Township of Allegheny, PA Article VIII Enforcement; Penalties

§ 217-25 Right-of-entry.

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.

§ 217-26 Inspections.

SWM BMPs should be inspected by the landowner/developer (including municipality for dedicated facilities) according to the following list of frequencies:

A. Annually for the first five years.

B. Once every three years thereafter.

C. During or immediately after the cessation of a ten-year or greater storm.

§ 217-27 Compliance with approved site plan required.

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.

§ 217-28 Suspension or revocation of approval.

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.

B. A suspended approval may be reinstated by the municipality when:

(1) The municipality has inspected and approved the corrections to the violations that caused the suspension.

(2) The municipality is satisfied that the violation has been corrected.

C. An approval that has been revoked by the municipality cannot be reinstated.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.

§ 217-29 Violations and penalties.

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 $1,000 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.

§ 217-30 Appeals.

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.