[Ord. 441, 7/2/2012]
1. 
Upon presentation of proper credentials, the Borough Engineer, Borough officials or their designee may enter at reasonable times upon any property within the Borough to inspect the condition of the stormwater structures and facilities in regard to any aspect regulated by this chapter.
2. 
Inspections regarding compliance with the SWM site plan may be conducted by the Borough at any time when there may be a question of compliance with the approved SWM site plan or the approved O&M plan or when any condition exists that may threaten public health, safety, or welfare.
[Ord. 441, 7/2/2012]
1. 
SWM BMPs shall be inspected by the landowner, or landowner's designee (which shall include the Borough where such facilities have been dedicated to the Borough), or the owner's designee, according to the following list of minimum 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, i.e., a storm of an estimated frequency of recurrence of 10 years or greater interval of time.
D. 
At any other interval as may be specified in the approved O&M agreement.
2. 
The Borough may require copies of the inspection reports, in a form acceptable to the Borough.
[Ord. 441, 7/2/2012]
1. 
Any SWM site plan approval issued by the Borough pursuant to this chapter may be suspended or revoked for any of the following reasons:
A. 
Noncompliance with or failure to implement any provision of the approved SWM site plan or O&M plan.
B. 
A violation of any provision of this chapter or any other applicable law, ordinance, rule, or regulation relating to the regulated activity.
C. 
The creation of any condition or the conduct of any regulated activity which constitutes or creates a hazard, nuisance or pollution or endangers life or property.
2. 
A suspended SWM site plan approval may be reinstated by the Borough Council when the following conditions are met:
A. 
The Borough officials or their designee(s) have inspected and approved the corrections to the violations that caused the suspension.
B. 
The Borough Council is satisfied that the violation has been corrected.
3. 
An SWM site plan approval that has been revoked by the Borough Council shall not be reinstated. The applicant may apply for a new SWM site plan approval under the provisions of this chapter.
4. 
If a violation causes no immediate danger to life, public health, or property, the Borough Council may, at its sole discretion, provide a limited time period for the owner to correct the violation. In these cases, the Borough Council will provide the owner, or the owner's designee, with a written notice of the violation and the time period allowed for the owner to correct the violation. If the owner does not correct the violation within the allowed time period, the municipality may revoke or suspend any, or all, applicable approvals and permits pertaining to any provision of this chapter.
[Ord. 441, 7/2/2012]
The Borough may institute injunctive, mandamus, or any other appropriate action or proceeding at law or in equity for the enforcement of this chapter when the Borough determines that a property owner or developer has initiated a regulated activity without receiving SWM site plan approval, that a property owner or developer has failed to comply with an approved SWM site plan or approved O&M plan, or that a property owner or developer has violated any other provision of this chapter. 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.
[Ord. 441, 7/2/2012]
1. 
Anyone violating the provisions of this chapter shall be guilty of a summary offense and, upon conviction, shall be subject to a fine of not more than $1,000 for each violation, recoverable with costs. Each day that the violation continues shall be a separate offense and penalties shall be cumulative.
2. 
In addition, the Borough may institute injunctive, mandamus, or any other appropriate action or proceeding at law or in equity for the enforcement of this chapter. 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.
[Ord. 441, 7/2/2012]
1. 
Any person aggrieved by any action of the Borough or its designee, relevant to the enforcement of the provisions of this chapter, may appeal said action to the Borough Council within 30 days of that action.
2. 
Any person aggrieved by any decision of the Borough Council regarding the appeal of any action of the Borough or its designee may appeal the decision to the Adams County Court of Common Pleas within 30 days of the decision of the Borough Council.