Upon presentation of proper credentials, duly
authorized representatives of the municipality may enter, at reasonable
times, upon any property within the municipality to inspect the condition
of the stormwater structures and facilities in regard to any aspect
regulated by this chapter.
A.
In the event that a person fails to comply with the
requirements of this chapter, or fails to conform to the requirements
of any permit issued hereunder, the municipality shall provide written
notification of the violation. The notice will direct the responsible
party to comply with all the terms of this chapter within seven days,
or such additional period, not to exceed 30 days, as the designated
municipal representative shall deem reasonable. In addition, the designated
municipal representative shall give notice to the owner, applicant,
developer, property manager or other person responsible for the property
or the violation that if the violation is not corrected, the municipality
may correct the same and charge the landowner or other person responsible
the cost thereof plus penalties as specified herein for failure to
comply.
B.
Such notice may be delivered by the United States
mail, first class, postage prepaid, or by certified or registered
mail; or by personal service; or if the property is occupied, by posting
the notice at a conspicuous place upon the affected property.
C.
Such notification shall set forth the nature of the
violation(s) and establish a time limit for correction of these violations(s).
Failure to comply within the time specified shall subject such person
to the penalty provision of this chapter. All such penalties shall
be deemed cumulative and resort by the municipality from pursuing
any and all other 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 municipal governing body is hereby authorized
and directed to enforce all of the provisions of this chapter. All
inspections regarding compliance with the stormwater management plan
shall be the responsibility of the Municipal Engineer or other qualified
persons designated by the municipality.
A.
A set of design plans approved by the municipality
shall be on file at the site throughout the duration of the construction
activity. Periodic inspections may be made by the municipality 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 § 200-5 on any property except as provided for in the approved stormwater management plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any control structure required by the stormwater management plan pursuant to this chapter or to allow the property to remain in a condition which does not conform to the approved stormwater management 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:
D.
After receipt of the certification by the municipality,
a final inspection shall be conducted by the governing body or its
designee to certify compliance with this chapter.
E.
Occupancy permit. An occupancy permit shall not be
issued until all stormwater issues have been addressed to the municipality's
satisfaction. The occupancy permit shall be required for each lot
owner and/or developer for all subdivisions and land development in
the municipality.
A.
Anyone causing or permitting a violation of the provisions
of this chapter, after due notice, shall be subject to an ordinance
enforcement proceeding brought before a Magisterial District Judge
in the same manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure, and shall be subject
to a fine not to exceed $1,000 for each violation, together with court
costs and reasonable attorneys' fees incurred by the Township in the
enforcement proceeding.
B.
In the event that the owner, developer, occupant,
applicant, property manager, or other person responsible fails to
comply with the terms of this chapter within the time specified by
the municipal representative, the municipality may take any actions
necessary to remove the public nuisance. The costs of removal of the
violation shall be in addition to any penalties for violations for
failure to comply.
C.
In addition to the fines for violations, costs, and
penalties provided for by this section, Halfmoon Township may institute
proceedings in courts of equity to require owners and/or occupants
of real estate to comply with the provisions of this chapter.
D.
The cost of removal, fine and penalties hereinabove
mentioned may be entered by Halfmoon Township as a lien against such
property, or properties of individual members of a property owners'
association, in accordance with the existing provisions of the law.
Any person aggrieved by any action of the municipality or its
designee, relevant to the provisions of this chapter, may appeal to
the Municipal Zoning Hearing Board within 30 days of that action.