[Ord. 524, 12/15/2010, § 1001]
1. In the event that a person fails to comply with the requirements
of this Part, an approved SWM site plan, or fails to conform to the
requirements of any permit or approval issued hereunder, the Township
shall provide written notification, via certified mail, of the violation
to the landowner indicated on the O&M agreement. Such notification
shall set forth the nature of the violation(s) and establish a time
limit for correction of these violation(s).
2. Failure to comply within the time specified shall subject such person
to the penalties provisions of this Part. All such penalties shall
be deemed cumulative and shall not prevent the Township from pursuing
any and all other 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 Part.
[Ord. 524, 12/15/2010, § 1002]
1. The Lower Swatara Township Board of Commissioners is hereby authorized
and directed to enforce all of the provisions of this Part. The approved
SWM site plan shall be on file at the project site throughout the
duration of the construction activity. The Township or their designee
may make periodic inspections during construction.
2. Adherence to Approved SWM Site Plan.
A. It shall be unlawful for any person, firm, or corporation to undertake
any regulated activity on any property except as provided for by an
approved SWM site plan and pursuant to the requirements of this Part.
B. It shall be unlawful to alter or remove any control structure required
by the SWM site plan pursuant to this Part.
C. It shall be unlawful to allow a property to remain in a condition
that does not conform to an approved SWM site plan.
3. Inspections
regarding compliance with the SWM site plan are a responsibility of
Lower Swatara Township.
[Added by Ord. No. 601, 7/20/2022]
[Ord. 524, 12/15/2010, § 1003]
1. A violation of any provision of this Part is hereby deemed a public
nuisance.
2. Each day that a violation continues shall constitute a separate violation.
[Ord. 524, 12/15/2010, § 1004]
1. Any approval or permit issued by the Township may be suspended or
revoked for:
A. Noncompliance with or failure to implement any provision of the approved
SWM site plan or operation and maintenance (O&M) agreement.
B. A violation of any provision of this Part or any other applicable
law, ordinance, rule or regulation relating to the regulated activity.
C. The creation of any condition or the commission of any act during
the regulated activity which constitutes or creates a hazard or nuisance,
pollution, or which endangers the life or property of others.
2. A suspended approval or permit may be reinstated by the Township
when:
A. The Township or their designee has inspected and approved the corrections
to the violation(s) that caused the suspension.
B. The Township is satisfied that the violation(s) has been corrected.
3. 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 Part.
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 municipality may
revoke or suspend any, or all, applicable approvals and permits pertaining
to any provision of this Part.
[Added by Ord. No. 601, 7/20/2022]
[Ord. 524, 12/15/2010, § 1005]
1. This Part shall be enforced by initiation of a complaint or by such
other means as may be provided by the Pennsylvania Rules of Civil
Procedure. Any person, firm or corporation who violates the provisions
of this Part shall, upon conviction, be sentenced to pay a fine of
not less than $300 nor more than $600, plus the costs of prosecution,
and in default of the payment of the fine and costs of prosecution,
shall be imprisoned for a period not exceeding 30 days.
[Amended at time of adoption of Code (see Ch. AO)]
2. In addition, the Township, through its Solicitor, may institute injunctive,
mandamus, or any other appropriate action or proceeding at law or
in equity for the enforcement of this Part. 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.
[Ord. 524, 12/15/2010, § 1006]
1. Any person aggrieved by any action of the Township or its designee,
relevant to the provisions of this Part, may appeal to the Township
within 30 days of that action.
2. Any person aggrieved by any decision of the Township, relevant to
the provisions of this Part, may appeal to the Dauphin County Court
of Common Pleas within 30 days of the Township's decision.