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. Inspections should be conducted during or immediately following
precipitation events. A written inspection report shall be created
to document each inspection. The inspection report shall contain the
date and time of the inspection, the individual( s) who completed
the inspection, the location of the BMP, facility or structure inspected,
observations on performance, and recommendations for improving performance,
if applicable. Inspection reports shall be submitted to the municipality
within 30 days following completion of the inspection.
[Amended 2-3-2023 by Ord. No. 473]
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.
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An approval that has been revoked by the municipality cannot be reinstated.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.
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.
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.