Upon presentation of proper credentials, duly authorized representatives
of the 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 the 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 § 230-92.
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.
[Amended 9-12-2022 by Ord. No. 268]
If the Township determines that any requirement under this chapter
cannot be achieved for a particular regulated activity, the Township
may, after an evaluation of alternatives, approve measures other than
those in this chapter, subject to the following:
A.
Waivers or modifications of the requirements of this chapter may
be approved by the Township if enforcement will exact undue hardship
because of peculiar conditions pertaining to the land in question,
provided that the modifications will not be contrary to the public
interest and that the purpose of the chapter is preserved. Cost or
financial burden shall not be considered a hardship. Modification
may be considered if an alternative standard or approach will provide
equal or better achievement to the maximum extent practicable of the
purpose of the chapter. A request for modifications shall be in writing
and accompany the stormwater management site plan submission. The
request shall provide the facts on which the request is based, the
provision(s) of the chapter involved and the proposed modification.
B.
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. The 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
plan. This section does not apply during an enforcement action.
C.
In granting waivers/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.
D.
No waiver or modification of any regulated stormwater activity involving
earth disturbance greater than or equal to one acre may be granted
by the Township unless that action is approved in advance by DEP or
the delegated county conservation district.
E.
No waiver or modification can be granted that would conflict with
the requirements of the MS4 permit.
