Upon presentation of proper credentials, duly authorized representatives of the Municipality may enter at reasonable times upon any property within the Municipality to inspect the condition of any stormwater management facilities, and permanent erosion and sediment pollution control facilities in regard to any aspect regulated by this chapter.
A. 
The municipality may inspect stormwater management facilities, and permanent erosion and sediment pollution control facilities to ensure that such stormwater management facilities, and permanent erosion and sediment pollution control facilities are being operated and maintained as designed. These inspections should occur at least once annually for five years after the installation of said stormwater management facilities, and permanent erosion and sediment pollution control facilities; and then at least once every three years thereafter. The municipality shall may also inspect stormwater management facilities and permanent erosion and sediment pollution control facilities after any storm event.
B. 
If the Municipality determines at any time that any stormwater management facility/Facilities, and/or any permanent erosion and sediment pollution control facilities has/have been eliminated, altered, or improperly operated or maintained, the Municipality will notify the party (or parties) responsible for the operation and maintenance of stormwater management facilities, and permanent erosion and sediment pollution control facilities that required corrective measures must be implemented, and will provide said party (or parties) with a specific time frame to implement the required corrective measures. If such action is not undertaken by the party (or parties) responsible for the operation and maintenance of stormwater management facilities, and permanent erosion and sediment pollution control facilities, the Municipality may take any action it deems necessary to effect completion of the requisite corrective measures, and backcharge all costs for same to the party (or parties) responsible for the operation and maintenance of stormwater management facilities, and permanent erosion and sediment pollution control facilities in accordance with this article.
In the event that any person [as defined in the Storm Water Management Act, Act of October 4, 1978, P.L. 864 Number 167, 32 P.S. § 680.1 et seq. (as amended)] fails to comply with the requirements of this chapter, or fails to conform to the requirements of any approval or authorization issued hereunder, the Municipality shall provide said person with 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 violations(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. 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.
The municipality is hereby authorized and directed to enforce all of the provisions of this chapter. All inspections regarding compliance with the approved stormwater management plan shall be the responsibility of the municipal engineer, or other qualified persons designated by the Municipality.
A. 
At least one copy of the stormwater management plan that was approved by the Municipality shall be on file at the construction site throughout the duration of the construction activity. Periodic inspections during construction may be made by the municipal engineer, or other qualified persons designated by the Municipality.
B. 
It shall be unlawful for any person [as defined in the Storm Water Management Act, Act of October 4, 1978, P.L. 864 Number 167, 32 P.S. § 680.1 et seq. (as amended)] to undertake any activity regulated by this chapter on any property except as provided for in the approved stormwater management plan, and pursuant to the requirements of this chapter. It shall be unlawful to a) alter or remove any stormwater management facility required by the approved stormwater management plan pursuant to this chapter, b) to allow the property to remain in a condition that does not conform to the approved stormwater management plan, and/or c) to fail to strictly implement the sequence of construction that was approved by the municipality.
C. 
Suspension and revocation of approvals. Prior to the revocation or suspension of any approval issued under this chapter, the Municipality will schedule a hearing to discuss the noncompliance if there is no immediate danger to life, public health, or property.
(1) 
Any approval issued under this chapter may be suspended or revoked by the Municipality for the following reasons:
(a) 
Noncompliance with, or failure to implement any provision of the approval.
(b) 
A violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation relating to the project.
(c) 
The creation of any condition, or the commission of any act during construction or development that constitutes or creates a hazard or nuisance, pollution, or that endangers the life or property of others.
(d) 
Noncompliance with, or failure to strictly implement the sequence of construction that was approved by the municipality.
(2) 
A suspended approval shall be reinstated by the Municipality after the following occur:
(a) 
The municipal engineer has inspected and approved the corrections to the stormwater management facilities, and permanent erosion and sediment pollution control facilities, or the elimination of the hazard or nuisance.
(b) 
The municipality is satisfied that the violation of the ordinance, law, or rule and regulation has been corrected.
Any approval revoked by the Municipality cannot be reinstated; however, the applicant/developer may submit a new stormwater management plan under the procedures outlined in this chapter.
D. 
Occupancy permit. An occupancy permit shall not be issued unless the applicant/developer has complied with the provisions of this chapter.
As this chapter involves public health, safety, and welfare, any person [as defined in the Storm Water Management Act, Act of October 4, 1978, P.L. 864 Number 167, 32 P.S. § 680.1 et seq. (as amended)] who violates this chapter commits a summary offense under the Second Class Township Code and shall be issued a citation to appear before the District Justice. The municipality hereby provides for the enforcement of this chapter by action brought before a district justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The Solicitor may assume charge of the prosecution without the consent of the District Attorney as required under Pa. Crim. P. No. 83(c) (relating to trial in summary cases). The criminal fines for violation of this chapter shall not exceed $1,000 per violation. Each and every day of continued violation, and of each specific violation shall constitute a separate violation.
A. 
In the event that the owner, developer, occupant, applicant, property manager, or other person responsible for the operation and maintenance of any stormwater management facility/Facilities, and permanent erosion and sediment pollution control facilities fails to comply with the terms of this chapter within the time specified by the Municipality, the Municipality may take any actions necessary to remove the public nuisance. The costs associated with the removal of the violation shall be in addition to any penalties for failure to comply.
B. 
In addition, the Municipality, 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.
C. 
The cost of removal, fine, and penalties hereinabove mentioned may be entered by the Municipality as a lien against such property, or properties of individual members of a homeowners' association, in accordance with existing provisions of law.
A. 
Appeals from a determination of the municipal engineer in the administration of this chapter relative to subdivision, land development, and planned residential development shall be brought before the Scott Township Board of Supervisors for a hearing and final adjudication. Appeals from a determination of the municipal engineer in the administration of this chapter not relative to subdivision, land development, or planned residential development shall be brought before the Scott Township Zoning Hearing Board for a hearing and final adjudication. Appeals shall be filed within 30 days after a notice of determination by the municipal engineer is issued.
B. 
Appeals from a determination of the Scott Township Board of Supervisors or the Scott Township Zoning Hearing Board shall be brought before the Columbia County Court of Common Pleas for a hearing and final adjudication. Appeals shall be filed within 30 days after a notice of determination by the Scott Township Board of Supervisors or the Scott Township Zoning Hearing Board is issued.
C. 
Nothing contained in this section shall be construed to deny any appellant the right to proceed directly to court where appropriate, pursuant to the Pennsylvania Rules of Civil Procedure Number 1091.