It shall be unlawful for any person, firm or corporation to
undertake any earth-disturbing activity on any property except as
provided for in the stormwater management site plan approved pursuant
to this chapter. It shall also be unlawful to alter or remove any
control structure required by the stormwater management site plan
pursuant to this chapter or to allow the property to remain in a condition
which does not conform to the approved stormwater management site
plan.
The municipality is hereby authorized and directed to enforce all of the provisions of this chapter. It shall be unlawful for a person to undertake any regulated activity except as provided in an approved stormwater management site plan, unless specifically exempted in §
373-10.
A. All inspections regarding compliance with the stormwater management
site plan shall be the responsibility of the Township, its municipal
engineer or other person designated by the municipality.
(1) A set of design plans approved by the municipality shall be on file
at the site throughout the duration of the construction activity.
(2) During the construction of the development, the Township Engineer
or other authorized Township official may inspect the premises to
determine that the work is progressing in compliance with the information
provided on the approved stormwater management site plan and with
all applicable Township laws and ordinances.
(3) The cost for the conducting of plan reviews, inspections, and other
costs associated with the enforcement and administration of this chapter
by the Township Engineer or other authorized Township official shall
be borne by the applicant/developer in accordance with the schedule
of fees adopted by resolution of the Township Supervisors.
(4) In the event the Township's authorized staff representative(s) or
other authorized official discovers that the work does not comply
with the approved plan or any applicable laws and ordinances, the
Township shall suspend existing permits related to the development
until the required corrections have been made. Any portion of the
work which does not comply with the approved plan must be corrected
by the developer within 10 days. No work may proceed on any subsequent
phase of the stormwater management site plan, the subdivision or land
development, or the building construction, until the related zoning
permits have been reinstated.
(5) A suspended approval may be reinstated by the municipality when:
(a)
The municipality has inspected and approved the corrections
to the violations that caused the suspension.
(b)
The municipality is satisfied that the violation has been corrected.
(6) If at any stage of the work, the Township's authorized staff representative(s)
or authorized official determines that the site conditions are not
as stated or shown in the approved application, or that there has
been a false statement or misrepresentation by the developer, the
Township's authorized staff representative(s) or authorized official
may refuse to approve further work and the Township may revoke existing
permits until a revised plan is submitted and approved, as required
by this chapter.
(7) An approval that has been revoked by the municipality cannot be reinstated.
The applicant may apply for a new approval under the provisions of
this chapter.
(8) At the completion of the project, and as a prerequisite for the release
of the guarantee, the owner or his representative shall:
(a)
Provide a certificate of completion from an engineer, architect,
surveyor or other qualified person verifying that all permanent facilities
have been constructed according to the plans and specifications and
approved revisions thereto.
(b)
Provide a set of record drawings.
(c)
In the case of a stormwater management site plan that requires
an NPDES permit, evidence of the NPDES permit's executed "Notice of
Termination" shall be provided prior to final release of the financial
security.
(9) After receipt of the certification of completion by the Township,
a final inspection shall be conducted by the Township's authorized
staff representative(s) or other person designated by the Township
to certify compliance with this chapter.
(10)
If a violation causes no immediate danger to life, public health,
or property, at its sole discretion, the municipality may provide
a limited time period for the owner to correct the violation. In these
cases, the municipality will provide the owner, or the owner's designee,
with a written notice of the violation and the time period allowed
for the owner to correct the violation. If the owner does not correct
the violation within the allowed time period, the municipality may
revoke or suspend any, or all, applicable approvals and permits pertaining
to any provision of this chapter.
B. In lieu of the civil penalties and enforcement remedies set forth in §
373-33 of this chapter, the Township may enter into settlement agreements with persons who fail to comply with the requirements of this chapter. Such settlement agreements may include, among other things, provisions for corrective action, abatement of existing violations and reimbursement to the Township for legal, engineering and other costs incurred by the Township as a result of any violation of this chapter.
Prior to granting of final approval by the municipality of a
plan, the applicant shall either:
A. Satisfactorily establish that the permanent facilities are part of
a portion of ground to be dedicated to the municipality for reasons
other than the maintenance of land subject to this chapter; or
B. Present to the municipality a copy of restrictions with an affidavit
stating that such restrictions shall be added to the deed of conveyance
to each grantee to whom property of the development is to be conveyed.
(1) When permanent stormwater management facilities and ownership to
these facilities are dedicated to and accepted by the municipality,
it shall be the municipality's responsibility to maintain these facilities.
(2) The municipality shall have the right, in addition to those provisions
above set forth, to require the applicant, owner or developer to post
a bond with the municipality prior to the time of approval of the
plan in order to assure the faithful performance of the requirements
of this chapter in the course of completing the land development.
Upon presentation of proper credentials, duly authorized representatives
of the Township may enter at reasonable times upon any property within
the Township to investigate or ascertain the condition of the subject
property in regard to any aspect regulated by this chapter.
A modification which involves a change in stormwater management control methods or techniques, or which involves the relocation or redesign of control measures, or which is necessary because soil or other conditions are not stated on the approved plan, shall require the submission of a revised plan by the developer in accordance with the plan requirements as set forth in Article
III of this chapter.