Township of Upper Chichester, PA
Delaware County
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Table of Contents
Table of Contents
A. 
Upon presentation of proper credentials, duly authorized representatives of the municipality may enter at reasonable times upon any property within the municipality to inspect the implementation, condition, or operation and maintenance of the stormwater controls or BMPs in regard to any aspect governed by this chapter.
B. 
Persons working on behalf of the municipality shall have the right to temporarily locate on or in any stormwater control or BMP in the municipality such devices as are necessary to conduct monitoring and/or sampling of the discharges from such stormwater control or BMP.
C. 
If the property owner or representative does not grant access to the municipality within 24 hours of notification, it will be a violation of this chapter.
A. 
The violation of any provision of this chapter is hereby deemed a public nuisance.
B. 
Each day that a violation continues shall constitute a separate violation.
A. 
Whenever the municipality finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the municipality may order compliance by written notice to the responsible person. Such notice may, without limitation, require 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) 
Operation and maintenance of stormwater controls and BMPs.
B. 
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 the municipality or designee, and the expense thereof shall be charged to the violator.
C. 
Failure to comply within the time specified shall also subject such person to the penalty provisions of this chapter. All such penalties shall be deemed cumulative and shall not prevent the municipality from pursuing any and all other remedies available in law or equity.
A. 
Any building, land development, or other permit or approval issued by the municipality may be suspended or revoked by the municipality for:
(1) 
Noncompliance with or failure to implement any provision of the permit;
(2) 
A violation of any provision of this chapter or any other law or regulation applicable 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 or nuisance, pollution, or endangers the life, health, or property of others.
B. 
Prior to revocation or suspension of a permit and at the request of the applicant, the governing body shall schedule a hearing to discuss the noncompliance if there is no immediate danger to life, public health, or property. The expense of a hearing shall be the applicant's responsibility.
C. 
A suspended permit or approval may be reinstated by the municipality when:
(1) 
The Municipal Engineer or designee has inspected and approved the corrections to the stormwater controls and BMPs or the elimination of the hazard or nuisance; and/or
(2) 
The municipality is satisfied that the violation has been corrected.
D. 
A permit or approval that has been revoked by the municipality cannot be reinstated. The applicant may apply for a new permit in accordance with this chapter.
A. 
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000, together with the costs of prosecution, and, in default of payment of such fine and costs, shall be subject to imprisonment for a term not to exceed 30 days. Every day that a violation of this chapter continues shall constitute a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In addition, the municipality 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.
In the event that a person fails to comply with the requirements of this chapter or fails to conform to the requirements of any permit issued hereunder, and the municipality chooses to pursue enforcement action, the municipality will provide written notification of the violation. Such notification will 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 will subject such person to the penalty provisions of this chapter. All such penalties will be deemed cumulative and shall not prevent the municipality 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 chapter.
The municipal governing body is hereby authorized and directed to enforce all of the provisions of this chapter. All inspections regarding compliance with the SWM site plan shall be the responsibility of the municipality or its designee.
A. 
A set of design plans approved by the municipality shall be on file and available for viewing at the site throughout the duration of the construction activity. Periodic inspections may be made by the municipality or its designee during construction.
B. 
It shall be unlawful for any person, firm, or corporation to undertake any regulated activity under § 490-5 on any property except as provided for in the approved SWM site plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any control structure required by the SWM site plan pursuant to this chapter or to allow the property to remain in a condition that does not conform to the approved SWM site plan.
C. 
At the completion of the project and as a prerequisite for the release of the performance guarantee, the owner or his representatives shall:
(1) 
Provide a certification of completion from an engineer, architect, surveyor, or other qualified person verifying that all stormwater facilities have been constructed according to the plans and specifications and approved revisions thereto.
(2) 
Provide a set of as-built (record) drawings per § 490-28.
D. 
After receipt of the certification by the municipality, a final inspection shall be conducted by the municipality or its designee to certify compliance with this chapter.
E. 
An occupancy permit will not be issued unless the certification of completion pursuant to § 490-49C(1) has been secured. The occupancy permit shall be required for each lot owner and/or applicant for all subdivisions and land developments in the municipality.
A. 
Any person aggrieved by any action of the municipality or its designee relevant to the provision of this chapter may appeal to the Board of Commissioners within 30 days of that action.
B. 
Any person aggrieved by any decision of the Board of Commissioners relevant to the provision 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 municipal decision.