Upon presentation of proper credentials, duly authorized representatives
of 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.
In the event that any person (as defined in the Storm Water
Management Act, Act of October 4, 1978, P.L. 864 Number 167, 32 P.S.
§ 680.1 et seq., as amended) fails to comply with the requirements
of this chapter or fails to conform to the requirements of any permit
issued hereunder, the municipality shall provide said person with
written notification of the violation. Such notification shall set
forth the nature of the violation(s) and establish a time limit for
correction of these violations(s). Failure to comply within the time
specified shall subject such person to the penalty provisions of this
chapter. All such penalties shall be deemed cumulative. It shall be
the responsibility of the owner of the real property on which any
regulated activity is proposed to occur, is occurring, or has occurred
to comply with the terms and conditions of this chapter.
The municipal governing body is hereby authorized and directed
to enforce all of the provisions of this chapter. All inspections
regarding compliance with the approved stormwater management plan
shall be the responsibility of the Municipal Engineer or other qualified
persons designated by the municipality.
A.
A set of design plans approved by the municipality shall be on file
at the site throughout the duration of the construction activity.
Periodic inspections may be made by the municipality or designee during
construction.
B.
It shall be unlawful for any person (as defined in the Storm Water
Management Act, Act of October 4, 1978, P.L. 864, Number 167, 32 P.S.
§ 680.1 et seq., as amended) to undertake any activity regulated
by this chapter on any property except as provided for in the approved
stormwater management plan and pursuant to the requirements of this
chapter. It shall be unlawful to alter or remove any stormwater structure
required by the approved stormwater management plan pursuant to this
chapter or to allow the property to remain in a condition which does
not conform to the approved stormwater management plan.
C.
At the completion of the project and as a prerequisite for an occupancy
permit and/or the release of any financial security, the party responsible
for the ownership and maintenance of the stormwater facilities shall:
(1)
Provide a certification of completion from a registered professional
engineer or a professional land surveyor verifying that all permanent
facilities have been constructed according to the plans and specifications
and approved revisions thereto.
(2)
Provide a set of record drawings, sealed by a registered engineer
or surveyor.
(3)
Agree to conduct a visual inspection of all stormwater management
and permanent erosion and sediment pollution control facilities at
least once every three months and immediately after storm events.
Such a visual inspection shall at least involve an examination of
all stormwater management system facilities for debris deposition
(such debris may include, but shall not be limited to, aggregate material,
leaves, grass clippings, and soil material), settlement, sinkholes,
seeps, structural cracking, animal burrows, excessive vegetation,
foundation movement, erosion, depressions, water retention times in
detention facilities that exceed 48 hours, and water retention times
in infiltration facilities that exceed 72 hours.
D.
After receipt of the certification of completion, a final inspection
may be conducted by the municipality or its designee to certify compliance
with this chapter.
E.
Prior to revocation or suspension of a permit, the municipality will
schedule a hearing to discuss the noncompliance if there is no immediate
danger to life, public health or property.
F.
Suspension and revocation of permits.
(1)
Any permit issued under this chapter may be suspended or revoked
by the municipality for the following reasons:
(a)
Noncompliance with or failure to implement any provision of
the permit.
(b)
A violation of any provision of this chapter or any other applicable
law, ordinance, rule or regulation relating to the project.
(c)
The creation of any condition or the commission of any act during
construction or development that constitutes or creates a hazard or
nuisance, pollution, or that endangers the life or property of others.
(2)
Suspension or revocation of permit.
(a)
A suspended permit shall be reinstated by the municipality after
the following occur:
[1]
The Municipal Engineer has inspected and approved the corrections
to the stormwater management and erosion and sediment pollution control
measure(s) or the elimination of the hazard or nuisance.
[2]
The municipality is satisfied that the violation of the ordinance,
law or rule and regulation has been corrected.
(b)
A permit revoked by the municipality cannot be reinstated. The
applicant/developer may apply for a new permit under the procedures
outlined in this chapter.
G.
Occupancy permit. An occupancy permit shall not be issued unless
the applicant/developer has complied with the provisions of this chapter.
Any person (as defined in the Storm Water Management Act, Act
of October 4, 1978, P.L. 864, Number 167, 32 P.S. § 680.1
et seq., as amended) who fails to comply with this chapter within
the period stated in the notice from the municipality 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 for stormwater management facility
operation and maintenance fails to comply with the terms of this chapter
within the time specified by the municipality, the municipality may
take any actions necessary to remove the public nuisance. The costs
associated with the removal of the violation shall be in addition
to any penalties for failure to comply.
B.
In addition, the municipality, through its Solicitor, 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.
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 homeowners' association, in
accordance with existing provisions of law.
A.
Appeals from a determination of the Municipal Engineer in the administration
of this chapter relative to subdivision, land development and planned
residential development shall be brought before the Scott Township
Board of Supervisors for a hearing and final adjudication. Appeals
from a determination of the Municipal Engineer in the administration
of this chapter not relative to subdivision, land development, and
planned residential development shall be brought before the Scott
Township Zoning Hearing Board for a hearing and final adjudication.
Appeals shall be filed within 30 days after a notice of determination
by the Municipal Engineer is issued.
B.
Appeals from a determination of the Scott Township Board of Supervisors
or the Scott Township Zoning Hearing Board shall be brought before
the Columbia County Court of Common Pleas for a hearing and final
adjudication. Appeals shall be filed within 30 days after a notice
of determination by the Scott Township Board of Supervisors or the
Scott Township Zoning Hearing Board is issued.
C.
Nothing contained in this section shall be construed to deny any
appellant the right to proceed directly to court where appropriate,
pursuant to the Pennsylvania Rules of Civil Procedure Number 1091.
