The municipality, or its authorized agents and employees, will
provide 48 hours' written notice when appropriate, at its sole discretion,
and may then enter upon any part of the property within the municipality
to inspect and determine the compliance of the implementation, condition,
or operation and maintenance (O&M) of the stormwater facilities
or best management practices (BMPs) in regard to any aspect governed
by this Part 3. Inspection includes monitoring and sampling to determine
proper operation of stormwater facilities and BMPs. The municipality
shall have the right to temporarily locate on any stormwater control
or BMP in the municipality such devices as are necessary to conduct
monitoring and/or sampling of the discharges from such stormwater
control or BMP.
BMPs should be inspected for proper operation by the landowner,
or the owner's designee (including the municipality for dedicated
and owned facilities), according to the following list of minimum
frequencies:
All inspections regarding compliance with the Stormwater Management
(SWM) site plan and this Part 3 shall be the responsibility of the
municipality.
A.
Whenever the municipality finds that a person has violated a prohibition
or failed to meet a requirement of this Part 3, the municipality may
order compliance by notifying the responsible person. Such notice
may include the following remedies:
(1)
Performance of monitoring, analyses, and reporting;
(2)
Elimination of prohibited connections or discharges;
(3)
Cessation of any violating discharges, practices, or operations;
(4)
Abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(5)
Payment of a fine;
(6)
Payments to reimburse administrative and remediation costs;
(7)
Implementation of stormwater controls and BMPs; and
(8)
O&M of stormwater facilities and BMPs.
B.
Such notification shall set forth the nature of the violation(s)
and establish a time limit for correction of those violation(s). If
the violator fails to take the required action within the established
deadline, the work may be done by the municipality and the expenses
may be charged to the violator.
C.
Failure to comply within the time specified may subject a violator
to the penalty provisions of this Part 3. All such penalties shall
be deemed cumulative and shall not prevent the municipality from pursuing
other remedies available in law or equity.
A.
Any approval or permit issued by the municipality pursuant to this
Part 3 may be suspended or revoked for:
(1)
Noncompliance with or failure to implement any provision of
the approved SWM site plan or O&M agreement.
(2)
A violation of any provision of this Part 3 or any other applicable
law, ordinance, rule, or regulation relating to the regulated activity.
(3)
The creation of any condition or the commission of any act during
the regulated activity which constitutes or creates a hazard, nuisance,
pollution, or endangers the life or property of others.
C.
An approval that has been revoked by the municipality cannot be reinstated.
The applicant may apply for a new approval under the provisions of
this Part 3.
D.
If a violation causes no immediate danger to life, public health
or safety, or property, at its sole discretion, the municipality may
provide a limited time period for the owner to correct the violation.
In these cases, the municipality will provide the owner, or the owner's
designee, with a written notice of the violation and the time period
allowed for the owner to correct the violation. If the owner does
not correct the violation within the allowed time period, the municipality
may revoke or suspend any, or all, applicable approvals and permits
pertaining to any provision of this Part 3.
A.
Any person violating the provisions of this Part 3 shall be subject
to penalties of $500 per day and may include liens against the property
for each day of violation, including court costs and attorney's
fees.
B.
In addition, the municipality may institute injunctive, mandamus
or any other appropriate action or proceeding at law or in equity
for the enforcement of this Part 3. Any court of competent jurisdiction
shall have the right to issue restraining orders, temporary or permanent
injunctions, mandamus, or other appropriate forms of remedy or relief.
A.
Appeals from the determination of the Zoning Officer or Municipal
Engineer pursuant to Section 909.1(A)(8)[1] shall be filed with the Lower Moreland Township Zoning
Board within 30 days of the Zoning Officer or Municipal Engineer decision.
Appeals from the determination of the Zoning Officer or Municipal
Engineer insofar as it relates to land development applications shall
go to the Board of Commissioners within 30 days of the Zoning Officer
or Municipal Engineer action.
[1]
Editor's Note: See 53 P.S. § 10909.1(a)(8).
B.
Any person aggrieved by any decision of the municipality, relevant
to the provisions of this Part 3, may appeal to the Montgomery Court
of Common Pleas within 30 days of the municipality's decision.