Any person, partnership or corporation, being the owner of land
on which a land disturbance activity, as defined in this chapter,
has occurred or is being engaged in, shall comply with the provisions
of this chapter and the stormwater management permit. Any land disturbance
conducted in violation of this chapter or the stormwater management
permit is hereby declared a public nuisance. In the event of a violation,
Silver Spring Township may initiate the following actions:
A.
Suspension of a stormwater management permit.
(1)
Any permit issued under this chapter may be suspended by the Township
based upon:
(a)
The noncompliance with or failure to implement any provision
of the stormwater management plan; or
(b)
A violation of any provision of this chapter relating to the
project; or
(c)
The creation of any condition or the commission of any act during
construction which constitutes or creates a hazard or nuisance or
which endangers the life or property of others.
B.
Revoke a stormwater management permit.
(1)
Based upon a report from the Township Engineer that the existing
site condition or further construction is likely to endanger property
or create hazardous conditions, the Township may:
C.
Notification of suspension or revocation of a stormwater management
permit. In the event of a suspension or revocation of a stormwater
management permit, the Township shall provide written notification
of the violation to the landowner and/or applicant at his last known
address.
(1)
Such notification shall:
(a)
Cite the specific violation, describe the requirements which have
not been met, and cite the provisions of the ordinance relied upon.
(b)
Identify the specific protective measures to be taken.
(c)
Assign a reasonable time period necessary for action or, in
the case of revocation, identify if the Township has authorized protective
measures to be performed at cost to the landowner.
(d)
Identify the right to request a hearing before the Board of
Supervisors if aggrieved by the suspension or revocation.
(2)
Any person aggrieved by any decision of the Township relevant to
the above appeal of this chapter may appeal to the Cumberland County
Court of Common Pleas within 30 days of the Township's decision.
D.
Civil remedies. Suits to restrain, prevent or abate a violation of
this chapter may be instituted in equity or at law by the Township.
Such proceedings in equity or law may be initiated before any court
of competent jurisdiction. In cases of emergency where, in the opinion
of the court, the circumstances of the case require immediate abatement
of the unlawful conduct, the court may, in its decree, fix a reasonable
time during which the person responsible for the unlawful conduct
shall correct or abate the same. The expense of such proceedings shall
be recoverable from the violator in such manner as may now or hereafter
be provided by law.
A.
Any person who shall violate any of the provisions of this chapter
or who shall fail to comply with any written notice from Silver Spring
Township which describes a condition of noncompliance shall be guilty
of a summary offense and, upon conviction thereof, shall be subject
to a fine payable to Silver Spring Township of not more than $1,000
for each violation, recoverable with costs. In default of payment
of the fine and costs, such person shall be liable to imprisonment
for not more than 30 days. A new and separate violation shall be deemed
to be committed for each day after receipt of the aforesaid notice
that such violation exists.
B.
In addition, the Township may institute injunctive or any other appropriate
action or proceeding of 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, writs
or other appropriate forms of remedy or relief.
A.
Upon presentation of proper credentials, duly authorized representatives
of Silver Spring Township may enter at reasonable times upon any property
within the Township to investigate or ascertain the condition of the
subject property in regard to any aspect regulated by this chapter.
B.
The landowner shall grant to the Township or its agents access to
the site of the work at all times while under construction for the
purpose of inspecting the work.
C.
SWM BMPs must be inspected by the landowner or the owner's designee
(including the Township for dedicated and owned facilities) according
to the following list of minimum frequencies or as otherwise specified
by the Township. All inspection reports shall be submitted to the
Township.
Permits issued pursuant to this chapter do not relieve the applicant
of the responsibility to secure required permits or approvals for
activities regulated by any other applicable code, rule, act or ordinance
of another governing body. Any provision of any other statute, code,
ordinance or regulation which provides greater protection shall control
in the event of conflicting regulations.
The degree of stormwater management sought by the provisions
of this chapter is considered reasonable for regulatory purposes.
The issuance of permits by Silver Spring Township, its officers or
employees shall not be deemed to relieve the developer of responsibility,
if any such responsibility exists, to those adversely affected by
the drainage of water. Further, the Township through the issuance
of a permit assumes no responsibility to either the developer or the
adjoining property owner affected by the drainage of water.
Applications validly submitted to the Township per approval
and any litigation pending under or because of any previously enacted
stormwater management ordinance prior to the effective date hereof
shall be evaluated and governed by such prior ordinance, and for such
limited purpose, such previously enacted ordinance or ordinances shall
be saved from repeal as hereafter provided.
Except only as otherwise provided in § 345-32, all other ordinances or parts of ordinances inconsistent herewith shall be and are hereby repealed.
