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 article.
The governing body is hereby authorized and
directed to enforce all of the provisions of this article. All inspections
regarding compliance with the drainage plan shall be the responsibility
of the municipal engineer or other 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 §
124-70 on any property except as provided for in the approved drainage plan and pursuant to this article. It shall be unlawful to alter or remove any control structure required by the drainage plan pursuant to this article 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 guarantee, 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 article.
E. Prior to renovation 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 health or property.
F. Suspension and revocation of permits.
(1) Any permit issued under this article 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 article
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 permit shall be reinstated by the governing
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 regulations 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 article.
G. Occupancy permit. An occupancy permit shall not be issued unless the certification of compliance pursuant to §
124-100D 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.
As a result of an on-site inspection by the designee of the governing body or a majority of the governing body, and it has been determined that the owner, subdivider, developer or his agent has failed to comply with the requirements of this article, or fails to conform to the requirements of any permit issued thereunder, the governing body or designee shall set forth written notification of the violation within 10 days of said on-site inspection. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violation(s). Upon failure to comply within the time specified, the owner, subdivider, developer or his agent shall be subject to the penalty provisions of this article, §
124-102, or other penalty.