The Board of Supervisors may, from time to time, amend this
chapter by appropriate action taken at a scheduled public meeting.
Amendments to the chapter shall be advertised and enacted in accordance
with the Township Code.
It shall be a violation of this chapter to commit or permit
any other person to commit any of the following acts:
A. To commence regulated activities prior to obtaining unconditional
approval of a stormwater management plan or in violation of the terms
or conditions of a stormwater management plan approved under this
chapter.
B. To install, repair, modify or alter stormwater management facilities
prior to obtaining approvals under this chapter, or, in a manner which
violates the terms and conditions of any 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 false information on, or, omit relevant information from
an application for approval under this chapter.
F. To fail to comply with any other provisions of this chapter.
Any activity conducted pursuant to a stormwater management plan
approved by the Township shall be performed in strict compliance with
the provisions of the plan. Violations shall be treated in the following
manner:
A. Any noncompliance with the provisions of the stormwater management
plan that is identified by the Township Engineer, the Code Enforcement
Officer or designee of the Township in the course of inspections as
specified in this chapter shall be remedied by the developer according
to the terms in this chapter.
B. If at any time work does not conform to the approved stormwater management
plan, including all conditions and specifications and modifications
thereof, the Township Engineer or the Code Enforcement Officer shall
issue a written notice to comply to the developer. Such notice shall
set forth the nature of corrections required and the time within which
corrections shall be made. Upon failure to comply within the time
specified, the developer shall be considered in violation of this
chapter, and the Township shall issue a cease-and-desist order on
all work on the site, including any building or other construction,
until corrections are made. If corrections are not undertaken within
a specified time or the developer violates the cease-and-desist order:
(1) Penalties
shall be imposed; and/or
(2) The
work shall be completed by the Township and the costs charged to the
developer.
The making of any administrative decision by the Township or
any of its officials, agents, or employees shall not constitute a
representation, guarantee or warranty of any kind by the Township
of the practicability or safety of any proposed structure or use with
respect to damage from erosion, sedimentation, stormwater runoff,
flood, or any other matter, and shall create no liability upon or
give rise to any cause of action against the Township and its officials
and employees. The Board of Supervisors, by enacting this chapter,
does not waive or limit any immunity granted to the Township and its
officials and employees by the Governmental Immunity Act of October
5, 1980, P.L. 693, No. 142, as amended, 42 Pa.C.S.A. § 8541
et seq., and does not assume any liabilities or obligations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Appeals from any action of the Township or Township agents under
this article shall be made in writing to the Board of Supervisors
within 30 days from the date of the written determination of the Township.
All appeals shall be accompanied by the appeal fee established by
resolution of the Board of Supervisors.
A. The written appeal shall specify the precise action from which the
appeal is taken and shall set forth in concise terms the reason for
the appeal and any legal authorities supporting the appeal period.
B. If the appellant desires a hearing before the Board, the appellant
must request a hearing in the written appeal.
C. If a hearing is requested in writing, the Board shall conduct the
hearing at a regular or special public meeting which occurs not less
than 30 days after receipt of the written appeal. The hearing shall
be conducted in accordance with the provisions of the Local Agency
Law, 2 Pa.C.S.A. § 551 et seq.
D. The Board shall render a decision on the appeal in accordance with
the provisions of the Local Agency Law.