[Ord. No. 246, 10/11/2023]
1.
The provisions of this Part are the minimum standards for the protection
of the public welfare.
2.
If the applicant demonstrates to the satisfaction of the Board of
Supervisors that any mandatory provision of this Part is unreasonable
and causes unique and undue hardship as it applies to his proposed
project, the Board of Supervisors, upon obtaining the comments and
recommendations of the Township Engineer, may grant a waiver so that
substantial justice may be done and the public interest secured, provided
that such waiver will not have the effect of nullifying the intent
and purpose of this Part.
3.
The applicant shall make all requests for waivers in writing and
include such requests as a part of the application for development.
The applicant shall state in full the grounds and facts of unreasonableness
or hardship on which the request is based, the provision or provisions
of this Part involved and the minimum waiver necessary. The applicant
shall state how the requested waiver and applicant's proposal
shall result in an equal or better means of complying with the intent
of this Part as stated in Subpart 2A.
4.
The Board of Supervisors shall keep a written record of all action
on all waiver requests.
5.
In granting waivers, the Board of Supervisors may impose conditions
as will, in its judgment, secure substantially the objectives of the
standards or requirements so modified.
6.
The applicant shall address all of the following in its application
for a waiver:
A.
Are there existing stormwater problems on downstream properties or
at streets? The applicant shall demonstrate that the requested waiver
shall improve any such problems.
B.
Will the increased peak flows and/or volume of runoff create a problem
to downstream properties or streets? Examples of problems may include
but are not limited to:
C.
Is runoff being diverted to a different watershed to accomplish the
goal of no or minimal increase of peak flow from the site?
[Ord. No. 246, 10/11/2023]
The Board of Supervisors may, from time to time, amend this
Part by appropriate action taken at a scheduled public meeting. Amendments
to this Part shall be advertised and enacted in accordance with the
Second Class Township Code.[1]
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
[Ord. No. 246, 10/11/2023]
1.
It shall be a violation of this Part to commit or permit any other
person to commit any of the following acts:
A.
To commence regulated activities prior to obtaining unconditional
approval of a drainage plan or in violation of the terms or conditions
of a drainage plan approved under this Part.
B.
To install, repair, modify or alter stormwater management facilities
prior to obtaining approvals under this Part or in a manner which
violates the terms and conditions of any approval issued under this
Part.
C.
To misuse or fail to maintain any stormwater management facility
installed upon a property.
D.
To construct any improvements upon, grade, fill or take any other
action which will impair the proper functioning of any stormwater
management facility.
E.
To place false information on, or omit relevant information from,
an application for approval under this Part.
F.
To fail to comply with any other provisions of this Part.
[Ord. No. 246, 10/11/2023]
1.
The municipal governing body is hereby authorized and directed to
enforce all of the provisions of this Part. All inspections regarding
compliance with the drainage plan shall be the responsibility of the
Municipal Engineer or other qualified persons designated by the municipality.
A.
Design Plans. A set of design plans approved by the municipality
shall be on file at the site throughout the duration of the construction
activity. Periodic inspections may be made by the municipality or
designee during construction.
B.
Adherence to Approved Plan. It shall be unlawful for any person, firm or corporations to undertake any regulated activity under § 26-205 on any property except as provided for in the approved drainage plan and pursuant to the requirements of this Part. It shall be unlawful to alter or remove any control structure required by the drainage plan pursuant to this Part or to allow the property to remain in a condition which does not conform to the approved drainage plan.
C.
Hearing. Prior to revocation or suspension of a permit and at the
request of the applicant, the governing body will schedule a hearing
to discuss the noncompliance if there is no immediate danger to life,
public health or property. The expense of a hearing shall be the applicant's
responsibility.
D.
Suspension and Revocation of Permits.
(1)
Any permit issued by the municipality may be suspended or revoked
for:
(a)
Noncompliance with or failure to implement any provision of
the permit.
(b)
A violation of any provision of this Part or any other applicable
law, ordinance, rule or regulation relating to the regulated activity.
(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 governing body
when:
(a)
The Municipal Engineer or his municipal 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 governing body is satisfied that the violation of this Part,
or the law, or rule and regulation has been corrected.
(3)
A permit that has been revoked cannot be reinstated. The applicant
may apply for a new permit under the procedures outlined in this Part.
(4)
If a violation causes no immediate danger to life, public health,
or property, at its sole discretion, the municipality may provide
a limited time period for the owner to correct the violation. In these
cases, the municipality 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 Part.
[Ord. No. 246, 10/11/2023]
[Ord. No. 246, 10/11/2023]
1.
For each violation of the provisions of this Part, the owner, agent,
lessee, or contractor or any other person who commits, takes part
in, or assists in any such violation shall be liable upon conviction
thereof in a summary proceeding to pay a fine of not less than $200
nor more than $1,000 for each offense, together with the costs of
prosecution. Each day or portion thereof in which a violation exists
shall be considered a separate violation of this Part, and each section
of this Part which is violated shall be considered a separate violation.
2.
The Township may also institute suits to restrain, prevent, or abate
a violation of this Part in equity or at law. Such proceedings in
equity or at law may be initiated before any court of competent jurisdiction.
In cases of emergency where, in the opinion of the court, the circumstances
of the case require immediate abatement of the unlawful conduct, the
court may, in its decree, fix a reasonable time during which the person
responsible for the unlawful conduct shall correct or abate the same.
The expense of such proceedings shall be recoverable from the violator
in such manner as may now or hereafter be provided by law.
[Ord. No. 246, 10/11/2023]
1.
Any activity conducted pursuant to a drainage plan approved by Township
shall be performed in strict compliance with the provisions of the
plan. Violations shall be treated in the following manner:
A.
Any noncompliance with the provisions of the drainage plan that is
identified by the Township Engineer, the Code Enforcement Officer
or his designee in the course of inspections as specified in this
Part shall be remedied by the developer according to the terms in
this Part.
B.
If at any time work does not conform to the approved drainage plan,
including all conditions and specifications and modifications thereof,
the Township Engineer or the Code Enforcement Officer shall issue
a written notice to comply to the developer. Such notice shall set
forth the nature of corrections required and the time within which
corrections shall be made. Upon failure to comply within the time
specified, the developer shall be considered in violation of this
Part, and the Township shall issue a cease-and-desist order on all
work on the site, including any building or other construction, until
corrections are made. If corrections are not undertaken within a specified
time or the developer violates the cease-and-desist order: 1) penalties
shall be imposed, and/or 2) the work shall be completed by the Township
and the costs charged to the developer.
[Ord. No. 246, 10/11/2023]
Except as specifically provided by the Act 167, the making of
any administrative decision by the Township or any of its officials
or employees shall not constitute a representation, guarantee or warranty
of any kind by the Township of the practicability or safety of any
proposed structure or use with respect to damage from erosion, sedimentation,
stormwater runoff, flood, or any other matter, and shall create no
liability upon or give rise to any cause of action against the Township
and its officials and employees. The Board of Supervisors, by enacting
this Part, does not waive or limit any immunity granted to the Township
and its officials and employees by the Governmental Immunity Act of
October 5, 1980, P.L. 693, No. 142, as amended, 42 Pa. C.S.A. § 8541
et seq., and does not assume any liabilities or obligations.
[Ord. No. 246, 10/11/2023]
1.
Any person aggrieved by any action of a qualified representative
of the Township may appeal to the Board of Supervisors within 30 days
of that action.
2.
Any person aggrieved by any action of the Board of Supervisors may
appeal to Monroe County Court of Common Pleas within 30 days of that
action.
