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 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. In the case where the violation poses
an immediate threat to the heath, safety and welfare of the community,
no notice under this section shall be required.
The 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
as directed by the Board of Supervisors.
A. A set of stormwater management site 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 §
28B-104 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 stormwater management plan.
C. It shall be unlawful to violate any provision of this chapter, including, but not limited to §§
28B-704.
D. Inspections regarding compliance with the SWM site plan are a responsibility
of the municipality.
E. At the completion of the project, and as a prerequisite for the release
of the performance guarantee, the owner or his representatives shall:
(1)
Provide a certification of completion from a professional engineer
verifying that all permanent facilities have been constructed according
to the plans and specifications and approved revisions Subdivision
Ordinance thereto.
(2)
Provide one reproducible and two paper prints of as-built drawings.
F. 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 chapter.
G. 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.
H. Suspension and revocation of permits.
(1)
Any permit issued under this chapter may be suspended or revoked
by the governing body for:
(a)
Noncompliance with, or failure to, implement any provision of
the approved SWM site plan or O&M agreement permit.
(b)
A violation of any provision of this chapter or any other applicable
law, ordinance, rule, or regulation relating to the regulated activity
project.
(c)
The creation of any condition or the commission of any act during regulated activity 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
IX of this chapter.
(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) that caused the suspension, 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 by the governing body cannot
be reinstated. The applicant may apply for a new permit under the
procedures outlined in this chapter.
(4)
If a violation causes no immediate danger to life, public health,
or property, at its sole discretion, the municipality may provide
a limited time period for the owner to correct the violation. In these
cases, the municipality will provide the owner, or the owner's
designee, with a written notice of the violation and the time period
allowed for the owner to correct the violation. If the owner does
not correct the violation within the allowed time period, the municipality
may revoke or suspend any, or all, applicable approvals and permits
pertaining to any provision of this chapter.
I. Occupancy permit. An occupancy permit shall not be issued unless the certification of compliance pursuant to §
28B-409 of this chapter has been secured. The occupancy permit shall be required for each lot owner and/or developer for all subdivisions and land developments in the municipality.