[Ord. No. 2023-1, 1/11/2023]
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 condition of the stormwater structures and facilities in regard to any aspect regulated by this chapter.
[Ord. No. 2023-1, 1/11/2023]
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 Township 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 this 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 Township from pursuing any and all other remedies available in law or equity. It shall be the responsibility of the owner 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.
[Ord. No. 2023-1, 1/11/2023]
1. 
The Township Board of Supervisors is hereby authorized and directed to enforce all of the provisions of this chapter. All inspections regarding compliance with the SWM site plan shall be the responsibility of the Township Engineer or other qualified persons designated by the Township.
A. 
A set of design plans approved by the Township shall be on file at the site throughout the duration of the construction activity. Periodic inspections may be made by the Township 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 § 104 of this chapter on any property except as provided for in the approved SWM site plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any control structure required by the SWM site plan pursuant to this chapter or to allow the property to remain in a condition which does not conform to the approved SWM site plan.
C. 
It shall be unlawful to violate § 903 of this chapter.
D. 
At the completion of the project, and as a prerequisite for the release of the performance guarantee, the owner or his representatives shall:
(1) 
Provide a certification of completion from an engineer, architect, surveyor or other qualified person verifying that all permanent facilities have been constructed according to the plans and specifications and approved revisions thereto.
(2) 
Provide a set of as-built (record) drawings.
E. 
After receipt of the certification by the Township, a final inspection shall be conducted by the Township Board of Supervisors or its designee to certify compliance with this chapter.
F. 
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 municipality may revoke or suspend any, or all, applicable approvals and permits pertaining to any provision of this chapter.
G. 
Suspension and Revocation of Permits.
(1) 
Any permit issued under this chapter may be suspended or revoked by the Township Board of Supervisors for:
(a) 
Noncompliance with or failure to implement any provision of the approved SWM site plan or O&M agreement.
(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, or pollution, or which endangers the life or property of others.
(2) 
A suspended permit shall be reinstated by the Township Board of Supervisors when:
(a) 
The Township Engineer or his 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 Township Board of Supervisors is satisfied that the violation of this chapter, or any other applicable law, ordinance, rule or regulation relating to the project has been corrected.
(3) 
A permit which has been revoked by the Township Board of Supervisors cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this chapter.
H. 
Occupancy Permit. An occupancy permit shall not be issued unless the certification of compliance pursuant to § 803, Subsection 1D of this chapter has been secured. The occupancy permit shall be required for each lot owner and/or developer for all subdivisions and land development in the Township.
[Ord. No. 2023-1, 1/11/2023]
1. 
The violation of any provision of this chapter is hereby deemed a public nuisance.
2. 
Each day that a violation continues shall constitute a separate violation.
[Ord. No. 2023-1, 1/11/2023]
1. 
Anyone violating the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of not more than $1,000 for each violation, recoverable with costs, or imprisonment of not more than 90 days, or both. Each day that the violation continues shall be a separate offense.
2. 
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.
[Ord. No. 2023-1, 1/11/2023]
1. 
Any person aggrieved by any action of the Township or its designee may appeal to Kingston Township Board of Supervisors within 30 days of that action.
2. 
Any person aggrieved by any decision of Kingston Township may appeal to the County Court of Common Pleas in the county where the activity has taken place within 30 days of the Township decision.