It is the purpose of these regulations to prescribe the procedures by which the administration of this chapter shall take place. Nothing contained within this article shall be interpreted as limiting the adoption of administrative regulations which do not supersede required stated procedures.
A. 
Applications for approval of an erosion and sedimentation control plan under the requirements of this chapter shall be made by completing all required spaces on the standard application and tracking form (Attachment A[1]) and forwarding the form to the Allegheny County Conservation District at the address shown. No grading permits will be issued by the Borough of Baldwin unless and until an approved erosion and sedimentation control plan is received.
[1]
Editor's Note: Attachment A appears at the end of this chapter.
B. 
The Borough Building Inspector shall serve as Zoning Officer and shall have the duty of administering the provisions of this chapter. The Zoning Officer shall have all the powers and duties conferred on him/her by this chapter and the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
Fees for the review of the erosion and sedimentation control plan that will be charged by the Allegheny County Conservation District will be set by the Allegheny County Conservation District and set by resolution for the Borough of Baldwin. The applicant will be responsible for all fees associated with the approval of the plan, such fees to include but not limited to inspection, engineering, legal and administrative. Said fees are posted with the municipality. The application and tracking form found in Attachment A must be filled out and a copy must be submitted to both the Allegheny County Conservation District and the Borough. The applicant must determine the amount of the fee that will apply to his/her application. Anyone requiring an explanation of district charges for plan reviews should contact the district for such information.
A. 
The Borough and the Allegheny County Conservation District are hereby authorized and directed to conduct both routine and emergency site inspections of ongoing earthmoving operations within the municipal boundaries of the Borough of Baldwin to establish compliance with the approved erosion and sedimentation control plan.
B. 
The Borough and/or the Allegheny County Conservation District are hereby authorized to enforce a cease-of-work directive if the contractor and/or owner has failed to adhere with the approved erosion and sedimentation control plan. The Borough shall notify the Allegheny County Conservation District of a cease-of-work directive within 48 hours.
A. 
All violations of the approved erosion and sedimentation control plan determined during a site inspection shall be listed on an inspection report which itemizes the following items for each violation:
(1) 
Specific type of violation, including location and scope.
(2) 
Provides a period of time during which the person(s) responsible for the earthmoving activity may correct the violations without the assessment of any penalties.
B. 
The completed inspection report shall be signed by the inspector and person responsible for the earthmoving activity (or a designated representative) and a copy provided to the latter party and the Allegheny County Conservation District.
Whenever a violation of this chapter occurs or is alleged to have occurred, any person must file a written complaint stating fully the causes and basis of the complaint with the Zoning Officer. The Zoning Officer shall record the complaint immediately and investigate it promptly and take any necessary action as provided by this chapter. The Zoning Officer shall notify the complainant of the results of his/her investigation and any action taken.
The enforcement notice shall contain the following information:
A. 
The name of the owner of record and any other person against whom the Borough intends to take action.
B. 
The location of the property in violation.
C. 
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
D. 
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
E. 
That the recipient of the notice has the right to appeal to the Borough of Baldwin.
A. 
Should the person(s) responsible for undertaking the earthmoving operations fail to meet the deadline for correcting violations of this chapter as specified in the official inspection report, the Borough of Baldwin will issue a formal notice of violation to said person(s). The notice will list, for each violation that has occurred, a penalty of not less than $500 and not more than $1,000 for each day of each violation. Such fines, penalties and associated costs as are listed in the notice will be collected as like fines or penalties are now by law collected and, in default thereof, the violator shall be imprisoned in the county jail for not more than 60 days.
B. 
The contractor shall be responsible for any or all penalties and associated costs incurred by the Department of Environmental Resources, the Allegheny County Conservation District and the Borough.
In case any building, structure or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, the governing body or, with the approval of the governing body, an officer of the Borough and the Allegheny County Conservation District's representative, in addition to other remedies, may institute in the name of the Borough any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure or land or to prevent, in or about such premises, any act, conduct, business or use constituting a violation.