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.
Borough Council is hereby authorized and directed to enforce
the provisions of this chapter.
A. Any permit or approval issued by the Borough pursuant to this chapter
may be suspended or revoked 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 or other approval granted under this chapter may
be reinstated by the Borough when:
(1) The Borough has inspected and approved the corrections to the violation
that caused the suspension; and
(2) The Borough is satisfied that the violation has been corrected.
C. An approval that has been revoked by the Borough cannot be reinstated.
The applicant may apply for a new approval under the provisions of
this chapter.
D. Notification of suspension or revocation of a stormwater management
permit. In the event of a suspension of a stormwater management permit,
the Borough shall provide written notification, by certified mail,
of the violation to the landowner at his last known address. Such
notification shall:
(1) Cite the specific violation, describe the requirements which have
not been met and cite the provisions of the chapter relied upon.
(2) Identify the specific protective measures to be taken.
(3) Assign a reasonable time period necessary for action or, in the case
of revocation, identify if the Borough has authorized protective measures
to be performed at the cost to the landowner.
(4) Identify the right of the landowner to request a hearing before the
Borough Council if aggrieved by the suspension.
Any person, partnership or corporation engaged in a regulated activity, as defined in §
226-22 of this chapter, shall implement the measures required by the stormwater management permit and this chapter. Any regulated activity conducted in violation of this chapter or the stormwater management permit is hereby declared a public nuisance.
The provisions, regulations, limitations and restrictions of
this chapter shall apply to regulated activities as defined by this
chapter.