To the extent that Thornbury Township does not enforce any provision
of this chapter, such action or inaction shall not constitute a waiver
by Thornbury Township of its rights of future enforcement hereunder.
Upon presentation of proper credentials, duly authorized officers
or agents of Thornbury Township may enter at reasonable times upon
any property within Thornbury Township to inspect the implementation,
condition, or operation and maintenance of all erosion and sediment
controls and permanent stormwater BMPs, conveyances, or other stormwater
management facilities both during and after completion of a regulated
activity, or for compliance with any requirement of this chapter.
Persons working on behalf of Thornbury Township shall have the right
to temporarily locate on or in any BMP, conveyance, or other stormwater
management facility in Thornbury Township such devices as are necessary
to conduct monitoring and/or sampling of the discharges from such
BMP or conveyance, or other stormwater facilities.
Failure of the landowner or representative to grant access to Thornbury
Township within 24 hours of notification, verbal or written, is a
violation of this chapter.
The Township Engineer or other designee is hereby authorized and
directed to enforce all the provisions of this chapter. The Board
of Supervisors of Thornbury Township may delegate enforcement duties,
including the initial determination of Ordinance violation and service
of notice, if notice is given, to such other officers or agents as
Thornbury Township shall deem qualified for that purpose.
It shall be the responsibility of the landowner of the real property
on which any regulated activity is proposed to occur, is occurring,
or has occurred to comply with the applicable terms and conditions
of this chapter.
During any stage of the work of any regulated activity, if the Township
Engineer or other designee determines that the erosion and sediment
control measures, permanent BMPs, conveyances or other stormwater
facilities are not being installed or maintained in accordance with
the approved SWM site plan, Thornbury Township may suspend or revoke
any existing permits or other approvals until the deficiencies are
corrected or until a revised SWM site plan is submitted and approved,
if and as determined to be necessary by the Township Engineer or other
designee.
In the event that the Township Engineer or other designee finds that
a person has violated a provision of this chapter, or fails to conform
to the requirements of any permit or approval issued by Thornbury
Township, or any O&M plan or O&M agreement approved by Thornbury
Township, the Thornbury Township may order compliance by written notice
of the violation to the landowner.
Such notice shall set forth the nature of the violation(s), citing the specific sections of this chapter which have not been met, and establish a time limit for commencement of correction and completion of correction of the violations(s). The notice shall provide for a right of the landowner's appeal to the Board of Supervisors of Thornbury Township in accordance with § 116-51 of this chapter. Said notice shall further advise that, if applicable, should the violator fail to take the required action within the established deadline, possible sanctions, clearly described, may be imposed, or the work may be done by Thornbury Township or designee, and the expense thereof shall be charged to the violator.
Failure to comply within the time specified in such notice shall
also subject such person to the penalty provisions of this chapter.
All such penalties shall be deemed cumulative and shall not prevent
Thornbury Township from pursuing any and all other remedies available
in law or equity.
The creation of any condition or the commission of any act during
the regulated activity that constitutes or creates a hazard or nuisance,
or endangers the life, health, safety, or property of others; or
Prior to revocation or suspension of a permit, unless there is immediate
danger or threat of such danger to life, public health or property,
at the request of the applicant, Board of Supervisors of Thornbury
Township shall schedule a hearing on the violation and proposed revocation
or suspension, pursuant to public notice. The expense of a hearing
shall be the applicant's responsibility.
The Township Engineer or other designee has inspected and approved
the corrections to the BMPs, conveyances or other stormwater management
facilities, or the elimination of the hazard or nuisance; and
A permit or approval that has been revoked by Thornbury Township
cannot be reinstated. The applicant may apply for a new permit or
approval in accordance with this chapter.
Any person violating or permitting the violation of the provisions
of this chapter shall be subject to a fine of not more than $300 for
each violation, recoverable with costs. The establishment of a violation
for purposes of setting fines or penalties for such violation shall
be in accordance with a citation to a magisterial district judge with
jurisdiction and venue over the location of the violation and such
an action will be subject to the procedures provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
A separate offense shall arise for each day or portion thereof a violation
is found to exist and may be determined for each section of this chapter
which is found to have been violated.
In addition, Thornbury Township may, through its solicitor, 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 legal
or equitable forms of remedy or relief. Such relief may include costs,
fees, and charges, including the Thornbury Township's attorney's
fees (charged at the hourly rate approved by the Board of Supervisors
of Thornbury Township) and costs, as may be permitted by law.
Notwithstanding any other provision of this chapter, Thornbury Township
shall have the right at any or all times deemed necessary by the Township
Engineer or designee to enter upon any property within Thornbury Township
to inspect and, upon determination of a violation of this chapter,
to correct the violation, with all expenses associated with correcting
the violation to be charged to the property owner responsible for
the violation.
Any person aggrieved by any action of the Township Engineer or other
designee relative to the provisions of this chapter may appeal to
Board of Supervisors of Thornbury Township within 30 days of that
action.
Any person aggrieved by any decision of the Board of Supervisors
of Thornbury Township relative to the provisions of this chapter may
appeal to the Court of Common Pleas of Chester County where the activity
has taken place within 30 days of Thornbury Township's decision.
This chapter shall take effect 30 days after the date of its
enactment by the Board of Supervisors.