Township of Tobyhanna, PA
Monroe County
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Table of Contents
Table of Contents
A. 
The provisions of this Part 1 are the minimum standards for the protection of the public welfare, health and safety.
B. 
If the applicant demonstrates to the satisfaction of the Board of Supervisors that any mandatory provision of this Part 1 is unreasonable and causes a unique and undue hardship as it applies to his proposed project, the Board of Supervisors, upon obtaining the comments and recommendations of the municipality's engineer may, but need not, grant a waiver so that substantial justice may be done and the public interest secured, provided that such waiver will not have a negative impact on the public welfare, health and safety and, further, not have the effect of nullifying the intent and purpose of this Part 1.
C. 
The applicant shall make all requests for waivers in writing and include such requests as a part of the application for development. The applicant shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of this Part 1 involved and the minimum waiver necessary. The applicant shall state how the requested waiver and applicant's proposal shall result in an equal or greater means of complying with the intent of this Part 1.
D. 
The Board of Supervisors shall maintain a written record of all action on all waiver requests, and each request for a waiver shall be subject to the Board's sole discretion.
E. 
In granting waivers, the Board of Supervisors may impose conditions that will, in its judgment, secure substantially the objectives of the standards or requirements so modified.
F. 
The applicant shall address all issues deemed relevant by the municipality, including any issues identified by the Board of Supervisors, in its application for a waiver. Some, but not all, of the issues to be addressed by the applicant are set forth below:
(1) 
Are there existing stormwater problems on downstream properties or streets? The applicant shall demonstrate that the requested waiver shall improve any such problems.
(2) 
Will the increased peak flows and/or volume of runoff create a problem to downstream properties or streets?
(3) 
Is runoff being diverted to a different watershed to accomplish the goal of no or minimal increase of peak flow from the site?
The Board of Supervisors may, from time to time, amend this Part 1 by appropriate action taken at a scheduled public meeting. Amendments to this Part 1 shall be advertised and enacted in accordance with the Second Class Township Code.
Except as specifically provided by Act 167, the making of any administrative decisions by the municipality or any of its officials or employees shall not constitute a representation, guarantee or warranty of any kind by the municipality of the practicability or safety of any proposed structure or use with respect to damage from erosion, sedimentation, stormwater runoff, flood or other matter and shall create no liability upon or give rise to any cause of action against the municipality and/or its officials and employees. The Board of Supervisors, by enacting this Part 1, does not waive or limit any immunity granted to the municipality and its officials and employees and does not assume any liabilities or obligations.
Upon presentation of proper credentials clearly identifying an individual as a duly authorized representative of the municipality, a municipal representative 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 1.
In the event that a person fails to comply with the requirements of this Part 1, or fails to conform to the requirements of any permit issued hereunder, the municipality shall provide written notification of the violation. Such notification shall set forth the nature of the violation(s) and establish a reasonable time limit for correction of these violation(s). Failure to comply within the time specified shall subject such person to the penalty provisions of this Part 1. All such penalties shall be deemed cumulative and shall not prevent the municipality from pursuing any and all remedies at law or equity. It shall be the responsibility of the applicant 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 Part 1.
The municipality is hereby authorized and directed to enforce all of the provisions of this Part 1. All inspections regarding compliance with the drainage plan shall be conducted by the municipality's engineer, or other municipality designee, in accordance with this Part 1.
A. 
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 this Part 1 on any property within the municipality except as provided for in the approved drainage plan and pursuant to the requirements of this Part 1. It shall be unlawful to alter or remove any control structure required by the drainage plan pursuant to this Part 1 or to allow the property to remain in a condition which does not conform to the approved drainage plan.
C. 
Suspension and revocation of permits.
(1) 
Any permit issued by the municipality may be suspended by the Board of Supervisors of the municipality or designated municipality representative for:
(a) 
Noncompliance with or failure to implement any provision of a permit issued under this Part 1.
(b) 
A violation of any provision of this Part 1 or any other applicable law, ordinance, rule or regulation relating to the stormwater management facilities at the project.
(c) 
The creation of any condition or the commission of any act during construction or development which constitutes or creates a hazard or nuisance, pollution or which endangers the life or property of others.
(2) 
A suspended permit shall be reinstated by the Board of Supervisors of the municipality when:
(a) 
The municipality's engineer, or other municipality designee, has inspected and approved the corrections to the stormwater management and erosion and sediment pollution control measure(s), or the elimination of the hazard or nuisance; and/or
(b) 
The Board of Supervisors of the municipality is satisfied that the violation of the ordinance, law, or rule and regulation has been corrected.
(3) 
An applicant may request a hearing in accordance with the Local Agency Law to challenge a suspension. The expense of a hearing shall be the applicant's responsibility.
(4) 
A permit may be revoked for any of the reasons set forth in this section authorizing a suspension of a permit if deemed appropriate by the Board of Supervisors of the municipality or a designated municipality representative. A permit that has been revoked cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this Part 1.
(a) 
Hearing. Prior to revocation of a permit and at the request of the applicant, the Board of Supervisors will schedule a hearing, in accordance with the Local Agency Law, to address the revocation, if there is no immediate danger to life, public health or property. The expense of a hearing shall be the applicant's responsibility.
D. 
Occupancy permit. An occupancy permit shall not be issued unless the certification of completion, in addition to either the record drawings or as-built survey, pursuant to this Part 1, has been received and found acceptable to the municipality. The occupancy permit shall be required for each lot owner and/or applicant for all subdivisions, planned residential developments and land development in the municipality.
A. 
The violation of any provision of this Part 1 is hereby deemed a public nuisance.
B. 
Each day that a violation continues shall constitute a separate violation.
A. 
Anyone violating the provisions of this Part 1 shall be subject to a fine of not more than $1,000 for each violation, recoverable with costs and attorneys fees, or imprisonment of 30 days, or both. Each day that the violation continues shall be a separate offense.
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 Part 1. 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. 
Any person aggrieved by any action of the municipality or its designee may appeal to the Board of Supervisors of the municipality within 30 days of the action.
B. 
Any person aggrieved by any decision of the Board of Supervisors of the municipality may appeal to the Monroe County Court of Common Pleas within 30 days of the decision.