Upon presentation of proper credentials, duly authorized representatives
of the municipality may enter at reasonable times upon any property
within the municipality to investigate or ascertain the condition
of the subject property in regard to any aspect regulated by this
chapter.
The municipal governing body is hereby authorized and directed
to enforce all of the provisions of this chapter.
A.
Any permit or approval issued by the municipality pursuant to this
chapter may be suspended by the municipality for:
(1)
Noncompliance with or failure to implement any provision of
the approved SWM site plan or O&M agreement.
(2)
A violation of any provisions of this chapter or any other applicable
law, ordinance, rule, or regulation relating to the regulated activity.
(3)
The creation of any condition or the commission of any act during
construction or development that constitutes or creates a hazard,
nuisance or pollution or endangers the life or property of others.
A.
Any person who or which has violated any provisions of this chapter
shall, upon a judicial determination thereof, be subject to civil
judgment for each such violation of not more than $500 and all court
costs, including reasonable attorney's fees incurred by the Borough
as a result thereof. Each day that a violation occurs shall constitute
a separate offense. All fines shall be paid to East Petersburg Borough.
B.
In addition, East Petersburg Borough may institute injunctive, mandamus
or any other appropriate action or proceeding at law or in equity
for the enforcement of this chapter and may request 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.
[1]
Editor's Note: For the Local Agency Law, see 2 Pa.C.S.A. §§ 105,
551 et seq. and 751 et seq.
A.
The provisions of this chapter not relating to water quality are
intended as minimum standards for the protection of the public health,
safety, and welfare. The municipality reserves the right to modify
or to extend them conditionally in individual cases as may be necessary
in the public interest; provided, however, that such variation shall
not have the effect of nullifying the intent and purpose of this chapter,
and that the applicant shows that, to the satisfaction of the municipality,
the applicable regulation is unreasonable, or will cause undue hardship,
or that an alternative proposal will allow for equal or better results.
The list of such modifications, along with an explanation of and justification
for each modification, shall be included on the plan. This section
does not apply during an enforcement action.
B.
In granting waivers/modifications for provisions of this chapter
not relating to water quality, the municipality may impose such conditions
as will, in its judgment, secure substantially the objectives of the
standards and requirements of this chapter.
A.
The municipality may include all costs incurred in the review fee
charged to an applicant. The review fee may include, but not be limited
to, costs for the following:
(1)
Administrative and clerical costs.
(2)
Review of the SWM site plan by the Municipal Engineer and municipal
staff.
(3)
Review of the stormwater operation and maintenance plan and
stormwater agreement by the Municipal Solicitor and municipal staff.
(4)
Inspections by the Municipal Engineer and municipal staff.
(5)
Any additional work required by the Municipal Solicitor, Municipal
Engineer or municipal staff to enforce any permit provisions regulated
by this chapter, correct violations, and assure proper completion
of stipulated remedial actions.
B.
Review fees may be at rates adopted by the municipality pursuant
to a resolution enacted from time to time.
