§ 143-36Public nuisance.
§ 143-37Alteration of stormwater facilities.
§ 143-38Enforcement generally.
§ 143-39Suspension and revocation of
permits and approvals.
§ 143-40Stop-work order.
§ 143-41Enforcement notice.
§ 143-42Violations and penalties.
§ 143-43Appeals.
No person shall modify, remove, fill, landscape or alter any existing stormwater BMP(s), unless it is part of an approved maintenance program, without the written approval of the Township.
No person shall place any structure, fill, landscaping or vegetation into a stormwater BMP(s) or within a drainage easement, which would limit or alter the functioning of the BMP(s), without the written approval of the Township.
It shall be unlawful to alter or remove any permanent stormwater facility required by an approved stormwater management plan, or to allow the property to remain in a condition which does not conform to an approved facilities stormwater management plan, unless an exception is granted in writing by the Township.
Whenever the Township finds that a person has violated a prohibition or failed to meet a requirement of any of the provisions of this chapter, the Township may order compliance by written notice to the responsible person. Such notice may require, without limitation:
The performance of monitoring, analyses and reporting;
The elimination of prohibited discharges;
Cessation of any violating discharges, practices or operations;
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
Payment of a fine to cover administrative and remediation costs;
The implementation of stormwater BMP(s); and
Operation and maintenance of stormwater BMP(s).
Failure to comply within the time specified shall also subject such person to the penalty provisions of this chapter. All such penalties shall be deemed cumulative and shall not prevent the Township from pursuing any and all other remedies available in law or equity.
Any building, land development or other permit or approval for regulated earth disturbance activities issued by the Township may be suspended or revoked by the governing body for:
Noncompliance with or failure to implement any provision of the permit;
A violation of any provision of this chapter; or
The creation of any condition or the commission of any act during construction or development which constitutes or creates a hazard or nuisance, pollution or which endangers the life or property of others.
A suspended permit or approval shall be reinstated by the Township when:
A permit or approval which has been revoked by the Township cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this chapter.
Notice to stop work. Upon notice from the Township that work on the installation of public or private improvements is being prosecuted contrary to the provisions of this chapter, such work shall be immediately stopped. The stop-work order shall be in writing and shall be given to the developer or to the person doing the work. The stop-work order shall state the conditions under which the work may be resumed.
Unlawful continuance. Any person who shall continue any work in or about a work site having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, shall be liable for the violations and penalties set forth herein.
It shall be unlawful for any developer, owner or public utility company to construct public or private improvements regulated by this chapter, or cause the same to be done, in conflict with or in violation of any of the provisions of this chapter.
Enforcement notice.
If any violation of this chapter has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.
An enforcement notice shall state at least the following:
The name of the owner of record and any other person against whom the Township intends to take action.
The location of the property in violation.
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
That the recipient of the notice has the right to appear to the Township Board of Supervisors within a prescribed period of time in accordance with procedures set forth in this chapter.
That failure to comply with the notice within the time specified, unless extended by appeal to the Township Board of Supervisors, constitutes a violation with possible sanctions clearly described.
Any person who shall violate a provision of this chapter or who shall fail to comply with any requirement thereof shall be subject to the penalties of this chapter. Each day that a violation continues shall be a separate offense.
Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the Township from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation or to stop an illegal act.
Any person violating the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $ 1,000 for each violation, recoverable with costs, or imprisonment of not more than 90 days in the Beaver County Jail, or both. Each day that the violation continues shall be a separate offense.
In addition, the Township, through its Solicitor, may institute injunctive, mandamus or any other appropriate action or proceeding at law or in equity for the enforcement 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.
Nothing contained in this section shall be construed or interpreted to grant any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.
Any person aggrieved by any action of the Township or its designee relevant to the provisions of this chapter may appeal to the relevant judicial or administrative body according to law, within the time period allowed.
