Upon presentation of proper credentials, the municipality may
enter at reasonable times upon any property within the municipality
to inspect the condition of the stormwater structures and facilities
in regard to any aspect regulated by this chapter.
SWM BMPs shall be inspected by the landowner, or the owner's
designee (including municipality for dedicated and owned facilities)
according to the following list of minimum frequencies:
A.
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 § 386-10.
C.
Inspections regarding compliance with the SWM site plan are a responsibility
of the municipality.
D.
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
time to implement the required corrective measures. If such action
is not taken by the property owner, the municipality may cause the
work to be done and back-charge all costs to the property owners in
accordance with this chapter.
A.
Any approval or permit issued may be suspended or revoked by the
municipality for:
(1)
Noncompliance with or failure to implement any provision of the approved
SWM site plan or operation and maintenance agreement.
(2)
A violation of any provision 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
the regulated activity which constitutes or creates a hazard or nuisance,
pollution, or which endangers the life or property of others.
C.
An approval that has been revoked by the municipality cannot be reinstated.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 chapter.
D.
If a violation causes no immediate danger to life, public health,
or property, at its sole discretion, the municipality shall provide
a reasonable time frame 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 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.
Any person who fails to comply with this chapter within the
period stated in the notice of the designated municipal representative
shall, upon conviction thereof, be guilty of a summary offense, and
shall be sentenced to pay a penalty of not more than $300. Each and
every day of continued violation and of each specific violation shall
constitute a separate violation.
A.
In the event that the owner, developer, occupant, applicant, property
manager or other person responsible fails to comply with the terms
of this chapter within the time specified by the municipal representative,
the municipality may take any actions necessary to remove the public
nuisance. The costs of removal of the violation shall be in addition
to any penalties for violations for failure to comply.
B.
In addition to the fines for violations, costs, and penalties provided
for by this article, the municipality may institute proceedings in
courts of equity to require owner and/or occupants of real estate
to comply with the provision of this chapter.
C.
The cost of removal, fine, 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.
A.
Any person aggrieved by any action of the municipality or its designee,
relevant to the provisions of this chapter, may appeal to the Appeal
Board within 30 days of that action. The Appeal Board may include
a committee of stormwater professionals designated and authorized
by the municipality.
(1)
The Appeal Board that is authorized may grant an appeal to modify
the requirements of one or more provisions if the application of this
chapter will exact undue hardship due to peculiar conditions pertaining
to the land in question, providing such modification will not be contrary
to the public interest and that the purpose and intent of this chapter
is observed.
(2)
All appeals to the Appeal Board shall be in writing. The appeal shall
state in full the grounds and facts of unreasonableness or hardship
on which the request is based, the provision(s) of this chapter at
issue, and the minimum modification necessary.
(3)
Any appeal may be referred to the respective Municipal Planning Commission
and governing body for advisory comments.
B.
Any person aggrieved by any decision of the Appeal Board, relevant
to the provisions of this chapter, may appeal to the Court of Common
Pleas of Lycoming County within 30 days of the Appeal Board's
decision.