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 such
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 shall not prevent the municipality
from pursuing any and all remedies, including, but not limited to,
injunctive relief. It shall be the responsibility of the applicant
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 Zoning Officer is hereby authorized and directed to enforce
all of the provisions of this chapter. All observations regarding
compliance with the stormwater management site plan shall be the responsibility
of the Municipal Engineer or other qualified persons designated by
the municipality.
A. Design plans. A copy of the stormwater management site plan approved
by the municipality shall be on file at the site throughout the duration
of the construction activity. Periodic observations may be made by
the municipality or designee during construction.
B. Adherence to approved plan. It shall be unlawful for any person to undertake any regulated activity under §
365-4 on any property except as provided for in the approved stormwater management site plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any control structure required by the stormwater management site plan pursuant to this chapter or to allow the property to remain in a condition which does not conform to the approved stormwater management site plan.
C. Hearing. Prior to revocation or suspension of a permit and at the
request of the applicant, the Board of Commissioners 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.
D. Suspension and revocation of permits.
(1) Any permit issued by the municipality may be suspended or revoked
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 permit shall be reinstated by the Board of Commissioners
if and when:
(a)
The Municipal Engineer or his municipal 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 Board of Commissioners is satisfied that the violation of
the permit, ordinance, law, or rule and regulation has been corrected.
(3) A permit that has been revoked cannot be reinstated. The applicant
may apply for a new permit under the procedures outlined in this chapter.
(4) Erroneous permit. Any permit or authorization issued or approved
based on false, misleading or erroneous information provided by an
applicant is void without the necessity of any proceedings for revocation.
Any work undertaken or use established pursuant to such permit or
other authorization is unlawful. No action may be taken by a board,
agency or employee of the Municipality purporting to validate such
a violation.
E. Occupancy permit. An occupancy permit shall not be issued unless
the requirements of this chapter have been fully complied with. An
occupancy permit shall be required for each lot owner and/or applicant
for all regulated activities, subdivisions and land developments in
the municipality.