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.
Upon presentation of proper credentials, duly authorized officers
or agents of the Township may enter at reasonable times upon any property
within the 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 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 24 hours of notification, verbal or written, shall
constitute a violation of this chapter.
The Township Engineer or other designee is hereby authorized and
directed to enforce all of the provisions of this chapter. The municipal
governing body 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 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 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 municipal governing body in accordance with § 345-906 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 governing body
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 violating or permitting the violation of the provisions
of this chapter shall be subject to a fine of not more than $500 for
each violation plus all court costs, 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, 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 attorneys' fees (charged at the
hourly rate approved by the governing body 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's governing body within 30 days of that action.
Any person aggrieved by any decision of the Township's governing
body relative to the provisions of this chapter may appeal to the
Chester County Court of Common Pleas within 30 days of the Township's
decision.
This chapter shall be effective five days following adoption,
as by law provided.