[Ord. 954, 12/19/2013]
Upon presentation of proper credentials, duly authorized representatives
of the Borough may enter at reasonable times upon any property within
the Borough to investigate or ascertain the condition of the subject
property in regard to any aspect regulated by this chapter.
[Ord. 954, 12/19/2013]
The Borough Council is hereby authorized and directed to enforce
all of the provisions of this chapter.
A.
Any permit or approval issued by the Borough of Elizabethtown pursuant
to this chapter may be suspended by the Borough 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, pollution or endangers the life or property of others.
[Ord. 954, 12/19/2013]
1.
It shall be a violation of this chapter to commit or permit any other
person to commit any of the following acts:
A.
To commence regulated activities prior to obtaining unconditional
approval of an SWM site plan or in violation of the terms or conditions
of an SWM site plan approved under this chapter.
B.
To install, repair, modify or alter SWM facilities prior to obtaining
approvals under this chapter or in a manner which violates the terms
and conditions of any approval issued under this chapter.
C.
To misuse or fail to maintain any SWM facility installed upon a property.
D.
To construct any improvements upon, grade, fill or take any other
action which will impair the proper functioning of any SWM facility.
E.
To place false information on or omit relevant information from an
application for approval under this chapter.
F.
To fail to comply with any other provisions of this chapter.
2.
For each violation of the provisions of this chapter, the owner,
agent, lessee, contractor or any other person who commits, takes part
in, or assists in any such violation shall be liable, upon conviction
thereof in a summary proceeding, to pay a fine of not less than $200
nor more than $1,000 for each offense, together with the costs of
prosecution. In accordance with Section 3321(6) of the Borough Code,[1] any person found guilty of violating this chapter may
be assessed reasonable attorneys' fees incurred by the Borough in
the enforcement proceeding. Each day or portion thereof in which a
violation exists shall be considered a separate violation of this
chapter, and each section of this chapter which is violated shall
be considered a separate violation.
[1]
Editor's Note: See 53 P.S. § 48321(6).
3.
The Borough may also institute suits to restrain, prevent, or abate
a violation of this chapter in equity or at law. Such proceedings
in equity or at law may be initiated before any court of competent
jurisdiction. In cases of emergency where, in the opinion of the court,
the circumstances of the case require immediate abatement of the unlawful
conduct, the court may, in its decree, fix a reasonable time during
which the person responsible for the unlawful conduct shall correct
or abate the same. The expense of such proceedings shall be recoverable
from the violator in such manner as may now or hereafter be provided
by law. In accordance with Section 3321(6) of the Borough Code, any
person found guilty of violating this chapter may be assessed reasonable
attorneys' fees incurred by the Borough in the enforcement proceeding.
4.
The Borough Council may also take actions relating to suspension
or revocation of permits set forth in § 1002.
5.
The Borough Council may, by resolution, appoint a Code Enforcement
Officer to enforce this chapter and may authorize such Code Enforcement
Officer to institute summary criminal proceedings without prior action
by the Borough Council.
[Ord. 954, 12/19/2013]
1.
Any person aggrieved by any administrative action of the Borough
may appeal to the Elizabethtown Borough Council within 30 days of
that action. Any such appeal shall be governed by the procedures of
Article V of the Local Agency Law, 2 Pa. C.S.A. § 501 et
seq.
2.
Any person aggrieved by any decision of the Borough Council may appeal
to the Lancaster County Court of Common Pleas in accordance with Article
VII of Local Agency Law, 2 Pa. C.S.A. § 701 et seq., the
Local Agency Law, within 30 days of that decision.
[Ord. 954, 12/19/2013; as amended by Ord. No. 1004, 8/18/2022]
2.
Waivers or modifications of the requirements of this chapter may
be approved by the Borough if enforcement will exact undue hardship
because of peculiar conditions pertaining to the land in question,
provided that the modifications will not be contrary to the public
interest and that the purpose of the chapter is preserved. Cost or
financial burden shall not be considered a hardship. Modification
may be considered if an alternative standard or approach will provide
equal or better achievement of the purpose of the chapter. A request
for modifications shall be in writing and accompany the stormwater
management site plan submission. The request shall provide the facts
on which the request is based, the provision(s) of the chapter involved
and the proposed modification.
3.
No waiver or modification of any regulated stormwater activity involving
earth disturbance greater than or equal to one acre may be granted
by the Borough unless that action is approved in advance by the Department
of Environmental Protection (DEP) or the delegated county conservation
district.
