Upon presentation of proper credentials, duly
authorized representatives of the municipality may enter at reasonable
times upon any property within the municipality 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 municipality 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 resort by the municipality
from pursuing any and all remedies. It shall be the responsibility
of the owner 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 municipal governing body 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
responsibility of the Municipal Engineer or other qualified persons
designated by the municipality.
A. A set of design plans approved by the municipality
shall be on file at the site throughout the duration of the construction
activity. Periodic inspections may be made by the municipality 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 §
166-4 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. At the completion of the project, and as a prerequisite
for the release of the performance guarantee, the owner or his representatives
shall:
(1) Provide a certification of completion from an engineer,
surveyor or other qualified person verifying that all permanent facilities
have been constructed according to the plans and specifications and
approved revisions thereto.
(2) Provide a set of as-built (record) drawings.
D. After receipt of the certification by the municipality,
a final inspection shall be conducted by the Municipal Engineer or
designated representative to certify compliance with this chapter.
E. Prior to revocation or suspension of a permit, the
governing body will schedule a hearing to discuss the noncompliance
if there is no immediate danger to life, public health or property.
F. Suspension and revocation of permits.
(1) Any building permit issued by the municipality may
be suspended or revoked by the governing body for:
(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 building permit shall be reinstated by
the governing body when:
(a)
The Municipal Engineer or his 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 governing body is satisfied that the violation
of the ordinance, law, or rule and regulation has been corrected.
(3) A permit that has been revoked by the governing body
cannot be reinstated. The applicant may apply for a new permit under
the procedures outlined in this chapter.
G. Occupancy permit. An occupancy permit shall not be
issued unless the certification of compliance has been secured. The
occupancy permit shall be required for each lot owner and/or developer
for all subdivisions and land development in the municipality.