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 BMPs in 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.
C.
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 discharges
from such BMP.
D.
Unreasonable delays in allowing the Township access to a BMP is a
violation of this article.
E.
Except in the event of an emergency, the Township shall notify the
property owner and/or developer 24 hours prior to entry.
A.
It shall be unlawful for a person to undertake any regulated activity except as provided in an approved Stormwater Management Site Plan, unless specifically exempted in Article III of this chapter.
B.
It shall be unlawful and a violation of this chapter to alter any
BMPs, facilities or structures that were installed under the ordinance
without written approval of the Township, or to cause or engage in
any act or action contrary to the terms of this chapter or contrary
to any permit, permission or approval given by the Township or other
regulatory agency having jurisdiction to approve stormwater management
facilities regulated by this chapter.
C.
The violation of any provision of this chapter is hereby deemed a
public nuisance.
D.
Each day that a violation continues shall constitute a separate violation.
E.
In the event that the applicant, developer, owner or his/her agent
fails to comply with the requirements of this chapter or fails to
conform to the requirements of any permit or approval set forth above,
a written notice of violation shall be issued. Such notification shall
set forth the nature of the violation(s) and establish a time limit
for correction of same. Upon failure to comply within the time specified,
unless otherwise extended by the Township, the applicant, developer,
owner or his/her agent shall be subject to the enforcement remedies
of this chapter. Such notice may require the violator to take actions
necessary to remedy the violations on the property, including, but
not limited to:
(1)
The performance of monitoring, analyses, and reporting.
(2)
The elimination of prohibited connections or discharges.
(3)
The 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)
The payment of additional administrative and remediation fees and/or
costs.
(6)
The implementation of approved or additionally required stormwater
management measures or facilities.
(7)
The operation and maintenance of existing stormwater management measures
and/or facilities, or the implementation of new measures and facilities
necessary to remedy the violation; or
(8)
Assessment and payment of any and all costs and expenses associated
with and/or arising from the corrective measures taken or to be taken
and reasonable costs, expenses and attorney fees incurred by the Township
in and related to enforcement and collection proceedings.
F.
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, plus a 10% administrative
fee.
G.
Failure to correct the violations within the time specified shall
also subject such person to the penalty provisions of this chapter.
H.
All remedies available to the Township shall be deemed to be cumulative
and the selection of one remedy, course or cause of action shall not
prevent the Township from pursuing any and all other remedies available
to it at law or in equity.
A.
In addition to any other remedial action set forth herein, 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 related 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;
provided, however, that the applicant may apply for a new approval
under the provisions of this chapter.
A.
In addition to other remedies, the Township may institute and maintain
appropriate actions by law or in equity to restrain, correct or abate
a violation, to abate a public nuisance, to prevent unlawful construction,
to recover damages and to prevent illegal occupancy of a building
or premises.
B.
In accordance with the Municipalities Planning Code, 53 P.S. § 10101
et seq., the municipality may refuse to issue any permit or grant
approval to further improve or develop any property which has been
developed in violation of this chapter.
A.
Any person who has violated or knowingly permitted the violation of the provisions of this chapter or has refused, neglected or failed to perform any of the actions required pursuant to the notice set forth in § 99-47 above, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be guilty of a summary offense, and shall be sentenced to pay a fine of not less than $300 nor more than $1,000 for each violation, plus costs, together with reasonable attorney fees; and, in default or failure of full and timely payment of such fine, costs and fees, to a term of imprisonment not to exceed 90 days or to a term of imprisonment to the extent permitted by law for the punishment of violations of summary offenses, whichever is less. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense. No fine or judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the Magisterial District Judge. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense without the necessity of any additional notice or filing.
B.
If the defendant neither pays nor timely appeals the judgment, the
Township may enforce the judgment pursuant to applicable rules of
civil procedure.
C.
Each day that a violation continues shall constitute a separate violation
unless the Magisterial District Judge further determines that there
was a good faith basis for the person violating this chapter to have
believed that there was no such violation. In such case there shall
be deemed to have been only one such violation until the fifth day
following the date of the Magisterial District Judge's determination
of the violation; thereafter, each day that a violation continues
shall constitute a separate violation.
D.
All judgments, costs and reasonable attorney fees collected for the
violation of this chapter shall be paid over to the Township.
E.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
F.
Each day that a violation of any provision of this chapter exists
shall be deemed a continuing public nuisance.
A.
In addition to the above remedies, the Township may also seek and
pursue all available 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. §§ 693.1
et seq.,[1] 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
may be declared a public nuisance by the Township and abatable as
such.
[1]
Editor's Note: See also the full Storm Water Management Act
at 32 P.S. § 680.1 et seq.
B.
In addition to the foregoing, the Township may institute an appropriate action or proceeding at law to exact the penalty provided in § 99-50 above for any act, failure to act or action, taken in violation of this chapter. In addition, the Township may proceed with an action, at law or in equity, against the person responsible for the violation for the purpose of ordering or directing that person:
(1)
To restrain, correct or remove the violation or refrain from any
further alteration or work upon any stormwater management facility
hereunder;
(2)
To restrain or correct the erection, installation, maintenance, repair
or alteration of such stormwater management facility hereunder;
(3)
To require the removal or abatement of any violation of this chapter;
or
(4)
To prevent the occupancy or use of any structure that is not in compliance
with the provisions of this chapter; and
(5)
To abate, repair or correct conditions on the property which constitute
violations of this chapter, and to raze and/or demolish any structure
or facility thereupon and restore the remaining property to a safe
condition.
(6)
To obtain an order directing the violator to deposit financial security
with the Township in an amount estimated by the Township to abate,
repair or correct conditions on the property which constitute violations
of this chapter, and/or to raze and/or demolish any structure thereupon
and restore the remaining property to a safe condition in advance
of the Township's performance of same.
C.
The remedies provided herein shall be cumulative. The pursuit of
any one remedy shall not be deemed or construed to preclude the Township
from pursuing any other.
D.
In the event any person, corporation, entity or firm directed by
the Township fails to correct any violation of this chapter within
any time limitation imposed for same, then the Township may, at its
discretion, enter onto such property to correct the violation and
recover the costs of same from the violating party, together with
counsel fees, costs and expenses incurred in the enforcement process.
E.
In the event the Township takes any action to correct, remove or
abate any condition or violation of this chapter, and incurs any cost
or expense in doing so and/or utilizes Township resources in same,
then the Township may, at its discretion, pursue any remedy available,
at law or in equity, to recover such cost or expense and/or the value
of the Township resources utilized, together with reasonable attorneys'
fees, from the owner of the property or any other person responsible
for the condition of same, including, but not limited to, the filing
of an action in assumpsit or a municipal claim against the property.
Any judgment obtained or claim entered against the owner of the property
shall bear interest at the maximum rates permitted by statute or rule
of court applicable to same.
A.
Any person aggrieved by a decision or determination of the Unity
Township Board of Supervisors or any of its authorized persons or
agencies, under this chapter may appeal such determination or decision
to the Unity Township Board of Supervisors within 30 days of being
advised by the Township, in writing, of same. Any appeal must be filed
with the Unity Township Board of Supervisors, in writing, shall be
signed by the owner of the property, attach a copy of the determination
or decision appealed from and provide a detailed explanation of the
reason why such the decision or determination is contested. If a decision
appealed is from an authorized person or agency of the Township, a
copy of the written appeal must be served upon such person or agency
by such appellant contemporaneous with the filing of the appeal.
B.
The appellant shall pay to the Township at the time of filing the
appeal, any and all fees and charges determined by the Township, by
resolution, to be applicable to the proceeding.
C.
Procedure. Any appeal filed pursuant to this section shall be governed
by the Local Agency Law of the Commonwealth of Pennsylvania (2 Pa.C.S.A. § 105,
specifically 2 Pa.C.S.A. §§ 551 through 555).
D.
Hearing. The Township shall schedule a hearing within 60 days of
receipt of said appeal. Written notice of the hearing shall be given
to the party filing the appeal and any authorized person or agency
of the Township involved, not less than 15 days prior to said hearing.
E.
Hearing procedure.
(1)
The Unity Township Board of Supervisors shall maintain a stenographic
record of the proceedings. The appearance fee for a stenographer shall
be shared equally by the appealing party and the Unity Township Board
of Supervisors. The cost of the original transcript shall be paid
by the person appealing from the decision of the Unity Township Board
of Supervisors if such appeal is made, and the cost of any additional
copies shall be paid by the person requesting such copy or copies.
In other cases the party requesting the original transcript shall
bear the cost thereof.
(2)
The Unity Township Board of Supervisors shall not be bound by technical
rules of the evidence at the aforesaid hearing, and all relevant evidence
of reasonably probative value may be received. Reasonable examination
and cross-examination shall be permitted.
F.
Adjudication. The adjudication of the Unity Township Board of Supervisors
shall be made in writing, shall contain findings and the reasons for
the adjudication, and shall be served upon all parties to the appeal
or their counsel personally, or by mail.
G.
Appeal from adverse adjudication. Pursuant to 2 Pa.C.S.A. § 751
et seq., any person aggrieved by the adjudication of the Unity Township
Board of Supervisors who has a direct interest in such adjudication
shall have the right to appeal therefrom to the Court vested with
jurisdiction of such appeals by or pursuant to Title 42 (relating
to judiciary and judicial procedure).
A.
U.S. Department of Agriculture, National Resources Conservation Service
(NRCS). National Engineering Handbook. Part 630: Hydrology, 1969-2001.
Originally published as the National Engineering Handbook, Section
4: Hydrology. Available from the NRCS online at: http://www.nrcs.usda.gov/.
B.
U.S. Department of Agriculture, Natural Resources Conservation Service.
1986. Technical Release 55: Urban Hydrology for Small Watersheds,
2nd Edition. Washington, D.C.
C.
Pennsylvania Department of Environmental Protection. No. 363-0300-002
(December 2006), as amended and updated. Pennsylvania Stormwater Best
Management Practices Manual. Harrisburg, PA.
D.
Pennsylvania Department of Environmental Protection. No. 363-2134-008
(March 31, 2012), as amended and updated. Erosion and Sediment Pollution
Control Program Manual. Harrisburg, PA.
E.
U.S. Department of Commerce, National Oceanic and Atmospheric Administration,
National Weather Service, Hydrometeorological Design Studies Center,
2004-2006. Precipitation-Frequency Atlas of the United States, Atlas
14, Volume 2, Version 3.0, Silver Spring, Maryland. Internet address:
http://hdsc.nws.noaa.gov/hdsc/pfds/.
F.
PennDOT Publication 408 - Construction Specifications; Publication
584 - Drainage Manual current editions.
