To the extent that the Township does not enforce any provision of
this chapter, such action or inaction shall not constitute a waiver
by the Township of its rights of future enforcement hereunder.
When it is necessary to make an inspection to enforce the provisions
of this chapter, the Code Official, Township Engineer or other designee
shall be authorized to enter the property at reasonable times to inspect
or perform the duties imposed by this chapter provided that if the
property is occupied, that credentials be presented to the occupant
and entry requested. If such property is unoccupied, the Township
representative shall first make a reasonable effort to locate the
owner or other person having charge or control of the property and
request entry. If entry is refused, the Township representative shall
have recourse to the remedies provided by law to secure entry.
Persons working on behalf of the Township shall have the right to
temporarily locate on or in any BMP, conveyance or other stormwater
management facility in the 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 the
Township within 48 hours of notification, verbal or written, is a
violation of this chapter.
The Township Engineer, Code Official, or other designee is hereby
authorized and directed to enforce all of the provisions of this chapter.
The Board of Supervisors may delegate enforcement duties, including
the initial determination of chapter violation and service of notice,
if notice is given, to such other officers or agents as the 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, the 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 the Township,
or any O&M plan or O&M agreement approved by the Township,
the 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 to 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 in accordance with § 178-52 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 the 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
the 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, the Township's Board of Supervisors
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 the Township cannot
be reinstated. The applicant may apply for a new permit or approval
in accordance with this chapter.
Any person who violates or permits the violation of any provision
of this chapter shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township, pay a judgment of
not more than $500 plus all court costs, including reasonable attorney
fees incurred by the Township as a result thereof. No judgment shall
commence or be imposed, levied, or be payable until the date of determination
of a violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day that a violation continues shall constitute a separate violation,
unless the Magisterial District Judge determining that there has been
a violation further determines that there was a good-faith basis for
the person violating the chapter to have believed that there was no
such violation, in which event there shall be deemed to have been
only one such violation until the fifth day following the date of
the determination of a violation by the Magisterial District Judge.
Thereafter, each day that a violation continues shall constitute a
separate violation. All judgments, costs and reasonable attorney fees
collected for the violation of this chapter shall be paid over to
the Township.
In addition, the 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 Township's attorney's fees (charged at the hourly rate
approved by the Board of Supervisors of the Township) and costs, as
may be permitted by law.
Notwithstanding any other provision of this chapter, the Township
shall have the right at any or all times deemed necessary by the Township
Engineer or designee to enter upon any property within the 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
the Township Board of Supervisors, or other such appeal body as designated
by the Board, within 30 days of that action.
Any person aggrieved by any decision of the Township Board of Supervisors
relative 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.
This chapter shall become effective five days after enactment
as provided by law.