A.
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;
(2)
Cessation of any violating discharges, practices or operation;
(3)
The abatement or remediation of sediment pollution or contamination
hazards and the restoration of any affected property; and
(4)
Payment of a fine to cover administrative and remediation costs.
B.
Such notification shall set forth the nature of the violation(s)
and establish a time limit for correction of these violations. 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 designee and the expense
thereof shall be charged to the violator.
C.
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.
In case of any paving, filling, stripping, grading or regrading
and disturbing, modifying, blocking or diverting the natural overland
or subsurface flow of stormwater, or any construction, erection and
installation of any dam, ditch, culvert, drainpipe, bridge or any
other structure or obstruction affecting the drainage of any premises,
in violation of this chapter or any regulations made pursuant thereto,
the proper Borough authorities, in addition to other remedies provided
by law, may institute any appropriate action or proceedings to prevent
such unlawful activity, to restrain, correct or abate such violation,
to prevent the use of the applicable premises or to prevent any illegal
act, conduct, business or use in or about such premises. In addition,
upon the failure of any permit holder to complete the control measures
specified in his application, the Borough may, after revoking such
permit, proceed to complete such measures itself and recover the cost
thereof from the permit holder or his surety.
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 Borough
when:
C.
A permit or approval which has been revoked by the Borough cannot
be reinstated. The applicant may apply for a new permit and pay required
permit fees under the procedures outlined in this chapter.
A.
The Borough Council, solely at its discretion, may grant a modification
of the requirements of one or more provisions of this chapter if the
literal enforcement will exact undue hardship because of peculiar
conditions pertaining to the land in question or if an alternative
standard can be demonstrated to provide equal or better results, provided
that such modification will not be contrary to the public interest
and that the purpose and intent of this chapter is observed.
B.
In granting a modification, the Borough Council may impose such conditions
as will, in its judgment, secure substantially the objectives of the
standard or requirements so modified.
C.
Any request for a modification shall be in writing and shall accompany
the subdivision or land development application. A modification may,
when authorized by the Borough Council, be requested after the application
has been submitted. The request shall describe the modification.
A.
Any person violating the provisions of this chapter shall be guilty
of a summary offense and, upon conviction, shall be subject to a fine
of not more than $1,000 for each violation, recoverable with costs.
Each day that the violation continues shall be a separate offense.
B.
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.
