This chapter shall be known and may be cited as the "Municipality
of Monroeville) Stormwater Management Ordinance."
The governing body of the Municipality finds that:
A.
Inadequate management of accelerated runoff of stormwater resulting
from development throughout a watershed increases runoff volumes,
flows and velocities, contributes to erosion and sedimentation, overtaxes
the carrying capacity of streams and storm sewers, greatly increases
the cost of public facilities to carry and control stormwater, undermines
floodplain management and flood-control efforts in downstream communities,
reduces groundwater recharge, threatens public health and safety,
and increases nonpoint source pollution of water resources.
B.
A comprehensive program of stormwater management (SWM), including
regulation of development and activities causing accelerated runoff,
is fundamental to the public health, safety, and welfare and the protection
of people of the commonwealth, their resources, and the environment.
C.
Stormwater is an important water resource that provides groundwater
recharge for water supplies and supports the base flows of streams.
D.
The use of green infrastructure (GI) and low-impact development (LID)
are intended to address the root cause of water quality impairment
by using systems and practices which use or mimic natural processes
to infiltrate and recharge, evapotranspire, and/or harvest and use
precipitation near where it falls to earth. Green infrastructure practices
and LID contribute to the restoration or maintenance of predevelopment
hydrology.
E.
Federal and state regulations require certain municipalities to implement
a program of stormwater controls. These municipalities are required
to obtain a permit for stormwater discharges from their separate storm
sewer systems under the National Pollutant Discharge Elimination System
(NPDES) program.
Statutory authority.
The standards contained herein shall apply to all regulated
activities within the Municipality and all stormwater runoff entering
the Municipality's separate storm sewer system from lands within and
tributary to the Municipal boundary, including the sources of such
runoff.
A.
Activities regulated by this chapter include, but are not limited
to, the following:
(1)
Land development.
(2)
Subdivision.
(3)
Construction of new or additional impervious or semipervious surfaces
(driveways, parking lots, etc.).
(4)
Construction of new buildings or additions to existing buildings.
(5)
Installation, maintenance, and alterations to stormwater management
facilities or appurtenances thereto.
(6)
Any earth disturbances or any activities that involve the alteration
or development of land or removal of trees and vegetation in a manner
that may affect post-construction stormwater runoff.
(7)
New earth-disturbance activities on a previously developed property,
which includes properties that have been graded, altered, and/or compacted,
whether or not any structures have been built.
(8)
The demolition or partial demolition of an existing facility, however
such work required for building or site maintenance, parking lot resurfacing,
roof replacement, building exterior repairs, etc., shall not constitute
a regulated activity unless deemed so by the Municipality.
(9)
Construction of new buildings or facilities in existing impervious
or semipervious areas.
A.
If the Municipality determines that any requirement under this chapter cannot be achieved for a particular regulated activity, the Municipality may, after an evaluation of alternatives, approve measures other than those in this chapter, subject to § 319-6B. The proposed area of disturbance shall be less than one acre. The request for a modification or waiver shall originate with the landowner, shall be in writing, and shall accompany the stormwater management site plan submitted to the Municipality. The request shall provide the facts on which the request is based, the provisions of the chapter involved, and the proposed modification. The designated plan reviewer shall review the request to determine if it meets the requirements of the chapter, including Subsection B below. If acceptable to the Municipality, the Municipality may grant the waiver or modification.
B.
Waivers or modifications of the requirements of this chapter may be approved by the Municipality if enforcement will exact undue hardship because of unique physical circumstances or conditions peculiar to the land in question, provided that the modifications will not be contrary or detrimental to the public interest and will achieve the intended outcome, and that the purpose of the chapter is preserved. Hardship must be due to such unique physical circumstances or conditions and not to circumstances or conditions generally created by the provisions of this chapter. Cost or financial burden shall not be considered a hardship. Modifications shall not substantially or permanently impair the appropriate use or development of adjacent property. A request for modifications shall be in writing and accompany the stormwater management site plan submission, as directed in § 319-6A above.
C.
Some activities may be exempted by request of the applicant from
the full requirements of this chapter as detailed below. Unless specifically
noted as automatic, exemption requests must be submitted to and approved
by the Municipality. The Municipality reserves the right to deny exemptions
where the exemption is deemed by the Municipality to violate the goals
and objectives of the chapter. The exemption shall only apply to the
portions of this chapter specifically noted, and all other stormwater
management design elements, such as a storm sewer system, road culverts,
erosion and sedimentation control, etc., shall still be required.
D.
There can be no exemptions for activities which will result in a
total earth disturbance exceeding one acre.
E.
The activity must not require site plan or land development plan
approval by the Municipality.
G.
Single-family detached residential exemption.
(1)
Individual detached single-family lots that are not part of an existing
subdivision with an approved stormwater management plan, existing
at the effective date of this chapter.
(2)
In the case of individual single-family lots existing at the effective
date of this chapter which are included in an existing stormwater
management plan, said plan shall remain valid and in full force.
(3)
Subdivision of one single-family detached residential lot into two
such lots or the revision of the lot line(s) between two such lots.
Should the Municipality suspect that repeated such subdivisions are
being used to circumvent the requirement for stormwater management,
the Municipality reserves the right to deny the exemption.
H.
Loss exemption.
(1)
This exemption is applicable to an activity not classified as a single-family
detached home on an individual lot.
(2)
Should an act of nature or other type of property loss (i.e., fire,
wind, flooding, accident) cause damage to a property, necessitating
demolition of existing facilities, such work required to return the
site to its previous condition may be exempted.
I.
Emergency exemption.
(1)
Emergency maintenance work performed for the protection of public
health, safety and welfare may be exempted from the requirements in
this chapter to obtain approval for a stormwater management plan before
commencement of the activity.
(2)
A written description of the scope and extent of any emergency work
performed shall be submitted to the Municipality within two calendar
days of the commencement of the activity.
(3)
If the Municipality finds that the work is not an emergency, then
the work shall cease immediately and may not resume until a stormwater
management plan is submitted and approved.
(4)
Unless the emergency work meets the criteria for another exemption,
the project will still need to comply with this entire chapter; this
exemption simply allows emergency work to proceed immediately.
J.
Stormwater maintenance exemption.
(1)
Maintenance work performed on an existing stormwater management facility
that was installed in accordance with plans and specifications approved
by the Municipal Engineer or Municipality may be exempted from the
requirements of this chapter.
(2)
The Municipality shall be notified, in writing, a minimum of three
working days in advance of the proposed maintenance work, with such
notice to include a description of the proposed work.
(3)
Work should be completed in compliance with the approved operation
and maintenance plan.
(4)
Work cannot alter the system, only bring it back into compliance
with the original approved plan.
M.
Agricultural activities exemption.
(1)
Agricultural activities operated in accordance with a conservation
plan, nutrient management plan, or erosion and sedimentation control
plan approved by the Allegheny County Conservation District and in
accordance with 25 Pa. Code Chapter 102.
(2)
This exemption is by request which must be submitted to and approved
by the Municipality.
N.
Timber harvesting exemption.
(1)
Forest management and timber harvesting operations conducted in accordance with Chapter 340, Timber Harvesting, of the Code of the Municipality of Monroeville and according to the requirements of 25 Pa. Code Chapter 102.
(2)
This exemption is by request which must be submitted to and approved
by the Municipality.
O.
The following activities listed in § 319-6P through Q may be exempt from the requirement to submit a complete stormwater management plan, as well as the stormwater volume and rate requirements of this chapter, but shall not be exempted from the water quality treatment requirements, as follows:
(1)
Appropriate stormwater quality BMPs must be implemented on the site.
(2)
The applicant shall submit a narrative describing the proposed use
of BMPs on the site, including any calculations or justification for
their selection, and including the plans and agreements for the continued
operation and maintenance of the BMPs.
(3)
Exemptions will not be granted if the activity is found to be a significant
contributor of pollution to the waters of this commonwealth or if
the runoff from the activity impacts an adjacent property.
P.
Minor impact exemption.
(1)
This exemption is applicable to an activity not classified as a single-family
detached home on an individual lot.
(2)
The activity must involve less than 750 square feet (< 750 square
feet) of impervious surface, including both new impervious surfaces
and reconfigurations of existing impervious surfaces, and result in
a total earth disturbance of less than 5,000 square feet (< 5,000
square feet).
(3)
This exemption can only be applied once for each parcel. Subsequent,
or phased, regulated activities on the same or contiguous properties
which result in an overall total of 750 square feet or greater (> 750 square feet) of impervious surface, or 5,000 square
feet or greater (> 5,000 square feet) of total
earth disturbance shall be subject to the full requirements of this
chapter.
(4)
The square footage of any existing impervious surfaces that may be
permanently replaced with pervious surfaces on a project site may
not be deducted from the square footage of impervious surface created
to qualify for the exemption.
Q.
Vertical extension exemption.
(1)
This exemption is applicable to an activity not classified as a single-family
detached home on an individual lot.
(2)
The activity must involve only the vertical extension of a building or portion of a building, with an addition of the same size and shape as the building or portion thereof directly below the addition, and which require no earth-disturbance activities other than for the construction of said addition. applicants must submit a narrative as described in § 319-6O(2) and obtain municipal approval for the exemption.
R.
Roadway resurfacing and maintenance projects which do not increase
impervious area and underground infrastructure projects are exempt
from the provisions of this chapter, provided the activities meet
the requirements of all other municipal, state, and federal requirements.
S.
Voluntary green stormwater infrastructure (GSI) retrofit projects
that are solely intended to better manage runoff from existing development
and are not part of new development or redevelopment are exempt from
the stormwater management provisions of this chapter. This does not
exempt such projects from any other municipal, state, or federal regulation.
A.
The management of stormwater on-site, both during and upon completion of activities permitted under § 319-5A, shall be accomplished in accordance with the standards and criteria of this chapter. The design of any temporary or permanent facilities and structures and the utilization of any natural drainage systems shall be in full compliance with these requirements.
B.
The intent of these design standards is to encourage environmentally
sound stormwater management practices that provide necessary drainage
facilities while protecting the hydrologic characteristics and water
quality of the site and watershed. Stormwater management controls
shall blend into the natural environment and be aesthetically integrated
into the site design to the maximum extent practicable.
C.
Applicants shall refer to the Pennsylvania Stormwater Best Management
Practices Manual, as amended, Pennsylvania Handbook of Best Management
Practices for Developing Areas (PACD, 1998), the 2000 Maryland Stormwater
Design Manual (MDE 2000) or other appropriate references for guidance
in the design of stormwater management facilities most appropriate
to individual site conditions. In addition, applicants are strongly
encouraged to use both structural and nonstructural stormwater management
practices that reduce or eliminate the need for detention basins.
If methods other than green infrastructure and LID methods are proposed
to achieve the volume and rate controls required under this chapter,
the SWM site plan must include a detailed justification, acceptable
to the designated plan reviewer, demonstrating that the use of LID
and green infrastructure is not practicable.
D.
All SWM design work must be prepared and sealed by a registered professional
engineer or landscape architect with training and experience in hydrology
and hydraulics and licensed in the Commonwealth of Pennsylvania. All
designs proposing the use of a SWM retention or detention facility
shall be prepared and sealed by a registered professional engineer
licensed in the Commonwealth of Pennsylvania.
E.
All development activity within a floodplain designated by the Federal Emergency Management Agency (FEMA) shall also comply with Chapter 359, Zoning.
F.
The stormwater management system shall not create an adverse impact
on stormwater quantity or quality in either upstream or downstream
areas. Off-site areas which discharge to or across a site proposed
for development shall be addressed in the stormwater management plan
prepared for the development.
G.
Existing wetlands shall not be used to meet the minimum design requirements
for stormwater management or stormwater runoff quality treatment,
except when used as part of a treatment train that incorporates a
portion of the outer zone (filter strip) of the wetland's riparian
buffer as a stormwater outfall.
H.
Neither submission of a plan under the provisions herein nor compliance
with the provisions of these regulations shall relieve any person
from responsibility for damage to any person or property otherwise
imposed by law.
I.
Where deemed necessary by the Municipal Engineer, or as addressed
in the Turtle Creek Watershed Act 167 Stormwater Management Plan,
the applicant shall construct storm sewers to convey on-site runoff
To the maximum extent permitted under the Municipalities Planning
Code[1] and Act 167,[2] or any amendments thereto, provide on-site/off-site drainage
easements; and provide for the conveyance of off-site runoff to an
acceptable outlet in the same watershed.
J.
Where watercourses traverse a development site, drainage easements
shall be provided conforming to the line of such watercourses. The
terms of the easements shall prohibit excavation, the placing of fill
or structures, except as needed for roadways, driveways and walkways,
or any alterations that may adversely affect the flow of stormwater
within any portions of the easement, and require the establishment
and protection of riparian buffers.
K.
L.
Any regulated activity that may affect the stormwater flows toward
or onto a state or county highway or Pennsylvania Turnpike right-of-way
or facility shall be designed, implemented, operated, and maintained
in accordance with the regulations of the Pennsylvania Department
of Transportation (PennDOT), the Pennsylvania Turnpike Commission,
or Allegheny County, respectively.
M.
At the time of application for a building permit for any approved
lot created by a subdivision and/or improved as a land development
project, issuance of the permit shall be conditioned upon adherence
to the terms of this chapter.
N.
For all regulated earth-disturbance activities, erosion and sediment
control BMPs shall be designed, implemented, operated, and maintained
during the regulated earth-disturbance activities (e.g., during construction)
to meet the purposes and requirements of this chapter and to meet
all requirements under the Pennsylvania Code Title 25 and the Clean
Streams Law. Various BMPs and their design standards are listed in
the Erosion and Sediment Pollution Control Program Manual (E&S
Manual), No. 363-2134-008, as amended and updated.
O.
No regulated earth-disturbance activities within the Municipality
shall commence until the requirements of this chapter are met.
P.
Operations and maintenance of permanent stormwater BMPs shall be addressed as required by Article IV.
Q.
Impervious areas:
(1)
The measurement of impervious areas shall include all of the impervious
areas in the total proposed development even if development is to
take place in stages.
(2)
For development taking place in stages, the entire development plan
must be used in determining conformance with this chapter.
(3)
For projects that add impervious area to a parcel, the total impervious area on the parcel is subject to the requirements of this chapter; except that the volume controls in § 319-19C(3) and the peak rate controls of § 319-19C(2) do not need to be retrofitted to existing impervious areas that are not being altered by the proposed regulated activity.
R.
Stormwater flows onto adjacent or downstream property shall not be
created, increased, decreased, relocated, impeded, or otherwise altered
without written notification of the affected property owner(s). Notification
shall include a description of the proposed development and the stormwater
flows that are being created, increased, decreased, relocated, impeded,
or otherwise altered. Adjacent property shall at a minimum include
any property having a shared boundary with the subject property of
the SWM site plan; however, if in the judgment of the designated plan
reviewer additional properties are being affected, additional notifications
may be required. Proof of notification (signed postal receipt for
example) shall be included as part of the SWM plan submission to the
Municipality. Such stormwater flows shall be subject to the requirements
of this chapter.
S.
All regulated activities shall include such measures as necessary
to:
(1)
Protect health, safety, and property.
(2)
Meet the water quality goals of this chapter by implementing measures
to:
(a)
Minimize disturbance to floodplains, wetlands, and wooded areas.
(b)
Maintain or extend riparian buffers.
(c)
Avoid erosive flow conditions in natural flow pathways.
(d)
Minimize thermal impacts to waters of this commonwealth.
(e)
Disconnect impervious surfaces by directing runoff to pervious
areas, wherever possible.
(f)
Reduce sediment loading of receiving watercourses.
T.
Nonstructural stormwater management practices are encouraged because
they reduce the costs of complying with the requirements of this chapter
and the State Water Quality Requirements. A listing of nonstructural
stormwater management practices accepted by the Municipality is on
file in the office of the Engineering Department and may be amended
from time to time.
U.
In selecting the appropriate BMPs or combinations thereof, the applicant
shall consider the following:
(1)
Total contributing area.
(2)
Permeability and infiltration rate of the site soils.
(3)
Slope and depth to bedrock.
(4)
Seasonal high-water table.
(5)
Proximity to building foundations and wellheads.
(6)
Erodibility of soils.
(7)
Land availability and configuration of the topography.
(8)
Peak discharge and required volume control.
(9)
Stream bank erosion.
(10)
Efficiency of the BMPs to mitigate potential water quality problems.
(11)
The volume of runoff that will be effectively treated.
(12)
The nature of the pollutant being removed.
(13)
Maintenance requirements.
(14)
Creation/protection of aquatic and wildlife habitat.
V.
Transference of runoff from one DEP-designated Act 167 watershed
to another shall be prohibited unless approved by the Municipality.
Any ordinance or ordinance provision of the Municipality inconsistent
with any of the provisions of this chapter is hereby repealed to the
extent of the inconsistency only; provided, however, that this repeal
shall in no manner be construed as a waiver, release or relinquishment
of the right to initiate, pursue or prosecute, as the case may be,
any proceeding at law or in equity pertaining to any act done which
would have constituted a violation of such prior ordinance or ordinance
provision. All of said ordinance or ordinance provisions shall remain
in full force and effect and are not repealed hereby as they pertain
to such acts and to the processing of such plans filed prior to the
effective date of this chapter, which are protected from the effect
of intervening ordinances by Section 508(4) of the Pennsylvania Municipalities
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10508(4).
Should any section or provision of this chapter be declared
invalid by a court of competent jurisdiction, such determination of
invalidity shall not affect the validity of the remaining provisions
of this chapter.
Permits and approvals issued pursuant to this chapter shall
not relieve the applicant of the responsibility to comply with or
to secure other required permits or approvals for activities regulated
by any other applicable code, rule, act, statute or ordinance. This
chapter shall not preclude the inclusion in such other permit of more
stringent requirements concerning regulation of stormwater and erosion.
Where a conflict exists between a provision within this chapter and
that of the PADEP Phase II NPDES regulations, as amended, or any other
ordinance of the Municipality, the more stringent requirements shall
govern.
A.
All regulated earth-disturbance activities are subject to permit
requirements by PADEP under regulations at 25 Pa. Code Chapter 102.
C.
Any stormwater management facility that would be located in or adjacent to waters of this commonwealth, including wetlands, is subject to permit by PADEP under 25 Pa. Code Chapter 105.
D.
Any stormwater management facility that would be located in a state,
county, or Pennsylvania Turnpike highway right-of-way, or require
access to/from the same, shall be subject to approval by the Pennsylvania
Department of Transportation (PennDOT), Pennsylvania Turnpike Commission,
or county.
Any permit or authorization issued or approved based on false,
misleading or erroneous information provided by an applicant is void
without the necessity of any proceedings for revocation. Any work
undertaken or use established pursuant to such permit or other authorization
is unlawful. No action may be taken by a board, agency or employee
of the Municipality purporting to validate such a violation.
Any reference to a statute, regulation or standard, shall be
interpreted to refer to the latest or most current version of that
document.
A.
No regulated earth-disturbance activities within the Municipality
shall commence until the Municipality receives a copy of any required
approvals from the Allegheny County Conservation District or PADEP
for an erosion and sediment control plan.
B.
PADEP has regulations requiring an erosion and sediment control plan
for any earth-disturbance activity of 5,000 square feet or more, under
25 Pa. Code § 102.4(b).
C.
In addition, under 25 Pa. Code Chapter 102, a PADEP NPDES Permit
for Stormwater Discharges Associated with Construction Activities
permit is required for regulated earth-disturbance activities of one
acre or greater.
D.
A copy of the erosion and sediment control plan and any required
permits, as required by PADEP regulations, shall be available at the
project site at all times.
E.
Additional erosion and sediment control design standards and criteria
are recommended to be applied where infiltration BMPs are proposed
and shall include the following:
(1)
Areas proposed for infiltration BMPs shall be protected from sedimentation
and compaction during the construction phase to maintain maximum infiltration
capacity.
(2)
Infiltration BMPs shall not be constructed nor receive runoff until
the entire contributory drainage area to the infiltration BMP has
achieved final stabilization.
A.
No person in the Municipality shall allow, or cause to allow, stormwater
discharges into the Municipality's separate storm sewer system and/or
waters of this commonwealth which are not composed entirely of stormwater,
except:
B.
The following discharges are authorized unless they are determined
to be significant contributors of pollution to the waters of this
commonwealth:
(1)
Discharges or flows from firefighting activities.
(2)
Discharges from potable water sources, including water-line flushing
and fire hydrant flushing, if such discharges do not contain detectable
concentrations of total residual chlorine (TRC).
(3)
Noncontaminated irrigation water, water from lawn maintenance, landscape
drainage and flows from riparian habitats and wetlands.
(4)
Diverted stream flows and springs.
(5)
Noncontaminated pumped groundwater and water from foundation and
footing drains and crawl space pumps.
(6)
Noncontaminated HVAC condensation and water from geothermal systems.
(7)
Residential (i.e., not commercial) vehicle wash water where cleaning
agents are not utilized.
(8)
Noncontaminated hydrostatic test water discharges, if such discharges
do not contain detectable concentrations of TRC.
C.
In the event that the Municipality determines that any of the discharges identified in § 319-15B significantly contribute to pollution of waters of the commonwealth, or is so notified by PADEP, the Municipality or PADEP will notify the responsible person to cease the discharge. Upon receipt of such notice, the discharger will have a reasonable time, as determined by the Municipality, to cease the discharge, consistent with the degree of pollution caused by the discharge.
D.
Nothing in this section shall affect a discharger's responsibilities
under state law.
E.
Roof drains, under drains, sump pump discharges, and other private
drainage facilities shall be directed to a lawn area or other pervious
area no closer than five feet to a municipal roadway, unless permitted
otherwise, in writing, by the Municipality. If required by the Municipality,
the discharge shall be directed to an infiltration BMP. If approved,
in writing, by the Municipality, the discharge may be directly connected
to the storm sewer system. Under no circumstance shall any roof drains
be directly connected to sanitary sewers.
F.
The following connections are prohibited, except as provided in § 319-15B above:
(1)
Any drain or conveyance, whether on the surface or subsurface, which
allows any nonstormwater discharge, including sewage, process wastewater,
and wash water, to enter the separate storm sewer system, and any
connections to the storm sewer system from indoor drains and sinks.
(2)
Any drain or conveyance connected from a commercial or industrial
land use to the separate storm sewer system which has not been documented
in plans, maps, or equivalent records, and approved by the Municipality.
A.
Right of entry.
(1)
Upon presentation of proper credentials, the Municipality 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.
(2)
Inspection.
(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.
(3)
Enforcement.
(a)
It shall be unlawful for a person to undertake any regulated
activity without conforming to the provisions of this chapter.
(b)
It shall be unlawful to alter or remove any structure or BMP
required by an approved stormwater management plan without the written
approval of the Municipality.
(c)
Determinations regarding an activity's compliance with the stormwater
management plan will be made by the Municipality.
(d)
Whenever the Municipality finds that a person has violated a
prohibition or failed to meet a requirement of this chapter, the Municipality
may order compliance by written notice to the responsible person.
Such notice may require, without limitation:
[1]
The performance of monitoring, analyses, and reporting.
[2]
The elimination of prohibited connections or discharges.
[3]
Cessation of any violating discharges, practices, or operations.
[4]
The abatement or remediation of stormwater pollution or contamination
hazards and restoration of any affected property.
[5]
Payment of a line to cover administrative and remediation costs.
[6]
The implementation of stormwater BMPs.
[7]
Operation and maintenance of stormwater BMPs.
(e)
Such notification shall set forth the nature of the violation(s)
and establish a time limit for correction of the violation(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 the Municipality or designee and the expense
thereof shall be charged to the violator. Said notice shall also include
the violator's appeal rights.
(f)
Failure to comply within the time specified shall also subject
such person to the penalty provisions of this chapter. All such penalties
shall be deemed cumulative and shall not prevent the Municipality
from pursuing any and all other remedies available in law or equity.
(4)
Suspension and revocation.
(a)
Any approval for a regulated activity issued may be suspended
or revoked, in whole or in part, by the Municipality for:
[1]
Noncompliance with or failure to implement any provision of
the approval.
[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 or nuisance,
pollution, or which 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)
Prior to revocation or suspension of a permit, if there is no
immediate danger to life, public health, or property the Municipality
may notify the landowner/developer to discuss the noncompliance.
B.
Penalties.
(1)
Anyone violating the provisions of this chapter shall be guilty of
a misdemeanor offense and upon conviction shall be subject to a fine
of not more than $1,000 for each violation, recoverable with costs,
or imprisonment of not more than 30 days, or both. Each day that the
violation continues shall be a separate offense, and penalties shall
be cumulative.
(2)
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.
