of the improvements. The guarantee or security shall cover any and all stormwater management
facilities, BMPs, erosion and sedimentation controls and other required improvements
(collectively, "improvements") and shall be equal to 110% of the cost of completion estimated as
of 90 days following the date scheduled for completion by the developer. Annually the
municipality may adjust the amount of financial security by comparing the actual cost of the
improvements which have been completed and the estimated cost for the completion of the
remaining improvements as of the expiration of the 90th day after either the original date scheduled
for completion or a rescheduled date of completion. Subsequent to said adjustment, the
municipality may require the developer to post additional security in order to assure that the
financial security equals said 110%. Any additional security shall be posted by the developer in
accordance with this subsection.
B. The amount of the guarantee or financial security required shall be determined utilizing
the provisions of §509 (g) of the Municipalities Planning Code.
§702. Release of Completion Guarantee.
The completion guarantee or financial security shall be returned or released upon written
certification by the municipality Engineer or a designated agent that improvements and facilities
have been installed and completed in accordance with the approved plan and specifications. The
procedures for requesting and obtaining a release of the completion guarantee shall be in a manner
prescribed by the §510 of the Municipalities Planning Code.
§703. Default of Completion Guarantee.
If improvements are not installed in accordance with the approved final plans, the Council of the
Bolivar Borough may enforce any corporate bond or any security by appropriate legal and
equitable remedies. If proceeds of such bond or other security are insufficient to pay the cost of
installing or making repairs or corrections to all the improvements covered by said security, the
Bolivar Borough Council may at its option install part of such improvements in all or part of the
development and may institute appropriate legal or equitable action to recover the monies
necessary to complete the remainder of the improvements. All proceeds, whether resulting from
the security or from any legal or equitable action brought against the developer, or both, shall be
used solely for the installation of the improvements covered by such security and not for any other
§704. Dedication of Public Improvements.
- When streets, sanitary sewers, stormwater management facilities, BMPs, erosion
and sedimentation controls or other required improvements in the development have
been completed in accordance with the final plans, such improvements shall be
deemed private until such time as they have been offered for dedication to the
[Municipality] and accepted by separate ordinance or resolution or until they have
been condemned for use as a public facility. The municipality shall be under no
obligation to accept such facilities or controls unless and until the municipality so
determines that it is in the best interest of the municipality to do so.
- Prior to acceptance of any improvements or facilities, the municipality engineer shall
inspect the same to ensure that the same are constructed in accordance with the
approved plans and are functioning properly.
- The owner shall submit as-built plans for all facilities proposed for dedication.
§705. Maintenance Guarantee.
Prior to acceptance of any improvements or facilities, the applicant shall provide financial security
to secure the structural integrity and functioning of the improvements. The security shall:
- Be in the form of a bond, cash, cashier's check or other negotiable securities
acceptable to the municipality.
- Be for a term of 18 months.
- Be in an amount equal to 15 percent of the actual cost of the improvements and
facilities so dedicated.
§706. Fee Schedule.
The Bolivar Borough Council may adopt by resolution, from time to time, a reasonable schedule
of fees to cover the cost of pre-submitted and pre-construction meetings, plan reviews, inspections
and other activities necessary to administer, monitor and enforce the provisions of this Ordinance.
All fees shall be set in accordance with the applicable provisions of the Municipalities Planning
Code, 53 P.S. §10101 et seq., and any dispute over the fee amount shall be resolved in the manner
prescribed by the Municipalities Planning Code.
ARTICLE VllI Enforcement Procedures and Remedies.
§801. Right of Entry.
Upon presentation of proper credentials, duly authorized representatives of the Bolivar Borough
may enter at reasonable times upon any property to inspect, investigate or ascertain the condition
of the subject property in regard to an aspect related to stormwater management regulated by this
Ordinance. Prohibitions and unreasonable delays in allowing the municipality access to a
stormwater management facility pursuant to this Ordinance is a violation of this Ordinance. The
failure of any person or entity to grant entry or to undertake any action which impedes or prevents
entry is prohibited and constitutes a violation of this Ordinance. Unless in the event of an
emergency, the municipality shall notify the property owner and/or developer within twenty-four
hours prior to entry.
§802. Enforcement Generally.
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 Article III Section 303 of this
- It shall be unlawful to alter any BMPs, facilities or structures that were installed under the
Ordinance without written approval of the municipality.
- In the event that the applicant, developer, owner or his/her agent fails to comply with the
requirements of this Ordinance or fails to conform to the requirements of any permit a written notice ofviolation shall be issued. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of the violation(s). Upon failure to comply within the time specified, unless otherwise extended by the municipality, the applicant, developer, owner or his/her agent shall be subject to the enforcement remedies of this Ordinance. Such notice may require without limitation:
1. Whenever the municipality finds that a person has violated a prohibition or
failed to meet a requirement of this Ordinance, the municipality may order
compliance by written notice to the responsible person. Such notice may require
without limitation, any or all of the following:
- The performance of monitoring, analyses, and reporting.
- The elimination of prohibited connections or discharges.
- Cessation of any violating discharges, practices, or operations.
- The abatement or remediation of stormwater pollution or
contamination hazards and the restoration of any affected property.
- Payment of a fine to cover administrative and remediation costs.
- The implementation of stormwater management measures or
- Operation and maintenance of stormwater management measures
- Assessment and payment of any and all costs and expenses relative
to corrective measures taken or to be taken and reasonable costs,
expenses and attorney fees incurred by the municipality in and
related to enforcement and collection proceedings.
2.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 municipality or designee and the expense
thereof shall be charged to the violator.
3.Failure to comply within the time specified shall also subject such person to the
penalty provisions of this Ordinance. All such penalties shall be deemed cumulative
and shall not prevent the municipality from pursuing any and all other remedies
available in law or equity.
§803. Suspension and Revocation
A. Any approval or permit issued by the Municipality pursuant to this Ordinance may be suspended or revoked for:
- Non-compliance with or failure to implement any provision of the approved
SWM Site Plan or O&M Agreement.
- A violation of any provision of this Ordinance or any other applicable law.
ordinance, rule, or regulation related 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 Municipality when:
The Municipality has inspected and approved the corrections to the violations
that caused the suspension.
The Municipality is satisfied that the violation has been corrected.
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 Ordinance.
D. 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 may 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 Ordinance.
§804. Preventative Remedies. In addition to other remedies, the municipality may
institute and maintain appropriate actions by law or in equity to restrain, correct or abate a
violation, to prevent unlawful construction, to recover damages and to prevent illegal occupancy
of a building or premises.
- In accordance with the Municipalities Planning Code, 53 P.S. §10101 et seq., the
municipality may refuse to issue any permit or grant approval to further improve or
develop any property which has been developed in violation of this Ordinance.
§805. Violations and Penalties.
- Any person who has violated or knowingly permitted the violation of the provisions
of this Ordinance or has refused, neglected or failed to perform any of the actions
required pursuant to the Notice set forth in 2.A. above, upon conviction thereof in an
action brought before a magisterial district judge in the manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure, shall be guilty of a summary offense, and shall be sentenced to pay a fine
of not less than $100.00 nor more than $1,000.00 for each violation, plus costs,
together with reasonable attorney fees; and, in default or failure of full and timely
payment of such fine, costs and fees, to a term of imprisonment not to exceed ninety
(90) days or to a term of imprisonment to the extent permitted by law for the
punishment of violations of summary offenses, whichever is less. Each day that a
violation of this Ordinance continues or each Section of this Ordinance which shall
be found to have been violated shall constitute a separate offense. No judgment shall
commence or be imposed, levied or be payable until the date of the determination of
a violation by the magisterial district judge. Each day that a violation of this
Ordinance continues or each Section of this Ordinance which shall be found to have
been violated shall constitute a separate offense.
- If the defendant neither pays nor timely appeals the judgment, the [Municipality] may
enforce the judgment pursuant to applicable rules of civil procedure.
- Each day that a violation continues shall constitute a separate violation unless the magisterial district judge further determines that there was a good faith basis for the person violating this Ordinance to have believed that there was no such violation. In such case there shall be deemed to have been only one such violation until the fifth day following the date of the district justice's determination of the violation; thereafter each day that a violation continues shall constitute a separate violation.
- All judgments, costs and reasonable attorney fees collected for the violation of this
Ordinance shall be paid over to the municipality.
- The court of common pleas, upon petition, may grant an order of stay, upon cause
shown, tolling the per diem fine pending a final adjudication of the violation and
- Nothing contained in this Section shall be construed or interpreted to grant to any
person or entity other than the municipality, the right to commence any action for
enforcement pursuant to this Section.
- Each day that a violation of any provision of this Ordinance shall constitute a separate
violation and be deemed a public nuisance.
§806. Additional Remedies
In addition to the above remedies, the municipality may also seek the remedies and penalties under
applicable Pennsylvania statutes, or regulations adopted pursuant thereto including, but not limited
to, the Stormwater Management Act, 32 P.S. §§693.1 et seq., and the erosion and sedimentation
regulations, 25 Pa.Code, Chapter 102. Any activity conducted in violation of this Ordinance or
any Pennsylvania approved watershed stormwater management plan may be declared a public
nuisance by the municipality and abatable as such.
1. Any person aggrieved by a decision of the Municipality or any of its
authorized persons or agencies, may appeal in writing said decision to the
Council of Bolivar Borough within thirty (30) days of any decision. Any
appeal must be filed with the Council. If a decision appealed is from an
authorized person or agency of the Municipality, a copy of the written
appeal must be filed with such person or agency by such appellant within
thirty (30) days of such decision.
The appellant shall pay to the Municipality at the time of filing the appeal,
any and all fees and charges as set forth in a Resolution of the Municipality.
Procedure. Any Appeal filed pursuant to this section shall be governed by the Local
Agency Law of the Commonwealth of Pennsylvania (2 Pa. C.S.A. §105,
specifically 2 Pa. C.S.A. §551-§555).
Hearing. The Council shall schedule a hearing within sixty (60) days of receipt of
said Appeal. Written notice of the hearing shall be given to the party filing the Appeal and any authorized person or agency of the Municipality involved, not less than fifteen (15) days prior to said hearing.
continue next page