Upon presentation of proper credentials, the municipality (by
and through the Old Forge Borough duly appointed engineer or engineering
firm; Old Forge Borough Code Enforcement Officer; or an employees
or designees appointed from time to time by the Council of the Borough
of Old Forge designated to enforce this chapter) 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An approval that has been revoked by the municipality cannot be reinstated.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 $500 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.