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Borough of Lewisburg, PA
Union County
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Table of Contents
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Upon presentation of proper credentials, duly authorized representatives of the Borough 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.
In the event that a person fails to comply with the requirements of this chapter, or fails to conform to the requirements of any approvals issued hereunder, the Borough shall provide 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 violation(s). Failure to comply within the time specified shall subject such person to the penalty provisions of this chapter. All such penalties shall be deemed cumulative and resort by the Borough from pursuing any and all remedies. 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 Borough Council is hereby authorized and directed to enforce all of the provisions of this chapter. All inspections regarding compliance with the drainage plan shall be the responsibility of the Municipal Engineer or other qualified persons designated by the Borough.
A. 
A set of design plans approved by the Borough shall be on file at the site throughout the duration of the construction activity. Periodic inspections may be made during construction.
B. 
It shall be unlawful for any person, firm or corporation to undertake any regulated activity under § 290-6 on any property except as provided for in the approved drainage plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any control structure required by the drainage plan pursuant to this chapter or to allow the property to remain in a condition that does not conform to the approved drainage plan.
C. 
Suspension and revocation of approvals and/or permits.
(1) 
Any approval or permit issued under this chapter 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 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 which constitutes or creates a hazard or nuisance, pollution or which endangers the life or property of others.
(2) 
A suspended approval or permit shall be reinstated by the governing body when:
(a) 
The Municipal Engineer or his designee has inspected and approved the 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 regulation has been corrected.
(c) 
A permit that has been revoked by the governing body cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this chapter.
D. 
Occupancy permits. An occupancy permit shall not be issued unless the certification of completion pursuant to § 290-33C and D has been secured. The occupancy permit shall be required for each lot owner and/or developer for all subdivisions and land development in the Borough.
A. 
The violation of any provision of this chapter 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 chapter 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. Each day that the violation continues shall be a separate offense.
B. 
In addition, the Borough, 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.
A. 
Any person aggrieved by any action of the Borough or its designee may appeal to the Borough Council or Zoning Hearing Board within 30 days of that action.
B. 
Any person aggrieved by any decision of the Borough Council or the Zoning Hearing Board may appeal to the Union County Court of Common Pleas within 30 days of the municipal decision.