A.
Upon presentation of proper credentials, duly authorized representatives
of Kidder Township may enter at reasonable times upon any property
within Kidder Township to inspect the implementation, condition or
operation and maintenance of the stormwater and/or BMP facilities
or to investigate or ascertain the condition of the subject property
in regard to any aspect regulated by this part.
B.
Stormwater and/or BMP facility owners and operators shall allow persons
working on behalf of Kidder Township ready access to all parts of
the premises for the purposes of determining compliance with this
part.
C.
Persons working on behalf of Kidder Township shall have the right
to temporarily locate on any stormwater and/or BMP facility in Kidder
Township such devices as are necessary to conduct monitoring and/or
sampling of discharges from such stormwater and/or BMP facility.
D.
Unreasonable delays in allowing Kidder Township access to a stormwater
and/or BMP facility is a violation of this article.
A.
Whenever Kidder Township finds that a person has violated a prohibition
or failed to meet a requirement of this part, Kidder Township may
order compliance by written notice to the responsible person. Such
notice may require, without limitation:
(1)
The elimination of prohibited connections or discharges.
(2)
Cessation of any violating discharges, practices or operations.
(3)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property.
(4)
Payment of a fine to cover administrative and remediation costs.
(5)
The implementation of stormwater facilities and/or BMPs.
(6)
Operation and maintenance of stormwater facilities and/or BMPs.
B.
Such notification shall set forth the nature of the violation(s)
and establish a time limit for correction of the violation(s). Said
notice may further advise that should the violator fail to take the
required action within the established deadline, the work will be
done by Kidder Township or designee and the expense thereof, together
with all related lien and enforcement fees, charges and expenses,
shall be charged to the violator.
C.
Failure to comply within the time specified shall also subject such
person to the penalty provisions of this part. All such penalties
shall be deemed cumulative and shall not prevent Kidder Township from
pursuing any and all other remedies available in law or equity.
D.
It shall be the responsibility of the owner of the real property
on which the regulated activity is proposed to occur, is occurring,
or has occurred, to comply with the terms and conditions of this part.
A.
Neither the granting of any approval nor the compliance with the
provisions of this part or with any condition imposed by Kidder Township,
its officials, employees or designated representatives hereunder,
shall relieve any person from any responsibility for damage to persons
or property resulting there from, or as otherwise imposed by law,
nor impose any liability upon Kidder Township, its officials, employees
or designated representatives to the maximum extent permitted by law.
B.
The granting of any permit which includes any stormwater management
and/or BMP requirements shall not constitute a representation, guarantee
or warranty of any kind by the Kidder Township officials, employees
or designated representatives thereof, of the practicability or safety
of any stormwater structure or facility or BMP, use or other plan
proposed, and shall create no liability or cause of action upon Kidder
Township, its officials, employees, or designated representatives
for any damage that may result pursuant thereto to the maximum extent
permitted by law.
A.
Any building, land development or other permit or approval issued
by Kidder Township may be suspended or revoked by Kidder Township
for:
(1)
Noncompliance with or failure to implement any provision of the permit.
(2)
A violation of any provision of this part.
(3)
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.
B.
A suspended permit or approval shall be reinstated by Kidder Township
when:
(1)
Kidder Township or designee has inspected and approved the corrections
to the stormwater facilities and/or BMPs or the elimination of the
hazard or nuisance.
(2)
Kidder Township is satisfied that the violation of the ordinance,
law or rule and regulation has been corrected.
(3)
Payment of all municipal fees, costs and expenses related to or arising
from the violation has been made.
C.
A permit or approval which has been revoked by Kidder Township cannot
be reinstated. The applicant may apply for a new permit under the
procedures outlined in this part.
A.
Notices. Whenever Kidder Township or designee determines that there
are reasonable grounds to believe that there has been a violation
of any provisions of this part, or of any regulation adopted pursuant
thereto, the Township or Township designee shall give notice of such
alleged violation as hereinafter provided. Such notice shall:
(1)
Be
in writing;
(2)
Include
a statement of the reasons for its issuance;
(3)
Allow
a reasonable time not to exceed a period of 30 days for the performance
of any act it requires;
(4)
Be
served upon the property owner or his agent as the case may require;
provided, however, that such notice or order shall be deemed to have
been properly served upon such owner or agent when a copy thereof
has been served with such notice by any other method authorized or
required by the laws of this state; and
(5)
Contain
an outline of remedial action which, if taken, will effect compliance
with the provisions of this part.
B.
Penalties.
(1)
Any person or entity who fails to comply with any or all of the requirements
or provisions of this part or who fails or refuses to comply with
any notice, order or direction of the Building Permit Officer or any
other authorized agent or employee of the Kidder Township shall be
subject civil fine or penalty of not more than $1,000 for each violation,
recoverable with costs and attorney fees. Each day that the violation
continues shall be a separate offense. The imposition of a fine or
penalty for any violation of or noncompliance with this part shall
not excuse the violation or noncompliance within a reasonable time.
Any development initiated for a structure or building constructed,
reconstructed, enlarged, altered or relocated in noncompliance with
this part may be declared by the Township to be a public nuisance
and abatable as such.
(2)
In addition, Kidder 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 part. Any court of
competent jurisdiction shall have the right to issue restraining orders,
temporary or permanent injunction, mandamus or other appropriate forms
of remedy or relief. A violation of this part shall constitute irreparable
harm for purposes of injunctive relief.
Any person aggrieved by any action of Kidder Township or its
designee relevant to the provisions of this part may appeal using
the appeal procedures established in the Pennsylvania Municipalities
Planning Code.
