[Ord. 2007-6, 6/5/2007, § 901]
1. Upon presentation of proper credentials, duly authorized representatives
of the Township may enter at reasonable times upon any property within
the Township to inspect the implementation, condition, or operation
and maintenance of the stormwater controls or BMPs in regard to any
aspect governed by this Part.
2. Stormwater control and BMP owners and operators shall allow persons
working on behalf of the Township ready access to all parts of the
premises for the purposes of determining compliance with this Part.
3. Persons working on behalf of the Township shall have the right to
temporarily locate on any stormwater control or BMP in the Township
such devices as are necessary to conduct monitoring and/or sampling
of the discharges from such stormwater control or BMP.
4. Unreasonable delays in allowing the Township access to a stormwater
control or BMP is a violation of this Part.
[Ord. 2007-6, 6/5/2007, § 902]
1. The violation of any provision of this Part is hereby deemed a public
nuisance.
2. Each day that a violation continues shall constitute a separate violation.
[Ord. 2007-6, 6/5/2007, § 903]
1. Whenever the Township finds that a person has violated a prohibition
or failed to meet a requirement of this Part, the Township may order
compliance by written notice to the responsible person. Such notice
may, without limitation, require the following remedies:
A. Performance of monitoring, analyses, and reporting.
B. Elimination of prohibited connections or discharges.
C. Cessation of any violating discharges, practices, or operations.
D. Abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property.
E. Payment of a fine to cover administrative and remediation costs.
F. Implementation of stormwater controls and BMPs.
G. Operation and maintenance of stormwater controls and BMPs.
2. Such notification shall set forth the nature of the violation(s)
and establish a time limit for correction of these violations(s).
Said notice may further advise that, if applicable, should the violator
fail to take the required action within the established deadline,
the work will be done by the Township or designee, and the expense
thereof shall be charged to the violator.
3. Failure to comply within the time specified shall also subject such
person to the penalty provisions of this Part. All such penalties
shall be deemed cumulative and shall not prevent the Township from
pursuing any and all other remedies available in law or equity.
[Ord. 2007-6, 6/5/2007, § 904]
1. Any building, land development, or other permit or approval issued
by the Township 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 Part.
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, health, or property
of others.
2. A suspended permit or approval shall be reinstated by the Township
when:
A. The Township Engineer or designee has inspected and approved the
corrections to the stormwater controls and BMPs or the elimination
of the hazard or nuisance.
B. The Township is satisfied that the violation of the Part, law, or
rule and regulation has been corrected.
3. A permit or approval that has been revoked by the Township cannot
be reinstated. The applicant may apply for a new permit under the
procedures outlined in this Part.
[Ord. 2007-6, 6/5/2007, § 905; as amended by Ord.
2009-3, 8/31/2009]
1. Any person, firm or corporation violating the provisions of this
Part, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be subject to a fine of not more than $1,000 plus costs and, in default
of payment of said fine and costs, to a term of imprisonment not to
exceed 90 days. Each day that a violation of this Part continues or
each Section of this Part which shall be found to have been violated
shall constitute a separate offense, and the applicable fines are
cumulative.
2. In addition, the 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 Part. 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.
[Ord. 2007-6, 6/5/2007, § 906]
In the event that a person fails to comply with the requirements
of this Part or fails to conform to the requirements of any permit
issued hereunder, the Township shall provide written notification
of the violation. Such notification shall state the nature of the
violation(s) and establish a time limit for correction of these violation(s).
Failure to comply within the time specified shall subject such person
to the penalty provisions of this Part All such penalties shall be
deemed cumulative and shall not prevent the Township from pursuing
any and all remedies. 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 Part.
[Ord. 2007-6, 6/5/2007, § 907]
1. The Township Board of Supervisors is hereby authorized and directed
to enforce all of the provisions of this Part. All inspections regarding
compliance with the drainage 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. It shall be unlawful for any person, firm, or corporation to undertake any regulated activity under §
23-204 on any property except as provided for in the approved drainage plan and pursuant to the requirements of this Part. It shall be unlawful to alter or remove any control structure required by the drainage plan pursuant to this Part or to allow the property to remain in a condition that does not conform to the approved drainage plan.
C. At the completion of the project and as a prerequisite for the release
of the performance guarantee, the owner or his representatives shall:
(1)
Provide a certification of completion from an engineer, architect,
surveyor, or other qualified person verifying that all permanent facilities
have been constructed according to the plans and specifications and
approved revisions thereto.
(2)
Provide a set of as-built (record) drawings.
D. After receipt of the certification by the Township, a final inspection
shall be conducted by the Township Engineer or designated representative
to certify compliance with this Part.
E. Prior to revocation or suspension of a permit and at the request
of the applicant, the Board of Supervisors will schedule a hearing
to discuss the noncompliance if there is no immediate danger to life,
public health, or property. The expense of a hearing shall be the
applicant's responsibility.
F. Occupancy Permit. An occupancy permit shall not be issued unless the certification of completion pursuant to §
23-287, Subsection
1C(1), has been secured. The occupancy permit shall be required for each lot owner and/or applicant for all subdivisions and land developments in the Township.
[Ord. 2007-6, 6/5/2007, § 908]
1. Any person aggrieved by any action of Douglass Township or its designee
may appeal to the Board of Supervisors of Douglass Township within
30 days of that action.
2. Any person aggrieved by any decision of Board of Supervisors of Douglass
Township may appeal to the County Court of Common Pleas in the county
where the activity has taken place within 30 days of the Township
decision.