[Ord. 291, 8/18/2014]
As a condition of approval of an applicant's stormwater management site plan, and upon presentation of proper credentials, the applicant agrees that the municipality, and/or their agents, may enter at reasonable times upon any property within the municipality to inspect the condition of the stormwater structures and facilities concerning any aspect regulated by this Part.
[Ord. 291, 8/18/2014]
1. 
SWM BMPs shall be inspected by the land owner/developer (including municipality for dedicated facilities) according to the following list of frequencies:
A. 
Annually for the first five years.
B. 
Once every three years thereafter,
C. 
During or immediately after the cessation of a ten-year or greater storm.
[Ord. 291, 8/18/2014]
1. 
It shall be unlawful for a person to undertake any regulated activity except as provided in an approved SWM site plan unless specifically exempted in § 112.
2. 
It shall be unlawful to alter, remove, or fail to implement any control structure required by the SWM site plan.
3. 
Compliance Inspections regarding implementation of the SWM site plan are a responsibility of the municipality.
[Ord. 291, 8/18/2014]
1. 
Any approval for a regulated activity may be suspended or revoked by the municipality for:
A. 
Noncompliance with, or failure to implement any provision of, the approval, including record drawings and operations and maintenance agreements.
B. 
A violation of any provision of this Part or any other applicable law, ordinance, rule or regulation relating to the regulated activity.
C. 
The creation of any condition or the commission of any act during the regulated activity which constitutes or creates a hazard or nuisance, or which endangers the life or property of others.
2. 
A suspended approval may be reinstated by the municipality when:
A. 
The municipality has inspected and approved the corrections to the violations that caused the suspension.
B. 
The municipality is satisfied that the violation has been corrected.
3. 
An approval that has been revoked by the municipality cannot be reinstated. The applicant may apply for a new approval under the provisions of this Part.
4. 
If a violation causes no immediate danger to life, public health, or property, at its sole discretion, the municipality may provide a limited time for the owner to correct the violation. In these cases, the municipality will provide the owner, or the owner's designee, with a written notice of the violation and the time allowed the owner to correct the violation. If the owner does not correct the violation within the allowed time, the municipality may revoke or suspend any, or all, applicable approvals and permits pertaining to any provision of this Part. In the alternative, the municipality may itself cure the violation and assess all costs thereof, including reasonable attorney fees and collection costs, against any responsible parties and by filing a municipal claim against the property benefitted by the stormwater management facilities.
[Ord. 291, 8/18/2014]
1. 
Any person violating the provisions of this Part may be assessed a civil penalty of not more than $500 for each violation, recoverable with costs. Each day that the violation continues constitutes a separate violation, and penalties shall be cumulative.
2. 
In addition, the municipality may institute injunctive, mandamus or any other appropriate action or proceeding at law or in equity for the enforcement of this Part. 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.
3. 
The cost of removal, fines, or cure of any violation, and penalties hereinabove mentioned, may be entered by the municipality as a lien against such property, or properties of individual members of a property owners' association, in accordance with existing provisions of law.
4. 
If the municipality determines at any time that any permanent stormwater management facility has been eliminated, altered, or improperly maintained, the municipality shall advise the responsible party of required corrective measures, and shall provide said responsible party with a specific period to implement the required corrective measures.
[Ord. 291, 8/18/2014]
1. 
Any person aggrieved by any action of the municipality or its designee, relevant to the provisions of this Part, may appeal to City Council within 30 days of that action.
2. 
Any person aggrieved by any decision of City Council, relevant to the provisions of this Part, may appeal to the County Court Of Common Pleas of Elk County within 30 days of the decision of City Council.