[Ord. No. 243, 3/19/2008]
(a) 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 chapter.
(b) 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 chapter.
(c) 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.
(d) Unreasonable delays (>24 hrs.) in allowing the Township access to
a stormwater control or BMP is a violation of this Part.
[Ord. No. 243, 3/19/2008]
(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.
[Ord. No. 243, 3/19/2008]
(a) 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 connections or discharges;
(3)
Cessation of any violating discharges, practices, or operations;
(4)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(5)
Payment of a fine to cover administrative and remediation costs;
(6)
The implementation of stormwater controls and BMPs; and
(7)
Operation and maintenance of stormwater controls and BMPs.
(b) 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.
(c) 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 the Township from
pursuing any and all other remedies available in law or equity.
[Ord. No. 243, 3/19/2008]
(a) Any building, land development or other permit or approval issued
by the Township may be suspended or revoked, in whole or in part,
by the Township for:
(1)
Non-compliance with or failure to implement any provision of
the permit;
(2)
A violation of any provision of this chapter; or
(3)
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.
(b) A suspended permit or approval may be reinstated by the Township,
in whole or in part, when:
(1)
The Township or designee has inspected and approved the corrections
to the stormwater controls and BMPs, or the elimination of the hazard
or nuisance, and/or;
(2)
The Township is satisfied that the violation of this chapter,
law, or rule and regulation has been corrected.
(c) A permit or approval which has been revoked in whole or in part,
by the Township cannot be reinstated. The applicant may apply for
a new permit under the procedures outlined in this chapter.
[Ord. No. 243, 3/19/2008]
(a) Any person violating the provisions of this chapter shall be subject
to a fine of not less than $500 nor more than $1,000 for each violation,
recoverable with costs. Each day that the violation continues shall
constitute a separate offense and the applicable fines are cumulative.
(b) The Township may institute injunctive, mandamus, or any other appropriate
action or proceeding at law in equity for the enforcement of this
chapter with the court of competent jurisdiction to obtain restraining
orders, temporary or permanent injunctions, mandamus or other appropriate
forms of remedy or relief.
[Ord. No. 243, 3/19/2008]
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 will provide notification of the violation.
After notice is provided, failure to correct violations in a timely
manner may result in additional violations.
[Ord. No. 243, 3/19/2008]
The Board of Supervisors is hereby authorized and directed to
enforce all of the provisions of this chapter. 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) No person shall modify, remove, fill, landscape or alter any SWM
BMPs, facilities, areas, or structures, without the written approval
of the Township.
(b) Upon presentation of proper credentials, the 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.
(c) It shall be unlawful for a person to undertake any regulated activity
except as provided in an approved SWM site plan, unless specifically
exempted from the requirement to submit a SWM site plan by this chapter.
(d) The Developer shall be responsible for providing as-built plan of
all SWM BMPs included in the approved SWM site plan. The as-built
plans and an explanation of any discrepancies with the construction
plans shall be submitted by the Developer to the Township.
(e) The as-built submission shall include a certification of completion
signed by a Qualified Professional verifying that all permanent SWM
BMPs have been constructed according to the approved plans and specifications.
If any licensed Qualified Professionals contributed to the construction
plans, then a licensed Qualified Professional must sign the completion
certificate.
(f) After receipt of the completion certificate by the Township, the
Township may conduct a final inspection.
(g) Inspections regarding compliance with the SWM site plan are a responsibility
of the Township.
(h) The Township may withhold an occupancy permit until a certificate
of completion has been provided by the Developer.
[Ord. No. 243, 3/19/2008]
(a) Any person aggrieved by any action of the Township or its designee
may appeal to Board of Supervisors within 30 days of that action.
(b) Any person aggrieved by any decision of Board of Supervisors 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."