Township of Warwick, PA Article IX Enforcement and Penalties

§ 157-34 Enforcement.

A. Whenever the municipality finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Township may order compliance by written notice to the responsible person. Such notice may, without limitation, require the following remedies:

(1) Performance of monitoring, analyses, and reporting;

(2) Elimination of prohibited connections or discharges;

(3) Cessation of any violating discharges, practices, or operations;

(4) Abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

(5) Payment of a fee to cover administrative and remediation costs;

(6) Implementation of stormwater facilities and best management practices (BMPs); and

(7) Operation and maintenance (O&M) of stormwater facilities and 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, if applicable, should the violator fail to take the required action within the established deadline, the work will be done by the Township, and the expense may be charged to the violator.

C. Failure to comply within the time specified may subject a violator 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.

§ 157-35 Suspension and revocation of permits and approvals; reinstatement.

A. Any building, land development, or other permit or approval issued by the municipality may be suspended or revoked, in whole or in part, by the municipality for:

(1) Noncompliance with or failure to implement any provision of the permit;

(2) A violation of any provision of this chapter; or

(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, health, or property of others.

B. A suspended permit may be reinstated by the Township when:

(1) The Township or its designee has inspected and approved the corrections to the stormwater facilities and BMPs or the elimination of the hazard or nuisance; and

(2) The Township is satisfied that all applicable violations in this chapter have been corrected.

C. Any permit or approval that has been revoked by the Township cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this chapter.

§ 157-36 Violations and penalties.

A. All inspections regarding compliance with the stormwater management (SWM) site plan and this chapter shall be the responsibility of the municipality.

B. Whenever a landowner fails to comply with the written notice of violation described in § 157-34, the municipality may secure compliance with the terms of this chapter through all available legal remedies. The Township may proceed in a court of equity and/or file a summary citation with a court having jurisdiction of violations of this chapter. Any landowner, person or entity, upon a finding or conviction by a court of competent jurisdiction, shall be sentenced to pay a judgment of not more than $500 for each violation. Each day the violation continues shall be a separate violation. All remedies shall be cumulative.

§ 157-37 Appeals.

[Amended 10-17-2011 by Ord. No. 2011-10; 10-17-2022 by Ord. No. 2022-05]

A. Any person aggrieved by any action pursuant to this chapter may appeal to the Warwick Township Zoning Hearing Board within 30 days of that action.

B. Any person aggrieved by a decision of the Warwick Township Zoning Hearing Board under this chapter may appeal the decision to the Bucks County Court of Common Pleas within 30 days of the decision.