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 state 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 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. It shall be unlawful for any person, firm or corporation to undertake any regulated activity under §
316-4 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, architect,
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 and at the request
of the applicant, the governing body will schedule a hearing to discuss
the noncompliance if there is no immediate danger to life, public
health or property. The expense of a hearing shall be the applicant's
responsibility.
F. Occupancy permit. An occupancy permit shall not be issued unless the certification of completion pursuant to Subsection
C(1) has been secured. The occupancy permit shall be required for each lot owner and/or applicant for all subdivisions and land developments in the municipality.