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
Part 2.
In the event that a person fails to comply with the requirements
of this Part 2, 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
such person to the penalty provisions of this Part 2. All such penalties
shall be deemed cumulative and present by the Municipality from pursuing
any and all 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 Part 2.
The municipality is hereby authorized and directed to enforce
all of the provisions of this Part 2. All inspections regarding compliance
with the drainage 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 the construction activity.
Periodic inspections may be made by the Municipality or designee during
construction.
B.
Adherence to approved plan. It shall be unlawful for any person, firm or corporation to undertake any regulated activity under § 129-37 on any property except as provided for in the approved drainage plan and pursuant to the requirements of this Part 2. It shall be unlawful to alter or remove any control structure required by the drainage plan pursuant to this Part 2 or to allow the property to remain in a condition which does not conform to the approved drainage plan.
C.
At the completion of the project, and as a prerequisite for the release
of the performance guarantee, applicant shall:
(1)
Provide a certification of completion from an engineer, 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 as-built (record) drawings.
(3)
After receipt of the certification by the municipality, a final inspection
shall be conducted by the Municipal Engineer or designated representative
to certify compliance with this Part 2.
D.
Suspension and revocation of permits.
(1)
Any permit issued under this Part 2 may be suspended or revoked by
the governing body for:
(a)
Noncompliance with or failure to implement any provision of
the permit.
(b)
A violation of any provision of this Part 2 or any other applicable
law, ordinance, rule, or regulation relating to the project.
(c)
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.
(2)
A suspended permit shall be reinstated by the governing body when:
(a)
The Municipal Engineer or a designee has inspected and approved
the corrections to the stormwater management and erosion and sediment
pollution control measure(s), or the elimination of the hazard or
nuisance, and/or;
(b)
The governing body is satisfied that the violation of the ordinance,
law, or rule and regulation has been corrected.
(c)
A permit that has been revoked by the governing body cannot
be reinstated. The applicant may apply for a new permit under the
procedures outlined in this Part 2.
(d)
Prior to revocation or suspension of a permit, the governing
body will schedule a hearing to discuss the noncompliance if there
is no immediate danger to life, public health or property.
E.
Occupancy permit. An occupancy permit shall not be issued unless
the certification of compliance has been secured. The occupancy permit
shall be required for each lot owner and/or applicant for all subdivisions
and land development in the municipality.
A.
Violations of Part 2 of this chapter shall be enforced by a criminal action in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. A person convicted of violating Part 2 of this chapter shall be sentenced to pay a fine not to exceed $1,000 per violation, plus court costs and reasonable attorneys' fees incurred by the Borough of Sellersville, or to imprisonment for not more than 90 days, or both. Violations of more than one provision of Part 2 of this chapter shall constitute separate violations. Each day that a violation of any provision of Part 2 of this chapter continues or occurs shall constitute a separate violation.
[Amended 10-12-2015 by Ord. No. 703]
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 Part 2. 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 Sellersville Borough or its
designee may appeal to Sellersville Borough Council or Sellersville
Borough Zoning Hearing Board within 30 days of that action.
B.
Any person aggrieved by any decision of Sellersville Borough Council
may appeal to the Court of Common Pleas of Bucks County within 30
days of the Municipal decision.
