[Ord. 266, 7/11/2005, § 801]
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
25B.
[Ord. 266, 7/11/2005, § 802]
In the event that a person fails to comply with the requirements of this Chapter
25B, 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
25B. All such penalties shall be deemed cumulative and present 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
25B.
[Ord. 266, 7/11/2005, § 803]
1. The municipality is hereby authorized and directed to enforce all of the provisions of this Chapter
25B. 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 §
25B-104 on any property except as provided for in the approved drainage plan and pursuant to the requirements of this Chapter
25B. It shall be unlawful to alter or remove any control structure required by the drainage plan pursuant to this Chapter
25B 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, applicant 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.
(3)
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
25B.
D. Suspension and Revocation of Permits.
(1)
Any permit issued under this Chapter
25B 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
25B 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 governing body
when:
(a)
The municipal engineer or a 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.
(b)
The governing body is satisfied that the violation of the ordinance,
law, or rule and regulation has been corrected.
(c)
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
25B.
(d)
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.
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 the municipality.
[Ord. 266, 7/11/2005, § 804]
1. The violation of any provision of this Chapter
25B is hereby deemed a public nuisance.
2. Each day that a violation continues shall constitute a separate violation.
[Ord. 266, 7/11/2005, § 805]
1. Anyone violating the provisions of this shall be subject to a fine
of not more than $1,000 for each violation, recoverable with costs,
or imprisonment of not more than 10 days, or both. Each day that the
violation continues shall be a separate offense.
2. In addition, the municipality, 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
25B. 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.
[Ord. 266, 7/11/2005, § 806]
1. Any person aggrieved by any action of the municipality or its designee
may appeal to the municipal Zoning Hearing Board within 30 days of
that action.
2. Any person aggrieved by any decision of the municipal Zoning Hearing
Board may appeal to the Court of Common Pleas of Bucks County within
30 days of the municipal decision.