[Ord. 2014-04, 4/28/2014, § 23-701]
Upon presentation of proper credentials, duly authorized representatives
of the Township may enter at reasonable times upon any property within
the Township to investigate or ascertain the condition of the subject
property in regard to any aspect regulated by this chapter.
[Ord. 2014-04, 4/28/2014, § 23-702]
A modification which involves a change in stormwater management control methods or techniques, or which involves the relocation or redesign of control measures, or which is necessary because soil or other conditions are not as stated on the approved plan, shall require a resubmission by the applicant in accordance with the plan requirements as set forth in Part 4 of this chapter.
[Ord. 2014-04, 4/28/2014, § 23-703]
The provisions of this chapter not related to water quality are intended as minimum standards for the protection of the public health, safety, and welfare. The Board of Supervisors reserves the right to modify or to extend them conditionally in individual cases as may be necessary in the public interest; provided, however, that such variation shall not have the effect of nullifying the intent and purpose of this chapter; and, provided the applicant can demonstrate to the satisfaction of the Board of Supervisors either (A) that compliance would cause undue hardship as it applies to a particular property, or (B) that an alternative proposal will allow for equal or better results. Any request for a modification of a provision of this chapter shall adhere to the procedures set forth in § 23-409 herein.
[Ord. 2014-04, 4/28/2014, § 23-704]
In the event that a landowner, a developer or his agent fails to comply with the requirements of this chapter, the Township may provide written notification of violation. Such notification shall set forth the nature of any violation and establish a time limit for correction of said violation. The notification shall also inform the landowner, developer or his agent of the right to appeal from such action as set forth in § 23-706 of this chapter.
[Ord. 2014-04, 4/28/2014, § 23-705]
1.
It shall be a violation of this chapter to commit or to permit any
other person to commit any of the following acts:
A.
To commence any earth disturbance for which this chapter requires
a permit or plan approval prior to obtaining a permit or plan approval
or in violation of the terms or conditions of any permit or plan approval
issued under this chapter.
B.
To install, repair, modify or alter stormwater management facilities
prior to obtaining a permit under this chapter or in a manner which
violates the terms and conditions of any permit or plan approval issued
under this chapter.
C.
To misuse or fail to maintain any stormwater management facility
installed upon a property.
D.
To construct any improvements upon, grade, fill, or take any other
action which will impair the proper functioning of any stormwater
management facility.
E.
To place intentionally false information on or intentionally omit
information from an application for a permit or plan approval under
this chapter.
F.
To fail to implement any provision of the approved stormwater management
plan or O&M agreement.
G.
To fail to comply with any other provisions of this chapter.
2.
For each violation of the provisions of this chapter, the owner,
agent, lessee, or contractor or any other person who commits, takes
part in, or assists in any such violation shall be liable upon conviction
thereof in a summary proceeding to pay a fine of not less than $200
nor more than $1,000 for each offense, together with the costs of
prosecution. Each day or portion thereof in which a violation exists
shall be considered a separate violation of this chapter, and each
section of this chapter which is violated shall be considered a separate
violation.
3.
The Township may also institute suits to restrain, prevent, or abate
a violation of this chapter in equity or at law. Such proceedings
in equity or at law may be initiated before any court of competent
jurisdiction. In cases of emergency where, in the opinion of the court,
the circumstances of the case require immediate abatement of the unlawful
conduct, the court may, in its decree, fix a reasonable time during
which the person responsible for the unlawful conduct shall correct
or abate the same. The expense of such proceedings shall be recoverable
from the violator in such manner as may now or hereafter be provided
by law.
4.
Any permit or approval issued by the Township pursuant to this chapter
may be suspended by the Township for:
A.
Noncompliance with or failure to implement any provision of the approved
stormwater management plan or O&M agreement.
B.
A violation of any provisions of this chapter 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
construction or development that constitutes or creates a hazard,
nuisance, pollution or endangers the life or property of others.
6.
The Board of Supervisors may, by resolution, appoint a Code Enforcement
Officer to enforce this chapter and may authorize such Code Enforcement
Officer to institute enforcement proceedings before the magisterial
district judge without prior action by the Board of Supervisors.
[Ord. 2014-04, 4/28/2014, § 23-706]
1.
Any person, partnership, corporation or organization aggrieved by
any action of the Township, or its agent, may appeal to the Board
of Supervisors within 30 days of that action.
2.
Any person, partnership, corporation or organization aggrieved by
any action of the Board of Supervisors, may appeal to Lancaster County
Court of Common Pleas within 30 days of that action.
