[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.