[Amended 7-17-2014 by Ord. No. 2014-02]
A.
Upon presentation of proper credentials, duly authorized officers
or agents of the Township may enter at reasonable times upon any property
within the Township to inspect the implementation, condition, or operation
and maintenance of all erosion and sediment controls and permanent
stormwater BMPs, conveyances, or other stormwater facilities, both
during and after completion of a regulated activity, or for compliance
with any requirement of this chapter.
B.
Persons working on behalf of the Township shall have the right to
temporarily locate on or in any BMP, conveyance, or other stormwater
facility in the Township such devices as are necessary to conduct
monitoring and/or sampling of the discharges from such BMP or conveyance,
or other stormwater facilities.
C.
Failure of the landowner or representative to grant access to the
Township within 24 hours of notification, verbal or written, is a
violation of this chapter.
B.
All stormwater BMPs serving nonresidential development or serving
more than one residential unit shall be inspected, and a report of
such inspection shall be submitted to the Township for review, on
an annual basis.
C.
All inspection records shall be maintained by the landowner and shall
be made available to the Township upon written request.
Inspections regarding compliance with an approved SWM site plan
are a responsibility of the Township.
A.
The landowner shall grant to the Township, or its municipal assignee,
blanket access to the site of the work at all times, while under construction,
for the purpose of inspecting the work.
B.
A preconstruction meeting shall be held prior to issuance of the
SWM permit and any earth disturbance activity. It is the responsibility
of the permittee to notify the Township 48 hours in advance of the
beginning of construction of stormwater management facilities.
C.
The Township or the municipal assignee shall inspect phases of the
installation of the permanent stormwater management facilities as
deemed appropriate by the Township.
D.
During any stage of the work, if the Township or municipal assignee
determines that the permanent stormwater management facilities are
not being installed in accordance with the approved stormwater management
plan, the Township shall suspend or revoke any existing approvals
issued under this chapter until a revised drainage plan is submitted
and approved, as specified in this chapter.
A.
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 § 415-13.
B.
It shall be unlawful for any person to violate any provision or fail
to comply with any of the requirements of this chapter. Any person
who has violated or continues to violate the provisions of this chapter
may be subject to the enforcement actions outlined in this section
or may be restrained by injunction or otherwise abated in a manner
provided by law.
A.
Whenever the Township finds that any person has violated, or continues
to violate, any provision of this chapter, or any order issued hereunder,
the Township may order compliance by written notice of violation to
the responsible person.
B.
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
penalties provision of this chapter. All such penalties shall be deemed
cumulative and do 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.
(1)
Investigation and/or resolution of the matter in response to the
notice of violation in no way relieves the alleged violator of liability
for any violations occurring before or after receipt of the notice.
(2)
Nothing in this subsection shall limit the authority of the Township
to take any action, including emergency action or any other enforcement
action, without first issuing a notice of violation.
A.
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 engaged in, shall comply with the provisions of this
chapter and the SWM permit. Any land disturbance conducted in violation
of this chapter or the SWM permit is hereby declared a public nuisance.
B.
In the event of a violation, Hellam Township may initiate the following
actions:
(1)
Suspension of permit.
(a)
Any approval or permit issued by the Township pursuant to this
chapter may be suspended 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 provision 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
the regulated activity which constitutes or creates a hazard, nuisance,
pollution, or endangers the life or property of others;
(b)
Under the suspension of a permit, only such work as the Township
so authorized may proceed. This work shall be limited to that which
is necessary to correct the violation. A suspended permit shall be
reinstated by the Township when:
(c)
A permit will not expire while under suspension or noncompliance
exists with the permit.
(2)
Revocation of permit.
(a)
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:
(b)
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.
(3)
Notification of suspension or revocation of an SWM permit. In the
event of a suspension or revocation of an SWM permit, the Township
shall provide written notification of the violation to the landowner
and/or applicant at his last known address. Such notification shall:
(a)
Cite the specific violation, describe the requirements that
have not been met, and cite the provisions of this chapter 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.
(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.
A.
The remedies listed in this chapter are not exclusive of any other
remedies available under any applicable federal, state, or local law;
and it is within the discretion of the Township to seek cumulative
remedies.
B.
The Township may recover all attorneys' fees, court costs, and
other expenses associated with enforcement of this chapter, including
sampling and monitoring expenses.
A.
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this chapter is a threat to public health, safety,
and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or a civil
action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken.
B.
In the event the violation constitutes an immediate danger to public health or public safety, the Township is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The Township is authorized to seek costs of the abatement as outlined in § 415-45.
In the event the alleged violator fails to take remedial measures
set forth in the notice of violation or otherwise fails to cure the
violations described therein within the time set forth in the notice,
or any greater period permitted by the Township, the Township may
commence or institute any proceedings set forth below.
A.
It shall be a summary offense for any person, partnership, corporation,
or other entity to violate the provisions of this chapter. Upon being
found guilty, any violator shall pay a fine of not more than $1,000
per violation. Each day that a violation continues shall constitute
a separate violation, 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.
B.
The Township may institute civil, 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.
A.
Within 60 days after abatement of the violation, the owner of the
property will be notified of the cost of abatement, including administrative
costs. The property owner may file a written protest objecting to
the amount of the assessment within 15 days. If the amount due is
not paid within a timely manner, as determined by the decision of
the municipal authority or by the expiration of the time in which
to file an appeal, the charges shall become a special assessment against
the property and shall constitute a lien on the property for the amount
of the assessment.
B.
Any person violating any of the provisions of this article shall
become liable to the Township by reason of such violation. The liability
shall be paid in not more than 12 equal payments. Interest at the
rate of 6% per annum shall be assessed on the balance beginning on
the first day of the month following discovery of the violation.
A.
Any persons aggrieved by any action of the Township, or its designee,
relevant to the provisions of this chapter may appeal to the Board
of Supervisors. The notice of appeal must be received within 30 days
from the date of the notice of violation. Hearing on the appeal before
the Board of Supervisors shall take place within 30 days from the
date of receipt of the notice of appeal. The decision of the municipal
authority or its designee shall be final.
B.
Any person aggrieved by any decision of the Township relevant to
the provisions of this chapter may appeal to the York County Court
of Common Pleas within 30 days of the Township's decision.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation or, in the event of an appeal,
within 15 days of the decision of the municipal authority upholding
the decision of the Township, then representatives of the Township
shall enter upon the subject private property and are authorized to
take any and all measures necessary to abate the violation and/or
restore the property. It shall be unlawful for any person, owner,
agent, or person in possession of any premises to refuse to allow
the government agency or designated contractor to enter upon the premises
for the purposes set forth above.
A.
Where the applications of the standards and requirements of this
chapter would result in unique and undue hardship to a particular
person or particular site or where the Board of Supervisors, upon
consultation with the Township Engineer, determines that the intent
of this chapter would better be accomplished, the Township may, in
its sole discretion, require the payment of a fee in lieu of compliance
with the provisions of this chapter. In determining whether a fee
may be imposed by the Township in lieu of compliance with the provisions
of this chapter, the Township shall consider, where relevant, the
following criteria:
(1)
The amount of impervious area to be added to the site;
(2)
The relationship of such impervious areas to property lines;
(3)
The area available for on-lot stormwater management facilities;
(4)
The capacity and condition of receiving channels;
(5)
The location of existing or proposed stormwater management facilities
which would affect, or be affected by, development of the site;
(6)
An engineered assessment of the downstream impacts to property owners,
submitted by the applicant;
(7)
Such other information as the person proposing development or the
Township may deem relevant.
B.
Where it has been determined by the Township that a fee may be paid
in lieu of compliance with the provisions of this chapter, the following
procedures shall be followed:
(1)
The amount of the fee shall be recommended by the Township Engineer
and approved by the Board of Supervisors for each square foot of impervious
material to be added to the site.
(2)
The fee must be paid to the Township prior to issuance of any permits.
(3)
All money paid to the Township in this manner shall be kept in a
capital reserve fund established as provided by law. Money in such
capital reserve fund must be used only for the acquisition of land,
construction of facilities, or maintenance of facilities for stormwater
management purposes.
(4)
The provisions of these regulations governing the setting and collection
of fees in lieu of construction of facilities shall not be utilized
until the Township has established a capital reserve fund.
A.
The degree of stormwater management sought by the provisions of this
chapter is considered reasonable for regulatory purposes. The issuance
of permits by Hellam 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.
B.
Any person aggrieved by any decision of the Township relevant to
the provisions of this chapter may appeal to the York County Court
of Common Pleas within 30 days of the Township's decision.
