Upon presentation of proper credentials, the Township or its designated
agent 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.
BMP owners and operators shall allow persons working on behalf of
the Township ready access to all parts of the premises for the purposes
of determining compliance with this chapter.
Persons working on behalf of the Township shall have the right to
temporarily locate, on any BMP in the Township, such devices as are
necessary to conduct monitoring and/or sampling of the discharges
from such BMPs.
The Township Engineer, or their authorized representative, shall
make the inspections hereinafter required and shall either approve
that portion of the work which has been completed or notify the permit
holder wherein the same fails to comply with the provisions of this
chapter. Where it is found by inspection that the soil or other conditions
are not as stated or shown in the application, the Township Engineer
may refuse to approve further work until approval is obtained for
a revised minor earth disturbance plan or a BMP operations and maintenance
plan conforming to existing conditions.
Plans for the earth disturbance activity, bearing the stamp of approval
of the Township Engineer, shall be maintained at the site during the
progress of the grading work and until the work has been completed.
The permit holder shall notify the Township Engineer in order to
obtain inspections in accordance with the following schedule and at
least 48 hours before the inspection is to be made:
If at any stage of the work the Township Engineer shall determine
by inspection that the nature of the excavation or fill activities
are such that further work, as authorized by an existing permit, is
likely to endanger property or streets or alleys or create hazardous
conditions, the Township Engineer may require as a condition to allowing
the work to be done that such reasonable safety precautions be taken
as the Township Engineer considers advisable to avoid such likelihood
of danger. Safety precautions may include but shall not be limited
to specifying a flatter exposed slope, construction of additional
drainage facilities, berms, terracing, compaction or cribbing.
The landowner or the owner's designee (including the Township
for dedicated and owned facilities) shall inspect stormwater management
BMPs, facilities and/or structures installed under this chapter according
to the following frequencies, at a minimum, to ensure the BMPs, facilities
and/or structures continue to function as intended:
Inspections should be conducted during or immediately following precipitation
events. A written inspection report shall be created to document each
inspection. The inspection report shall contain the date and time
of the inspection, the individual(s) who completed the inspection,
the location of the BMP, facility or structure inspected, observations
on performance, and recommendations for improving performance, if
applicable. Inspection reports shall be submitted to the Township
within 30 days following completion of the inspection.
It shall be unlawful for a person to undertake any regulated activity except as provided in an approved stormwater management site plan, unless specifically exempted in § 58-13.
No person shall construct, enlarge, alter, repair or maintain any
grading, excavation or fill, or cause the same to be done, contrary
to or in violation of any provision of this chapter or any permit
granted hereunder.
Whenever the Township finds that a person has violated a prohibition
or failed to meet a requirement of this chapter, the Township may
order compliance by written notice to the responsible person. Such
notice may require without limitation:
Such notification shall set forth the nature of the violation(s)
and establish a time limit for correction of these violations(s).
Said notice may further advise that, if applicable, should the violator
fail to take the required action within the established deadline,
the work will be done by the Township or designee and the expense
thereof shall be charged to the violator.
Failure to comply within the time specified shall also subject such
person to the penalty provisions of this chapter. All such penalties
shall be deemed cumulative and shall not prevent the Township from
pursuing any and all other remedies available in law or equity.
The Township Engineer shall deny a minor earth disturbance permit
or BMP operations and maintenance plan where, in their opinion, the
work as proposed by the applicant may endanger any property or any
street or alley or fails to meet Township standards. In determining
whether the proposed work is likely to endanger any property or streets
or alleys, or create hazardous conditions, the Township Engineer shall
give due consideration to possible saturation by rains, earth movements,
runoff of surface waters, and subsurface conditions such as the stratification
and faulting of rock and the nature and type of the soil or rock.
The Township shall not approve any stormwater management site plan
that is deficient in meeting the requirements of this chapter. At
its sole discretion and in accordance with this article, when a stormwater
management site plan is found to be deficient, the Township may either
disapprove the submission and require a resubmission, or in the case
of minor deficiencies, the Township may accept submission of modifications.
Any appeals from a determination by or other action of the Township
Engineer or by any person or agency enforcing this chapter may be
made to the relevant judicial or administrative body according to
law in accordance with the Pennsylvania Municipalities Planning Code.
The creation of any condition or the commission of any act during
the regulated activity which constitutes or creates a hazard, nuisance,
pollution, or endangers the life or property of others.
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.
If a violation causes no immediate danger to life, public health,
or property, at its sole discretion, the Township may provide a limited
time period 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.
Any person violating any of the provisions of this chapter shall,
upon conviction, be sentenced to pay a fine not to exceed the maximum
fine of $1,000, plus costs of prosecution, and, in default of payment
of such fine and costs of prosecution, imprisonment for a term not
exceeding 30 days; provided, however, that if the district justice
determines that the defendant is without the financial means to pay
the fines and costs immediately or in a single remittance, such defendant
shall be permitted to pay the fines or costs in installations and
over such period so of time as the district justice deems to be just.
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.
Any person aggrieved by any action of the Township or its designee,
relevant to the provisions of this chapter, may appeal to the relevant
judicial or administrative body according to law, within the time
period allowed.