Management Officer is responsible for conducting inspections of stormwater management practices (SMPs). All applicants 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 facilities and must be certified by a professional engineer.

(c) 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.

(d) Submission of reports. The Village Stormwater Management Officer may require monitoring and reporting from entities subject to this chapter and Appendix A, Zoning, Article XII, Stormwater Control, as are necessary to determine compliance with this chapter and Appendix A, Zoning, Article XII, Stormwater Control.

(e) 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 Village the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection (c).

§ 7B-7. Performance guarantee.

(a) 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 Village in its approval of the stormwater pollution prevention plan, the Village 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 Village as beneficiary. The security shall be in an amount to be determined by the Village 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 Village, 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) has 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 Village. 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 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 Village 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 Village may draw upon the account to cover the costs of proper operation maintenance, including engineering and inspection costs.

(c) Recordkeeping. The Village may require applicants subject to this chapter and Appendix A, Zoning, Article XII, Stormwater Control to maintain records demonstrating compliance with this chapter and Appendix A, Zoning, Article XII, Stormwater Control.

§ 7B-8. Enforcement; penalties for offenses.

(a) Notice of violation. When the Village determines that a land development activity is not being carried out in accordance with the requirements of this chapter and Appendix A, Zoning, Article XII, Stormwater Control, it may issue a written notice of violation to the landowner. 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 land development activity into compliance with this chapter and Appendix A, Zoning, Article XII, Stormwater Control, 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 municipality by filing a written notice of appeal within 15 days of service of the notice of violation.

(b) Stop-work orders. The Village may issue a stop-work order for violations of this chapter and Appendix A, Zoning, Article XII, Stormwater Control. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Village confirms that the land development activity 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 chapter and Appendix A, Zoning, Article XII, Stormwater Control.

(c) Violations. Any land development activity that is commenced or is conducted contrary to this chapter and Appendix A, Zoning, Article XII, Stormwater Control, may be restrained by injunction or otherwise abated in a manner provided by law.

(d) Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this chapter and Appendix A, Zoning, Article XII, Stormwater Control, shall be guilty of a violation punishable by a fine not exceeding $350 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 of not less than $350 nor more than $700 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 of not less than $700 nor more than $1,000 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 chapter and Appendix A, Zoning, Article XII, Stormwater Control, 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.

(e) Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this chapter and Appendix A, Zoning, Article XII, Stormwater Control, the Stormwater Management Officer may 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 a reasonable time after notice, the Village may take necessary corrective action, the cost of which shall become a lien upon the property until paid.

§ 7B-9. Fees for services.

The Village may require any person undertaking land development activities regulated by this chapter and Appendix A, Zoning, Article XII, Stormwater Control, to pay reasonable costs at prevailing rates for review of SWPPPs, inspections or SMP maintenance performed by the Village or performed by a third party for the Village.