Upon presentation of proper credentials, duly authorized representatives
of West Donegal 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.
The Board of Supervisors is hereby authorized and directed to
enforce all of the provisions of this chapter.
A.
Any permit or approval issued by West Donegal Township pursuant to
this chapter may be suspended by the Township for:
(1)
Noncompliance with or failure to implement any provision of
the approved SWM site plan or O&M agreement.
(2)
A violation of any provisions of this chapter or any other applicable
law, ordinance, rule, or regulation relating to the regulated activity.
(3)
The creation of any condition or the commission of any act during
construction or development that constitutes or creates a hazard,
nuisance, pollution or endangers the life or property of others.
A.
It shall be a violation of this chapter to commit or permit any other
person to commit any of the following acts:
(1)
To commence regulated activities prior to obtaining unconditional
approval of a SWM site plan or in violation of the terms or conditions
of a SWM site plan approved under this chapter.
(2)
To install, repair, modify or alter SWM facilities prior to
obtaining approvals under this chapter, or, in a manner which violates
the terms and conditions of any approval issued under this chapter.
(3)
To misuse or fail to maintain any SWM facility installed upon
a property.
(4)
To construct any improvements upon, grade, fill or take any
other action which will impair the proper functioning of any SWM facility.
(5)
To place false information on, or, omit relevant information
from an application for approval under this chapter.
(6)
To fail to comply with any other provisions of this chapter.
B.
For each violation of the provisions of this chapter, the owner,
agent, lessee, or contractor or any other person who commits, takes
part in, or assists in any such violation shall be liable upon conviction
thereof in a summary proceeding to pay a fine of not less than $200
nor more than $1,000 for each offense, together with the costs of
prosecution. Each day or portion thereof in which a violation exists
shall be considered a separate violation of this chapter, and each
section of this chapter which is violated shall be considered a separate
violation.
C.
The Township may also institute suits to restrain, prevent, or abate
a violation of this chapter in equity or at law. Such proceedings
in equity or at 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.
D.
The Board of Supervisors may also take actions relating to suspension or revocation of permits set forth in § 190-112.
E.
The Board of Supervisors may, by resolution, appoint a code enforcement
officer to enforce this chapter and may authorize such code enforcement
officer to institute summary criminal proceedings without prior action
by the Board of Supervisors.
A.
The provisions of this chapter not relating to water quality are
intended as minimum standards for the protection of the public health,
safety, and welfare. West Donegal Township reserves the right to modify
or to extend them conditionally in individual cases as may be necessary
in the public interest; provided, however, that such variation shall
not have the effect of nullifying the intent and purpose of this chapter,
and that the applicant shows that to the satisfaction of the Township
that the applicable regulation is unreasonable, or will cause undue
hardship, or that an alternative proposal will allow for equal or
better results. The list of such modifications, along with an explanation
of and justification for each modification, shall be included on the
SWM site plan. This section does not apply during an enforcement action.
B.
In granting modifications for provisions of this chapter not relating
to water quality, the Township may impose such conditions as will,
in its judgment, secure substantially the objectives of the standards
and requirements of this chapter.
