Upon presentation of proper credentials and in accordance with applicable law, the Borough Engineer 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.
SWM BMPs must be inspected by the landowner, or the owner's designee (including the Borough Engineer for dedicated and owned facilities) according to the following list of minimum frequencies or as otherwise specified by the Borough. All inspection reports shall be submitted to the Borough Engineer within 30 days of the inspection.
A. 
Annually for the first five years.
B. 
Once every three years thereafter.
C. 
During or immediately after the cessation of a ten-year or greater storm. Inspections should be conducted during or immediately following precipitation events. A written inspection report shall be created to document each inspection. The inspection report shall contain the date and time of the inspection, the individual(s) who completed the inspection, the location of the BMP, facility or structure inspected, observations on performance, and recommendations for improving performance, if applicable. Inspection reports shall be submitted to the municipality within 30 days following completion of the inspection.
[Added 10-10-2019 by Ord. No. 2348, approved 10-10-2019]
A. 
It shall be unlawful for a person to undertake any regulated activity except as provided in an approved SWM site plan, unless specifically exempted in § 217-13.
B. 
Inspections regarding compliance with the SWM site plan during project construction are a responsibility of the Borough.
A. 
Any approval or permit issued by the Borough Engineer may be suspended or revoked for:
(1) 
Noncompliance with or failure to implement any provision of the approved SWM site plan or operation and maintenance agreement.
(2) 
A violation of any provision of this chapter or any other applicable law, Code chapter, ordinance, rule or regulation relating to the regulated activity.
(3) 
The creation of any condition or the commission of any act during the regulated activity which constitutes or creates a hazard or nuisance, pollution, or which endangers the life or property of others.
B. 
A suspended approval may be reinstated by the Borough Engineer when:
(1) 
The Borough Engineer has inspected and approved the corrections to the violations that caused the suspension.
(2) 
The Borough Engineer is satisfied that the violation has been corrected.
C. 
An approval that has been revoked by the Borough Engineer cannot be reinstated. The applicant may apply for a new approval under the provisions of this chapter.
D. 
If a violation causes no immediate danger to life, public health, or property, at its sole discretion, the Borough Engineer may provide a limited time period for the owner to correct the violation. In these cases, the Borough Engineer will provide the owner, or the owner's designee, with a written notice of the violation and the time period allowed for the owner to correct the violation. If the owner does not correct the violation within the allowed time period, the Borough Engineer may revoke or suspend any, or all, applicable approvals and permits pertaining to any provision of this chapter.
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, and/or imprisonment for a period not exceeding 30 days for each violation. Each day that the violation continues shall be a separate offense, and penalties shall be cumulative.
B. 
In addition, the Borough 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.
A. 
Any person aggrieved by any action of the Borough Engineer or his designee, relevant to the provisions of this chapter, may appeal to the Borough Council which shall hold a hearing pursuant to the Local Agency Law, 2 Pa.C.S.A. § 551 et seq., within 30 days of that action.
B. 
Any person aggrieved by any decision of the Borough Council, relevant to the above appeal of this chapter, may appeal to the Cumberland County Court of Common Pleas within 30 days of the Borough Council's decision.