[Ord. No. 383, 8/27/2019]
1. In the event that a person fails to comply with the requirements
of this chapter, an approved SWM site plan, or fails to conform to
the requirements of any permit or approval issued hereunder, the Township
shall provide written notification of the violation. Such notification
shall set forth the nature of the violation(s) and establish a time
limit for correction of these violation(s).
2. Failure to comply within the time specified shall subject such person
to enforcement as set forth in this chapter. 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. 383, 8/27/2019]
1. The approved SWM site plan shall be on file at the project site throughout
the duration of the construction activity. The Township or their 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. 383, 8/27/2019]
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. 383, 8/27/2019]
1. Any approval or permit issued by the 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, regulation or mandate from county, state, or
federal entities relating to the regulated activity, inclusive of
prior projects that have not terminated existing permits or that are
under consent order or other legal action.
C. The creation of any condition or the commission of any act, during
the regulated activity which constitutes or creates a hazard or nuisance,
pollution, or which endangers the life or property of others.
2. A suspended approval or permit may be reinstated by the Township
when:
A. The Township or their designee has inspected and approved the corrections
to the violation(s) that caused the suspension.
B. The Township is satisfied that the violation(s) has been corrected.
3. The applicant may apply for a new approval under the provisions of
this chapter if compliance has occurred within one year of the original
application filing date.
[Ord. No. 383, 8/27/2019]
Where a violation of this chapter has occurred and remains uncured
after notice from the Township or its designee, the Township may institute
a legal action against the violator to restrain, prevent, abate, or
enjoin the violation of this chapter or any stormwater management
plan together with expenses and costs of suit, including attorney
fees.
[Ord. No. 383, 8/27/2019]
Any person aggrieved by any action of the Township or its designee,
relevant to the provisions of this chapter, may appeal to the Court
of Common Pleas of Washington County, Pennsylvania, within 30 days
of that action.