Upon presentation of proper credentials, duly
authorized representatives of New Hope Borough may enter at reasonable
times upon any property within New Hope Borough 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, New Hope Borough 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
New Hope Borough 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.
New Hope Borough 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
New Hope Borough.
A.
A set of design plans approved by New Hope Borough
shall be on file at the site throughout the duration of the construction
activity. Periodic inspections may be made by New Hope Borough or
its designee during construction.
B.
Adherence to approved plan. It shall be unlawful for any person, firm, or corporation to undertake any regulated activity under § 228-4 herein 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 applicant shall
comply with the following procedures:
(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, as required
by the Borough Engineer.
(3)
After receipt of the certification by New Hope Borough,
a final inspection shall be conducted by the Municipal Engineer or
designated representative to certify compliance with this chapter.
D.
Suspension and revocation of permits.
(1)
Any permit issued under this chapter may be suspended
or revoked by the Borough Manager as the designated representative
of New Hope Borough for 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 that constitutes or
creates a hazard, nuisance, or pollution or which endangers the life
or property of others.
(2)
A permit initially suspended or revoked by the Borough
Manager shall be reinstated by the Borough Manager or the New Hope
Borough Council as follows:
(a)
The Borough Manager is satisfied, after consultation
with the Borough Engineer, that the Borough 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 Borough Manager is satisfied that the violation
of the ordinance, law, or rule and regulation has been corrected.
(c)
Subsequent to revocation or suspension of a
permit applicant may request in writing that the New Hope Borough
Council schedule a hearing at a regularly scheduled Council meeting
to discuss the noncompliance. Said written request for hearing shall
be served upon the Borough at least six days before the next scheduled
Council meeting.
(d)
A permit that has been revoked by the New Hope
Borough Council after hearing cannot be reinstated. The applicant
may apply for a new permit under the procedures outlined in this chapter.
E.
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 applicant
for all subdivisions and land development in New Hope Borough.
A.
Anyone violating the provisions of this chapter shall
be subject to a fine of not more than $600 for each violation, recoverable
with costs, or imprisonment of not more than 30 days, or both. Each
day that the violation continues shall be a separate offense.
B.
In addition, New Hope Borough, through its Solicitor
may institute injunctive, mandamus, or any other appropriate action
or proceeding at law or in equity for the enforcement of this chapter.
Any court of competent jurisdiction shall have the right to issue
restraining orders, temporary or permanent injunctions, mandamus,
or other appropriate forms of remedy or relief.
A.
Any person aggrieved by any action of New Hope Borough
or its designee may appeal to New Hope Borough Council or the Zoning
Hearing Board, as applicable, within 30 days of that action.
B.
Any person aggrieved by any decision of New Hope Borough
Council or the Zoning Hearing Board may appeal to the County Court
of Common Pleas of Bucks County within 30 days of the municipal decision.
[Amended 6-13-2007 by Ord. No. 2007-08]
