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.
A. 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 conditions of the stormwater structures and facilities
in regard to any aspect regulated by this chapter.
B. Stormwater
control and BMP owners and operators shall allow persons working on
behalf of the municipality ready access to all parts of the premises
for the purposes of determining compliance with this chapter.
C. Persons
working on behalf of the municipality shall have the right to temporarily
locate on any stormwater control or BMP in the municipality such devices
as are necessary to conduct monitoring and/or sampling of the discharges
from such stormwater control or BMP.
D. Unreasonable
delay in allowing the municipality access to a stormwater control
or BMP is a violation of this article.
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 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. 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.
The municipality 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. 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 §
173-4 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. 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 chapter.
D. 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 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 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.
(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) 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.