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.
SWM BMPs should be inspected by the landowner/developer
(including municipality for dedicated facilities) according to the
following list of frequencies:
A.
It shall be unlawful for a person to undertake any
regulated activity except as provided in an approved SWM site plan.
B.
It shall be unlawful to alter or remove any control
structure required by the SWM site plan.
C.
Inspections regarding compliance with the SWM site
plan are a responsibility of the municipality.
A.
Any approval for a regulated activity issued may be
suspended or revoked by the municipality for:
(1)
Noncompliance with or failure to implement any provision
of the approval.
(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.
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An approval that has been revoked by the municipality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.
Prior to revocation or suspension of a permit, if
there is no immediate danger to life, public health, or property,
the municipality may notify the landowner/developer to discuss the
noncompliance.
A.
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.
B.
In addition, 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.
A.
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.
B.
Any person aggrieved by any decision of the municipality,
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 municipality's decision.