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 resort 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.
The municipal 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.
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
§
126-4 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, the owner or his representative
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.
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 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
danger to life, public health or property.
F. Suspension and revocation of permits:
(1) Any building permit issued by the municipality 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 which constitutes or creates a hazard
or nuisance, pollution or which endangers the life or property of others.
(2) A suspended building/land use 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 measures or the elimination of the
hazard or nuisance; and/or
(b) The governing body is satisfied that the violation of
the chapter, 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.
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 developer for all subdivisions
and land development in the municipality.