Upon presentation of proper credentials, the Township may enter
at reasonable times upon any property within the Township to inspect
the condition of the stormwater structures and facilities in regard
to any aspect regulated by this chapter.
SWM BMPs shall be inspected by the landowner, or the owner's
designee (including the Township for dedicated and owned facilities),
according to the following list of minimum frequencies:
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.
It shall be unlawful for a person to undertake any regulated activity except as provided in an approved SWM site plan, unless specifically exempted in § 374-15.
Inspections regarding compliance with the SWM site plan are a responsibility
of the Township. Written documentation of all inspections, including
any necessary corrective actions, will be submitted to the Township
within 10 days of the inspection.
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.
An approval that has been revoked by the Township cannot be reinstated.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.
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.
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 $1,000 for each violation, recoverable with costs,
and in default of the payment of the fine and costs of prosecution,
shall be imprisoned for a period not exceeding 30 days. Each day that
the violation continues shall be a separate offense and penalties
shall be cumulative.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In addition, the 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.
Any person aggrieved by any action of the Township or its designee,
relevant to the provisions of this chapter, may appeal to the Township
within 30 days of that action.
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.