[Ord. 2011-O-2, 5/25/2011, § 237]
1. Upon presentation of proper credentials, duly authorized representatives
of Newtown Township may enter at reasonable times upon any property
within Newtown Township to inspect the implementation, condition,
or operation and maintenance of the stormwater facilities or BMPs
in regard to any aspect governed by this Part.
2. Stormwater facilities and BMP owners and operators shall allow persons
working on behalf of Newtown Township ready access to all parts of
the premises for the purposes of determining compliance with this
Part.
3. Persons working on behalf of Newtown Township shall have the right
to temporarily locate on any stormwater facilities or BMP in Newtown
Township such devices as are necessary to conduct monitoring and/or
sampling of the discharges from such stormwater control or BMP.
4. Unreasonable delays in allowing Newtown Township access to a stormwater
facility or BMP is a violation of this Part.
[Ord. 2011-O-2, 5/25/2011, § 238]
1. The 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. 2011-O-2, 5/25/2011, § 239]
1. Whenever Newtown Township finds that a person has violated a prohibition
or failed to meet a requirement of this Part, Newtown Township may
order compliance by written notice to the responsible person. Such
notice may, without limitation, require the following remedies:
A. Performance of monitoring, analyses, and reporting.
B. Elimination of prohibited connections or discharges.
C. Cessation of any violating discharges, practices, or operations.
D. Abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property.
E. Payment of a fine to cover administrative and remediation costs.
F. Implementation of stormwater facilities and BMPs.
G. Operation and maintenance of stormwater facilities and BMPs.
2. Such notification shall set forth the nature of the violation(s)
and establish a time limit for correction of these violations(s).
Said notice may further advise that, if applicable, should the violator
fail to take the required action within the established deadline,
the work will be done by Newtown Township or designee and the expense
thereof shall be charged to the violator.
3. Failure to comply within the time specified shall also subject such
person to the penalty provisions of this Part. All such penalties
shall be deemed cumulative and shall not prevent Newtown Township
from pursuing any and all other remedies available in law or equity.
[Ord. 2011-O-2, 5/25/2011, § 240]
1. Any building, land development, stormwater management site plan or
other permit or approval issued by Newtown Township may be suspended
or revoked by Newtown Township for:
A. Noncompliance with or failure to implement any provision of the permit.
B. A violation of any provision of this Part.
C. The creation of any condition or the commission of any act during
construction or development which constitutes or creates a hazard
or nuisance, pollution or which endangers the life, health, or property
of others.
2. A suspended permit or approval shall be reinstated by Newtown Township
when:
A. The Township Engineer or designee has inspected and approved the
corrections to the stormwater controls and BMPs, or the elimination
of the hazard or nuisance.
B. Newtown Township is satisfied that the violation has been corrected.
3. Any permit or approval that has been revoked by Newtown Township
cannot be reinstated. The applicant may apply for a new permit under
the procedures outlined by this Part.
[Ord. 2011-O-2, 5/25/2011, § 241]
1. Any person violating the provisions of this Part shall be guilty
of a summary offense, and upon conviction shall be subject to a fine
of not more than $1,000 for each violation, recoverable with costs,
or imprisonment of not more than 30 days, or both. Each day that the
violation continues shall be a separate offense.
2. In addition, Newtown Township, through its Solicitor, may institute
injunctive, mandamus, 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. 2011-O-2, 5/25/2011, § 242]
In the event that a person fails to comply with the requirements
of this Part, or fails to conform to the requirements of any permit
issued hereunder, Newtown Township shall provide written notification
of the violation. Such notification shall state the nature of the
violation(s) and establish a time limit for correction of these violation(s).
Failure to comply within the time specified shall subject such person
to the penalty provisions of this Part. All such penalties shall be
deemed cumulative and shall not prevent Newtown 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 Part.
[Ord. 2011-O-2, 5/25/2011, § 243]
1. The Board of Supervisors of Newtown Township or its designee is hereby
authorized and directed to enforce all of the provisions of this Part.
All inspections regarding compliance with the stormwater management
site plan shall be the responsibility of the Township Engineer or
other qualified persons designated by Newtown Township.
A. A set of design plans approved by Newtown Township shall be on file
at the site throughout the duration of the construction activity.
Periodic inspections may be made by Newtown Township during construction.
B. Adherence to Approved Plan. It shall be unlawful for any person,
firm or corporation to undertake any regulated activity under § 205
on any property except as provided for in the approved stormwater
management site plan and pursuant to the requirements of this Part.
It shall be unlawful to alter or remove any structure required by
the stormwater management site plan pursuant to this Part or to allow
the property to remain in a condition which does not conform to the
approved stormwater management site plan.
C. At the completion of the project, the owner or his representatives
shall provide to Newtown Township a set of as-built drawings, if required.
D. A final inspection shall be conducted by the Township Engineer or
designated representative to certify compliance with this Part.
E. An occupancy permit shall not be issued unless the certification
of completion has been secured.
[Ord. 2011-O-2, 5/25/2011, § 244]
1. Any person aggrieved by any action of Newtown Township or its designee
may appeal to the Board of Supervisors of Newtown Township within
30 days of that action. The Board of Supervisors of Newtown Township
shall, within 30 days of receipt of an appeal, schedule a hearing
to consider the appeal. The proceeding shall be governed by the Pennsylvania
Local Agency Law.
2. Any person aggrieved by any decision of the Board of Supervisors
of Newtown Township may appeal to the County Court of Common Pleas
of Bucks County within 30 days of the Township's decision.
3. Any provision of the Code of Ordinances of Newtown Township, Bucks
County, Pennsylvania, inconsistent with the provisions of this Part
is hereby repealed to the extent of the inconsistency. All provisions
of the Code of Ordinances of Newtown Township, Bucks County, Pennsylvania,
unaffected by this Part are declared to be in full force and effect.
4. The provisions of this Part are declared to be severable. If any
of the provisions of this Part are declared by a court of competent
jurisdiction to be invalid or unconstitutional, such determination
shall have no effect on the remaining provisions of this Part or on
the provisions of the Code of Ordinances of Newtown Township, Bucks
County, Pennsylvania.
[Added by Ord. No. 2022-O-5, 11/9/2022]
1. The developer shall be responsible for providing as-built plans of
all SWM BMPs included in the approved SWM site plan. The as-built
plans and an explanation of any discrepancies with the construction
plans shall be submitted to the municipality.
2. The as-built submission shall include a certification of completion
signed by a qualified professional verifying that all permanent SWM
BMPs have been constructed according to the approved plans and specifications.
The latitude and longitude coordinates for all permanent SWM BMPs
must also be submitted, at the central location of the BMPs. If any
licensed qualified professionals contributed to the construction plans,
then a licensed qualified professional must sign the completion certificate.
3. After receipt of the completion certification by the municipality,
the municipality may conduct a final inspection.