Township of Tobyhanna, PA Article XVI Enforcement and Penalties

§ 124-99 Right-of-entry.

Duly authorized representatives of the municipality may enter at reasonable times upon any property within the municipality to investigate or ascertain the condition of the subject property in regard to any aspect regulated by this article.

§ 124-100 Enforcement.

The governing body is hereby authorized and directed to enforce all of the provisions of this article. All inspections regarding compliance with the drainage plan shall be the responsibility of the municipal engineer or other persons designated by the municipality.

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 § 124-70 on any property except as provided for in the approved drainage plan and pursuant to this article. It shall be unlawful to alter or remove any control structure required by the drainage plan pursuant to this article or to allow the property to remain in a condition which does not conform to the approved drainage plan.

C. At the completion of the project, and as a prerequisite for the release of the guarantee, the owner or his representative shall:

(1) Provide a certification of completion from an engineer, architect, surveyor or other qualified person verifying that all permanent facilities have been constructed according to the plans and specifications and approved revisions thereto.

(2) Provide a set of as built drawings.

D. After receipt of the certification of completion by the municipality, a final inspection shall be conducted by the governing body or its designee to certify compliance with this article.

E. Prior to renovation or suspension of a permit, the governing body will schedule a hearing to discuss the noncompliance if there is no immediate damage to life, public health or property.

F. Suspension and revocation of permits.

(1) Any permit issued under this article may be suspended or revoked by the governing body for:

(a) Noncompliance with or failure to implement any provision of the permit.

(b) A violation of any provision of this article 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 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 governing when:

(a) The Municipal Engineer or his 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 governing body is satisfied that the violation of the ordinance, law, or rule and regulations has been corrected.

(3) A permit which has been revoked by the governing body cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this article.

G. Occupancy permit. An occupancy permit shall not be issued unless the certification of compliance pursuant to § 124-100D has been secured. The occupancy permit shall be required for each lot owner and/or developer of all subdivisions and land development in the municipality.

§ 124-101 Notification.

As a result of an on-site inspection by the designee of the governing body or a majority of the governing body, and it has been determined that the owner, subdivider, developer or his agent has failed to comply with the requirements of this article, or fails to conform to the requirements of any permit issued thereunder, the governing body or designee shall set forth written notification of the violation within 10 days of said on-site inspection. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violation(s). Upon failure to comply within the time specified, the owner, subdivider, developer or his agent shall be subject to the penalty provisions of this article, § 124-102, or other penalty.

§ 124-102 Penalties.

A. Anyone violating the provisions of this article shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of not more than $500 for each violation, recoverable with costs, or imprisonment of not more than 30 days, or both. Each day that the violation continues shall be a separate offense.

B. In addition, the municipality, through its solicitor or designated employee thereof, may institute injunctive mandamus or any other appropriate action or proceeding at law or in equity for the enforcement of this article. 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.

§ 124-103 Appeals.

A. Any person aggrieved by any action of the municipality or its designee may appeal to the municipality's governing body or Zoning Hearing Board within 30 days of that action.

B. Any person aggrieved by any decision of the municipality's governing body may appeal to the County Court of Common Pleas where the activity has taken place within 30 days of that decision.