Part 4

Part 4
Enforcement and Penalties

§23-401 Right-of-Entry.

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.

(Ord. 2013-02, 9/9/2013, Art. IV, §1)

§23-402 Notification.

In the event that any person (as defined in the Storm Water Management Act, Act of October 4, 1978, P.L. 864, No. 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 provision 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.

(Ord. 2013-02, 9/9/2013, Art. IV, §2)

§23-403 Enforcement.

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, No. 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 3 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 non-compliance 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) A suspended permit shall be reinstated by the Municipality after the following occur:

(a) 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.

(b) The Municipality is satisfied that the violation of the ordinance, law, or rule and regulation has been corrected.

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.

(Ord. 2013-02, 9/9/2013, Art. IV, §3)

§23-404 Penalties for Failure to Comply.

Any person (as defined in the Storm Water Management Act, Act of October 4, 1978, P.L. 864, No. 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 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 home owners association, in accordance with existing provisions of law.

(Ord. 2013-02, 9/9/2013, Art. IV, §4)

§23-405 Appeals.

1. 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 Wolf 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 Wolf 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.

2. Appeals from a determination of the Wolf Township Board of Supervisors or the Wolf Township Zoning Hearing Board shall be brought before the Lycoming 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 Wolf Township Board of Supervisors or the Wolf Township Zoning Hearing Board is issued.

3. 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 Rule of Civil Procedure No. 1091.