[Ord. 252, 5/24/2004, § 801]
Upon presentation of proper credentials, duly authorized representatives
of the Borough 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.
[Ord. 252, 5/24/2004, § 802]
In the event that a person fails to comply with the requirements
of this chapter, or fails to conform to the requirements of any permit
issued hereunder, the Borough shall provide written notification of
the violation. Such notification shall set forth the nature of the
violation(s) and establish a time limit for correction of these violations(s).
Failure to comply within the time specified shall subject such person
to the penalty provision of this chapter. All such penalties shall
be deemed cumulative. In addition, the Borough may pursue any and
all other remedies. It shall be the responsibility of the owner of
the real property on which any regulated activity is proposed to occur,
is occurring, or has occurred, to comply with the terms and conditions
of this chapter.
[Ord. 252, 5/24/2004, § 803]
1. The Borough Council is hereby authorized and directed to enforce
all of the provisions of this chapter. All inspections regarding compliance
with the drainage plan shall be the responsibility of the Borough
Engineer or other qualified persons designated by the Borough.
A. A set of design plans approved by the Borough shall be on file at
the site throughout the duration of the construction activity. Periodic
inspections may be made by the Borough or designee during construction.
B. Adherence to Approved Plan. It shall be unlawful for any person, firm or corporation to undertake any regulated activity under §
25A-104 on any property except as provided for in the approved drainage plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any control structure required by the stormwater management site plan pursuant to this chapter or to allow the property to remain in a condition which does not conform to the approved drainage plan.
C. At the completion of the project, and as a prerequisite for the release
of the performance guarantee, the owner or his representatives shall:
(1)
Provide a certification of completion from an engineer, architect,
surveyor or other qualified person verifying that all permanent facilities
have been constructed according to the plans and specifications and
approved revisions thereto.
(2)
Provide a set of as-built drawings.
D. After receipt of the certification by the Borough, a final inspection
shall be conducted by the Borough Council or its designee to certify
compliance with this chapter.
E. Prior to revocation or suspension of a permit, the Borough Council
will schedule a hearing to discuss the non-compliance if there is
no immediate danger to life, public health or property.
F. Suspension and Revocation of Permits.
(1)
Any permit issued under this chapter may be suspended or revoked
by the Borough Council for:
(a)
Non-compliance with or failure to implement any provision of
the permit.
(b)
A violation of any provision of this chapter or any other applicable
law, ordinance, rule or regulation relating to the project.
(c)
The creation of any condition or the commission of any act during
construction or development which constitutes or creates a hazard
or nuisance, pollution or which endangers the life or property of
others.
(2)
A suspended permit shall be reinstated by the Borough Council
when:
(a)
The Borough Engineer or his designee has inspected and approved
the corrections to the stormwater management and erosion and sediment
pollution control measure(s), or the elimination of the hazard or
nuisance.
(b)
The Borough Council is satisfied that the violation of this
chapter, law, or rule and regulation has been corrected.
(c)
A permit that has been revoked by the Borough Council cannot
be reinstated. The applicant may apply for a new permit under the
procedures outlined in this chapter.
G. Occupancy Permit. An occupancy permit shall not be issued unless
the certification of compliance has been secured. The occupancy permit
shall be required for each lot owner and/or developer for all subdivisions
and land development in the Borough.
[Ord. 252, 5/24/2004, § 804]
1. The violation of any provision of this chapter is hereby deemed a
public nuisance.
2. Each day that a violation continues shall constitute a separate violation.
[Ord. 252, 5/24/2004, § 805]
1. Anyone violating the provisions of this chapter shall be guilty of
a misdemeanor, and upon conviction shall be subject to a fine of not
more than $1,000 for each violation, recoverable with costs, or imprisonment
of not more than 10 days, or both. Each day that the violation continues
shall be a separate offense.
2. In addition, the Borough, through its Solicitor, 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. 252, 5/24/2004, § 806]
1. Any person aggrieved by any action of the Borough or its designee,
relevant the provisions of this chapter, may appeal to the Borough
Zoning Hearing Board within 30 days of that action.
2. Any person aggrieved by any decision of the Borough Zoning Hearing
Board, relevant to the provisions of this chapter, may appeal to the
County Court of Common Pleas in the county where the activity has
taken place within 30 days of the Zoning Hearing Board's decision.