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.
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.
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.
