Upon presentation of proper credentials, duly authorized representatives of the Borough may enter at reasonable times upon any property within the Borough to investigate or ascertain the condition of the subject property in regard to any aspect regulated by this chapter.
Borough Council is hereby authorized and directed to enforce the provisions of this chapter.
A. 
Any permit or approval issued by the Borough pursuant to this chapter may be suspended or revoked by the Borough for:
(1) 
Noncompliance with or failure to implement any provision of the approved SWM site plan or O&M agreement.
(2) 
A violation of any provisions 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 construction or development that constitutes or creates a hazard, nuisance, pollution or endangers the life or property of others.
B. 
A suspended permit or other approval granted under this chapter may be reinstated by the Borough when:
(1) 
The Borough has inspected and approved the corrections to the violation that caused the suspension; and
(2) 
The Borough is satisfied that the violation has been corrected.
C. 
An approval that has been revoked by the Borough cannot be reinstated. The applicant may apply for a new approval under the provisions of this chapter.
D. 
Notification of suspension or revocation of a stormwater management permit. In the event of a suspension of a stormwater management permit, the Borough shall provide written notification, by certified mail, of the violation to the landowner at his last known address. Such notification shall:
(1) 
Cite the specific violation, describe the requirements which have not been met and cite the provisions of the chapter relied upon.
(2) 
Identify the specific protective measures to be taken.
(3) 
Assign a reasonable time period necessary for action or, in the case of revocation, identify if the Borough has authorized protective measures to be performed at the cost to the landowner.
(4) 
Identify the right of the landowner to request a hearing before the Borough Council if aggrieved by the suspension.
A. 
It shall be a violation of this chapter to commit or permit any other person to commit any of the follow acts:
(1) 
To commence regulated activities prior to obtaining unconditional approval of a SWM site plan or in violation of the terms or conditions of a SWM site plan approved under this chapter.
(2) 
To install, repair, modify or alter SWM facilities prior to obtaining approvals under this chapter, or, in a manner which violates the terms and conditions of any approval issued under this chapter.
(3) 
To misuse or fail to maintain any SWM facility installed upon a property.
(4) 
To construct any improvements upon, grade, fill or take any other action which will impair the proper functioning of any SWM facility.
(5) 
To place false information on, or, omit relevant information from an application for approval under this chapter.
(6) 
To fail to comply with any other provisions of this chapter.
B. 
For each violation of the provisions of this chapter, the owner, agent, lessee, or contractor or any other person who commits, takes part in, or assists in any such violation shall be liable upon conviction thereof in a summary proceeding to pay a fine of not less than $200 nor more than $1,000 for each offense, together with the costs of prosecution. In accordance with Section 3321(6) of the Borough Code, any person found guilty of violating this chapter may be assessed reasonable attorney's fees incurred by the Borough in the enforcement proceeding. Each day or portion thereof in which a violation exists shall be considered a separate violation of this chapter, and each section of this chapter which is violated shall be considered a separate violation.
C. 
The Borough may also institute suits to restrain, prevent, or abate a violation of this chapter in equity or at law. Such proceedings in equity or at law may be initiated before any court of competent jurisdiction. In cases of emergency where, in the opinion of the court, the circumstances of the case require immediate abatement of the unlawful conduct, the court may, in its decree, fix a reasonable time during which the person responsible for the unlawful conduct shall correct or abate the same. The expense of such proceedings shall be recoverable from the violator in such manner as may now or hereafter be provided by law. In accordance with Section 3321(6) of the Borough Code, any person found guilty of violating this chapter may be assessed reasonable attorney's fees incurred by the Borough in the enforcement proceeding.
D. 
Borough Council may also take actions relating to suspension or revocation of permits set forth in § 226-92.
E. 
Borough Council may, by resolution, appoint a code enforcement officer to enforce this chapter and may authorize such code officer to institute summary criminal proceedings without prior action by Borough Council.
Any person, partnership or corporation engaged in a regulated activity, as defined in § 226-22 of this chapter, shall implement the measures required by the stormwater management permit and this chapter. Any regulated activity conducted in violation of this chapter or the stormwater management permit is hereby declared a public nuisance.
A. 
Any person, partnership, corporation or organization aggrieved by any action of the Borough may appeal to Borough Council within 30 days from the date of the action appealed from. Any such appeal shall be governed by the procedures of Article V of the Local Agency Law, 2 Pa.C.S.A. § 501 et seq.
B. 
Any person, partnership, corporation or organization aggrieved by any action of the Borough Council may appeal to the Lancaster County Court of Common Pleas, in accordance with Article II of the Local Agency Law, 2 Pa.C.S.A. § 701 et seq., within 30 days of that decision.
A. 
The use of green infrastructure and low-impact development (LID) are intended to address the root cause of water quality impairment by using systems and practices which use or mimic natural processes to: 1) infiltrate and recharge, 2) evapotranspire, and/or 3) harvest and use precipitation near where it falls to earth. Green infrastructure practices and LID contribute to the restoration or maintenance of predevelopment hydrology.
B. 
The provisions of this chapter not relating to water quality are intended as minimum standards for the protection of the public health, safety, and welfare. The Borough reserves the right to modify or to extend them conditionally in individual cases as may be necessary in the public interest; provided, however, that such variation shall not have the effect of nullifying the intent and purpose of this chapter, and that the applicant shows that to the satisfaction of the Borough that the applicable regulation is unreasonable, or will cause undue hardship, or that an alternative proposal will allow for equal or better results. The list of such modifications, along with an explanation of and justification for each modification, shall be included on the plan. This section does not apply during an enforcement action. Cost or financial burden shall not be considered a hardship.
[Amended 8-1-2022 by Ord. No. 3-22]
C. 
In granting waivers/modifications for provisions of this chapter not relating to water quality, the Borough may impose such conditions as will, in its judgment, secure substantially the objectives and standards and requirements of this chapter.
D. 
Authority to grant waivers/modifications. The Mount Joy Borough Planning Commission shall make recommendations on requests for modifications/waivers and Borough Council shall have the power to grant a waiver/modification in accordance with this section.
E. 
Application procedures for requests for waivers.
(1) 
To the extent that regulated activities are part of a subdivision or land development, all power and authority to grant waivers shall be requested and acted upon in accordance with Chapter 240, Subdivision and Land Development.
(2) 
To the extent that regulated activities for which a permit is required are not part of a subdivision or land development, applications for waivers/modifications shall be processed in accordance with the provisions herein:
(a) 
A request for a waiver/modification shall be submitted to the Borough Secretary. The request shall be made in writing and shall identify the specific section of this chapter which is requested to be waived, the proposed alternative to the requirements, when applicable, and the justifications for the waiver.
(b) 
The Borough shall schedule the request for consideration by the Mount Joy Planning Commission at a public meeting within 60 days of receipt and provide adequate notice to the applicant, the enforcement officer and any other parties of the meeting at which consideration of the request is scheduled. The Borough Council shall, following consideration of the request, take such public action as it shall deem advisable and notify all parties within 30 days of the action. Such notice shall cite the findings and reasons for the disposition of the waiver. Failure of Borough Council to render a decision and communicate it as prescribed above shall be deemed an approval unless the time period is extended by the applicant in writing.
The provisions, regulations, limitations and restrictions of this chapter shall apply to regulated activities as defined by this chapter.