Upon presentation of proper credentials, the Township may enter
at reasonable times upon any property within the Township to inspect
the condition of the stormwater structures and facilities in regard
to any aspect regulated by this chapter.
A.
The landowner must notify the Township seven days prior to starting
construction on improvements proposed by an approved SWM site plan.
At that time, a schedule for inspection of the construction activities
shall be confirmed by the landowner/contractor and the Township.
B.
Any BMPs that will have backfill placed over them will need to be
observed by the Township prior to being backfilled.
C.
As per § 249-24B(4), the applicant will be required to pay all fees for inspections that are associated with constructing the improvements proposed by the approved SWM site plan.
A.
It shall be unlawful for a person to undertake any regulated activity, except as provided in an approved SWM site plan, unless specifically exempted in § 249-11.
B.
Inspections regarding compliance with the SWM site plan during project
construction are to be conducted by the Board of Supervisors, or their
designee.
A.
Any approval or permit issued by the Township may be suspended or
revoked for:
(1)
Noncompliance with or failure to implement any provision of the approved
SWM site plan.
(2)
A violation of any provision of this chapter or any other applicable
law, ordinance, rule or regulation relating to the regulated activity.
(3)
The creation of any condition or the commission of any act during
the regulated activity which constitutes or creates a hazard or nuisance,
pollution, or which endangers the life or property of others.
C.
An approval that has been revoked by the Township cannot be reinstated.
The applicant may apply for a new approval under the provisions of
this chapter.
D.
If a violation causes no immediate danger to the health, safety and
welfare, life, public health, or loss of property, the Township may,
in its sole discretion, provide a limited time period for the owner
to correct the violation. In these cases, the Township will provide
the owner, or the owner's designee, with a written notice of the violation
and the time period allowed for the owner to correct the violation.
If the owner does not correct the violation within the allowed time
period, the Township may revoke or suspend any, or all, applicable
approvals and permits pertaining to any provision of this chapter.
A.
Any person who violates or permits a violation of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement of this
chapter. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.[1]
B.
In addition, the Township, 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.
A.
Any person aggrieved by any action of the Township or its designee,
relevant to the provisions of this chapter, may appeal to the Township
within 30 days of that action.
B.
Any person aggrieved by any decision of the Township, relevant to
the above appeal of this chapter, may appeal to the Cumberland County
Court of Common Pleas within 30 days of the Township's decision.
