In the event that a person fails to comply with
the requirements of this Part 2 or fails to conform to the requirements
of any permit issued hereunder, the municipality 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). Failure to comply within the time specified shall subject
such person to the penalty provisions of this Part 2. 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 Part 2.
The municipal governing body is hereby authorized
and directed to enforce all of the provisions of this Part 2. 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. It shall be unlawful for any person, firm, or corporation to undertake any regulated activity under §
140-36 on any property except as provided for in the approved drainage plan and pursuant to the requirements of this Part
2. It shall be unlawful to alter or remove any control structure required by the drainage plan pursuant to this Part
2 or to allow the property to remain in a condition that 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 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 (record) drawings.
D. 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 2.
E. Prior to revocation or suspension of a permit and
at the request of the applicant, the governing body will schedule
a hearing to discuss the noncompliance if there is no immediate danger
to life, public health, or property. The expense of a hearing shall
be the applicant's responsibility.
F. Occupancy permit. An occupancy permit shall not be issued unless the certification of completion pursuant to Subsection
C(1) has been secured. The occupancy permit shall be required for each lot owner and/or applicant for all subdivisions and land developments in the municipality.