[Ord. 2012-144, 8/9/2012, § 701]
1. 
Upon presentation of proper credentials, the Building Permit Officer, Township Engineer or other Cumberland Township officials or their designees may enter at reasonable times upon any property within Cumberland Township to inspect the condition of the stormwater structures and facilities in regard to any aspect regulated by this chapter.
2. 
Inspections regarding compliance with the SWM site plan may be conducted by the Building Permit Officer, Township Engineer or other Cumberland Township officials or their designees at any time when there may be a question of compliance with the approved SWM site plan, the approved O&M plan, or when any condition exists that may threaten public health, safety, or welfare.
[Ord. 2012-144, 8/9/2012, § 702]
1. 
SWM BMPs shall be inspected by the landowner, or landowner's designee (which shall include Cumberland Township where such facilities have been dedicated to and accepted by Cumberland Township), or the owner's designee, according to the following list of minimum frequencies:
A. 
Annually for the first five years.
B. 
Once every three years thereafter.
C. 
During or immediately after the cessation of a ten-year or greater storm, i.e., a storm of an estimated frequency of recurrence of 10 years or greater (a rainfall total of 4.5 inches in a twenty-four-hour period) interval of time.
D. 
At any other interval as may be specified in the approved O&M Agreement as may be required by the Cumberland Township.
E. 
Owners shall maintain reasonable records of inspections including where maintenance is required. Those records should be available for review upon request of the Building Permit Officer.
[Ord. 2012-144, 8/9/2012, § 703]
1. 
Any SWM site plan approval issued by Cumberland Township for SWM site plans that are not submitted as part of a subdivision and land development plan pursuant to this chapter may be suspended or revoked for any of the following reasons:
A. 
Noncompliance with or failure to implement any provision of the approved SWM site plan or O&M plan.
B. 
A violation of any provision of this chapter or any other applicable law, ordinance, rule, or regulation relating to the regulated activity.
C. 
The creation of any condition or the conduct of any regulated activity which constitutes or creates a hazard, nuisance, pollution, or endangers life or property.
2. 
A suspended SWM site plan approval may be reinstated by the Building Permit Officer when the following conditions are met:
A. 
The Building Permit Officer or his/her designee(s) have inspected and approved the corrections to the violations that caused the suspension.
B. 
The Building Permit Officer is satisfied that the violation has been corrected.
3. 
An SWM site plan approval that has been revoked shall not be reinstated. The applicant may apply for a new SWM site plan approval under the provisions of this chapter.
4. 
If a violation causes no immediate danger to life, public health, or property, Cumberland Township may, at its sole discretion, provide a limited time period for the owner to correct the violation. In these cases, the Building Permit Officer will 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 chapter.
[Ord. 2012-144, 8/9/2012, § 704]
Cumberland Township may institute and maintain appropriate actions by law or in equity to restrain, correct or abate violations of this chapter, to prevent unlawful construction, to recover damages, and to prevent illegal occupancy of a building structure or premises. In addition, Cumberland Township may refuse to issue any permit or grant any approval necessary to improve or develop, any property in violation of this chapter in accordance with § 515.1 of the Pennsylvania Municipalities Planning Code.
[Ord. 2012-144, 8/9/2012, § 705]
1. 
Any person, partnership or corporation who or which has violated the provisions of this chapter, upon being found liable therefor in a civil enforcement proceeding commenced by Cumberland Township, shall pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by Cumberland Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, Cumberland Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation.
2. 
In addition, the Township 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.
3. 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than Cumberland Township the right to commence any action for enforcement of this chapter pursuant to this section.
[Ord. 2012-144, 8/9/2012, § 706]
1. 
SWM Site Plans That Are Not Submitted as Part of a Subdivision and Land Development Plan. Any person aggrieved by any action of the Building Permit Officer of Township Engineer with reference to the suspension, revocation, or administration of the provisions of this chapter may appeal such action to the Cumberland Township Zoning Hearing Board (which has exclusive jurisdiction in accordance with § 909.1(a)(9) of the Pennsylvania Municipalities Planning Code) within 30 days of the action.
2. 
SWM Site Plans That Are Submitted as Part of a Subdivision and Land Development Plan. Any person aggrieved by any action of the Building Permit Officer or Township Engineer with reference to the suspension, revocation, or administration of the provisions of this chapter may appeal such action to the Cumberland Township Board of Supervisors (which has exclusive jurisdiction in accordance with § 909.1(b)(6) of the Pennsylvania Municipalities Planning Code) within 30 days of the action.
3. 
All SWM Site Plans. Any person aggrieved by the approval or denial of a SWM site plan may appeal the decision to the Adams County Court of Common Pleas provided that such appeal is timely filed in accordance with Article X-A of the Pennsylvania Municipalities Planning Code.