Upon presentation of proper credentials, duly authorized representatives of the municipality may enter at reasonable times upon any property within the municipality to investigate or ascertain the condition of the subject property in regard to any aspect regulated by this Part 1.
In the event that any person fails to comply with the requirements of this Part 1, 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 reasonable 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 Part 1. All such penalties shall be deemed cumulative and shall not preclude by the municipality from pursuing any and all other remedies.
The municipal governing body is hereby authorized and directed to enforce all of the provisions of this Part 1. All inspections regarding compliance with the stormwater management site 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 development 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 activity under § 410-4 on any property except as provided for in the approved stormwater management site plan and pursuant to the requirements of this Part 1. It shall be unlawful to alter or remove any control structure required by the stormwater management site plan pursuant to this Part 1 or to allow the property to remain in a condition which does not conform to the approved stormwater management site plan.
C. 
At the completion of the project, and as 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 drawings.
D. 
After receipt of the certification by the municipality, a final inspection shall be conducted by the governing body or its designee to certify compliance with this Part 1.
E. 
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.
F. 
Suspension and revocation of permits.
(1) 
Any permit issued under this Part 1 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 provisions of this Part 1 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 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 governing body is satisfied that the violation of this Part 1, the ordinance, law, or rule and regulation has been corrected.
(3) 
A permit revoked by the governing body cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this Part 1.
(4) 
An occupancy permit shall not be issued unless satisfactory inspection pursuant to § 410-33D has been secured. The occupancy permit shall be required for each lot owner and/or developer for all subdivisions and land development in the municipality.
(5) 
It shall be a violation of this Part 1 to commit any of the following acts:
(a) 
To commence land disturbance activities for which an approved stormwater management site plan is required prior to approval of said plan.
(b) 
To install, repair, modify or alter stormwater management facilities prior to obtaining an approved stormwater management site plan.
(c) 
To misuse or fail to maintain any stormwater management facility install upon a property.
(d) 
To construct any improvements upon, grade, fill, or take any other action which will impair the proper functioning of any stormwater management facility.
(e) 
To place false information on or omit relevant information from a stormwater management site plan.
(f) 
To fail to comply with any other provisions of this Part 1.
A. 
Any person who or which has violated any provisions of this Part 1 shall, upon a judicial determination thereof, be subject to civil judgment for each such violation of not more than $1,000 for each violation, recoverable with costs. Each day that a violation occurs shall constitute a separate offense. All fines shall be paid to Caernarvon Township.
B. 
In addition, Caernarvon Township may institute injunctive, mandamus or any other appropriate action or proceeding at law or in equity for the enforcement of this Part 1. 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 the Board of Supervisors of Caernarvon Township may appeal to the Board of Supervisors of Caernarvon Township within 30 days of that action.
B. 
Any person aggrieved by any decision of the Board of Supervisors of Caernarvon Township may appeal to the Court of Common Pleas of Berks County within 30 days of that decision.
A modification which involves a change in stormwater management methods, techniques, or facilities, or which involves the relocation or redesign of stormwater management facilities, or which is necessary because soil or other conditions are not as stated on the approved plan, shall require a resubmission by the developer in accordance with the plan requirements as set forth in § 410-18 of this Part 1.
A. 
The provisions of this Part 1 are intended as minimum standards for the protection of the public health, safety, and welfare. The Township/Borough[1] reserves the right to modify or to extend them conditionally in individual cases as may be necessary in the public interest; provided, however, that such variation shall not have the effect of nullifying the intent and purpose of this Part 1, and that the applicant shows that to the satisfaction of the Township/Borough that the applicable regulation is unreasonable, or will cause undue hardship, or that an alternative proposal will allow for equal or better results. The list of such modifications shall be listed on the plan.
[1]
Editor's Note: So in original.
B. 
In granting waivers/modifications, the Township may impose such conditions as will, in its judgement, secure substantially the objectives of the standards and requirements of this Part 1.