Borough of Montgomery, PA Article V Enforcements and Penalties

§ 386-12 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.

§ 386-13 Inspection.

SWM BMPs shall be inspected by the landowner, or the owner's designee (including municipality for dedicated and owned facilities) according to the following list of minimum frequencies:

A. Annually for the first three years.

B. Biannually thereafter.

C. During or immediately after the cessation of a storm event.

§ 386-14 Enforcement.

A. It shall be unlawful for a person to undertake any regulated activity except as provided in an approved SWM site plan, unless specifically exempted in § 386-10.

B. It shall be unlawful to alter or remove any control structure required by the SWM site plan.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. Inspections regarding compliance with the SWM site plan are a responsibility of the municipality.

D. If the municipality determines at any time that any permanent stormwater management facility has been eliminated, altered, or improperly maintained, the municipality shall advise the responsible party of required corrective measures, and shall provide said responsible party with a specific time to implement the required corrective measures. If such action is not taken by the property owner, the municipality may cause the work to be done and back-charge all costs to the property owners in accordance with this chapter.

§ 386-15 Suspensions and revocation.

A. Any approval or permit issued may be suspended or revoked by the municipality for:

(1) Noncompliance with or failure to implement any provision of the approved SWM site plan or operation and maintenance agreement.

(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. If a violation causes no immediate danger to life, public health, or property, at its sole discretion, the municipality shall provide a reasonable time frame for the owner to correct the violation. In these cases, the municipality will provide the owner, or the owner's designee, with a written notice of the violation and the time period allowed for the owner to correct the violation. If the owner does not correct the violation within the allowed time period, the municipality may revoke or suspend any, or all, applicable approvals and permits pertaining to any provision of this chapter.

§ 386-16 Violations and penalties.

Any person who fails to comply with this chapter within the period stated in the notice of the designated municipal representative shall, upon conviction thereof, be guilty of a summary offense, and shall be sentenced to pay a penalty of not more than $300. Each and every day of continued violation and of each specific violation shall constitute a separate violation.

A. In the event that the owner, developer, occupant, applicant, property manager or other person responsible fails to comply with the terms of this chapter within the time specified by the municipal representative, the municipality may take any actions necessary to remove the public nuisance. The costs of removal of the violation shall be in addition to any penalties for violations for failure to comply.

B. In addition to the fines for violations, costs, and penalties provided for by this article, the municipality may institute proceedings in courts of equity to require owner and/or occupants of real estate to comply with the provision of this chapter.

C. The cost of removal, fine, and penalties hereinabove mentioned may be entered by the municipality as a lien against such property, or properties of individual members of a property owners' association, in accordance with existing provisions of law.

§ 386-17 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 Appeal Board within 30 days of that action. The Appeal Board may include a committee of stormwater professionals designated and authorized by the municipality.

(1) The Appeal Board that is authorized may grant an appeal to modify the requirements of one or more provisions if the application of this chapter will exact undue hardship due to peculiar conditions pertaining to the land in question, providing such modification will not be contrary to the public interest and that the purpose and intent of this chapter is observed.

(2) All appeals to the Appeal Board shall be in writing. The appeal shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision(s) of this chapter at issue, and the minimum modification necessary.

(3) Any appeal may be referred to the respective Municipal Planning Commission and governing body for advisory comments.

B. Any person aggrieved by any decision of the Appeal Board, relevant to the provisions of this chapter, may appeal to the Court of Common Pleas of Lycoming County within 30 days of the Appeal Board's decision.