[Ord. No. 10-2022, 7/20/2022]
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.
[Ord. No. 10-2022, 7/20/2022]
1. 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 in accordance with
the O&M agreement, but not less than the following frequencies,
to ensure the BMPs, facilities and/or structures continue to function
as intended:
A. Annually for the first five years.
B. Once every three years thereafter.
C. During or immediately after the cessation of a ten-year-or-greater
storm.
2. 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.
[Ord. No. 10-2022, 7/20/2022]
1. 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 §
19-302.
2. It shall be unlawful to violate §
19-703 of this chapter.
3. Inspections regarding compliance with the SWM site plan are a responsibility
of the municipality.
[Ord. No. 10-2022, 7/20/2022]
1. Any building, land development, or other approval or permit issued
by the municipality pursuant to this chapter may be suspended or revoked
for:
A. Noncompliance with or failure to implement any provision of the approved
SWM site plan or O&M agreement.
B. A violation of any provision of this chapter or any other applicable
law, ordinance, rule, or regulation relating to the regulated activity.
C. 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.
2. A suspended approval may be reinstated by the municipality when:
A. The municipality has inspected and approved the corrections to the
violations that caused the suspension.
B. The municipality is satisfied that the violation has been corrected.
3. 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.
4. 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. Such notice may require
without limitation:
A. The performance of monitoring, analyses, and reporting;
B. The elimination of prohibited 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 BMPs; and
G. Operation and maintenance of stormwater BMPs.
[Ord. No. 10-2022, 7/20/2022]
1. 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. Penalties shall not prevent the
Borough from pursuing any and all other remedies available in law
or equity.
2. In addition, the municipality, through its Solicitor, 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.
[Ord. No. 10-2022, 7/20/2022]
1. 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.
2. Any person aggrieved by any decision of the municipality, relevant
to the provisions of this chapter, may appeal to the Montgomery County
Court of Common Pleas within 30 days of the municipality's decision.