A. 
Upon presentation of proper credentials, Straban Township officials or its designee(s) 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.
B. 
Inspections regarding compliance with the SWM site plan may be conducted by the municipality at any time when there may be a question of compliance with the approved SWM site plan, the approved O&M plan, or when any condition exists that may threaten public health, safety, or welfare.
C. 
If, at any time, the Township or its designee discovers any violation or condition not conforming with those designs and plans filed with the Township in regard to the operation of a stormwater management facility, it shall notify the responsible owners of the violation, informing them of the nature of such violation and the manner in which it can be corrected.
D. 
Under no circumstances shall any person be allowed to remove any previously approved stormwater management facility unless an approved alternate facility is approved by the Township.
E. 
Under no circumstances shall any person be allowed to modify, alter or change a previously approved stormwater management facility unless approved by the Township.
F. 
In the event that the landowner, developer or homeowners' association, as the case may be, shall refuse or neglect after no less than 14 days' written notice from the Township to comply with the provisions of this section, the Township may direct and/or conduct the work to correct any violation or noncompliance with the terms of this chapter and all other ordinances and codes of the Township and institute action for payment of cost incurred. The Township may impose a municipal lien for the costs, plus 10%, incurred by the Township in making any corrections to the operation, maintenance, or upkeep of the facility, together with reasonable attorney fees.
A. 
SWM BMPs shall be inspected by the landowner, or landowner's designee, or the owner's designee, and a written report of the inspection shall be prepared and kept by the inspector, according to the following list 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.
(4) 
At any other interval as may be specified in the approved O&M agreement.
B. 
Should any inspection by the owner or by the Township reveal a defect in the stormwater facilities, a written report of that inspection noting the defects observed shall be filed with the Township within 10 days after the inspection.
C. 
Written reports of inspection, if not filed with the Township pursuant to Subsection B, above, shall be available for review and copying by the Township upon reasonable notice.
A. 
Any SWM site plan approval issued by the 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 or any other applicable law, ordinance, rule, or regulation relating to the regulated activity.
(3) 
The creation of any condition or the conduct of any regulated activity which constitutes or creates a hazard, nuisance, pollution, or endangers life or property.
B. 
A suspended SWM site plan approval may be reinstated by the Township when the following conditions are met.
(1) 
The Township officials or its designee(s) have inspected and approved the corrections to the violations that caused the suspension.
(2) 
The Township is satisfied that the violation has been corrected.
C. 
An SWM site plan approval that has been revoked by the Township 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 Township may, at its sole discretion, 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 municipality may revoke or suspend any, or all, applicable approvals and permits pertaining to any provision of this chapter.
Straban Township may institute injunctive, mandamus, or any other appropriate action or proceeding at law or in equity for the enforcement of this chapter when Straban Township determines that a property owner or developer has initiated a regulated activity without receiving SWM site plan approval, that a property owner or developer has failed to comply with an approved SWM site plan or approved O&M plan, or that a property owner or developer has violated any other provision 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.
This chapter has been adopted to provide for health, safety and welfare of the people of the Township and to regulate water. 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 $1,000 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 Straban Township or its designee, relevant to the review, approval, or denial of plans, or to the enforcement of the provisions of this chapter, may appeal said action to the Board of Supervisors of the Township within 30 days of that action.
B. 
Any person aggrieved by any decision regarding the appeal of any action of Straban Township or its designee, may appeal the decision to the Adams County Court of Common Pleas within 30 days of the decision of the Board of Supervisors of the Township rendered pursuant to an appeal timely brought in accord with Subsection A of this section.