A. 
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 implementation, condition, or operation and maintenance of the stormwater controls or BMPs in regard to any aspect governed by this chapter.
B. 
Stormwater control and BMP owners and operators shall allow persons working on behalf of the Township ready access to all parts of the premises for the purposes of determining compliance with this chapter.
C. 
Persons working on behalf of the Township shall have the right to temporarily locate on any stormwater control or BMP in the Township such devices as are necessary to conduct monitoring and/or sampling of the discharges from such stormwater control or BMP.
D. 
Unreasonable delays in allowing the Township access to a stormwater control or BMP is a violation of this article.
A. 
The landowner or the owner's designee (including the Township for dedicated and owned facilities) shall inspect BMPs, facilities and/or structures installed under this chapter according to the following frequencies, at a minimum, to ensure the BMPs, facilities and/or structures continue to function as intended:
(1) 
Annually for the first five years.
(2) 
Once every three years thereafter.
(3) 
During or immediately after the cessation of a ten-year or greater storm.
B. 
Inspections should be conducted during or immediately following precipitation events. A written inspection report shall be created to document each inspection. The inspection report shall contain the date and time of the inspection, the individual(s) who completed the inspection, the location of the BMP, facility or structure inspected, observations on performance, and recommendations for improving performance, if applicable. Inspection reports shall be submitted to the Township within 30 days following completion of the inspection.
A. 
The violation of any provision of this chapter is hereby deemed a public nuisance.
B. 
Each day that a violation continues shall constitute a separate violation.
A. 
Whenever the Township finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Township may order compliance by written notice to the responsible person. Such notice may, without limitation, require the following remedies:
(1) 
Performance of monitoring, analyses, and reporting;
(2) 
Elimination of prohibited connections or discharges;
(3) 
Cessation of any violating discharges, practices, or operations;
(4) 
Abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(5) 
Payment of a fine to cover administrative and remediation costs;
(6) 
Implementation of stormwater controls and BMPs; and
(7) 
Operation and maintenance of stormwater controls and BMPs.
B. 
Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violations(s). Said notice may further advise that, if applicable, should the violator fail to take the required action within the established deadline, the work will be done by the Township or designee, and the expense thereof shall be charged to the violator.
C. 
Failure to comply within the time specified 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.
A. 
Any building, land development, or other permit or approval issued by the Township may be suspended or revoked by the Township for:
(1) 
Noncompliance with or failure to implement any provision of the permit;
(2) 
A violation of any provision of this chapter; or
(3) 
The creation of any condition or the commission of any act during construction or development which constitutes or creates a hazard or nuisance, pollution, or which endangers the life, health, or property of others.
B. 
A suspended permit or approval shall be reinstated by the Township when:
(1) 
The Township Engineer or designee has inspected and approved the corrections to the stormwater controls and BMPs or the elimination of the hazard or nuisance; and/or
(2) 
The Township is satisfied that the violation of this chapter or other law, rule, or regulation has been corrected.
C. 
A permit or approval that has been revoked by the Township cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this chapter.
A. 
Any person violating the provisions of this chapter shall be guilty of a summary offense 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 constitute a separate offense and the applicable fines are cumulative.
B. 
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.
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 state the nature of the violation(s) and establish a time limit for correction of these 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 remedies. 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.
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 drainage 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. 
It shall be unlawful for any person, firm, or corporation to undertake any regulated activity under § 134-104 on any property except as provided for in the approved drainage plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any control structure required by the drainage plan pursuant to this chapter or to allow the property to remain in a condition that does not conform to the approved drainage plan.
C. 
At the completion of the project and as a prerequisite for the release of the performance guarantee, the owner or his/her/their 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.
D. 
After receipt of the certification by the Township, a final inspection shall be conducted by the Township Engineer or designated representative to certify compliance with this chapter.
E. 
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.
F. 
Occupancy permit. An occupancy permit shall not be issued unless the certification of completion pursuant to § 134-907C(1) has been secured. The occupancy permit shall be required for each lot owner and/or applicant for all subdivisions and land developments in the Township.
A. 
Any person aggrieved by any action of Lower Frederick Township or its designee must appeal, in writing, to Board of Supervisors within 30 days of that action. For the purposes of this appeal procedure the postmark will establish the date of appeal.
B. 
The Board of Supervisors shall have at least 45 days to make a decision relating to any appeal. The Board of Supervisors may hold a hearing on the issue during the 45 days. The Board will issue a written decision to the appellant during the 45 days or 15 days from the date of the hearing, whichever is greater. Any failure to issue a written decision shall be considered a denial of relief requested on the last day the Supervisors could have issued their decision. A copy of the decision will be mailed to the appellant one day after it has been issued.
C. 
Any person aggrieved by any decision of Board of Supervisors may appeal to the County Court of Common Pleas in the County where the activity has taken place within 30 days of the Board's decision.