[Ord. 1141, 10/11/2012]
1.
Upon presentation of proper credentials, duly authorized representatives
of the Borough of Shillington may enter at reasonable times upon any
property within the Borough of Shillington to inspect the implementation,
condition, or operation and maintenance of the stormwater controls
or BMPs in regard to any aspect governed by this chapter.
2.
Stormwater control and BMP owners and operators shall allow persons
working on behalf of the Borough of Shillington ready access to all
parts of the premises for the purposes of determining compliance with
this chapter.
3.
Persons working on behalf of the Borough of Shillington shall have
the right to temporarily locate on any stormwater control or BMP in
the Borough of Shillington such devices as are necessary to conduct
monitoring and/or sampling of the discharges from such stormwater
control or BMP.
4.
Unreasonable delays (>24 hours) in allowing the Borough of Shillington
access to a stormwater control or BMP is a violation of this Part.
[Ord. 1141, 10/11/2012]
[Ord. 1141, 10/11/2012]
1.
Whenever the Borough of Shillington finds that a person has violated
a prohibition or failed to meet a requirement of this chapter, the
Shillington Borough Council may order compliance by written notice
to the responsible person. Such notice may require, without limitation:
A.
The performance of monitoring, analyses, and reporting;
B.
The elimination of prohibited connections or discharges;
C.
Cessation of any violating discharges, practices, or operations;
D.
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
E.
Payment of a fine to cover administrative and remediation costs;
F.
The implementation of stormwater controls and BMPs; and
G.
Operation and maintenance of stormwater controls and BMPs.
2.
Such notification shall set forth the nature of the violation(s)
and establish a time limit for correction of these violations(s).
Said notice may further advise that, if applicable, should the violator
fail to take the required action within the established deadline,
the work will be done by the Borough of Shillington or its designee
and the expense thereof shall be charged to the violator.
3.
Failure to comply within the time specified shall also subject such
person to the penalty provisions of this chapter. All such penalties
shall be deemed cumulative and shall not prevent the Shillington Borough
Council from pursuing any and all other remedies available in law
or equity.
[Ord. 1141, 10/11/2012]
1.
Any building, land development or other permit or approval issued
by the Borough of Shillington may be suspended or revoked, in whole
or in part, by the Borough of Shillington for:
A.
Noncompliance with or failure to implement any provision of the permit;
B.
A violation of any provision of this chapter; or
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 or approval may be reinstated by the Borough of
Shillington, in whole or in part, when:
A.
The Borough Engineer or his/her designee has inspected and approved
the corrections to the stormwater controls and BMPs, or the elimination
of the hazard or nuisance; and/or
B.
The Borough of Shillington is satisfied that the violation of the
ordinance, law, or rule and regulation has been corrected.
3.
A permit or approval which has been revoked, in whole or in part,
by the Borough of Shillington cannot be reinstated. The applicant
may apply for a new permit under the procedures outlined in this chapter.
[Ord. 1141, 10/11/2012]
1.
Any person violating the provisions of this chapter 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 constitute
a separate offense, and the applicable fines are cumulative.
2.
The Shillington Borough Council may institute injunctive, mandamus,
or any other appropriate action or proceeding at law in equity for
the enforcement of this chapter with the court of competent jurisdiction
to obtain restraining orders, temporary or permanent injunctions,
mandamus or other appropriate forms of remedy or relief.
[Ord. 1141, 10/11/2012]
In the event that a person fails to comply with the requirements
of this chapter, or fails to conform to the requirements of any permit
issued hereunder, the Borough of Shillington will provide notification
of the violation. After notice is provided, failure to correct violations
in a timely manner may result in additional violations.
[Ord. 1141, 10/11/2012]
1.
The municipal governing body 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
Borough Engineer or other qualified persons designated by the Shillington
Borough Council.
A.
No person shall modify, remove, fill, landscape or alter any SWM
BMPs, facilities, areas, or structures without the written approval
of the Shillington Borough Council.
B.
Upon presentation of proper credentials, the municipality may enter
at reasonable times upon any property within the Borough of Shillington
to inspect the condition of the stormwater structures and facilities
in regard to any aspect regulated by this chapter.
C.
It shall be unlawful for a person to undertake any regulated activity
except as provided in an approved SWM site plan, unless specifically
exempted from the requirement to submit an SWM site plan by this chapter.
D.
The developer shall be responsible for providing as-built plans of
all SWM BMPs included in the approved SWM site plan. The as-built
plans and an explanation of any discrepancies with the construction
plans shall be submitted by the developer to the Borough of Shillington.
E.
The as-built submission shall include a certification of completion
signed by a qualified professional verifying that all permanent SWM
BMPs have been constructed according to the approved plans and specifications.
If any licensed qualified professionals contributed to the construction
plans, then a licensed qualified professional must sign the completion
certificate.
F.
After receipt of the completion certificate by the Borough of Shillington,
the Borough of Shillington may conduct a final inspection.
G.
Inspections regarding compliance with the SWM site plan are a responsibility
of the Borough of Shillington.
H.
The Borough of Shillington may withhold an occupancy permit until
a certificate of completion has been provided by the developer.
[Ord. 1141, 10/11/2012]
1.
Any person aggrieved by any action of the Shillington Borough Engineer
or its designee may appeal to the Shillington Borough Council within
30 days of that action.
2.
Any person aggrieved by any decision of the Shillington Borough Council
may appeal to the County Court of Common Pleas in the county where
the activity has taken place within 30 days of the municipal decision.
