[Ord. No. 2022-01, 7/12/2022]
During construction, duly authorized representatives of Plumstead
Township may enter at reasonable times upon any property within the
Township to investigate whether construction activity is in compliance
with this Part.
[Ord. No. 2022-01, 7/12/2022]
A. In the event that a person fails to comply with the requirements
of this Part, or fails to conform to the requirements of any permit
issued hereunder, the Township shall provide written notification
of the violation. Such notification shall set forth the nature of
the violation(s) and establish a time limit for correction of this
(these) violation(s). Failure to comply within the time specified
shall subject such person to the penalty provisions of this Part.
All such penalties shall be deemed cumulative. In addition, the Township
may pursue any and all other remedies. It shall be the responsibility
of the owner of the real property on which any regulated activity
is proposed to occur, is occurring, or has occurred, to comply with
the terms and conditions of this Part.
B. In the case where the violation poses an immediate threat to the
health, safety, and welfare of the community, no notice under this
section shall be required.
[Ord. No. 2022-01, 7/12/2022]
The Board of Supervisors is hereby authorized and directed to
enforce all of the provisions of this Part. All inspections regarding
compliance with the stormwater management plan shall be the responsibility
of the Township Engineer or other qualified persons designated by
the Township as directed by the Board of Supervisors.
A. A set of design plans approved by the Township shall be on file at
the site throughout the duration of the construction activity. Periodic
inspections may be made by the Township or designee during construction.
B. Adherence to approved plan. It shall be unlawful for any person, firm, or corporation to undertake any regulated activity under §
26-104 on any property except as provided for in the approved stormwater management plan and pursuant to the requirements of this Part. It shall be unlawful to alter or remove any control structure required by the stormwater management plan pursuant to this Part or to allow the property to remain in a condition which does not conform to the approved stormwater management plan.
C. At the completion of the project, and as a prerequisite for the release
of the performance guarantee, the owner or his representatives shall:
(1)
Provide a certification of completion from a professional engineer
verifying that all permanent facilities have been constructed according
to the plans and specifications and approved revisions thereto.
(2)
Provide an electronic copy and two paper prints of as-built
drawings.
D. After receipt of the certification by the Township, a final inspection
shall be conducted by the Board of Supervisors or its designee to
certify compliance with this Part.
E. Prior to revocation or suspension of a permit, the Board of Supervisors
will schedule a hearing to discuss the noncompliance if there is no
immediate danger to life, public health or property.
F. Suspension and revocation of permits.
(1)
Any permit issued under this Part may be suspended or revoked
by the Board of Supervisors for:
(a)
Noncompliance with, or failure to implement, any provision of
the permit.
(b)
A violation of any provision of this Part or any other applicable
law, ordinance, rule, or regulation relating to the project.
(c)
The creation of any condition or the commission of any act during
construction or development which constitutes or creates a hazard
or nuisance, pollution or which endangers the life or property of
others.
(2)
A suspended permit shall be reinstated by the Board of Supervisors
when:
(a)
The Township Engineer or his designee has inspected and approved
the corrections to the stormwater management and erosion and sediment
pollution control measure(s), or the elimination of the hazard or
nuisance; and/or
(b)
The Board of Supervisors is satisfied that the violation of
the ordinance, law, or rule and regulation has been corrected.
(3)
A permit that has been revoked by the Board of Supervisors cannot
be reinstated. The applicant may apply for a new permit under the
procedures outlined in this Part.
G. Occupancy Permit. An occupancy permit shall not be issued unless
the certification of compliance has been secured. The occupancy permit
shall be required for each lot owner and/or developer for all subdivisions
and land developments in the Township.
[Ord. No. 2022-01, 7/12/2022]
A. The violation of any provision of this Part is hereby deemed a public
nuisance.
B. Each day that a violation continues shall constitute a separate violation.
[Ord. No. 2022-01, 7/12/2022]
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this Part shall, upon
being found liable therefor in a civil enforcement proceeding commenced
by the Township, pay a judgment of not more than $600 plus all court
costs, including reasonable attorneys' fees incurred by the Township
as a result thereof. Each day that a violation continues shall constitute
a separate violation, and penalties shall be cumulative.
[Ord. No. 2022-01, 7/12/2022]
A. Appeals from the determination of the Township or its designee, or
from the determination of the Township Engineer in the administration
of this Part as it relates to stormwater management of a project,
shall be made to the Board of Supervisors within 30 days of that determination
or decision.
B. Any person aggrieved by a decision of the Board of Supervisors may
appeal to the Zoning Hearing Board within 30 days of the decision.
C. Any person aggrieved by a decision of the Zoning Hearing Board or
Board of Supervisors may appeal to the Bucks County Court of Common
Pleas within 30 days of the decision of the Zoning Hearing Board or
Board of Supervisors.