Borough of Hallam, PA
York County
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Table of Contents
Table of Contents
[Ord. 2011-2, 12/12/2011]
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.
[Ord. 2011-2, 12/12/2011]
1. 
SWM BMPs shall be inspected by the landowner, or the owner's designee, including the municipality for dedicated and owned facilities, according to the following list of minimum frequencies:
A. 
Annually for the first five years.
B. 
Once every three years thereafter.
C. 
During or immediately after the cessation of a ten-year or greater storm, i.e., a storm of an estimated frequency of recurrence of 10 years or greater interval of time.
[Ord. 2011-2, 12/12/2011]
1. 
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 § 26-302.
2. 
It shall be unlawful to violate any section of this chapter.
3. 
Inspections regarding compliance with the SWM site plan are a responsibility of the municipality.
[Ord. 2011-2, 12/12/2011]
1. 
Any approval or permit issued by the municipality pursuant to this chapter may be suspended or revoked for:
A. 
Noncompliance with or failure to implement any provision of the approved SWM site plan or O&M agreement.
B. 
A violation of any provision of this chapter or any other applicable law, ordinance, rule, or regulation relating to the regulated activity.
C. 
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.
D. 
Unauthorized deviation from the approved plan.
2. 
A suspended approval shall be reinstated by the municipality when:
A. 
The municipality has inspected and approved the corrections to the violations that caused the suspension.
B. 
The municipality is satisfied that the violation has been corrected.
3. 
An approval that has been revoked by the municipality cannot he reinstated. The applicant may apply for a new approval under the provisions of this chapter.
4. 
If a violation causes no immediate danger to life, public health, or property, at its sole discretion, the municipality may provide a limited time period 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.
[Ord. 2011-2, 12/12/2011]
1. 
Any person, partnership or corporation who or which has violated the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the municipality, pay a judgment of not more than $1,000. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there has been a good-faith basis for the person, partnership or corporation violating the Ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation. The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per-diem judgment pending a final adjudication of the violation and judgment.
2. 
The municipality 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.
[Ord. 2011-2, 12/12/2011]
1. 
Any person aggrieved by any action of the municipality or its designee relevant to the provisions of this chapter may appeal to the municipality within 30 days of that action.
2. 
Any person aggrieved by any decision of the municipality relevant to the provisions of this chapter may appeal to the York County Court of Common Pleas within 30 days of the municipality's decision.