Upon presentation of proper credentials, duly authorized representatives of the Borough may enter at reasonable times upon any property to inspect, investigate or ascertain the condition of the subject property in regard to an aspect related to stormwater management regulated by this chapter. Prohibitions and unreasonable delays in allowing the Borough access to a stormwater management facility pursuant to this chapter is a violation of this chapter. The failure of any person or entity to grant entry or to undertake any action which impedes or prevents entry is prohibited and constitutes a violation of this chapter. Unless in the event of an emergency, the Borough shall notify the property owner and/or developer 24 hours prior to entry.
A. 
It shall be unlawful for a person to undertake any regulated activity except as provided in an approved SWM site plan, unless specifically exempted in Article III, § 352-16, of this chapter.
B. 
It shall be unlawful to alter any BMPs, facilities or structures that were installed under the chapter without written approval of the Borough.
C. 
In the event that the applicant, developer, owner or his/her agent fails to comply with the requirements of this chapter or fails to conform to the requirements of any permit, a written notice of violation shall be issued. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of the violation(s). Upon failure to comply within the time specified, unless otherwise extended by the Borough, the applicant, developer, owner or his/her agent shall be subject to the enforcement remedies of this chapter. Such notice may require without limitation:
(1) 
Whenever the Borough finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Borough may order compliance by written notice to the responsible person. Such notice may require, without limitation, any or all of the following:
(a) 
The performance of monitoring, analyses, and reporting.
(b) 
The elimination of prohibited connections or discharges.
(c) 
Cessation of any violating discharges, practices, or operations.
(d) 
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property.
(e) 
Payment of a fine to cover administrative and remediation costs.
(f) 
The implementation of stormwater management measures or facilities.
(g) 
Operation and maintenance of stormwater management measures and/or facilities.
(h) 
Assessment and payment of any and all costs and expenses relative to corrective measures taken or to be taken and reasonable costs, expenses and attorney fees incurred by the Borough in and related to enforcement and collection proceedings.
(2) 
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 the Borough or designee and the expense thereof shall be charged to the violator, plus a 10% administrative fee.
(3) 
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 Borough from pursuing any and all other remedies available in law or equity.
A. 
Any approval or permit issued by the Borough 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 related 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.
B. 
A suspended approval may be reinstated by the Borough when:
(1) 
The Borough has inspected and approved the corrections to the violations that caused the suspension.
(2) 
The Borough is satisfied that the violation has been corrected.
C. 
An approval that has been revoked by the Borough 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 Borough may provide a limited time period for the owner to correct the violation. In these cases, the Borough may 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 Borough may revoke or suspend any, or all, applicable approvals and permits pertaining to any provision of this chapter.
A. 
In addition to other remedies, the Borough may institute and maintain appropriate actions by law or in equity to restrain, correct or abate a violation, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building or premises.
B. 
In accordance with the Municipalities Planning Code, 53 P.S. § 10101 et seq., the municipality may refuse to issue any permit or grant approval to further improve or develop any property which has been developed in violation of this chapter.
A. 
Any person who has violated or knowingly permitted the violation of the provisions of this chapter or has refused, neglected or failed to perform any of the actions required pursuant to the notice set forth in § 352-46C above, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be guilty of a summary offense, and shall be sentenced to pay a fine of not less than $100 nor more than $1,000 for each violation, plus costs, together with reasonable attorney fees; and, in default or failure of full and timely payment of such fine, costs and fees, to a term of imprisonment not to exceed 90 days or to a term of imprisonment to the extent permitted by law for the punishment of violations of summary offenses, whichever is less. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the magisterial district judge. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense.
B. 
If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to applicable rules of civil procedure.
C. 
Each day that a violation continues shall constitute a separate violation unless the magisterial district judge further determines that there was a good faith basis for the person violating this chapter to have believed that there was no such violation. In such case there shall be deemed to have been only one such violation until the fifth day following the date of the district justice's determination of the violation; thereafter each day that a violation continues shall constitute a separate violation.
D. 
All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Borough.
E. 
The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
F. 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Borough, the right to commence any action for enforcement pursuant to this section.
G. 
Each day that a violation of any provision of this chapter shall constitute a separate violation and be deemed a public nuisance.
In addition to the above remedies, the Borough may also seek the remedies and penalties under applicable Pennsylvania statutes, or regulations adopted pursuant thereto including, but not limited to, the Stormwater Management Act, 32 P.S. § 693.1 et seq., and the erosion and sedimentation regulations, 25 Pa. Code Chapter 102. Any activity conducted in violation of this chapter or any Pennsylvania-approved watershed stormwater management plan may be declared a public nuisance by the Borough and abatable as such.
A. 
Appeals.
(1) 
Any person aggrieved by a decision of the Borough of Derry or its authorized persons or agencies may appeal in writing said decision to the Borough of Derry Zoning Hearing Board within 30 days of any decision. See Code of the Borough Of Derry, Chapter 425. Any appeal must be filed with the Borough of Derry Zoning Hearing Board. If a decision appealed is from an authorized person or agency of the Borough, a copy of the written appeal must be served upon such person or agency by such appellant on the same date the appeal is filed with the Derry Borough Zoning Hearing Board.
(2) 
The appellant shall pay to the Borough at the time of filing the appeal, any and all fees and charges as set forth in a resolution of the Borough.
B. 
Appeal from adverse adjudication. Pursuant to 2 Pa.C.S.A. § 751 et seq., any person aggrieved by the adjudication of Borough of Derry Council who has a direct interest in such adjudication shall have the right to appeal therefrom to the court vested with jurisdiction of such appeals by or pursuant to Title 42 (Relating to Judiciary and Judicial Procedure).
A. 
U.S. Department of Agriculture, National Resources Conservation Service (NRCS). National Engineering Handbook. Part 630: Hydrology, 1969-2001. Originally published as the National Engineering Handbook, Section 4: Hydrology. Available from the NRCS online at:http://www.nrcs.usda.gov/.
B. 
U.S. Department of Agriculture, Natural Resources Conservation Service. 1986. Technical Release 55: Urban Hydrology for Small Watersheds, 2nd Edition. Washington, D.C.
C. 
Pennsylvania Department of Environmental Protection. No. 363-0300-002 (December 2006), as amended and updated. Pennsylvania Stormwater Best Management Practices Manual. Harrisburg, PA.
D. 
Pennsylvania Department of Environmental Protection. No. 363-2134-008 (March 31, 2012), as amended and updated. Erosion and Sediment Pollution Control Program Manual. Harrisburg, PA.
E. 
U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Weather Service, Hydrometeorological Design Studies Center. 2004-2006. Precipitation-Frequency Atlas of the United States, Atlas 14, Volume 2, Version 3.0, Silver Spring, Maryland. Internet address: http://hdsc.nws.noaa.gov/hdsc/pfds/.
F. 
PennDOT Publication 408 - Construction Specifications, Publication 584 - Drainage Manual current editions.