Upon presentation of proper credentials, the municipality or
its designated agent 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.
A.
The landowner or the owner's designee (including the municipality
for dedicated and owned facilities) shall inspect SWM BMPs, facilities
and/or structures installed under this chapter according to the following
frequencies, at a minimum, to ensure the BMPs, facilities and/or structures
continue to function as intended:
B.
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.
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An approval that has been revoked by the municipality cannot be reinstated.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.
In any proposed development involving an application under Article V or VII of the Municipalities Planning Code, 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.
(1)
Any person aggrieved by a decision of the municipality to grant or
deny an approval under this chapter may file an appeal within 30 days
from the date of the decision to the Borough Secretary. Such appeal
shall be filed in writing with the Borough Secretary and shall include
payment of an appeal filing fee in the amount of $100, with said filing
fee and/or such other amounts subject to be revised from time to time
by resolution of the Borough Council. The appellant shall pay all
actual costs incurred by the Borough, such as a court reporter's
appearance fee or advertising.
(2)
Upon the timely filing of such appeal, the Borough Council, or its
designated hearing officer or tribunal, shall hold a Local Agency
Law hearing and may affirm, modify or reverse the decision appealed
from; provided that, if the Borough Council designates a hearing officer
or tribunal to hear the appeal, such hearing officer or tribunal may
decide the appeal if so authorized by the Borough Council or, if not
authorized, shall conduct a hearing and make a record for the Borough
Council to use as the basis for deciding the appeal.
(3)
The Borough Council, or any designated officers or tribunal, may
impose, as part of its decision, any conditions and safeguards necessary
in order to protect the public health, safety and welfare or to protect
private or public property and to promote the objectives of this chapter
and may, as part of its decision, adjudicate constitutional law issues
and shall apply and interpret this chapter so as to avoid a taking
or other constitutional violation.
(4)
The Borough Council, or any designated hearing officer or tribunal
when authorized, may, upon appeal, grant relief from any substantive
requirement herein or full compliance with the requirement, due to
unique physical conditions of the land, where full compliance is not
reasonably possible and would not permit reasonable use of the property
and where waiving the requirement will not result in significant adverse
environmental consequences, damage, or danger to other property or
violation of other applicable laws or violations.
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.
C.
Any person aggrieved by an action of the municipality under this chapter not involving an application under Article V or VII of the Municipalities Planning Code may appeal to the Mt. Oliver Borough Zoning Hearing Board pursuant to Section 909.1(a)(9) of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10909.1.
