The maintenance agreement and application form provide for right
of entry upon presentation of proper credentials by duly authorized
representatives of the Township to inspect the condition of the stormwater
structures and facilities in regard to any aspect regulated by this
chapter.
In the event that a person fails to comply with the requirements
of this chapter, or fails to conform to the requirements of any permit
issued hereunder, the Township shall provide written notification
of the violation. Such notification shall set forth the nature of
the violation(s) and establish a time limit for correction of these
violation(s). Failure to comply within the time specified shall subject
such person to the penalty provisions of this chapter. All such penalties
shall be deemed cumulative and shall not prevent the municipality
from pursuing any and all remedies. It shall be the responsibility
of the applicant of the real property on which any regulated activity
is proposed to occur, is occurring, or has occurred, to comply with
the terms and conditions of this chapter.
The Coolbaugh Township Board of Supervisors is hereby authorized
and directed to enforce all of the provisions of this chapter. All
inspections regarding compliance with the drainage plan shall be the
conducted by the Township Engineer or other qualified persons designated
by the Township.
A. Design plans. A set of design plans approved by the Township shall
be on file at the site throughout the duration of the construction
activity. Periodic inspections may be made by the Township or designee
during construction.
B. Adherence to approved plan. It shall be unlawful for any person, firm or corporation to undertake any regulated activity under §
344-8 on any property except as provided for in the approved drainage plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any control structure required by the drainage plan pursuant to this chapter or to allow the property to remain in a condition which does not conform to the approved drainage plan.
C. Hearing. Prior to revocation or suspension of a permit and at the
request of the applicant, the governing body will give notice to the
applicant and will schedule a hearing to discuss the applicant's noncompliance,
unless there is immediate danger to life, public health or property.
Such hearing shall be held before the governing body in accordance
with the Pennsylvania Local Agency Law.
D. Suspension and revocation of permits.
(1) Any permit issued by the Township may be suspended or revoked for
any of the following reasons:
(a)
Noncompliance with or failure to implement any provision of
the permit.
(b)
A violation of any provision of this chapter or any other applicable
law, ordinance, rule or regulation relating to the project.
(c)
The creation of any condition or the commission of any act during
construction or development which constitutes or creates a hazard
or nuisance, pollution or which endangers the life or property of
others.
(2) A suspended permit shall be reinstated by the Board of Supervisors
when:
(a)
The Township Engineer or Township designee has inspected and
approved the corrections to the stormwater management and erosion
and sediment pollution control measure(s), or the elimination of the
hazard or nuisance; and/or
(b)
The Board of Supervisors is satisfied that the violation of
the ordinance, law, or rule and regulation has been corrected.
(3) A permit that has been revoked cannot be reinstated. The applicant
may apply for a new permit under the procedures outlined in this chapter.
E. Occupancy permit. The Township shall not issue a certificate of zoning compliance unless the certification of completion pursuant to §
344-30C has been approved by the Township.