[Amended 11-21-2006 by Ord. No. 990]
A. Any person violating the provisions of this chapter, upon conviction
thereof, shall be sentenced to a fine of not less than $300 nor more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 30 days. Each day that
the violation continues shall constitute a separate offense and the
applicable fines are cumulative.
B. 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.
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 state the nature of the violation(s)
and establish a time limit for correction of these violation(s). Failure
to comply within the time specified shall subject such person to the
penalty provisions of this chapter. All such penalties shall be deemed
cumulative and shall not prevent the Borough from pursuing any and
all 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.
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. It shall be unlawful for any person, firm, or corporation to undertake any regulated activity under §Â
525-5 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 drainage 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)Â 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)Â Provide a set of as-built (record) drawings.
D. After receipt of the certification by the Borough, a final inspection
shall be conducted by the Borough Engineer or designated representative
to certify compliance with this chapter.
E. Prior to revocation or suspension of a permit and at the request
of the applicant, the Borough Council will schedule a hearing to discuss
the noncompliance if there is no immediate danger to life, public
health, or property. The expense of a hearing shall be the applicant's
responsibility.
F. Occupancy permit. An occupancy permit shall not be issued unless the certification of completion pursuant to Subsection
C(1) has been secured. The occupancy permit shall be required for each lot owner and/or applicant for all subdivisions and land developments in the Borough.