[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.
[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.