[Ord. No. 2014-2, 4/8/2014]
Upon presentation of proper credentials, duly authorized representatives
of the Borough may enter at reasonable times upon any property within
the Borough to investigate or ascertain the condition of the subject
property in regard to any aspect regulated by this Part.
[Ord. No. 2014-2, 4/8/2014]
1.
The Borough Council designates the Code Enforcement Officer and/or
the Borough Engineer to enforce all of the provisions of this Part.
A.
Any permit or approval issued by Strasburg Borough pursuant to this
Part may be suspended by Strasburg Borough for:
(1)
Noncompliance with or failure to implement any provision of
the approved SWM site plan or stormwater management agreement and
declaration of easement.
(2)
A violation of any provisions of this Part 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
construction or development that constitutes or creates a hazard,
nuisance, pollution or endangers the life or property of others.
[Ord. No. 2014-2, 4/8/2014]
1.
It shall be a violation of this Part to commit or permit any other
person to commit any of the following acts:
A.
To commence regulated activities prior to obtaining unconditional
approval of a SWM site plan or in violation of the terms or conditions
of a SWM site plan approved under this Part.
B.
To install, repair, modify or alter SWM facilities prior to obtaining
approvals under this Part, or, in a manner which violates the terms
and conditions of any approval issued under this Part.
C.
To misuse or fail to maintain any SWM facility installed upon a property.
D.
To construct any improvements upon, grade, fill or take any other
action which will impair the proper functioning of any SWM facility.
E.
To place false information on, or, omit relevant information from
an application for Approval under this Part.
F.
To fail to comply with any other provisions of this Part.
2.
For each violation of the provisions of this Part, the owner, agent,
lessee, or contractor or any other person who commits, takes part
in, or assists in any such violation shall be liable upon conviction
thereof in a summary proceeding to pay a fine of not less than $200
nor more than $1,000 for each offense, together with the costs of
prosecution. In accordance with Section 3321(6) of the Borough Code,
any person found guilty of violating this Part may be assessed reasonable
attorneys' fees incurred by the Borough in the enforcement proceeding.
Each day or portion thereof in which a violation exists shall be considered
a separate violation of this Part, and each section of this Part which
is violated shall be considered a separate violation.
3.
The Borough may also institute suits to restrain, prevent, or abate
a violation of this Part in equity or at law. Such proceedings in
equity or at law may be initiated before any court of competent jurisdiction.
In cases of emergency where, in the opinion of the court, the circumstances
of the case require immediate abatement of the unlawful conduct, the
court may, in its decree, fix a reasonable time during which the person
responsible for the unlawful conduct shall correct or abate the same.
The expense of such proceedings shall be recoverable from the violator
in such manner as may now or hereafter be provided by law. In accordance
with Section 3321(6) of the Borough Code, any person found guilty
of violating this Part may be assessed reasonable attorneys' fees
incurred by the Borough in the enforcement proceeding.
4.
Borough Council may also take actions relating to suspension or revocation
of permits or approvals set forth in § 352 of this chapter.
5.
Borough Council may, by resolution, appoint a code enforcement officer
to enforce this Part and may authorize such code enforcement officer
to institute summary criminal proceedings without prior action by
Borough Council.
[Ord. No. 2014-2, 4/8/2014]
1.
Any person aggrieved by any administrative action of Strasburg Borough
may appeal to the Strasburg Borough Council within 30 days of that
action. Any such appeal shall be governed by the procedures of Article
V of the Local Agency Law, 2 Pa.C.S.A. § 501 et seq.
2.
Any person aggrieved by any decision of the Strasburg Borough Council
may appeal to the Lancaster County Court of Common Pleas, in accordance
with Article VII of the Local Agency Law, 2 Pa.C.S.A. § 701
et seq. the Local Agency Law, within 30 days of that decision.
[Ord. No. 2014-2, 4/8/2014;
as amended by Ord. No. 2022-1, 9/13/2022]
1.
If the Borough determines that any requirement under this Part cannot
be achieved for a particular regulated activity, the Borough may,
after an evaluation of alternatives, approve measures other than those
in this Part, subject to the following:
A.
Waivers or modifications of the requirements of this Part may be
approved by the Borough if enforcement will exact undue hardship because
of peculiar conditions pertaining to the land in question, provided
that the modifications will not be contrary to the public interest
and that the purpose of the Part is preserved. Cost or financial burden
shall not be considered a hardship. Modification may be considered
if an alternative standard or approach will provide equal or better
achievement to the maximum extent practicable of the purpose of the
Part. A request for modifications shall be in writing and accompany
the SWM site plan submission. The request shall provide the facts
on which the request is based, the provision(s) of the Part involved
and the proposed modification.
B.
The provisions of this Part not relating to water quality are intended
as minimum standards for the protection of the public health, safety,
and welfare. The Borough reserves the right to modify or to extend
them conditionally in individual cases as may be necessary in the
public interest; provided, however, that such variation shall not
have the effect of nullifying the intent and purpose of this Part,
and that the applicant shows that to the satisfaction of the Borough
that the applicable regulation is unreasonable, or will cause undue
hardship, or that an alternative proposal will allow for equal or
better results. The list of such modifications, along with an explanation
of and justification for each modification, shall be included on the
plan. This section does not apply during an enforcement action.
C.
In granting waivers/modifications for provisions of this Part not
relating to water quality, the Borough may impose such conditions
as will, in its judgment, secure substantially the objectives of the
standards and requirements of this Part.
D.
No waiver or modification of any regulated stormwater activity involving
earth disturbance greater than or equal to one acre may be granted
by the Borough unless that action is approved in advance by DEP or
the Lancaster County Conservation District.
E.
No waiver or modification can be granted that would conflict with
the requirements of the MS4 permit.
