Duly authorized representatives of the municipality may enter at reasonable
times upon any property within the municipality to investigate or ascertain
the condition of the subject property in regard to any aspect regulated by
this chapter.
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 person 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 earth disturbance activity
on any property except as provided for in the approved drainage plan and pursuant
to 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 guaranty, the owner or his representative 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 of completion by the
municipality, a final inspection shall be conducted by the governing body
or its designee to certify compliance with this chapter.
E. Prior to revocation or suspension of a permit, the governing
body will schedule a hearing to discuss the noncompliance if there is no immediate
damage to life, public heath or property.
F. 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 provisions
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 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) 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 which 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.
G. Occupancy permit. An occupancy permit shall not be secured or issued unless the certification of compliance pursuant to §
140-35D has been secured. The occupancy permit shall be required for each lot owner and/or developer of all subdivisions and land development in the municipality.
In case any building, structure or land is, or is proposed to be, erected,
constructed, reconstructed, altered, covered, maintained or used in violation
of this chapter, the governing body or, with the approval of the governing
body, an officer of the municipality, in addition to other remedies, may institute
in the name of the municipality any appropriate action or proceeding to prevent,
restrain, correct or abate such building, structure or land, or to prevent,
in or about such premises, any act, conduct, business or use constituting
a violation.