Upon presentation of proper credentials, duly
authorized representatives of the Township of Falls may enter at reasonable
times upon any property within the Township of Falls to inspect the
condition of the stormwater management 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 approved
drainage plan, the Township, under this chapter, 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 violations(s). Failure to comply within the time specified
shall subject such person to the penalty provision of this chapter.
All such penalties shall be deemed cumulative and shall not prevent
the Township of Falls from pursuing any and all other 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.
The Board of Supervisors 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 Township Engineer or other qualified persons
designated by the Township of Falls.
A. A set of design plans approved by the Township of
Falls shall be on file at the site throughout the duration of the
construction activity. Periodic inspections may be made by the Township
of Falls or its designee during construction.
B. Adherence to approved plan. It shall be unlawful for any person, firm or corporation to undertake any regulated activity under §
187-4 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 stormwater management facilities 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, the applicant/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 Township
of Falls, a final inspection shall be conducted by the Board of Supervisors
or its designee to certify compliance with this chapter.
E. Prior to revocation or suspension of a permit, the
Board of Supervisors will schedule a hearing for testimony regarding
the noncompliance if there is no immediate danger to life, public
health or property.
F. Suspension and revocation of drainage plan approvals.
(1) Any drainage plan approval issued under this chapter
may be suspended or revoked by the Township for:
(a)
Noncompliance with or failure to implement any
provision of the plan.
(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 which constitutes or
creates a hazard or nuisance, pollution, or which endangers the life
or property of others, or as outlined in this chapter.
(2) Suspended drainage plans.
(a)
A suspended drainage plan shall be reinstated
by the Board of Supervisors when:
[1]
The Township Engineer or his designee has inspected
and approved the corrections to the stormwater management facility
and erosion and sediment pollution control measure(s), or the elimination
of the hazard or nuisance; and/or
[2]
The Board of Supervisors is satisfied that the
violation of the ordinance, law or rule and regulation has been corrected.
(b)
The approved drainage plan, which has been revoked
by the Board of Supervisors, cannot be reinstated. The applicant/owner
may submit a new drainage plan under the procedures outlined in this
chapter.
G. 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/owner
for all subdivisions and land development in the Township of Falls.
H. Stormwater control and BMP owners and operators shall
allow persons working on behalf of the Township ready access to all
parts of the premises for the purposes of determining compliance with
this chapter.
I. Persons working on behalf of the Township shall have
the right to temporarily locate on any stormwater control or BMP in
the Township such devices as are necessary to conduct monitoring and/or
sampling of the discharges from such stormwater control or BMP.
J. Unreasonable delays in allowing the Township access
to a stormwater control or BMP is a violation of this article.