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.
[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.