Township of Concord, PA Enforcement

§ 148-27 Notification of noncompliance.

Any activity conducted pursuant to a stormwater management permit issued by Concord Township shall be performed in strict compliance with the terms of that permit. Violations shall be treated in the following manner:

Any noncompliance with the terms of the permit that is identified by the Township Engineer or his designee in the course of inspections as specified in Article VI of this chapter shall be remedied by the permittee according to the terms of that article. Failure to comply with those provisions shall be deemed a violation of this chapter, and the permittee then shall be subject to the procedure of Subsection B below.

If at any time work does not conform to the permit, including conditions thereof, or to the plans and specifications, including modifications thereof, comprising the approved stormwater management plan, a written notice to comply shall be given to the permittee. Such notice shall set forth the nature of corrections required and the time within which corrections shall be made. Upon failure to comply within the time specified, the permittee shall be considered in violation of this chapter, and the Township shall issue a cease and desist order on all work on the site until corrections are made. If corrections are not undertaken within a specified time or the permittee violates the cease and desist order, penalties shall be imposed under § 148-29 of this chapter. Further, when the permit has been issued in accordance with § 148-12 of this chapter, such violation shall be considered a violation of Chapter 160, Subdivision and Land Development, and shall be grounds for the forfeiture of any bond or performance guarantee required under that chapter.

§ 148-28 Misinterpretation of exemption criteria.

Earthmoving and related activities exempt from the need for Township approval are identified in § 148-10 of this chapter. Any property owner who anticipates undertaking earthmoving activities or who intends to authorize such work on his land is responsible to determine the extent of Township approval and permit necessary. Should a misinterpretation of the criteria as applied to his site lead a property owner to conclude erroneously that he is exempt from the requirements of this chapter, he may be notified of his error by the Township, as provided in § 148-19. In such event, all work in progress shall be halted, and the procedures described in Article IV of this chapter shall be applied to the conduct of the project from that point forward. Violations shall then be handled in accordance with § 148-29 of this chapter.

§ 148-29 Violations and penalties.

[Amended 12-3-1996 by Ord. No. 206]

Any person who shall violate any provision of this chapter or who permits the violation of any provision of this chapter shall pay a fine of $600.

Each violation for each separate day and each violation of any provision of this chapter shall constitute a separate and distinct violation.

Any person who violates or permits the violation of any provision of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by Concord Township, pay the fine prescribed by this chapter, plus all court costs, including reasonable attorney fees, incurred by Concord Township.

Enforcement of this chapter shall be the responsibility of the Township Manager, Zoning Officer, Building Inspector, Plumbing Inspector or Fire Marshal, as appropriate, who shall follow the enforcement procedure set forth Chapter 1, General Provisions, Article II, Violations and Penalties.