[Ord. 737, 1/19/2017]
1. 
The Department of Licenses and Inspections, or its duly authorized agents, shall deny a permit where, in its opinion, the work as proposed by the applicant may endanger any property or any street or alley or fails to meet Township standards. In determining whether the proposed work is likely to endanger any property, streets, alleys, or create hazardous conditions, the Department of Licenses and Inspections, or its duly authorized agents, shall give due consideration to:
A. 
Possible saturation by rains.
B. 
Earth movements.
C. 
Runoff of surface waters and subsurface conditions.
D. 
Stratification and faulting of rock.
E. 
Nature and type of the soil or rock.
[Ord. 737, 1/19/2017]
Every permit shall expire by limitation and become null and void if the work authorized by such permit has not been commenced within six months or is not completed within two years from the date of issue. The Department of Licenses and Inspections, or its duly authorized agents, may grant reasonable extensions of time, provided the application for extension of time is made before the date of expiration of the permit, if the permit holder presents satisfactory evidence that unusual difficulties have prevented work from being started or completed within the specified time limits.
[Ord. 737, 1/19/2017]
1. 
The Department of Licenses and Inspections, or its duly authorized agents, shall inspect and enforce compliance of all features, facilities, activities, materials and methods associated with erosion and sediment control measures and stormwater management control measures as deemed appropriate by Warminster Township.
2. 
The Department of Licenses and Inspections, or its duly authorized agents, shall inspect all phases of regulated activities of the qualified site, including, but not limited to:
A. 
Installation and maintenance of temporary erosion control measures and BMPs.
B. 
Commencement and completion of preliminary site preparation, including stripping of vegetation, stockpiling of topsoil, and construction of temporary erosion control facilities.
C. 
Completion of rough grading, but prior to placing topsoil and ground covers.
D. 
Establishment of ground covers and plantings.
E. 
Upon completion of any final grading, vegetative control measures or other site restoration work done in accordance with the approved erosion and sediment control plan, stormwater management control plan, and permit.
3. 
No work shall begin on a subsequent stage until the preceding stage has been inspected and/or approved by the Department of Licenses and Inspections or its duly authorized agents.
4. 
It is the responsibility of the applicant to notify the Department of Licenses and Inspections, or its duly authorized agents, 48 hours in advance of the completion of each phase of earth disturbance activity.
5. 
During any stage of the work, if Warminster Township determines that the features, facilities, activities, materials and methods associated with erosion and sediment control measures and stormwater management control measures are not being installed in accordance with the approved permit, Warminster Township shall revoke any existing permits or other approvals and issue a cease and desist order until a revised permit is submitted and approved, as specified in this chapter and until the deficiencies are corrected.
6. 
Any portion of the work which does not comply with the approved permit must be corrected by the applicant within 10 days. No work may proceed on any subsequent phase of the earth disturbance activity until the required corrections have been made.
7. 
If, at any stage of the work, the Department of Licenses and Inspections, or its duly authorized agents, determines that the soil or other conditions are not as stated or shown in the approved application, the same may refuse to approve further work, and the Township may revoke existing permits until a revised permit is submitted and approved, as required by this chapter. If the revised permit cannot remedy the situation, Warminster Township reserves the right to cancel its approval and halt all work except for that work required to eliminate the activity, stabilize the site, and return the site to pre-activity conditions as much as is reasonably possible.
8. 
If the Department of Licenses and Inspections, or its duly authorized agents, discovers that the facilities or measures installed may be in violation of Chapter 102, Erosion and Sediment Control, of the Pennsylvania Code (the Clean Streams Law[1] provisions), the Department of Licenses and Inspections, or its duly authorized agents, will refer these violations to the Bucks County Conservation District.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
[Ord. 737, 1/19/2017]
1. 
Fees shall be established by Warminster Township to cover plan review and construction inspection costs incurred by Warminster Township. Permit fees will be calculated by the Department of Licenses and Inspections or its duly authorized agents. All fees shall be paid by the applicant at the time of permit submission. No permit to begin any work on the project shall be issued until the permit, including the erosion and sediment control plan and stormwater management control plan, is approved and requisite fees have been paid.
2. 
The applicant is responsible for all fees associated with the review and approval of the permit and inspection of the work during construction, including fees from the Township Engineer and/or any other professional consultant the Township may require. Involvement of the Township Engineer shall be at the discretion of the Department of Licenses and Inspections or its duly authorized agents.
3. 
A review and inspection fee schedule shall be established by resolution of the Board of Supervisors based on the area of the earth disturbance activity, costs for reviewing erosion and sediment control and stormwater management control plans, and costs for conducting inspections pursuant to § 19-503. Warminster Township shall periodically update the fee schedule to ensure that review and inspection costs are adequately reimbursed.
[Ord. 737, 1/19/2017]
1. 
Upon presentation of proper credentials, duly authorized representatives of Warminster Township may enter at reasonable times upon any property within Warminster Township to investigate the implementation, condition, or operation and maintenance of the erosion and sediment control measures or best management practices (BMPs) in regard to any aspect governed by this chapter.
2. 
Landowners with erosion and sediment control measures and BMPs on their property shall allow persons working on behalf of Warminster Township ready access to all parts of the premises for the purposes of determining compliance with this chapter.
3. 
Unreasonable delays in allowing Warminster Township access to erosion and sediment control measures or BMPs is a violation of this chapter.
[Ord. 737, 1/19/2017]
The Department of Licenses and Inspections, or its duly authorized agents, is charged with the duty of enforcing the provisions of this chapter.
A. 
Whenever Warminster Township finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Department of Licenses and Inspections, or its duly authorized agents, 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) 
Cessation of any violating practices or operations;
(3) 
Abatement or remediation of erosion and sediment pollution or contamination hazards and the restoration of any affected property;
(4) 
Payment of a fine to cover administrative and remediation costs;
(5) 
Implementation of erosion and sediment control measures and best management practices (BMPs); and
(6) 
Operation and maintenance of erosion and sediment control measures and BMPs.
B. 
Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these 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 Warminster 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 Warminster Township from pursuing any and all other remedies available in law or equity.
[Ord. 737, 1/19/2017]
1. 
Any building, land development, or other permit or approval issued by Warminster Township may be suspended or revoked, in whole or in part, by Warminster Township for:
A. 
Noncompliance with or failure to implement any provision of the permit;
B. 
A violation of any provision of this chapter; or
C. 
The creation of any condition or the commission of any act during construction or development which constitutes or creates a hazard or nuisance or pollution or which endangers the life, health, or property of others.
2. 
A suspended permit may be reinstated by Warminster Township when:
A. 
Warminster Township has inspected and approved the corrections to the erosion and sediment control measures and BMPs or the elimination of the hazard or nuisance; and
B. 
Warminster Township is satisfied that all applicable violations in this chapter have been corrected.
3. 
Any permit or approval that has been revoked by Warminster Township cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this chapter.
[Ord. 737, 1/19/2017]
Any person, partnership, firm or corporation who shall violate any provision of this chapter, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense.
[Ord. 737, 1/19/2017]
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.