[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.
B. A suspended permit may be reinstated by the Borough when:
(1)
The Borough has inspected and approved the corrections to the
violation that caused the suspension;
(2)
The Borough is satisfied that the violation has been corrected.
[Ord. 954, 12/19/2013; as amended by Ord. No. 1004, 8/18/2022]
1. If the Borough determines that any requirement under this chapter cannot be achieved for a particular regulated activity, the Borough may, after an evaluation of alternatives, approve measures other than those in this chapter, subject to § 1005, Subsections
2 and
3.
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.