A.
In addition to any other remedies, Fairview Township may institute
and maintain appropriate actions at law or in equity to restrain,
correct or abate a violation, to prevent unlawful construction, to
recover damages and to prevent illegal occupancy of a building or
premises.
B.
In accordance with the Pennsylvania Municipalities Planning Code
(Section 515.1, or any amendment thereto), Fairview Township may refuse
to issue any permit or grant approval to further improve or develop
any property that has been developed in violation of this chapter.
A.
Adherence to approved SWM site plan.
(1)
It shall be unlawful for any person, firm, or corporation to
undertake any regulated activity on any property except as provided
for by an approved SWM site plan and pursuant to the requirements
of this chapter.
(2)
It shall be unlawful to alter or remove any control structure
required by the SWM site plan pursuant to this chapter.
(3)
It shall be unlawful to allow a property to remain in a condition
that does not conform to an approved SWM site plan.
B.
Any drain (including indoor drains and sinks) or conveyance, whether
on the surface or underground, that allows any nonstormwater discharge,
including sewage, process wastewater, and wash water, to enter Fairview's
separate storm sewer system or waters of the commonwealth is prohibited.
C.
Any drain or conveyance connected from a commercial or industrial
land use to the municipality's separate storm sewer system, which
has not been documented in plans, maps, or equivalent records and
approved by Fairview Township, is prohibited.
D.
Nothing in this section shall affect a discharger's responsibilities
under commonwealth law.
A.
Notice.
(1)
Enforcement notice. If it appears to the Township that a violation
of this chapter has occurred, the Township shall initiate enforcement
proceedings by sending an enforcement notice. Such enforcement notice
shall comply with requirements therefor as set forth in MPC Section
616.1.
(2)
Service of notice. An enforcement notice shall be sent to the
owner of record of the parcel on which the violation has occurred,
to any person who has filed a written request to receive enforcement
notices regarding that parcel and/or to any other person requested
in writing by the owner of record.
B.
Any person aggrieved by any action of the Township, or its designee,
relevant to the provisions of this chapter may appeal to the Board
of Supervisors within 30 days of that action.
C.
Any person aggrieved by any decision of the Township relevant to
the provisions of this chapter may appeal to the Erie County Court
of Common Pleas within 30 days of the Township's decision.
D.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter shall
be subject to the provisions of Section 515.3 of the Pennsylvania
Municipalities Planning Code.
In addition to the above remedies, Fairview Township may also
seek remedies and penalties under applicable Pennsylvania statutes,
or regulations adopted pursuant thereto, including, but not limited
to, the Storm Water Management Act (32 P.S. §§ 680.1-680.17),
Clean Streams Law and the Erosion and Sedimentation Regulations (25
Pa. Code, Chapter 102). Any activity conducted in violation of this
chapter or any Pennsylvania-approved watershed stormwater management
plan is hereby declared a public nuisance and is abatable as such.
This chapter shall be in full force and effect from and after
the 5th day of April, 2018.
