[Amended 3-22-2005 by Ord. No. 311]
A. 
The violation of any provision of this chapter is hereby deemed a public nuisance.
B. 
Each day that a violation continues, and each specific violation, shall constitute a separate violation.
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.
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. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violation(s). Failure to comply within the time specified shall subject a 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 approved 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 construction activity. Periodic inspections may be made by the municipality or its designee during construction.
B. 
It shall be unlawful for any person, firm or corporation to undertake any activity regulated by this chapter 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 stormwater structure required by the approved 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 representative shall:
(1) 
Provide a certification of completion from an engineer, architect, 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 record drawings.
D. 
After receipt of the owner's certification by the municipality, a final inspection shall be conducted by the municipality or its designee to certify compliance with this chapter.
E. 
Whenever the municipality finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the municipality may order compliance by written notice to the responsible person. Such notice may require, without limitation:
(1) 
The performance of monitoring, analyses, and reporting;
(2) 
The elimination of prohibited connections or discharges;
(3) 
Cessation of any violating discharges, practices, or operations;
(4) 
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(5) 
Payment of a fine to cover administrative and remediation costs;
(6) 
The implementation of stormwater BMPs; and
(7) 
Operation and maintenance of stormwater BMPs.
F. 
Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violations(s). Said notice may further advise that, if applicable, should the violator fail to take the required action within the established deadline, the work will be done by the municipality or its designee and the expense thereof shall be charged to the violator.
G. 
Failure to comply within the time specified shall also subject such person to the penalty provisions of this chapter. All such penalties shall be deemed cumulative and shall not prevent the municipality from pursuing any and all other remedies available in law or equity.
H. 
Prior to revocation or suspension of a permit, the Municipality will schedule a hearing to discuss the noncompliance if there is no immediate danger to life, public health or property.
A. 
Any building, land development or other permit or approval issued by the municipality may be suspended or revoked by the municipality for:
(1) 
Noncompliance with or failure to implement any provision of the permit;
(2) 
A violation of any provision of this chapter; or
(3) 
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.
B. 
A suspended permit or approval shall be reinstated by the municipality when:
(1) 
The Municipal Engineer or designee has inspected and approved the corrections to the stormwater BMPs, or the elimination of the hazard or nuisance; and/or
(2) 
The municipality is satisfied that the violation of the ordinance, law, or rule and regulation has been corrected.
C. 
A permit revoked by the municipality cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this chapter.
D. 
Occupancy permit. An occupancy permit shall not be issued unless the applicant has complied with the provisions of this chapter.
A. 
Any person violating the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $300 for each violation, recoverable.
B. 
In the event the owner, developer, occupant, applicant, property manager or other person responsible fails to comply with the terms of the chapter within the time specified by the municipal representative, the municipality may take any actions necessary to remove the public nuisance. The cost of removal of the violation shall be in addition to any penalties for violations for failure to comply.
C. 
In addition, the municipality, through its solicitor, may institute injunctive, mandamus or any other appropriate action or proceeding at law or in equity for the enforcement of this chapter. 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.
D. 
The cost of removal, fine, and penalties hereinabove mentioned may be entered by the municipality as a lien against such property, or properties of individual members of a property owners' association, in accordance with existing provisions of law.
[Amended 9-25-2012 by Ord. No. 350]
A. 
Appeals from the determination of the municipality or its authorized agent, under this article, shall be made to the Board of Review. Such appeals shall be in writing, addressed to the Board of Review at the Township's business office, and shall be filed within 30 days of the date of determination appealed from.
B. 
The Board of Review shall be the Loyalsock Township Building Code Board of Appeals.
C. 
Hearings. The Board of Review shall conduct hearings and make decisions in accordance with the following requirements:
(1) 
Written notice shall be given to the appellant, the Zoning Officer, such other persons as the municipality shall designate by resolution, to any person who has made timely request for the same and to any other person as the Board of Review shall determine. Written notices shall be given at such time and in such manner as shall be prescribed by the rules of the Board of Review but shall not give less than 15 days' notice of the said hearing.
(2) 
The municipality may set reasonable fees, by resolution, with respect to hearings before the Board of Review. Fees for such hearings may include compensation for the Secretary and members of the Board of Review, notice and advertising costs and necessary administrative overhead connected with the hearing. The cost, however, shall not include legal expenses of the Board of Review, expenses for engineering, architectural or other technical consultants or expert witness costs.
(3) 
The hearing shall be held within 60 days from the date of the appellant's request, unless the appellant has agreed, in writing, to the extension of time.
(4) 
The hearing shall be conducted by the Board of Review. Three members shall constitute a quorum.
(5) 
The decision of the Board of Review shall be made, in writing, within 30 days of the termination of the hearing and shall be communicated by first-class mail to the appellant and any other parties who have appeared at the addresses set forth by them.
(6) 
The parties to the hearing shall be the municipality, the appellant, any person affected by the appeal who has made timely appearance of record before the Board of Review, and any other person, including civic, community or state organizations permitted to appear by the Board of Review. The Board of Review shall have the power to require that all persons who wish to be considered parties enter appearance in writing.
(7) 
The Chairman or Acting Chairman of the Board of Review or presiding officer shall have the power to administer oaths and issue subpoenas to compel the attendance of the witnesses and the production of relevant document and papers, including witnesses and documents requested by the parties.
(8) 
The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine witnesses on all relevant issues.
(9) 
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
(10) 
It is not necessary for the Board of Review to keep a stenographic record of the proceedings; however, any party desiring to keep a stenographic record will be allowed to do so at its expense, said stenographic record to be compiled by a properly recognized stenographer. Any parties ordering stenographic records shall pay their own costs.
(11) 
The Board of Review shall not communicate directly or indirectly with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate; shall not take notice of any communications, reports, staff memorandum or other materials, except advice from its Solicitor, unless the parties are afforded an opportunity to contest the material so noticed; and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.
(12) 
Where legal counsel is desired, an attorney, other than the Solicitors of the municipality, may be appointed by the Supervisors to serve as counsel to the Board of Review.