[Ord. 254, 3/8/2011, § 801]
Upon presentation of proper credentials, the Township may enter
at reasonable times upon any property within the Township to inspect
the condition of the stormwater structures and facilities in regard
to any aspect regulated by this chapter.
[Ord. 254, 3/8/2011, § 802]
1. SWM BMPs should be inspected by the landowner, or the owner's designee
(including Township for dedicated and owned facilities) according
to the following list of minimum frequencies:
A. Annually for the first three years.
C. During or immediately after the cessation of a storm event.
[Ord. 254, 3/8/2011, § 803]
1. 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 §
26-302.
2. It shall be unlawful to violate §
26-703 of this chapter or to alter or remove any control structure required by the SWM site plan.
3. Inspections regarding compliance with the SWM site plan are a responsibility
of the Township.
4. If the Township determines at any time that any permanent stormwater
management facility has been eliminated, altered, or improperly maintained,
the Township shall advise the responsible party of required corrective
measures, and shall provide said responsible party with a specific
time to implement the required corrective measures. If such action
is not taken by the property owner, the Township may cause the work
to be done and back-charge all costs to the property owners in accordance
with this chapter.
[Ord. 254, 3/8/2011, § 804]
1. Any approval or permit issued may be suspended or revoked by the
Township for:
A. Noncompliance with or failure to implement any provision of the approved
SWM site plan or operation and maintenance agreement.
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 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.
2. A suspended approval may be reinstated by the Township when:
A. The Township has inspected and approved the corrections to the violations
that caused the suspension.
B. The Township is satisfied that the violation has been corrected.
3. An approval that has been revoked by the Township cannot be reinstated.
The applicant may apply for a new approval under the provisions of
this chapter.
4. If a violation causes no immediate danger to life, public health,
or property, at its sole discretion, the Township shall provide a
reasonable time frame for the owner to correct the violation. In these
cases, the Township 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 Township may revoke
or suspend any, or all, applicable approvals and permits pertaining
to any provision of this chapter.
[Ord. 254, 3/8/2011, § 805]
1. Any person who fails to comply with this chapter within the period
stated in the notice of the designated municipal representative 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 fails to comply with the terms
of this chapter within the time specified by the Township representative,
the Township may take any actions necessary to remove the public nuisance.
The costs of removal of the violation shall be in addition to any
penalties for violations for failure to comply.
B. In addition to the fines for violations, costs, and penalties provided
for by this Part, the Township may institute proceedings in courts
of equity to require owner and/or occupants of real estate to comply
with the provision of this chapter.
C. The cost of removal, fine, and penalties hereinabove mentioned may
be entered by the Township as a lien against such property, or properties
of individual members of a property owners association, in accordance
with existing provisions of law.
[Ord. 254, 3/8/2011, § 803; as amended by Ord. 263, 5/14/2013, Art. 3]
1. Appeals from the determination of the municipality or its authorized
agent under this chapter shall be made to the Old Lycoming Township
Stormwater Appeals Board. Such appeals shall be in writing, addressed
to Stormwater Appeals Board at the Township and shall be filed within
30 days of the date of determination appealed from.
2. All requests to the Stormwater Appeals Board shall state the grounds
and facts of unreasonableness or hardship on which the request is
based, the provision(s) of the Chapter, and the minimum modification
necessary.
3. The Stormwater Appeals Board shall conduct hearings and make decisions
in accordance with the following requirements:
A. Written notice shall be given to the appellant, the Zoning Officer,
such other persons as the Township may designate by resolution, to
any person who has made timely request for the same and to any other
person as the Stormwater Appeals Board shall determine. Written notices
shall be given at such time and in such manner as shall be prescribed
by the rules of the Stormwater Appeals Board, but shall not give less
than 15 days' notice of the said hearing.
B. The Township may set reasonable fees by resolution with respect to
hearings before the Stormwater Appeals Board. Fees for such hearings
may include compensation for the secretary and members of the Stormwater
Appeals Board, notice and advertising costs, the cost of stenographic
recording and necessary administrative overhead connected with the
hearing. The cost, however, shall not include legal expenses of the
Stormwater Appeals Board, expenses for engineering, architectural
or other technical consultants or expert witness costs.
C. The hearing shall be held within 60 days from the date of the appellant's
written request, unless the appellant has agreed, in writing, to the
extension of time.
D. The hearing shall be conducted by the Stormwater Appeals Board. A
simple majority of the Board being present shall constitute a quorum.
E. The decision of the Stormwater Appeals Board shall be made, in writing,
within 30 days of termination of the hearing and shall be communicated
by first-class mail to the appellant and any other parties who have
appeared at the addresses set forth by them.
F. The parties to the hearing shall be the municipality, the appellant,
any person affected by the appeal who has made timely appearance of
record before the Stormwater Appeals Board and any other person, including
civic, community or State organizations permitted to appear by the
Stormwater Appeals Board. The Stormwater Appeals Board shall have
the power to require that all persons who wish to be considered parties
enter appearance in writing.
G. The Chairman or Acting Chairman of the Stormwater Appeals Board or
presiding officer shall have the power to administer oaths and issue
subpoenas to compel the attendance of the witnesses and the production
of relevant documents and papers, including witness and documents
requested by the parties.
H. The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine witnesses on all relevant issues.
I. Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
J. The Stormwater Appeals Board shall not communicate directly or indirectly
with any party or his representatives in connection with any issue
involved except upon notice and opportunity for all parties to participate;
shall not take notice of any communications, reports, staff memorandum
or other materials, except advice from their solicitor, unless the
parties are afforded an opportunity to contest the material so noticed;
and shall not inspect the site or its surroundings after the commencement
of hearings with any party or his representative unless all parties
are given an opportunity to be present.
K. Where legal counsel is desired, an attorney, other than the Township
Solicitor, may be appointed by the Old Lycoming Township Board of
Supervisors to serve as counsel to the Stormwater Appeals Board.
4. The Stormwater Appeals Board may grant an appeal to modify the requirements
of one or more provisions if the application of this chapter will
exact undue hardship due to peculiar conditions pertaining to the
land in question, providing such modification will not be contrary
to the public interest and that the purpose and intent of the Chapter
is observed.
5. The Stormwater Appeals Board may refer any request for an appeal
to the Old Lycoming Township Engineer, the Old Lycoming Township Planning
Commission, and/or the Old Lycoming Township Board of Supervisors
for advisory comments.
6. Any person aggrieved by any decision of the Township, 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 Township's decision.