Upon presentation of proper credentials, the Borough or its
designated agent may enter at reasonable times upon any property within
the Borough to inspect the condition of the stormwater structures
and facilities in regard to any aspect regulated by this chapter.
A.
The landowner or the owner's designee (including the Borough
for dedicated and owned facilities) shall inspect SWM BMPs, facilities
and/or structures installed under this chapter according to the following
frequencies, at a minimum, to ensure the BMPs, facilities and/or structures
continue to function as intended:
B.
Inspections should be conducted during or immediately following precipitation
events. A written inspection report shall be created to document each
inspection. The inspection report shall contain the date and time
of the inspection, the individual(s) who completed the inspection,
the location of the BMP, facility or structure inspected, observations
on performance, and recommendations for improving performance, if
applicable. Inspection reports shall be submitted to the Borough within
30 days following completion of the inspection.
A.
Any approval or permit issued by the Borough pursuant to this chapter
may be suspended or revoked for noncompliance with or failure to implement
any provision of the approved SWM site plan or O&M agreement;
a violation of any provision of this chapter or any other applicable
law, ordinance, rule, or regulation relating to the regulated activity;
the creation of any condition or the commission of any act during
the regulated activity which constitutes or creates a hazard, nuisance,
pollution, or endangers the life or property of others.
B.
A suspended approval may be reinstated by the Borough when the Borough
has inspected and approved the corrections to the violations that
caused the suspension; 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An approval that has been revoked by the Borough cannot be reinstated.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.
If a violation causes no immediate danger to life, public health,
or property, at its sole discretion, the Borough may provide a limited
time period for the owner to correct the violation. In these cases,
the Borough 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 Borough may revoke
or suspend any, or all, applicable approvals and permits pertaining
to any provision of this chapter.
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.
In addition, the Borough 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.
A.
Any person aggrieved by any action of the Borough or its designee,
relevant to the provisions of this chapter, may appeal to the Borough
within 30 days of that action.
B.
Any person aggrieved by any decision of the Borough, 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 Borough's decision.
C.
Any person aggrieved by the approval or denial of a SWM site plan
may appeal the decision to the County Court of Common Pleas provided
that such appeal is timely filed in accordance with Article X-A of
the Pennsylvania Municipalities Planning Code.
