A.
The provisions of this chapter are the minimum standards for the
protection of the public welfare.
B.
If the developer demonstrates to the satisfaction of the Board of
Supervisors that any mandatory provision of this chapter is unreasonable
and causes unique and undue hardship as it applies to his proposed
project, the Board of Supervisors, upon obtaining the comments and
recommendations of the Township Engineer, may grant a waiver so that
substantial justice may be done and the public interest secured, provided
that such waiver will not have the effect of nullifying the intent
and purpose of this chapter.
C.
The developer shall make all requests for waivers in writing and include such requests as a part of the application for development. The developer shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the chapter involved and the minimum waiver necessary. The developer shall state how the requested waiver and developer's proposal shall result in an equal or better means of complying with the intent of this chapter as stated in Article I.
D.
The Board of Supervisors shall keep a written record of all action
on all waiver requests.
E.
In granting waivers, the Board of Supervisors may impose conditions
as will, in its judgment, secure substantially the objectives of the
standards or requirements so modified.
F.
The developer shall address all of the following in its application
for a waiver:
(1)
Are there existing stormwater problems on downstream properties or
at streets? The developer shall demonstrate that the requested waiver
shall improve any such problems.
(2)
Will the increased peak flows and/or volume of runoff create a problem
to downstream properties or Streets? Examples of problems may include
but are not limited to:
(3)
Is runoff being diverted to a different watershed to accomplish the
goal of no or minimal increase of peak flow from the site?
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.
A.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not less than $200 nor more than $1,000, plus costs of prosecution.
In default of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
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.
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:
A.
Approvals issued pursuant to this chapter do not relieve the developer
of the responsibility to secure required permits or approvals for
activities regulated by any other applicable code, rule, regulation
or laws (federal, state, and local). If more stringent requirements
concerning regulation of stormwater or erosion and sedimentation control
are contained in these permits or approvals, the more stringent regulation
shall apply.
B.
Developers shall comply with all applicable provisions of Chapter 450, Zoning. If the terms of Chapter 450, Zoning, concerning agriculture, forestry, landscaping, steep slopes or karst hazards areas are more stringent than the terms of this chapter, the developer shall comply with those more stringent requirements.
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.
