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2005 Ordinances
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2005 Ordinances
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3/13/2006 11:57:55 AM
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3/31/2005 2:05:24 PM
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<br />. <br /> <br />these inspections and maintenance, to ensure compliance with the approved plan and to determine <br />whether the measures required in the plan are effective in controlling erosion and sedimentation. <br /> <br />. <br />(b) The Plan-approving authority shall periodically inspect the land-disturbing activity in <br />accordance with applicable regulations to ensure compliance with the approved plan and to <br />determine whether the measures required in the plan are effective in controlling erosion and <br />sedimentation. The owner, permittee, or person responsible for carrying out the plan shall be given <br />notice of the inspection. <br /> <br />If the Plan-approving authority determines that there is a failure to comply with the plan, <br />notice shall be served upon the permittee or person responsible for carrying out the plan by registered <br />or certified mail to the address specified in the permit application or in the plan certification, or by <br />delivery at the site of the land-disturbing activities to the agent or employee supervising such <br />activities. <br /> <br />The notice shall specify the measures needed to comply with the plan and shall specify the <br />time within which such measures shall be completed. Upon failure to comply within the specified <br />time, the permit may be revoked and the permittee or person responsible for carrying out the plan <br />shall be deemed to be in violation of this ordinance and shall be subject to the penalties provided by <br />this ordinance. <br /> <br />. <br /> <br />(c) Upon determination of a violation of this article, the Plan-approving authority may, in <br />conjunction with or subsequent to a notice to comply as specified in this ordinance, issue an order <br />requiring that all or part of the land-disturbing activities permitted on the site be stopped until the <br />specified corrective measures have been taken. <br /> <br />Ifland-disturbing activities have commenced without an approved plan, the Plan-approving <br />authority may, in conjunction with or subsequent to a notice to comply as specified in this section, <br />issue an order requiring that all ofthe land-disturbing activities be stopped until an approved plan or <br />any required permits are obtained. <br /> <br />Where the alleged noncompliance is causing or is in imminent danger of causing harmful <br />erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth, or <br />where the land-disturbing activities have commenced without an approved plan or any required <br />permits, such an order may be issued without regard to whether the permittee has been issued a <br />notice to comply as specified in this section. Otherwise, such an order may be issued only after the <br />permittee has failed to comply with such a notice to comply. <br /> <br />The order shall be served in the same manner as a notice to comply, and shall remain in effect <br />for a period of seven days from the date of service pending application by the enforcing authority or <br />by the permit holder for appropriate relief to the Portsmouth Circuit Court. <br /> <br />If the alleged violator has not obtained an approved plan or any required permits within seven <br />days from the date of service of the order, the Plan-approving authority may issue an order to the <br />owner requiring that all construction and other work on the site, other than corrective measures, be <br /> <br />. <br /> <br />9 <br /> <br />
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