A.
Upon presentation of proper credentials, Mount Joy Township officials
or its designees may at reasonable times enter upon any property within
Mount Joy Township to inspect the condition of the stormwater structures
and facilities in regard to any aspect regulated by this chapter.
B.
Inspections regarding compliance with the SWM site plan may be conducted
by Mount Joy Township officials or its designees at any time when
there may be a question of compliance with the approved SWM site plan
and the approved O&M plan or O&M agreement.
C.
Inspections regarding compliance with the SWM site plan may be conducted
by Mount Joy Township officials or its designees at any time when
any condition exists that may threaten public health, safety, or welfare.
D.
If, at any time, the Township or its designee discovers any violation
or condition not conforming with the approved SWM site plan, O&M
plan or O&M agreement, it shall notify the property owner of the
violation, informing him or her of the nature of such violation, the
manner in which it can be corrected, and the time for the making of
the correction.
A.
SWM BMPs shall be inspected by the property owner (which shall include
Mount Joy Township where such facilities have been dedicated to and
accepted by Mount Joy Township) or the property owner's designee
according to the following schedule of minimum frequencies:
(1)
Annually for the first five years;
(2)
Once every three years thereafter;
(3)
During or immediately after the cessation of a ten-year or greater
storm, i.e., a storm of an estimated frequency of recurrence of 10
years or greater interval of time; and
(4)
At any other interval as may be specified in the approved O&M
agreement.
B.
The property owner or the property owner's designee shall make
and maintain written records of the inspections performed.
C.
The property owner shall submit copies of such inspection records
to the Township within five business days of the performance of the
inspection.
A.
Any SWM site plan approval issued by Mount Joy Township pursuant
to this chapter may be suspended or revoked for any of the following
reasons:
(1)
Noncompliance with or failure to implement any provision of the approved
SWM site plan or O&M plan;
(2)
A violation of any provision of this chapter relating to the regulated
activity; and/or
(3)
The creation of any condition or the conduct of any regulated activity
which constitutes or creates a hazard, nuisance, or pollution or endangers
life or property.
B.
A suspended SWM site plan approval may be reinstated by the Board
of Supervisors when the following conditions are met:
C.
An SWM site plan approval that has been revoked by the Board of Supervisors
shall not be reinstated. The applicant may apply for a new SWM site
plan approval under the provisions of this chapter.
D.
If a violation causes no immediate danger to life, public health,
or property, the Board of Supervisors may, at its sole discretion,
provide a limited time period for the owner to correct the violation.
In these cases, the Board of Supervisors 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 chapter.
Mount Joy Township may direct work to correct any violation
or noncompliance and may institute any appropriate action or proceeding
at law or in equity, including all lawful remedies, for the enforcement
of this chapter whenever Mount Joy Township determines that:
A.
A property owner or developer has initiated a regulated activity
without receiving SWM site plan approval;
B.
A property owner or developer has failed to comply with an approved
SWM site plan, approved O&M plan or approved O&M agreement;
C.
A property owner or developer has violated any other provision of
this chapter; or
D.
Any person has altered, modified, or removed a previously approved
stormwater management facility, unless an alternative facility has
been approved by the Township.
Anyone violating the provisions of this chapter shall be guilty
of a summary offense and, upon conviction, shall be subject to a fine
of not more than $500 for each violation, recoverable with costs.
Each day that the violation continues shall be a separate offense,
and penalties shall be cumulative.
A.
Any person aggrieved by any action of Mount Joy Township, or its
designees, relevant to the enforcement of the provisions of this chapter
may appeal said action in writing to the Board of Supervisors within
30 days of that action.
B.
Any person aggrieved by any decision of the Board of Supervisors
may appeal the decision to the Adams County Court of Common Pleas
within 30 days of the decision of the Board of Supervisors.
All other ordinances, resolutions, rules and regulations of
Mount Joy Township that conflict with this chapter are hereby repealed
to give this chapter full force and effect. All other ordinances,
resolutions, rules and regulations of the Borough not specifically
amended or repealed hereby shall remain in full force and effect.
In the event that a court of competent jurisdiction declares
any section, clause or provision of this chapter invalid, such decision
shall not affect the validity of any of the remaining sections, clauses
or provisions of this chapter.
This chapter shall become effective immediately.
