[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.
B. 
Biannually thereafter.
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An approval that has been revoked by the Township cannot be reinstated.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.