Upon presentation of proper credentials, duly authorized representatives
of Perkasie 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.
In the event that a person fails to comply with the requirements
of this chapter, or fails to conform to the requirements of any permit
issued hereunder, the Borough shall provide written notification of
the violation. Such notification shall set forth the nature of the
violation(s) and establish a time limit for correction of these violation(s).
Failure to comply within the time specified shall subject such person
to the penalty provision of this chapter. All such penalties shall
be deemed cumulative. In addition the Borough may pursue any and all
other remedies. It shall be the responsibility of the owner of the
real property on which any regulated activity is proposed to occur,
is occurring, or has occurred, to comply with the terms and conditions
of this chapter. In the case where the violation poses an immediate
threat to the health, safety, and welfare of the community, no notice
under this section shall be required.
The Perkasie Borough Council is hereby authorized and directed
to enforce all of the provisions of this chapter. All inspections
regarding compliance with the stormwater management site plan or simplified
stormwater management site plan shall be the responsibility of the
Borough Engineer or other qualified persons designated by the Borough
as directed by Borough Council.
A.
A set of design plans approved by the Borough shall be on file at
the site throughout the duration of the construction activity. Periodic
inspections may be made by the Borough or designee during construction.
B.
Adherence to approved plan. It shall be unlawful for any person, firm, or corporation to undertake any regulated activity under § 158-4 on any property except as provided for in the approved stormwater management site plan, simplified stormwater management site plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any control structure required by the plan pursuant to this chapter or to allow the property to remain in a condition which does not conform to the approved plan.
C.
Prior to revocation or suspension of a permit, Borough Council will
schedule a hearing to discuss the noncompliance if there is no immediate
danger to life, public health or property.
D.
Suspension and revocation of permits.
(1)
(2)
A suspended permit shall be reinstated by Borough Council when:
(a)
The Borough Engineer or his designee has inspected and approved
the corrections to the stormwater management and erosion and sedimentation
control measure(s), or the elimination of the hazard or nuisance;
and/or
(b)
The Council is satisfied that the violation of the Ordinance,
law, or rule and regulation has been corrected.
(3)
A permit that has been revoked by the Council cannot be reinstated.
The applicant may apply for a new permit under the procedures outlined
in this chapter.
A.
The violation of any provision of this chapter is hereby deemed a
public nuisance.
B.
Each day that a violation continues shall constitute a separate violation.
C.
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:
(1)
The performance of monitoring, analyses, and reporting;
(2)
The elimination of prohibited discharges;
(3)
Cessation of any violating discharges, practices, or operations;
(4)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(5)
Payment of a fine to cover administrative and remediation costs;
(6)
The implementation of stormwater BMPs; and
(7)
Operation and maintenance of stormwater BMPs.
D.
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 Perkasie Borough
from pursuing any and all other remedies available in law or equity.
A.
Anyone violating the provisions of this chapter shall be guilty of
a misdemeanor, 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 10 days, or both. Each day that the violation continues
shall be a separate offense.
B.
In addition, Perkasie Borough, 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.
A.
Appeals from the determination of the Borough or its designee, or
from the determination of the Borough Engineer in the administration
of this chapter as it relates to stormwater management of a project
shall be made to the Perkasie Borough Council within 30 days of that
determination or decision.
B.
Any person aggrieved by a decision of the Council may appeal to the
Zoning Hearing Board within 30 days of the decision.
C.
Any person aggrieved by a decision of the Zoning Hearing Board or
Borough Council may appeal to the Bucks County Court of Common Pleas
within 30 days of the decision of the Zoning Hearing Board or Council.
