Upon presentation of proper credentials, the municipality 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 chapter.
SWM BMPs should be inspected by the landowner/developer (including
the municipality for dedicated facilities) according to the following
list of frequencies:
A.
It shall be unlawful for a person to undertake any regulated activity
except as provided in an approved SWM site plan.
B.
It shall be unlawful to alter or remove any control structure required
by the SWM site plan.
C.
Inspections regarding compliance with the SWM site plan are a responsibility
of the municipality.
A.
Any approval for a regulated activity issued may be suspended or
revoked by the municipality for:
(1)
Noncompliance with, or failure to implement, any provision of the
approval.
(2)
A violation of any provision of this chapter or any other applicable
law, ordinance, rule or regulation relating to the regulated activity.
(3)
The creation of any condition or the commission of any act during
the regulated activity which constitutes or creates a hazard or nuisance,
pollution, or which endangers the life or property of others.
C.
An approval that has been revoked by the municipality cannot be reinstated.
The applicant may apply for a new approval under the provisions of
this chapter.
D.
Prior to revocation or suspension of a permit, if there is no immediate
danger to life, public health, or property, the municipality may notify
the landowner/developer to discuss the noncompliance.
A.
Anyone violating the provisions of this chapter shall be guilty of
a summary offense 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, and
penalties shall be cumulative.
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 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 municipality, or its designee,
relevant to the provisions of this chapter, may appeal to the municipality
within 30 days of that action.
B.
Any person aggrieved by any decision of the municipality, relevant
to the provisions of this chapter, may appeal to the County Court
of Common Pleas in the county where the activity has taken place within
30 days of the municipality's decision.