Upon presentation of proper credentials, the designee of the Borough may enter at reasonable times upon any property within the Borough to inspect the condition of the stormwater structures and facilities in regard to any aspect regulated by this chapter.
A. 
The Borough or its designee may inspect, at the expense of the landowner, all phases of the construction, operation, maintenance and any other implementation of SWM BMPs. A municipal inspection due to a report or information of lack of maintenance, a defect, or failure of a SWM BMP shall be paid for by the landowner.
B. 
SWM BMPs shall be formally inspected by the landowner, or the landowner's designee, according to the following list of minimum frequencies:
(1) 
Annually for the first five years.
(2) 
Once every three years thereafter.
C. 
Notwithstanding the formal inspection schedule set forth above, the landowner shall continually maintain the SWM BMPs.
A. 
It shall be unlawful for a person to undertake any regulated activity except as provided in an approved SWM site plan, or as otherwise required under this chapter, unless specifically exempted in § 200-15.
B. 
It shall be unlawful to violate any provision of this chapter.
C. 
Enforcement inspections regarding compliance with the SWM site plan are a responsibility of the Borough.
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 relating to regulated activity.
(3) 
The creation of any condition or the commission of any act related to stormwater which constitutes or creates a hazard, nuisance, pollution, or endangers the life, safety or property of others.
B. 
A suspended approval shall 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An approval that has been revoked by the Borough cannot be reinstated.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 landowner or responsible parties to correct the violation. In these cases, the Borough will provide the owner or responsible parties, or their agent, 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, or may issue an order to correct the condition.
A. 
Any person, partnership, corporation, or other entity who or which has violated the provisions of this chapter shall, upon conviction thereof in a summary proceeding before a Magisterial District Judge (formerly District Justice), be sentenced to pay a fine of not more than $1,000, plus costs, and may be imprisoned for a period not to exceed 30 days. Each day that this chapter is violated shall constitute a separate and distinct offense, and shall be subject to separate and distinct penalties as set forth in this section. Penalties for each separate offense shall be cumulative.
B. 
In addition to the penalties prescribed in Subsection A, the Borough may institute civil, 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 Borough, relevant to the provisions of this chapter, may appeal to the Borough within 30 days of that action.
B. 
Any person aggrieved by any decision of the Borough, relevant to the provisions of this chapter, may appeal to the York County Court of Common Pleas within 30 days of the decision of the Borough.