A.
Upon presentation of proper credentials, duly authorized representatives
of the Borough may enter at reasonable times upon any property within
the Borough to inspect the implementation, condition, or operation
and maintenance of the stormwater controls, structures, facilities,
or BMPs in regard to any aspect governed by this chapter.
B.
Stormwater control and BMP owners and operators shall allow persons
working on behalf of the Borough ready access to all parts of the
premises for the purposes of determining compliance with this chapter.
C.
Persons working on behalf of the Borough shall have the right to
temporarily locate on any stormwater control or BMP in the Borough
such devices as are necessary to conduct monitoring and/or sampling
of the discharges from such stormwater control or BMP.
D.
Unreasonable delays in allowing the Borough access to a stormwater
control or BMP is a violation of this chapter.
A.
The landowner or the owner's designee 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:
(1)
Annually for the first five years.
(2)
Once every three years thereafter.
(3)
During or immediately after the cessation of a ten-year-or-greater
storm as recommended by the Borough Engineer. Inspections should be
conducted during or immediately following precipitation events.
(4)
The Borough Engineer may request that the landowners or landowner's
designee submit an inspection report after the cessation of a ten-year-or-greater
storm event if there is reason to believe that a BMP has sustained
damage that impacts its ability to function as designed and if the
BMP's failure would result in damage to downgradient properties.
B.
The above-referenced inspections shall be conducted during or immediately
following precipitation events or in dry weather conditions if the
BMP design parameters include dewatering within a specified period
of time. 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.
Whenever the Borough finds that a person has violated a prohibition
or failed to meet a requirement of this chapter, the Borough may order
compliance by written notice to the responsible person. Such notice
may, without limitation, require the following remedies:
(1)
Performance of monitoring, analyses, and reporting;
(2)
Elimination of prohibited connections or discharges;
(3)
Cessation of any violating discharges, practices, or operations;
(4)
Abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(5)
Payment of a fine to cover administrative and remediation costs;
(6)
Implementation of stormwater controls and BMPs; and
(7)
Operation and maintenance of stormwater controls and BMPs.
B.
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 or designee, and the expense
thereof shall be charged to the violator.
C.
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 Borough from
pursuing any and all other remedies available in law or equity.
A.
Any building, land development, or other permit or approval issued
by the Borough may be suspended or revoked by the Borough for:
(1)
Noncompliance with or failure to implement any provision of the permit;
(2)
A violation of any provision of this chapter; or
(3)
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, health, or property
of others.
B.
A suspended permit or approval shall be reinstated by the Borough
when:
C.
A permit or approval that has been revoked by the Borough cannot
be reinstated. The applicant may apply for a new permit under the
procedures outlined in this chapter.
D.
An applicant aggrieved by a suspension or denial of a permit, approval,
or other similar decision of the Borough of Narberth, not including
a violation subjecting the a party to a fine, penalty or enforcement
action, may appeal to Narberth Borough Council within 30 days of that
action by writing a letter to the Borough Manager, or the Borough
Manager's designee, setting forth the basis of the dispute and
requesting to address Borough Council at a future public meeting.
The Borough Engineer shall be copied on the letter requesting the
appeal.
E.
An applicant aggrieved by any decision of the Narberth Borough Council
may then appeal to the County Court of Common Pleas of Montgomery
County within 30 days of the Borough's decision, or as otherwise
provided by applicable law.
A.
The violation of any provision of this chapter is hereby deemed unlawful
and a continuing public nuisance.
B.
Any person who violates or permits a violation of this chapter (including
a current landowner with a property in violation of this chapter)
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the
enforcement proceedings. Upon judgment against any person by summary
conviction, or by proceedings by summons on default of the payment
of the fine or penalty imposed and the costs, the defendant may be
sentenced and committed to the county correctional facility for a
period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this chapter
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this chapter in equity in the Court of Common Pleas of Montgomery
County.
C.
In addition, the Borough, 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.
D.
Any costs or fees, including but not limited to, the Borough's
reasonable attorneys' fees and costs related to litigation shall
be recoverable against any person violating this chapter, and a lien
may be filed against the associated property/properties for unpaid
costs, fees, and fines.
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 shall provide written notification of
the violation. Such notification shall state the nature of the violation(s)
and establish a time limit for correction of these violation(s), if
the violation(s) are correctable. Failure to comply within the time
specified, if applicable, shall subject such person to the penalty
provisions of this chapter. All such penalties shall be deemed cumulative
and shall not prevent the Borough from pursuing any and all remedies.
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.
Narberth Borough Council, by and through its appointed representatives,
is hereby authorized and directed to enforce all the provisions of
this chapter. All inspections regarding compliance with the SWM site
plan shall be the responsibility of the Borough Engineer or other
qualified persons designated by the Borough.
A.
A set of design plans approved by the Borough shall be on file at
the site throughout the duration of the construction activity. Periodic
inspections may be made by Borough representatives during construction.
B.
It shall be unlawful for any person, firm, or corporation to undertake
any regulated activity on any property except as provided for in the
approved SWM site plan and pursuant to the requirements of this chapter.
It shall be unlawful to alter or remove any BMP, conveyance, or other
similar control structure required by the SWM site plan pursuant to
this chapter or to allow the property to remain in a condition which
does not conform to the approved SWM site plan.
C.
At the completion of the project and as a prerequisite for the release
of the performance guarantee, the owner/applicant or the owner/applicant's
representatives shall:
(1)
Provide a certification of completion from an engineer, architect,
surveyor, or other qualified person verifying that all permanent facilities
have been constructed according to the plans and specifications and
approved revisions thereto.
(2)
Provide a set of as-built (record) drawings and revise any stormwater
management operation and maintenance agreements as may be necessary
to reflect any changes reflected in the as-built drawings.
D.
After receipt of the certification by the Borough, a final inspection
shall be conducted by the Borough Engineer or designated representative
to certify compliance with this chapter.
E.
Prior to revocation or suspension of a permit, and at the request
of the applicant, Narberth Borough Council will schedule a hearing
at a regularly scheduled public meeting to discuss the noncompliance
if there is no immediate danger to life, public health, or property.
The expense of a hearing, including any court reporting or advertising
fees, shall be the applicant's responsibility and shall be paid
into an escrow account held by the Borough in an amount anticipated
to cover such expenses prior to scheduling such hearing.
F.
Occupancy permit. An occupancy permit shall not be issued unless
the certification of completion from the Borough Engineer has been
secured. The occupancy permit shall be required for each lot owner
and/or applicant for all subdivisions and land developments in the
Borough.
