[Ord. 2011-6, 5/19/2011, § 901]
During construction, duly authorized representatives of the
Township may enter at any reasonable times upon any property within
the Township investigate whether construction activity is in compliance
with this chapter.
[Ord. 2011-6, 5/19/2011, § 902]
1. 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, the Township shall provide written notification
of the violation. Such notification shall set forth the nature of
the violation(s) and establish a time limit for correction of these
violations(s). Failure to comply within the time specified shall subject
such person to the penalty provision of this chapter. All such penalties
shall be deemed cumulative. In addition the Township may pursue any
and all other remedies. It shall be the responsibility of the owner
of the real property on which any regulated conditions of this chapter.
2. In the case where the violation poses an immediate threat to the
health, safety and welfare of the community, no notice under this
section shall be required.
[Ord. 2011-6, 5/19/2011, § 903; as amended by Ord. No. 2022-005, 9/6/2022]
1. The Board of Supervisors is hereby authorized and directed to enforce
all of the provisions of this chapter. All inspections regarding compliance
with the stormwater management site plan shall be the responsibility
of the Township Engineer or other qualified persons designated by
the Township as directed by the Board of Supervisors.
A. A set of stormwater management site plans approved by the Township
shall be on file at the site throughout the duration of the construction
activity. Periodic inspections may be made by the Township or designee
during construction.
B. Adherence to Approved Plan. It shall be unlawful for any person, firm or corporation to undertake any regulated activity under §
23-104 on any property except as provided for in the approved stormwater management site plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any control structure required by the stormwater management site plan pursuant to this chapter 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, and as a prerequisite for the release
of the performance guarantee, the owner or his representatives shall:
(1)
Provide a certification of completion from a professional engineer
verifying that all permanent facilities have been constructed according
to the plans and specifications and approved revisions thereto.
(2)
Provide an electronic copy, one reproducible Mylar, and two
paper prints of as-built drawings.
D. After receipt of the certification by the Township, a final inspection
shall be conducted by the Board of Supervisors or its designee to
certify compliance with this chapter.
E. Prior to revocation or suspension of a permit, the Board of Supervisors
will schedule a hearing to discuss the non-compliance if there is
no immediate danger to life, public health or property.
F. Suspension and Revocation of Permits.
(1)
Any permit issued under this chapter may be suspended or revoked
by the Board of Supervisors for:
(a)
Noncompliance with, or failure to, implement any provision of
the permit.
(b)
A violation of any provision of this chapter or any other applicable
law, ordinance, rule or regulation relating to the project.
(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 or property of others, or as outlined in Part
9 of this chapter.
(2)
A suspended permit shall be reinstated by the Board of Supervisors
when:
(a)
The Township Engineer or his designee has inspected and approved
the corrections to the stormwater management and erosion and sediment
pollution control measure(s), or the elimination of the hazard or
nuisance.
(b)
The Board of Supervisors is satisfied that the violation of
the ordinance, law or rule and regulation has been corrected.
(c)
A permit that has been revoked by the Board of Supervisors cannot
be reinstated. The applicant may apply for a new permit under the
procedures outlined in this chapter.
G. Occupancy Permit. An occupancy permit shall not be issued unless the certification of completion pursuant to §
23-407 has been secured. The occupancy permit shall be required for each lot owner and/or developer for all subdivisions and land developments in the Township.
[Ord. 2011-6, 5/19/2011, § 904]
1. The violation of any provision of this chapter is hereby deemed a
public nuisance.
2. Each day that a violation continues shall constitute a separate violation
[Ord. 2011-6, 5/19/2011, § 905; as amended by A.O.]
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter shall,
upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs, including
reasonable attorneys fees incurred by the Township as a result thereof
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this part continues
or each section of this part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 2011-6, 5/19/2011, § 906]
1. Appeals from the determination of the Township or its designee, or
from the determination of the Township Engineer in the administration
of this chapter as it relates to stormwater management of a project
not involving a subdivision or land development shall be made to the
Board of Supervisors within 30 days of that determination or decision.
2. Appeals from the determination of the Township or its designee, and
appeals from the determination of the Township Engineer in the administration
of this chapter insofar as it relates to an application for subdivision
or land development shall be made to the Board of Supervisors within
30 days of that determination or decision.
3. Any person aggrieved by a decision of the Board of Supervisors may
appeal to the Bucks County Court of Common Pleas within 30 days of
the decision.