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 any stormwater BMPs or evidence of stormwater runoff
beyond a property line with regard to any aspect governed by this
chapter.
B.
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. Persons working on behalf
of the Township shall have the right to temporarily locate on any
BMP in the Township such devices as are necessary to conduct monitoring
and/or sampling of the facility's stormwater discharge. Unreasonable
delay in allowing access to a BMP is a violation of this article.
A.
The landowner or the owner's designee (including the Township
for dedicated and owned facilities) shall inspect SWM BMPs, facilities
and/or structures installed under this chapter according to the following
frequencies, at a minimum, to ensure the BMPs, facilities and/or structures
continue to function as intended:
B.
Inspections should be conducted during or immediately following precipitation
events. A written inspection report shall be created to document each
inspection. The inspection report shall contain the date and time
of the inspection, the individual(s) who completed the inspection,
the location of the BMP, facility or structure inspected, observations
on performance, and recommendations for improving performance, if
applicable. Inspection reports shall be submitted to the Township
within 30 days following completion of the inspection.
A.
Any approval or permit issued by the Township pursuant to this chapter
may be suspended or revoked for:
(1)
Noncompliance with or failure to implement any provision 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.
C.
An approval that has been revoked by the Township cannot be reinstated.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, the Township may provide a limited
time period for the owner to correct the violation. In these cases,
the 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, the Township may revoke
or suspend any, or all, applicable approvals and permits pertaining
to any provision of this chapter.
A.
Anyone violating the provisions of this chapter shall be guilty of
a summary offense, and upon conviction, shall be subject to a minimum
fine of $300, not to exceed $1,000 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, the Township 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.
A.
Any person aggrieved by any action of the Township or its designee,
relevant to the provisions of this chapter, may appeal to the municipal
Board of Supervisors within 30 days of that action.
B.
Any person aggrieved by any decision of the 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 the Township's decision.
