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 shall not prevent the municipality
from pursuing any and all remedies. It shall be the responsibility
of the applicant 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. Design plans. 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 §
425-4 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. Hearing. 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.
D. Suspension and revocation of permits.
(1) Any permit issued by the municipality may be suspended or revoked
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, or as outlined in Article
VIII of this chapter.
(2) A suspended permit shall be reinstated by the governing body when:
(a)
The Municipal Engineer or his municipal 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 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 completion pursuant to §
425-29C has been approved by the municipality. The occupancy permit shall be required for each lot owner and/or applicant for all subdivisions and land development in the municipality.
[Added 4-23-2009 by Ord.
No. 162]
A. In order to permit the reasonable utilization of property, the Board
of Supervisors may grant a modification of the requirements of one
or more provisions of this chapter if literal compliance will result
in undue hardship or be unreasonable as it is applied to a particular
property, or if the applicant establishes to the satisfaction of the
Board of Supervisors that an alternative proposal will allow for equal
or better results, provided that such modification will not be contrary
to the public interest and fulfills the purpose and intent of this
chapter.
B. In granting any requested modification, the Board of Supervisors
may impose such conditions as will, in its judgment, secure substantially
the objectives of the standards and requirements of this chapter.
C. All requests for modification shall be made in writing, shall be
signed by the applicant, shall accompany the submission of the drainage
plan, and shall include:
(1) The specific provision of this chapter with respect to which a modification
is desired.
(2) The specific modification desired and the proposed alternative.
(3) The applicant's justification for the modification, including the
full basis and facts of the alleged unreasonableness or undue hardship,
and an explanation of how the requested modification is the minimum
modification necessary to permit the reasonable utilization of the
property but still achieves the purposes and objectives of this chapter.
D. The Board of Supervisors shall maintain a written record of the action
taken on all requests for modification. Any modifications that are
granted or approved shall be set forth on the approved drainage plan
and on the record plan.