[Ord. No. 1358, 9/12/2022]
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
Part.
[Ord. No. 1358, 9/12/2022]
1. In the event that a person fails to comply with the requirements
of this Part 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 Part. 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 Part. Such notice may require, without limitation:
A. The performance of monitoring, analyses, and reporting.
B. The elimination of prohibited connections or discharges.
C. Cessation of any violating discharges, practices, or operations.
D. The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property.
E. Payment of a fine to cover administrative and remediation costs.
F. The implementation of stormwater facilities.
G. Operation and maintenance of stormwater facilities.
[Ord. No. 1358, 9/12/2022]
1. The municipality is hereby authorized and directed to enforce all
of the provisions of this Part. 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 §
26-104 on any property except as provided for in the approved drainage plan and pursuant to the requirements of this Part. It shall be unlawful to alter or remove any control structure required by the drainage plan pursuant to this Part 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 Part.
D. Suspension and Revocation of Permits.
(1)
Any permit issued under this Part 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 Part 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 that constitutes or creates a hazard,
nuisance, or 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 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 Part;
(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. No. 1358, 9/12/2022]
1. The violation of any provision of this Part is hereby deemed a public
nuisance.
2. Each day that a violation continues shall constitute a separate violation.
[Ord. No. 1358, 9/12/2022]
1. Anyone violating the provisions of this chapter shall be subject
to a fine of not more than $1,000 for each violation, recoverable
with costs. Each day that the violation continues shall be a separate
offense and penalties shall be cumulative.
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 Part. 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. No. 1358, 9/12/2022]
1. Any person aggrieved by any action of Bristol Borough or its designee
may appeal to the Borough's governing body or Zoning Hearing
Board within 30 days of that action.
2. Any person aggrieved by any decision of the Borough's governing
body may appeal to the County Court of Common Pleas of Bucks County
within 30 days of the municipal decision.