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 enforcement officer is hereby authorized and directed to
enforce the provisions of this chapter.
A.
Any permit or approval issued by the Township pursuant to this chapter
may be suspended or revoked by the enforcement officer 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.
C.
An approval that has been revoked by the Township cannot be reinstated.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.
D.
Notification of suspension or revocation of a stormwater management
permit. In the event of a suspension of a stormwater management permit,
the enforcement officer shall provide written notification, by certified
mail, of the violation to the landowner at his last known address.
Such notification shall:
(1)
Cite the specific violation, describe the requirements which have
not been met and cite the provisions of the chapter relied upon.
(2)
Identify the specific protective measures to be taken.
(3)
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 the cost to the landowner.
(4)
Identify the right of the landowner to request a hearing before the
Township Board of Supervisors if aggrieved by the suspension.
A.
It shall be a violation of this chapter to commit or permit any other
person to commit any of the follow 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 § 113-92.
E.
The enforcement officer may institute summary criminal proceedings
without prior action of the Board of Supervisors.
Any person, partnership or corporation engaged in a regulated activity, as defined in § 113-22 of this chapter, shall implement the measures required by the stormwater management permit and this chapter. Any regulated activity conducted in violation of this chapter or the stormwater management permit is hereby declared a public nuisance.
A.
Any persons aggrieved by any action of the Township may appeal to the Township Board of Supervisors within 30 days from the date of the action appealed from. Any such appeal shall be governed by the procedures of Article V of the Local Agency Law, 2 Pa.C.S.A. § 501 et seq.
B.
Any person aggrieved by any decision of the Mount Joy Township Board of Supervisors or the Mount Joy Township Planning Commission may appeal to the Lancaster County Court of Common Pleas, in accordance with Article II of the Local Agency Law, 2 Pa.C.S.A. § 701 et seq., within 30 days of that decision.
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. 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. Cost
or financial burden shall not be considered a hardship.
[Amended 9-19-2022 by Ord. No. 338-2022]
B.
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 and
standards and requirements of this chapter.
C.
Authority to grant waivers/modifications.
(1)
When an application for a stormwater management permit is submitted as part of an application for approval of a subdivision or land development plan in accordance with Chapter 119, Subdivision and Land Development, the Planning Commission shall have the power to grant a waiver/modification in accordance with this section.
(2)
If the application for a stormwater management permit is not submitted
as part of an application for subdivision or land development approval,
the Township Board of Supervisors may grant a waiver/modification
in accordance with this section.
D.
Application procedures for requests for waivers.
(1)
To the extent that regulated activities are part of a subdivision or land development, all power and authority to grant waivers shall be vested in the Planning Commission as the agency given jurisdiction to administer Chapter 119, Subdivision and Land Development. All requests for waivers shall be processed by the Planning Commission in accordance with the procedures established in Chapter 119, Subdivision and Land Development.
(2)
To the extent that regulated activities for which a permit is required
are not part of a subdivision or land development, applications for
waivers shall be processed in accordance with the provisions herein.
(a)
A request for a waiver shall be submitted to the Township Secretary.
The request shall be made in writing and shall identify the specific
section of this chapter which is requested to be waived, the proposed
alternative to the requirements, when applicable, and the justifications
for the waiver.
(b)
The Township Secretary shall schedule the request for consideration
by the Township Board of Supervisors at a public meeting within 60
days of receipt and provide adequate notice to the applicant, the
enforcement officer and any other parties of the meeting at which
consideration of the request is scheduled. The Township Board of Supervisors
shall, following consideration of the request, take such public action
as it shall deem advisable and notify all parties within 30 days of
the action. Such notice shall cite the findings and reasons for the
disposition of the waiver. Failure of the Township Board of Supervisors
to render a decision and communicate it as prescribed above shall
be deemed an approval unless the time period is extended by the applicant
in writing.
A.
It is the intent of the Board of Supervisors in the enactment of the chapter to set forth and separate the responsibilities of the enforcement officer in the administration of the Mount Joy Township Stormwater Management Chapter from the responsibilities of the Mount Joy Township Planning Commission in the administration of Chapter 119, Subdivision and Land Development. In the event of any inconsistency between this chapter and Chapter 119, Subdivision and Land Development, it is the intent of the Board of Supervisors that this chapter, which has been enacted under the authority of the Second Class Township Code, shall apply to all earth-disturbance activities which are not regulated by ordinances enacted under the authority of the Pennsylvania Municipalities Planning Code.
B.
To the extent that such activities are regulated by ordinances enacted under the authority of the Pennsylvania Municipalities Planning Code, the provisions of Chapter 119, Subdivision and Land Development, shall apply, and any inconsistencies between this chapter and Chapter 119, Subdivision and Land Development, shall be construed in accordance with this intent.
