Failure to file the required drainage plans as mandated by terms of this Part 1 and commencement of any development activities, including excavation or construction of a permanent nature in any watershed areas of Whitpain Township including the watersheds, subwatersheds and basins within the Stony Creek and Saw Mill Run watersheds, shall constitute a violation of this Part 1.
Notice of violation shall be effective when written notice of a violation of any provision of this Part 1 has been delivered, either personally or by certified mail, return receipt required, by the Township Engineer or his or her duly authorized agent to the owner, the agent of the owner, the contractor or the subcontractor of the owner or the occupant of the premises where such violation or purported violation is occurring.
[Amended 6-17-2025 by Ord. No. 426]
A. 
Any person, partnership, corporation, unincorporated association, institution or other entity who or which shall violate any of the provisions of this Part 1 shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not more than $1,000. In default of payment of the fine, such person, the members of such partnership or unincorporated association and the officers of such corporation or institution shall be liable to imprisonment for not more than 60 days.
B. 
Per diem penalties. Each day that a violation continues shall constitute a separate violation or offense.
C. 
In addition, the municipality may institute injunctive, mandamus, or any other appropriate action or proceeding at law or in equity for the enforcement of this Part. 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.
D. 
Enforcement.
(1) 
It shall be unlawful for a person to undertake any regulated activity except as provided in an approved stormwater management plan, unless specifically exempted in § 125-7.
(2) 
It shall be unlawful to violate § 125-39 of this Part.
(3) 
Inspections regarding compliance with the stormwater management plan are a responsibility of the municipality.
E. 
Suspension and revocation.
(1) 
Any approval or permit issued by the municipality pursuant to this Part may be suspended or revoked for:
(a) 
Non-compliance with or failure to implement any provision of the approved stormwater management plan or O&M agreement.
(b) 
A violation of any provision of this Part 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, nuisance, or pollution, or endangers the life or property of others.
(2) 
A suspended approval may be reinstated by the municipality when:
(a) 
The municipality has inspected and approved the corrections to the violations that caused the suspension.
(b) 
The municipality is satisfied that the violation has been corrected.
(3) 
An approval that has been revoked by the municipality cannot be reinstated. The applicant may apply for a new approval under the provisions of this Part.
(4) 
If a violation causes no immediate danger to life, public health, or property, at its sole discretion, the municipality may provide a limited time period for the owner to correct the violation. In these cases, the municipality 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 Part.
F. 
Appeals.
(1) 
Any person aggrieved by any action of the municipality or its designee, relevant to the provisions of this Part, may appeal to the municipality within 30 days of that action.
(2) 
Any person aggrieved by any decision of the municipality, relevant to the provisions of this Part, may appeal to the County Court of Common Pleas in the county where the activity has taken place within 30 days of the municipality's decision.
In case any building or structure is erected, altered, constructed, reconstructed, repaired, converted or maintained or any building, structure or land is used in violation of any provision of this Part 1, or regulation adopted hereunder, the Board of Supervisors of Whitpain may institute any appropriate action or proceedings, in addition to other remedies provided by law, whether by legal processes or otherwise, to prevent such unlawful excavating, construction, alteration or use, to restrain, correct or abate such violation, to prevent occupancy of said building, structure or use or to prevent any illegal act, conduct, business or use in or about the premises.