Township of Springfield, PA Article VIII Enforcement and Penalties

§ 358-30 Right-of-entry.

Upon presentation of proper credentials, duly authorized representatives of Springfield Township may enter at reasonable times upon any property within Springfield Township to inspect the condition of the stormwater structure and facilities in regard to any aspect regulated by this chapter.

§ 358-31 Inspection.

A. SWM BMPs should be inspected by the landowner, or the owner's designee (including Springfield Township for dedicated and owned facilities), according to the following list of minimum frequencies:

(1) Annually for the first five years.

(2) Once every three years thereafter.

B. All inspections shall be documented in writing and shall document any maintenance and repair needs.

§ 358-32 Violations; stop-work orders.

A. When Springfield Township determines that an activity is not being carried out in accordance with the requirements of this chapter, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain:

(1) The name and address of the owner or applicant.

(2) The address when available or a description of the building, structure or land upon which the violation is occurring.

(3) A statement specifying the nature of the violation and a time schedule for the completion of such remedial action.

(4) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed.

(5) A statement that the determination of violation may be appealed to Springfield Township by filing a written notice of appeal within 15 days of service of notice of violation.

B. Persons receiving a notice of violation will be required to halt all construction activities. This stop-work order will be in effect until Springfield Township confirms that the development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner can result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter.

§ 358-33 Unlawful acts; enforcement.

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 § 358-12, Exemptions.

B. It shall be unlawful to violate § 358-29, Alteration of SWM BMPs, of this chapter.

C. Inspections regarding compliance with the SWM site plan are a responsibility of Springfield Township.

§ 358-34 Suspension and revocation.

A. Any approval or permit issued by Springfield Township pursuant to this chapter may be suspended or revoked for:

(1) Noncompliance with or failure to implement any provisions of the approved SWM site plan or O&M agreement.

(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, nuisance, pollution, or endangers the life or property of others.

B. A suspended approval may be reinstated by Springfield Township when:

(1) Springfield Township has inspected and approved the corrections to the violations that cause the suspension.

(2) Springfield Township is satisfied that the violation has been corrected.

C. An approval that has been revoked by Springfield 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 life, public health, or property, at its sole discretion, Springfield Township may provide a limited time period for the owner to correct the violation. In these cases, Springfield 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, Springfield Township may revoke or suspend any, or all, applicable approvals and permits pertaining to any provision of this chapter.

§ 358-35 Violations and penalties; injunction.

A. Anyone violating the provisions of this chapter shall be guilty of a summary offense, and, upon conviction, shall be subject to a fine of not more than $300 for each violation, recoverable with costs. Each day that the violation continues shall be a separate offense and penalties shall be cumulative.

B. In addition, Springfield Township may institute injunctive, mandamus, or any other appropriate action or proceeding of 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.

§ 358-36 Appeals.

A. Any person aggrieved by any action of Springfield Township or its designee, relevant to the provisions of this chapter, may appeal to Springfield Township within 30 days of that action.

B. Any person aggrieved by any decision of Springfield Township, relevant to the provisions of this chapter, may appeal to the County Court of Common Pleas in the county where the activity has taken place within 30 days of Springfield Township's decision.