A. 
Upon presentation of proper credentials, duly authorized representatives of Newtown Borough may enter at reasonable times upon any property within Newtown Borough to inspect the implementation, condition, or operation and maintenance of the stormwater facilities or best management practices (BMPs) in regard to any aspect governed by this chapter.
B. 
Landowners with stormwater facilities and BMPs on their property shall allow persons working on behalf of Newtown Borough ready access to all parts of the premises for the purposes of determining compliance with this chapter.
C. 
Persons working on behalf of Newtown Borough shall have the right to temporarily locate on any stormwater facility or BMP in Newtown Borough such devices as are necessary to conduct monitoring and/or sampling of the discharges from such stormwater facilities or BMP.
[Amended 8-13-2024 by Ord. No. 802]
Stormwater management (SWM) best management practices (BMPs) shall be inspected for proper operation by the landowner, or the owner's designee (including Newtown Borough for dedicated and owned facilities), as specified in the operations and maintenance (O&M) agreement.
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 Borough within 30 days following completion of the inspection.
[Amended 8-13-2024 by Ord. No. 802]
All inspections regarding compliance with the stormwater management (SWM) site plan and this chapter shall be the responsibility of Newtown Borough.
A. 
Whenever Newtown Borough finds that a person has violated a prohibition or failed to meet a requirement of this chapter, Newtown Borough may order compliance by written notice to the responsible person. Such notice may, without limitation, require the following remedies:
(1) 
Performance of monitoring, analyses, and reporting;
(2) 
Elimination of prohibited connections or discharges;
(3) 
Cessation of any violating discharges, practices, or operations;
(4) 
Abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(5) 
Payment of a fine to cover administrative and remediation costs;
(6) 
Implementation of stormwater facilities and best management practices (BMPs); and
(7) 
Operation and maintenance (O&M) of stormwater facilities and BMPs.
B. 
Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violations(s). Said notice may further advise that, if applicable, should the violator fail to take the required action within the established deadline, the work will be done by Newtown Borough and the expense may be charged to the violator.
C. 
Failure to comply within the time specified may subject a violator to the penalty provisions of this chapter. All such penalties shall be deemed cumulative and shall not prevent Newtown Borough from pursuing any and all other remedies available in law or equity.
D. 
It shall be unlawful for a person to undertake any regulated activity except as provided in an approved SWM Site Plan, unless specifically exempt in § 473-6.
A. 
Any building, land development, or other permit or approval issued by Newtown Borough may be suspended or revoked, in whole or in part, by Newtown Borough for:
(1) 
Noncompliance with or failure to implement any provision of the permit;
(2) 
A violation of any provision of this chapter; or
(3) 
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, health, or property of others.
B. 
A suspended permit may be reinstated by Newtown Borough when:
(1) 
Newtown Borough has inspected and approved the corrections to the stormwater facilities and BMPs or the elimination of the hazard or nuisance; and
(2) 
Newtown Borough is satisfied that all applicable violations in this chapter have been corrected.
C. 
Any permit or approval that has been revoked by Newtown Borough cannot be reinstated. The applicant may apply for a new permit under the procedures outlined of this chapter.
A. 
Any person violating the provisions of this chapter shall be subject to penalties that may range from liens against the property to fines for each violation, recoverable with costs. Each day that the violation continues shall constitute a separate offense and the applicable fines are cumulative.
B. 
In addition, Newtown Borough 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. 
As per the Pennsylvania Municipalities Planning Code (MPC), Section 909.1(9),[1] any person aggrieved by any action pursuant to this chapter may appeal to the Newtown Borough Zoning Hearing Board within 30 days of that action.
[1]
Editor's Note: See 53 P.S. § 10909.1(9).
B. 
Any person aggrieved by any decision of the 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 municipal decision.