[Ord. 00075, 4/14/2014, § 17-901]
Upon presentation of proper credentials, duly authorized representatives
of the Borough may enter at reasonable times upon any property within
the Borough to investigate or ascertain the condition of the subject
property in regard to any aspect regulated by this chapter.
[Ord. 00075, 4/14/2014, § 17-902]
1. The Borough Council or its Designee is hereby authorized to enforce
all of the provisions of this chapter.
A. Any permit or approval issued by the Borough pursuant to this chapter
may be suspended by the Borough 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 provisions of this chapter or any other applicable
law, Chapter rule, or regulation relating to the regulated activity.
(3)
The creation of any condition or the commission of any act during
construction or development that constitutes or creates a hazard,
nuisance, pollution or endangers the life or property of others.
B. A suspended permit may be reinstated by the Borough when:
(1)
The Borough has inspected and approved the corrections to the
violation that caused the suspension.
(2)
The Borough is satisfied that the violation has been corrected.
C. It shall be unlawful for any person, firm, or corporation to undertake
any activity under this chapter on any property except as provided
for in the approved stormwater management 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 plan pursuant
to this chapter or to allow the property to remain in a condition
which does not conform to the approved stormwater management plan.
D. An occupancy permit shall not be issued unless satisfactory inspection
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.
E. It shall also be a violation of this chapter to commit any of the
following acts.
(1)
To commence and disturbance activities for which an approved
stormwater management plan is required prior to approval of said plan.
(2)
To install, repair, modify or alter stormwater management facilities
prior to obtaining an approved stormwater management plan.
(3)
To misuse or fail to maintain any stormwater management facility
installed upon a property.
(4)
To construct any improvements upon, grade, fill, or take any
other action which will impair the proper functioning of any stormwater
management facility.
(5)
To place false information on or omit relevant information from
a stormwater management plan or application.
(6)
To fail to comply with any other provisions of this chapter.
[Ord. 00075, 4/14/2014, § 17-903]
1. Any person who or which has violated any provisions of this chapter,
shall, upon a judicial determination thereof, be subject to civil
judgment of not less than $100, or more than $600, for each violation,
recoverable with costs, Borough expenses, and the Borough's reasonable
attorney's fees. Each day (or part thereof) that a violation
occurs shall constitute a separate offense. All moneys shall be paid
to Akron Borough.
2. In addition, the Borough may institute injunctive, mandamus or any
other appropriate action or proceeding at law or in equity for the
enforcement of this chapter, and may request 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, and the Borough may recover its reasonable attorneys fees
and costs for such suit in the event it is successful.
[Ord. 00075, 4/14/2014, § 17-904]
1. Any person aggrieved by any administrative action of the Borough
may appeal to Council within 30 days of that action. Any such appeal
shall be governed by the procedures of Part V of the Local Agency
Law, 2 Pa.C.S.A. § 401 et seq.
2. Any person aggrieved by any decision of Council may appeal to the
Lancaster County Court of Common Pleas, in accordance with Part VII
of Local Agency Law, 2 Pa.C.S.A. § 701 et seq., the Local
Agency Law, within 30 days of that decision.
[Ord. 00075, 4/14/2014, § 17-905]
1. The provisions of this chapter not relating to water quality are
intended as minimum standards for the protection of the public health,
safety, and welfare. The Borough reserves the right to modify or to
extend them conditionally in individual cases as may be necessary
in the public interest; provided, however, that such variation shall
not have the effect of nullifying the intent and purpose of this chapter,
and that the applicant shows that to the satisfaction of the Borough
that the applicable regulation is unreasonable, or will cause undue
hardship, or that an alternative proposal will allow for equal or
better results. The list of such modifications, along with an explanation
of and justification for each modification, shall be included on the
plan. This section does not apply during an enforcement action.
2. In granting waivers/modifications for provisions of this chapter
not relating to water quality, the Borough may impose such conditions
as will, in its judgment, secure substantially the objectives of the
standards and requirements of this chapter.
3. The Borough Council may delegate any initial determination of Chapter
violations, service of notice of violation and enforcement thereof,
to such Designee as Borough Council shall deem, from time to time,
qualified for that purpose.
4. All appendices to this chapter are for reference only and may be
changed, from time to time, by resolution of the Board of Supervisors
as may be fitting for changed circumstances, evolution of legal principals,
evolution of engineering principals and concepts, ease of use, or
for any other reasonable purposes, as the Board of Supervisors shall,
by Resolution, find to be in the best interests of the Township.