Unless otherwise provided in an agreement with the owner, the
Township, or its authorized agents and employees, will provide 48
hours' written notice when appropriate, at its sole discretion, and
may then enter upon any part of the property within the Township to
inspect and determine the compliance of the implementation, condition,
or operation and maintenance (O&M) of the stormwater facilities
or best management practices (BMPs) in regard to any aspect governed
by this chapter. Inspection includes monitoring and sampling to determine
proper operation of stormwater facilities and BMPs. The Township shall
have the right to temporarily locate on any stormwater control or
BMP in the Township such devices as are necessary to conduct monitoring
and/or sampling of the discharges from such stormwater control or
BMP.
BMPs should be inspected for proper operation by the landowner,
or the owner's designee (including the Township for dedicated and
owned facilities), according to the following list of minimum frequencies:
A.
Annually for the first five years.
B.
Once every three years thereafter.
C.
During or immediately after the cessation of a ten-year, twenty-four-hour
or greater storm event.
D.
As specified in the O&M agreement.
E.
Inspections should be conducted during or immediately following precipitation
events. A written inspection report shall be created to document each
inspection. The inspection report shall contain the date and time
of the inspection, the individual(s) who completed the inspection,
the location of the BMP, facility or structure inspected, observations
on performance, and recommendations for improving performance, if
applicable. Inspection reports shall be submitted to the Township
within 30 days following completion of the inspection.
[Added 9-12-2022 by Ord.
No. 1733]
All inspections regarding compliance with the stormwater management
(SWM) site plan and this chapter shall be the responsibility of the
Township.
A.
Whenever the Township finds that a person has violated a prohibition
or failed to meet a requirement of this chapter, the Township may
order compliance by notifying the responsible person. Such notice
may include the following remedies:
(1)
Performance of monitoring, analyses, and reporting;
(2)
Elimination of prohibited connections or discharges;
(3)
Cessation of any violating discharges, practices, or operations;
(4)
Abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(5)
Payment of a fine to cover administrative and remediation costs;
(6)
Implementation of stormwater controls and BMPs; and
(7)
O&M of stormwater facilities and BMPs.
B.
Such notification shall set forth the nature of the violation(s)
and establish a time limit for correction of those violation(s). If
the violator fails to take the required action within the established
deadline, the work may be done by the Township and the expenses may
be charged to the violator.
C.
Failure to comply within the time specified may subject a violator
to the penalty provisions of this chapter. All such penalties shall
be deemed cumulative and shall not prevent the Township from pursuing
other remedies available in law or equity.
A.
Any approval or permit issued by the Township pursuant to this chapter
may be suspended or revoked 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.
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.
If a violation causes no immediate danger to life, public health
or safety, 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.
Anyone violating the provisions of this chapter shall be guilty of
a summary offense and, upon conviction, shall be subject to a fine
of not more than $500 for each violation, plus court costs and attorneys
fees. Each day that the violation continues shall be a separate offense,
and penalties shall be cumulative.
B.
In addition, 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.
A.
Any person aggrieved by any action of the Township or its designee,
relevant to the provisions of this chapter, may appeal to Zoning Hearing
Board within 30 days of that action.
B.
Any person aggrieved by any decision of the Zoning Hearing Board,
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.
