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 should be inspected by the landowner or the owner's designee (including the municipality for dedicated and owned facilities), 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.
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 § 292-13.
B. 
It shall be unlawful to violate § 292-29 of this chapter.
C. 
Inspections regarding compliance with the SWM site plan are a responsibility of the municipality.
A. 
Any approval or permit issued by the municipality pursuant to this chapter may be suspended or revoked 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 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, nuisance, pollution or endangers the life or property of others.
B. 
A suspended approval may be reinstated by the municipality when:
(1) 
The municipality has inspected and approved the corrections to the violations that caused the suspension.
(2) 
The municipality is satisfied that the violation has been corrected.
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An approval that has been revoked by the municipality cannot be reinstated.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 may provide a limited time period 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.
A. 
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to undergo imprisonment for not more than 30 days, provided that each violation of any provision of this chapter and each day the same is continued shall be deemed a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
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 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.
A. 
Any person aggrieved by any action of the municipality or its designee relevant to the provisions of this chapter may appeal to the municipality within 30 days of that action.
B. 
Any person aggrieved by any decision of the municipality 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 municipality's decision.