[Ord. 2011-09, 9/7/2011, § 901]
Upon presentation of proper credentials, the Township may enter
at reasonable times upon any property within the Township to inspect
the condition of the stormwater structures and facilities in regard
to any aspect regulated by this Chapter.
[Ord. 2011-09, 9/7/2011, § 902]
SWM BMPs should 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:
B. During or immediately after the cessation of a ten year or greater
storm.
C. A report of all inspections shall be submitted to the Township annually.
D. All inspection records shall be maintained by the landowner and shall
be made available to the Township upon written request.
[Ord. 2011-09, 9/7/2011, § 903]
In the event that a person fails to comply with the requirements
of this Chapter, or fails to conform to the requirements of any permit
issued hereunder, the Township shall provide written notification
of the violation. Such notification shall set forth the nature of
the violations and establish a time limit for the correction of these
violation(s). Failure to comply within the time specified shall subject
such person to the penalty provisions of this Chapter. All such penalties
shall be deemed cumulative and does not prevent the Township from
pursuing any and all remedies. It shall be the responsibility of the
owner 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 Chapter.
[Ord. 2011-09, 9/7/2011, § 904]
1. It shall be unlawful for a person to undertake any regulated activity except as provided in an approved SWM site plan, unless specifically exempted in §
25-302.
2. It shall be unlawful to violate any provision of this Chapter.
3. Inspections regarding compliance with the SWM site plan are a responsibility
of the Township.
[Ord. 2011-09, 9/7/2011, § 905]
1. Any approval or permit issued by the Township pursuant to this Chapter
may be suspended or revoked for:
A. Noncompliance with or failure to implement any provision of the approved
SWM site plan or O&M Agreement.
B. A violation of any provision of this Chapter or any other applicable
law, ordinance, rule, or regulation relating to the regulated activity.
C. The creation of any condition or the commission of any act during
the regulated activity which constitutes or creates a hazard, nuisance,
pollution, or endangers the life or property of others.
2. A suspended approval may be reinstated by the Township when:
A. The Township has inspected and approved the corrections to the violations
that caused the suspension.
B. The Township is satisfied that the violation has been corrected.
3. An approval that has been revoked by the Township cannot be reinstated.
The applicant may apply for a new approval under the provisions of
this Chapter.
4. If a violation causes no immediate danger to life, public health,
or property, at its sole discretion, the Township may provide a limited
time period for the owner to correct the violation. In these cases,
the Township will provide the owner, or the owner's designee, with
a written notice of the violation and the time period allowed for
the owner to correct the violation. If the owner does not correct
the violation within the allowed time period, the Township may revoke
or suspend any, or all, applicable approvals and permits pertaining
to any provision of this Chapter.
[Ord. 2011-09, 9/7/2011, § 906]
1. Any person, partnership, or corporation who or which has violated
the provisions of this Chapter shall, upon being found liable therefore
in a civil enforcement proceeding commenced by the Township, pay a
judgment of not more than $1,000 per violation. No judgment shall
commence or be imposed, levied or payable until the date of the determination
of a violation by the district justice. If the defendant neither pays
nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day that
a violation continues shall constitute a separate violations, unless
the district justice determining that there has been a violation further
determines that there has been a good faith basis for the person,
partnership or corporation violating the Chapter to have believed
that there was no such violation, in which event there shall be deemed
to have been only one such violation. The court of common pleas, upon
petition, may grant an order of stay, upon cause shown, tolling the
per diem judgment pending a final adjudication of the violation and
judgment.
2. The Township may institute injunctive, mandamus, or any other appropriate
action or proceeding at 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, mandamus
or other appropriate forms of remedy or relief.
[Ord. 2011-09, 9/7/2011, § 907]
1. Any person aggrieved by any action of the Township or its designee,
relevant to the provisions of this Chapter, may appeal to the Board
of Supervisors within 30 days of that action. The Local Agency Law
shall govern an appeal to the Board of Supervisors.
2. Any person aggrieved by any decision of the Board of Supervisors,
relevant to the provisions of this Chapter, may appeal to the County
Court of Common Pleas in the county where the activity has taken place
within 30 days of the Township's decision.