[Ord. No. 6-2018, 10/23/2018]
1. In the event that a person fails to comply with the requirements
of this chapter, or an approved SWM site plan, or fails to conform
to the requirements of any permit or approval issued hereunder, South
Hanover Township shall provide written notification, via certified
mail, of the violation to the landowner indicated on the O&M agreement.
Such notification shall set forth the nature of the violation(s) and
establish a time limit for correction of the violation(s).
2. Failure to comply within the time specified shall subject such person
to the penalty provisions of this chapter. All such penalties shall
be deemed cumulative and shall not prevent South Hanover Township
from pursuing any and all other 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 chapter.
[Ord. No. 6-2018, 10/23/2018]
1. South Hanover Township is hereby authorized and directed to enforce
all of the provisions of this chapter. The approved SWM site plan
shall be on file at the project site throughout the duration of the
construction activity. South Hanover Township or its designee may
make periodic inspections during construction.
2. Adherence to approved SWM site plan:
A. 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.
B. It shall be unlawful to alter or remove any control structure required
by the SWM site plan pursuant to this chapter.
C. It shall be unlawful to allow a property to remain in a condition
that does not conform to an approved SWM site plan.
[Ord. No. 6-2018, 10/23/2018]
1. A violation of any provision of this chapter is hereby deemed a public
nuisance.
2. Each day that a violation continues shall constitute a separate violation.
[Ord. No. 6-2018, 10/23/2018]
1. Any approval or permit issued by South Hanover Township may be suspended
or revoked for:
A. Noncompliance with or failure to implement any provision of the approved
SWM site plan or operation and maintenance (O&M) agreement.
B. A violation of any provision of this chapter or any other applicable
law, ordinance, rule or regulation relating to the regulated activity.
C. The creation of any condition or the commission of any act during
the regulated activity which constitutes or creates a hazard or nuisance,
or pollution, or which endangers the life or property of others.
2. A suspended approval or permit may be reinstated by South Hanover
Township when:
A. South Hanover Township or its designee has inspected and approved
the corrections to the violation(s) that caused the suspension.
B. South Hanover Township is satisfied that the violation(s) has/have
been corrected.
3. An approval that has been revoked by South Hanover Township cannot
be reinstated. The applicant may apply for a new approval under the
provisions of this chapter.
[Ord. No. 6-2018, 10/23/2018]
1. 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 $500 for each violation, recoverable with costs.
Each day that the violation continues shall be a separate offense,
and penalties shall be cumulative.
2. In addition, South Hanover 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.
[Ord. No. 6-2018, 10/23/2018]
1. Any person aggrieved by any action of South Hanover Township or its
designee, relevant to the provisions of this chapter, may appeal to
South Hanover Township within 30 days of that action.
2. Any person aggrieved by any decision of South Hanover Township, relevant
to the provisions of this chapter, may appeal to the Dauphin County
Court of Common Pleas within 30 days of South Hanover Township's decision.