The Board of Supervisors may, from time to time, amend this
Part 1 by appropriate action taken at a scheduled public meeting.
Amendments to this Part 1 shall be advertised and enacted in accordance
with the Second Class Township Code.
Except as specifically provided by Act 167, the making of any
administrative decisions by the municipality or any of its officials
or employees shall not constitute a representation, guarantee or warranty
of any kind by the municipality of the practicability or safety of
any proposed structure or use with respect to damage from erosion,
sedimentation, stormwater runoff, flood or other matter and shall
create no liability upon or give rise to any cause of action against
the municipality and/or its officials and employees. The Board of
Supervisors, by enacting this Part 1, does not waive or limit any
immunity granted to the municipality and its officials and employees
and does not assume any liabilities or obligations.
Upon presentation of proper credentials clearly identifying
an individual as a duly authorized representative of the municipality,
a municipal representative may enter at reasonable times upon any
property within the municipality to inspect the condition of the stormwater
structures and facilities in regard to any aspect regulated by this
Part 1.
In the event that a person fails to comply with the requirements
of this Part 1, or fails to conform to the requirements of any permit
issued hereunder, the municipality shall provide written notification
of the violation. Such notification shall set forth the nature of
the violation(s) and establish a reasonable time limit for correction
of these violation(s). Failure to comply within the time specified
shall subject such person to the penalty provisions of this Part 1.
All such penalties shall be deemed cumulative and shall not prevent
the municipality from pursuing any and all remedies at law or equity.
It shall be the responsibility of the applicant of the real property
on which any regulated activity is proposed to occur, is occurring,
or has occurred to comply with the terms and conditions of this Part
1.
The municipality is hereby authorized and directed to enforce
all of the provisions of this Part 1. All inspections regarding compliance
with the drainage plan shall be conducted by the municipality's engineer,
or other municipality designee, in accordance with this Part 1.
A. A set of design plans approved by the municipality shall be on file
at the site throughout the duration of the construction activity.
Periodic inspections may be made by the municipality or designee during
construction.
B. Adherence to approved plan. It shall be unlawful for any person,
firm or corporation to undertake any regulated activity under this
Part 1 on any property within the municipality except as provided
for in the approved drainage plan and pursuant to the requirements
of this Part 1. It shall be unlawful to alter or remove any control
structure required by the drainage plan pursuant to this Part 1 or
to allow the property to remain in a condition which does not conform
to the approved drainage plan.
C. Suspension and revocation of permits.
(1) Any permit issued by the municipality may be suspended by the Board
of Supervisors of the municipality or designated municipality representative
for:
(a)
Noncompliance with or failure to implement any provision of
a permit issued under this Part 1.
(b)
A violation of any provision of this Part 1 or any other applicable
law, ordinance, rule or regulation relating to the stormwater management
facilities at the project.
(c)
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.
(2) A suspended permit shall be reinstated by the Board of Supervisors
of the municipality when:
(a)
The municipality's engineer, or other municipality designee,
has inspected and approved the corrections to the stormwater management
and erosion and sediment pollution control measure(s), or the elimination
of the hazard or nuisance; and/or
(b)
The Board of Supervisors of the municipality is satisfied that
the violation of the ordinance, law, or rule and regulation has been
corrected.
(3) An applicant may request a hearing in accordance with the Local Agency
Law to challenge a suspension. The expense of a hearing shall be the
applicant's responsibility.
(4) A permit may be revoked for any of the reasons set forth in this section authorizing a suspension of a permit if deemed appropriate by the Board of Supervisors of the municipality or a designated municipality representative. A permit that has been revoked cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this Part
1.
(a)
Hearing. Prior to revocation of a permit and at the request
of the applicant, the Board of Supervisors will schedule a hearing,
in accordance with the Local Agency Law, to address the revocation,
if there is no immediate danger to life, public health or property.
The expense of a hearing shall be the applicant's responsibility.
D. Occupancy permit. An occupancy permit shall not be issued unless
the certification of completion, in addition to either the record
drawings or as-built survey, pursuant to this Part 1, has been received
and found acceptable to the municipality. The occupancy permit shall
be required for each lot owner and/or applicant for all subdivisions,
planned residential developments and land development in the municipality.