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.
A. 
The landowner or his/her/its designee (including the municipality for dedicated and owned facilities) shall inspect SWM BMPs, facilities and/or structures installed under this chapter according to the following frequencies, at a minimum, to ensure the BMPs, facilities and/or structures continue to function as intended:
(1) 
Annually for the first five years.
(2) 
Once every three years thereafter.
(3) 
During or immediately after the cessation of a ten-year or greater storm.
B. 
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.
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 § 125-302.
B. 
It shall be unlawful to violate § 125-703 of this chapter.
C. 
Inspections regarding compliance with the SWM site plan are the responsibility of the municipality.
A. 
Any approval or permit issued by the municipality 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 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, or pollution or endangers the life or property of others.
B. 
A suspended approval may be reinstated by the municipality when:
(1) 
The municipality has inspected and approved the corrections to the violations that caused the suspension.
(2) 
The municipality is satisfied that the violation has been corrected.
C. 
An approval that has been revoked by the municipality cannot be reinstated.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.
D. 
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 shall provide the owner, or the owner's designee, 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.
A. 
Any person violating or permitting the violation of the provisions of this chapter shall be subject to a fine of not less than $300 per day and not more than $1,000 per day for each violation, recoverable with costs. The establishment of a violation for purposes of setting fines or penalties for such violation shall be in accordance with a citation to a Magisterial District Judge with jurisdiction and venue over the location of the violation, and such an action will be subject to the procedures provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. A separate offense shall arise for each day or portion thereof a violation is found to exist and may be determined for each section of this chapter which is found to have been violated. Penalties for each separate offense shall be cumulative.
B. 
In addition, the municipality 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.
C. 
Notwithstanding any other provision of this chapter the municipality shall have the right at any or all times deemed necessary by the municipality or municipal designee to enter upon any property within the municipality to inspect and, upon determination of a violation of this chapter, to correct the violation, with all expenses associated with correcting the violation to be charged to the property owner responsible for the violation.
A. 
Any person aggrieved by any action of the municipality or its designee, relevant to the provisions of this chapter, may appeal to the Township Board of Supervisors within 30 days of that action.
B. 
Any person aggrieved by any decision of the Township Board of Supervisors related to the provisions of this chapter may appeal to the Chester County Court of Common Pleas within 30 days of the Board's decision.