Township of Lower Providence, PA Article IX Enforcement and Penalties

§ 129-50 Right-of-entry.

Upon presentation of proper credentials, duly authorized representatives of Lower Providence 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.

§ 129-51 Notification.

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 available under state or federal law. It shall be the responsibility of the owner of the real property on which any regulated activity is proposed to occur, is occurring, or has occurred, to comply with the terms and conditions of this chapter. 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.

§ 129-52 Enforcement.

Lower Providence Township is hereby authorized and directed to enforce all of the provisions of this chapter. All inspections regarding compliance with the stormwater management site plan or simplified stormwater management site plan shall be the responsibility of the Township Engineer or other qualified persons designated by the Township.

A. A set of design 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 to undertake any regulated activity under § 129-5 on any property except as provided for in the approved stormwater management site plan or simplified 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 plan pursuant to this chapter or to allow the property to remain in a condition which does not conform to the approved plan.

C. Suspension and revocation of permits.

(1) Any permit issued under this chapter may be suspended or revoked by the Township 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 Article VIII of this chapter.

(2) A suspended permit shall be reinstated by the Township when:

(a) The Township Engineer has inspected and approved the corrections to the stormwater management and erosion and sedimentation control measure(s), or the elimination of the hazard or nuisance; and/or

(b) The violation of the ordinance, law, or rule and regulation has been corrected.

(3) A permit that has been revoked cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this chapter.

(4) The decision to suspend or revoke a permit may be appealed to the Board of Supervisors within 30 days of the date of suspension or revocation.

§ 129-53 Violations deemed a public nuisance.

A. The violation of any provision of this chapter is hereby deemed a public nuisance.

B. Each day that a violation continues shall constitute a separate violation.

C. Whenever the Township finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Township may order compliance by written notice to the responsible person. Such notice may require without limitation:

(1) The performance of monitoring, analyses, and reporting;

(2) The elimination of prohibited discharges;

(3) Cessation of any violative discharges, practices, or operations;

(4) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

(5) Reimbursement to Lower Providence Township to cover administrative and remediation costs;

(6) The implementation of stormwater BMPs to correct a violation or prevent future violations; and

(7) Operation and maintenance of approved stormwater BMPs.

D. Failure to comply within the time specified shall also subject such person to the penalty provisions of this chapter. All such penalties shall be deemed cumulative and shall not prevent Lower Providence Township from pursuing any and all other remedies available in law or equity.

§ 129-54 Penalties.

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 $1,000 for each violation, recoverable with costs, or imprisonment of not more than 10 days, or both. Each day that the violation continues shall be a separate offense.

B. In addition, Lower Providence Township, through its solicitor, 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.

§ 129-55 Appeals.

A. Appeals from the determination of the Township in the administration of this chapter as it relates to stormwater management of a project shall be made to the Lower Providence Township Board of Supervisors within 30 days of that determination or decision.

B. Any person aggrieved by a decision of the Supervisors may appeal to the Montgomery County Court of Common Pleas within 30 days of the date of the decision.