Upon presentation of proper credentials, duly authorized representatives of the municipality may enter at reasonable times upon any property within the municipality to inspect the condition of the stormwater structures and facilities in regard to any aspect regulated by this chapter.
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 municipality 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). 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 the municipality from pursuing any and all remedies. It shall be the responsibility of the applicant 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.
The municipal governing body 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 Municipal Engineer or other qualified persons designated by the municipality.
A. 
Design plans. A set of design plans approved by the municipality shall be on file at the site throughout the duration of the construction activity. Periodic inspections may be made by the municipality or designee during construction.
B. 
Adherence to approved plan. It shall be unlawful for any person, firm or corporation to undertake any regulated activity under § 425-4 on any property except as provided for in the approved drainage plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any control structure required by the drainage plan pursuant to this chapter or to allow the property to remain in a condition which does not conform to the approved drainage plan.
C. 
Hearing. Prior to revocation or suspension of a permit and at the request of the applicant, the governing body will schedule a hearing to discuss the noncompliance if there is no immediate danger to life, public health or property. The expense of a hearing shall be the applicant's responsibility.
D. 
Suspension and revocation of permits.
(1) 
Any permit issued by the municipality may be suspended or revoked for:
(a) 
Noncompliance with or failure to implement any provision of the permit.
(b) 
A violation of any provision of this chapter or any other applicable law ordinance, rule or regulation relating to the project.
(c) 
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, or as outlined in Article VIII of this chapter.
(2) 
A suspended permit shall be reinstated by the governing body when:
(a) 
The Municipal Engineer or his municipal designee has inspected and approved the corrections to the stormwater management and erosion and sediment pollution control measure(s), or the elimination of the hazard or nuisance; and/or
(b) 
The governing body is satisfied that the violation of the ordinance, law, or rule and regulation has been corrected.
(3) 
A permit that has been revoked cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this chapter.
E. 
Occupancy permit. An occupancy permit shall not be issued unless the certification of completion pursuant to § 425-29C has been approved by the municipality. The occupancy permit shall be required for each lot owner and/or applicant for all subdivisions and land development in the municipality.
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.
A. 
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
In addition, the municipality 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 may appeal to the Board of Supervisors within 30 days of that action.
B. 
Any person aggrieved by any decision of the 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 municipal decision.
[Added 4-23-2009 by Ord. No. 162]
A. 
In order to permit the reasonable utilization of property, the Board of Supervisors may grant a modification of the requirements of one or more provisions of this chapter if literal compliance will result in undue hardship or be unreasonable as it is applied to a particular property, or if the applicant establishes to the satisfaction of the Board of Supervisors that an alternative proposal will allow for equal or better results, provided that such modification will not be contrary to the public interest and fulfills the purpose and intent of this chapter.
B. 
In granting any requested modification, the Board of Supervisors may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this chapter.
C. 
All requests for modification shall be made in writing, shall be signed by the applicant, shall accompany the submission of the drainage plan, and shall include:
(1) 
The specific provision of this chapter with respect to which a modification is desired.
(2) 
The specific modification desired and the proposed alternative.
(3) 
The applicant's justification for the modification, including the full basis and facts of the alleged unreasonableness or undue hardship, and an explanation of how the requested modification is the minimum modification necessary to permit the reasonable utilization of the property but still achieves the purposes and objectives of this chapter.
D. 
The Board of Supervisors shall maintain a written record of the action taken on all requests for modification. Any modifications that are granted or approved shall be set forth on the approved drainage plan and on the record plan.