[Ord. No. 1238, 9/7/2022]
Upon presentation of proper credentials, the Borough or its designated agent 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 21A.
[Ord. No. 1238, 9/7/2022]
1.
The owner or the owner's designee (including the Borough for dedicated and owned facilities) shall inspect SWM BMPs, facilities, and/or structures installed under this Chapter 21A or previous iterations of the Borough's Stormwater Management Ordinance, according to the following frequencies, at a minimum, to ensure the BMPs, facilities, and/or structures continue to function as intended:
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 Borough within
30 days following completion of the inspection.
[Ord. No. 1238, 9/7/2022]
[Ord. No. 1238, 9/7/2022]
1.
Any approval or permit issued by the Borough pursuant to this Chapter 21A 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 Chapter 21A or any other applicable law, ordinance, code, rule, or regulation relating to the regulated activity or the project.
C.
The creation of any condition or the commission of any act during
the project which constitutes or creates a hazard, nuisance, or pollution;
or endangers the life or property of others.
D.
Failure to complete the project within the term of validity for the
project approval.
3.
An approval that has been revoked by the Borough cannot be reinstated. The applicant may apply for a new approval under the provisions of this Chapter 21A.
4.
If a violation causes no immediate danger to life, public health, or property, at its sole discretion, the Borough may provide a limited time period for the owner to correct the violation. In these cases, the Borough 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 Borough may revoke or suspend any, or all, applicable approvals and permits pertaining to any provision of this Chapter 21A.
[Ord. No. 1238, 9/7/2022]
1.
Any person violating the provisions of this Chapter 21A shall be guilty of a summary offense, and upon conviction, shall be subject to a fine of not more than $600 nor less than $200 per day during which such violation shall continue, plus any and all costs incurred by the Borough in enforcing the violation, including, but not limited to, court costs, consultant fees, attorneys' fees, and expert witness fees plus all court costs and reasonable attorney fees. Each day that the violation continues shall constitute a separate offense, and each provision violated shall constitute a separate offense. All penalties shall be cumulative.
2.
Any violation of a provision of this Chapter 21A shall hereinafter be enforced by the Borough, in accordance with the procedures set forth in the Pennsylvania Borough Code (8 Pa.C.S.A. § 101 et seq.), by either filing a civil enforcement proceeding or a nontraffic citation against the violator(s) with a Magisterial District Judge with jurisdiction or other court of competent jurisdiction, at the Borough's discretion. Notice of such enforcement proceeding shall be made in accordance with the applicable Pennsylvania Rules of Civil Procedure. If a defendant neither pays nor timely appeals any resulting judgment, the Borough may enforce the judgment pursuant to the applicable Rule of Civil Procedure.
3.
In addition, the Borough may institute injunctive, mandamus, or any other appropriate action or proceeding at law or in equity for the enforcement of this Chapter 21A and/or to restrain, prevent, or abate a violation of this Chapter 21A. Any court of competent jurisdiction shall have the right to hear such actions and issue restraining orders, temporary or permanent injunctions, mandamus, or other appropriate forms of remedy or relief. The expense of such proceedings shall be recoverable from the violator in any manner as may now or hereafter be provided by law.
[Ord. No. 1238, 9/7/2022]
2.
Any person engaged in the implementation, construction, installation, inspection, maintenance, repair, rehabilitation, replacement, or removal of a stormwater management system, stormwater management facility, or BMP shall undertake such activities consistent with the SWM site plan and the Borough's approval thereof, and this Chapter 21A. Any such activity conducted in violation of the approved plan or this Chapter 21A is hereby declared a public nuisance.
[Ord. No. 1238, 9/7/2022]
1.
Appeals from the determination of the Borough Zoning Officer, Borough Engineer, or Borough designee in the administration of this Chapter 21A that relate to applications for subdivision and/or land development under Articles V and VII of the Pennsylvania Municipalities Planning Code[1] shall be made to Borough Council within 30 days of that
determination or decision, pursuant to Section 909.1(b)(6) of the
Pennsylvania Municipalities Planning Code.
[1]
Editor's Note: See 53 P.S. §§ 10501 et
seq. and 10701 et seq., respectively.
2.
Appeals from the determination of the Borough Zoning Officer, Borough Engineer, or Borough designee in the administration of this Chapter 21A that do not relate to applications for subdivision and/or land development under Articles V and VII of the Pennsylvania Municipalities Planning Code shall be made to Borough Zoning Hearing Board within 30 days of that determination or decision, pursuant to Section 909.1(a)(9) of the Pennsylvania Municipalities Planning Code.
