Upon presentation of proper credentials, duly authorized representatives
of the Township may enter at reasonable times upon any property within
the Township to investigate or ascertain the condition of the subject
property in regard to any aspect regulated by this chapter.
The Board of Supervisors is hereby authorized and directed to
enforce all of the provisions of this chapter.
A. Any permit or approval issued by the Township pursuant to this chapter
may be suspended by the Township for:
(1) Noncompliance with or failure to implement any provision of the approved
SWM site plan or O&M agreement.
(2) A violation of any provisions 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
construction or development that constitutes or creates a hazard,
nuisance, pollution or endangers the life or property of others.
B. A suspended permit may be reinstated by the Township when:
(1) The Township has inspected and approved the corrections to the violation
that caused the suspension;
(2) The Township is satisfied that the violation has been corrected.
[Amended 9-12-2022 by Ord. No. 268]
If the Township determines that any requirement under this chapter
cannot be achieved for a particular regulated activity, the Township
may, after an evaluation of alternatives, approve measures other than
those in this chapter, subject to the following:
A. Waivers or modifications of the requirements of this chapter may
be approved by the Township if enforcement will exact undue hardship
because of peculiar conditions pertaining to the land in question,
provided that the modifications will not be contrary to the public
interest and that the purpose of the chapter is preserved. Cost or
financial burden shall not be considered a hardship. Modification
may be considered if an alternative standard or approach will provide
equal or better achievement to the maximum extent practicable of the
purpose of the chapter. A request for modifications shall be in writing
and accompany the stormwater management site plan submission. The
request shall provide the facts on which the request is based, the
provision(s) of the chapter involved and the proposed modification.
B. The provisions of this chapter not relating to water quality are
intended as minimum standards for the protection of the public health,
safety, and welfare. The Township reserves the right to modify or
to extend them conditionally in individual cases as may be necessary
in the public interest; provided, however, that such variation shall
not have the effect of nullifying the intent and purpose of this chapter,
and that the applicant shows that to the satisfaction of the Township
that the applicable regulation is unreasonable, or will cause undue
hardship, or that an alternative proposal will allow for equal or
better results. The list of such modifications, along with an explanation
of and justification for each modification, shall be included on the
plan. This section does not apply during an enforcement action.
C. In granting waivers/modifications for provisions of this chapter
not relating to water quality, the Township may impose such conditions
as will, in its judgment, secure substantially the objectives of the
standards and requirements of this chapter.
D. No waiver or modification of any regulated stormwater activity involving
earth disturbance greater than or equal to one acre may be granted
by the Township unless that action is approved in advance by DEP or
the delegated county conservation district.
E. No waiver or modification can be granted that would conflict with
the requirements of the MS4 permit.