[Added 7-14-2014 by Ord. No. 2014-04]
A. 
The Borough Engineer or his designee shall observe all phases of the installation of the permanent stormwater management facilities as deemed appropriate by the Borough Engineer.
B. 
During any stage of the work, if the Borough Engineer determines that the permanent stormwater management facilities are not being installed in accordance with the approved stormwater management plan, the Borough shall revoke any existing building permits until a revised drainage plan is submitted and approved, as specified in this chapter.
C. 
The landowner, or the owner's designee, should inspect stormwater management BMPs according to the following list of minimum frequencies:
(1) 
Annually for the first five years following construction;
(2) 
Once every three years thereafter; and
(3) 
During or immediately after the cessation of a ten-year-or-greater storm.
Upon presentation of proper credentials, duly authorized representatives of the Borough may enter at reasonable times upon any property within the Borough to inspect the condition of the stormwater structures and facilities in regard to any aspect regulated by this chapter.
In the event a person fails to comply with the requirements of this chapter or fails to conform to the requirements of any permit issued hereunder, the Borough 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 the 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 resort by the Borough from pursuing any and all remedies. It shall be the responsibility of the owner 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 Borough is hereby authorized and directed to enforce all of the provisions of this chapter. All inspections regarding compliance with the drainage plan shall be the responsibility of the Borough Engineer or other qualified persons designated by the Borough.
A. 
A set of design plans approved by the Borough shall be on file at the site throughout the duration of the construction activity. Periodic inspections may be made by the Borough 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 § 251-4 on any property except as provided for in the approved drainage plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any control structure required by the drainage plan pursuant to this chapter 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 performance guarantee, the owner or his representatives shall:
(1) 
Provide a certification of completion from an engineer, 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 (record) drawings.
D. 
After receipt of the certification by the Borough, a final inspection shall be conducted by the Borough Engineer or designated representative to certify compliance with this chapter.
E. 
Prior to revocation or suspension of a permit, the Borough will schedule a hearing to discuss the noncompliance if there is no immediate danger to life, public health or property.
F. 
Suspension and revocation of permits.
(1) 
Any building permit issued by the Borough 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) 
Suspended building permit.
(a) 
A suspended building permit shall be reinstated by the Borough when:
[1] 
The Borough 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;
[2] 
The Borough is satisfied that the violation of the ordinance, law or rule and regulation has been corrected.
(b) 
A permit that has been revoked by the Borough cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this chapter.
G. 
Occupancy permit. An occupancy permit shall not be issued unless the certification of compliance has been secured. The occupancy permit shall be required for each lot owner and/or developer for all subdivisions and land development in the municipality.
A. 
The violation of any provision of this chapter is hereby deemed a public nuisance.
B. 
Each day a violation continues shall constitute a separate violation.
[Amended 7-14-2014 by Ord. No. 2014-04]
A. 
Anyone violating the provisions of this chapter shall be subject to a fine of $1,000 per violation, recoverable with costs and reasonable attorneys' fees, or imprisonment for not more than 30 days, or both. Each day or portion of a day in which a violation is found to exist for each section of this chapter that is violated shall be a separate offense. In addition or in lieu of enforcement as a summary offense, the Borough may enforce this chapter through an action in equity brought in the Franklin County Court of Common Pleas. Any person found guilty of violating this chapter may be assessed court costs and reasonable attorney's fees incurred by the Borough in the enforcement proceedings.
[Amended 7-14-2014 by Ord. No. 2014-04]
Any person aggrieved by any final decision of the Borough may appeal to the Borough of Chambersburg Zoning Hearing Board within 30 days of the final decision of the Borough.
[Added 7-14-2014 by Ord. No. 2014-04]
The Borough may delegate enforcement of this chapter to the Franklin County Conservation District or any other third-party agency whom the Borough deems qualified to provide such enforcement.