[Ord. No. 1151, 6/20/2023]
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
Part.
[Ord. No. 1151, 6/20/2023]
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 Part according to the following
frequencies, at a minimum, to ensure the BMPs, facilities and/or structures
continue to function as intended:
B. 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. 1151, 6/20/2023]
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 §
26-122.
2. It shall be unlawful to violate §
26-163 of this Part.
3. Inspections regarding compliance with the SWM site plan are a responsibility
of the municipality.
4. The municipal governing body is hereby authorized and directed to
enforce all of the provisions of this Part. All inspections regarding
compliance with the SWM site plan shall be the responsibility of the
Municipal Engineer or other qualified persons designated by the municipality.
A. Design Plans. A set of design plans approved by the municipality
shall be on file at the site throughout the duration of the construction
activity. Periodic inspections may be made by the municipality 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 §
26-104 on any property except as provided for in the approved SWM site plan and pursuant to the requirements of this Part. It shall be unlawful to alter or remove any control structure required by the SWM site plan pursuant to this Part or to allow the property to remain in a condition which does not conform to the approved SWM site plan.
C. Hearing. Prior to revocation or suspension of a permit and at the
request of the applicant, the governing body will schedule a hearing
to discuss the noncompliance if there is no immediate danger to life,
public health or property. The expense of a hearing shall be the applicant's
responsibility.
5. Occupancy Permit. An occupancy permit shall not be issued unless the certification of completion pursuant to §
26-138 has been approved by the municipality. The occupancy permit shall be required for each lot owner and/or applicant for all subdivisions and land development in the municipality.
[Ord. No. 1151, 6/20/2023]
1. Any approval or permit issued by the municipality pursuant to this
Part 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 Part 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 Part.
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 Part.
[Ord. No. 1151, 6/20/2023]
1. Anyone violating the provisions of this Part 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.
2. 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 Part. 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. 1151, 6/20/2023]
1. Any person aggrieved by any action of the municipality or its designee,
relevant to the provisions of this Part, 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 Part, may appeal to the County Court of
Common Pleas in the county where the activity has taken place within
30 days of the municipality's decision.