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 Borough 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), if
the violation(s) are correctable. Failure to comply within the time
specified, if applicable, shall subject such person to the penalty
provisions of this chapter. All such penalties shall be deemed cumulative
and shall not prevent the Borough 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.
Narberth Borough Council, by and through its appointed representatives,
is hereby authorized and directed to enforce all the provisions of
this chapter. All inspections regarding compliance with the SWM site
plan shall be the responsibility of the Borough Engineer or other
qualified persons designated by the Borough.
A. A set of design plans approved by the Borough shall be on file at
the site throughout the duration of the construction activity. Periodic
inspections may be made by Borough representatives during construction.
B. It shall be unlawful for any person, firm, or corporation to undertake
any regulated activity on any property except as provided for in the
approved SWM site plan and pursuant to the requirements of this chapter.
It shall be unlawful to alter or remove any BMP, conveyance, or other
similar control structure required by the SWM site plan pursuant to
this chapter or to allow the property to remain in a condition which
does not conform to the approved SWM site plan.
C. At the completion of the project and as a prerequisite for the release
of the performance guarantee, the owner/applicant or the owner/applicant's
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 and revise any stormwater
management operation and maintenance agreements as may be necessary
to reflect any changes reflected in the as-built drawings.
D. After receipt of the certification by the Borough, a final inspection
shall be conducted by the Borough 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, Narberth Borough Council will schedule a hearing
at a regularly scheduled public meeting to discuss the noncompliance
if there is no immediate danger to life, public health, or property.
The expense of a hearing, including any court reporting or advertising
fees, shall be the applicant's responsibility and shall be paid
into an escrow account held by the Borough in an amount anticipated
to cover such expenses prior to scheduling such hearing.
F. Occupancy permit. An occupancy permit shall not be issued unless
the certification of completion from the Borough Engineer has been
secured. The occupancy permit shall be required for each lot owner
and/or applicant for all subdivisions and land developments in the
Borough.