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 BMPs with regard to any aspect governed by this chapter.
B. 
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 BMP in the Township such devices as are necessary to conduct monitoring and/or sampling of the discharges from such BMP.
D. 
Unreasonable delays in allowing the Township access to a BMP is a violation of this chapter.
[Added 11-8-2022 by Ord. No. 231-2022]
A. 
The landowner or the owner's designee (including the municipality for dedicated and owned facilities) shall inspect SWM 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 municipality within 30 days following completion of the inspection.
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, Brecknock 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 same. Failure to comply within the time specified shall subject such person to the penalty provisions of this chapter as set forth below. All such penalties shall be deemed cumulative and shall not preclude Brecknock 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.
It shall be a violation of this chapter to commit or permit any other person to commit any of the following acts:
A. 
To commence land disturbance activities for which this chapter requires a permit prior to obtaining a permit or in violation of the terms or conditions of any permit issued under this chapter.
B. 
To install, repair, modify or alter stormwater management facilities prior to obtaining a permit under this chapter or in a manner which violates the terms and conditions of any permit issued under this chapter.
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 a waiver, approval or permit under this chapter.
F. 
To fail to comply with any of the provisions of this chapter.
Brecknock Township is hereby authorized and directed to enforce all of the provisions of this chapter.
A. 
All inspections regarding compliance with the drainage plan shall be the responsibility of the Brecknock Township Engineer or other qualified persons designated by Brecknock Township.
(1) 
A set of design plans approved by Brecknock Township shall be on file at the site throughout the duration of the construction activity. Periodic inspections may be made by Brecknock Township or designee during construction.
(2) 
Adherence to approved plan. It shall be unlawful for any person, firm or corporation to undertake any regulated activity under § 93-5 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 which does not conform to the approved drainage plan.
(3) 
As a prerequisite for the full release of the financial security, at the completion of the project, the following requirements shall be met:
[Amended 4-8-2014 by Ord. No. 198-2014]
(a) 
A final inspection shall be conducted by the Brecknock Township Engineer or designated representative to certify compliance with this chapter. Any deficiencies noted by the Township Engineer or designated representative shall be remedied to the satisfaction of the Township Engineer or designated representative.
(b) 
For projects with an NPDES permit, provide a certificate of completion, as required in § 93-27C.
(c) 
As required by the Township Engineer, complete an as-built survey of all stormwater management facilities included in the approved SWM site plan and submit it to the Township for review and approval along with an explanation of any discrepancies with the design plans, included revised calculations. The Township or its designee shall not approve the as-built survey until it receives, as applicable, a copy of an approved declaration of adequacy/highway occupancy permit from PennDOT and, as required by § 93-40A(3)(b), a certificate of completion.
[1] 
Upon approval of the as-built plan by the Township or its designee and as required by the Township Engineer, the applicant shall submit an as-built plan for recordation in the Office of the Recorder of Deeds. The as-built plan must show the final design specifications for all stormwater management facilities and be sealed by a registered professional engineer. When a digital submission of an as-built plan is required, all coordinates as depicted on the plan shall be based on the PA South Zone State Plane Coordinate System (NAD83 for horizontal and NAVD88 for vertical).
[2] 
Concurrently with the recordation of the as-built plan, the applicant shall submit the SWM site plan for recordation in the Office of the Recorder of Deeds, unless the site plan has already been recorded.
B. 
Whenever Brecknock Township finds that a person has violated a prohibition or failed to meet a requirement of this chapter, Brecknock Township may order compliance by written notice to the responsible person.
(1) 
Such notice may require without limitation:
(a) 
The performance of monitoring, analyses, and reporting;
(b) 
The elimination of prohibited connections or discharges;
(c) 
Cessation of any violating discharges, practices, or operations;
(d) 
The abatement of remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(e) 
Payment of a fine to cover administrative and remediation costs;
(f) 
The implementation of stormwater controls and BMPs; and
(g) 
Operation and maintenance of stormwater controls and BMPs.
(2) 
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 Brecknock Township or designee and the expense thereof shall be charged to the violator.
(3) 
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 Brecknock Township from pursuing any and all other remedies available in law or equity.
C. 
Suspension and revocation of permits.
(1) 
Any building, land development or other permit or approval issued by Brecknock Township may be suspended or revoked by Brecknock Township for:
(a) 
Noncompliance with or failure to implement any provision of the permit.
(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, pollution or which endangers the life or property of others.
(2) 
A suspended permit shall be reinstated by the Township when:
(a) 
The Township Engineer or a 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 is satisfied that the violation of the ordinance, law, or rule and regulation has been corrected.
(3) 
A permit that has been revoked by Brecknock Township cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this chapter.
(4) 
Prior to revocation or suspension of a permit, Brecknock Township will schedule a hearing to discuss the noncompliance if there is no immediate danger to life, public health or property.
D. 
Occupancy permit. An occupancy permit shall not be issued unless the certification of compliance has been secured. The occupancy permit shall be required for each lot owner and/or applicant for all subdivisions and land development in Brecknock Township.
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. 
If the Board of Supervisors or the officer designated to enforce this chapter by the Board of Supervisors determines that a person has committed or permitted the commission of a violation of this chapter, the Board of Supervisors or such enforcement officer shall inform such person, in writing, of the violation, shall notify such person to cease the violation of this chapter and shall inform such person that he or she must pay a civil penalty to the Township within the range of the amounts set forth below to settle the violation:
(1) 
The penalty for the first offense shall be not less than $50 and not more than $600;
(2) 
The penalty for the second offense shall be not less than $100 and not more than $600; and
(3) 
The penalty for a third offense or greater offense shall be not less than $200 and not more than $600.
(4) 
If such person fails or refuses to remit the penalty to the Township within 10 days from the date of the written notice of the violation of this chapter, the Township may commence a civil enforcement proceeding seeking penalties and costs for the violation of this chapter and/or may commence and action in equity. The Township shall seek a judgment for the penalty previously imposed together with additional daily penalties for continuing violations, plus all court costs, including the reasonable attorneys' fees incurred by the Township in the enforcement proceedings. Each day that a violation continues shall constitute a separate violation and each section of this chapter which is violated shall constitute a separate violation. If a defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
B. 
The Township may institute suits in equity to restrain, prevent or abate any violation of this chapter. The Township, if required to abate nuisance conditions, shall be entitled to recover its expenses from any financial security posted by a developer by filing a municipal claim against the property in the amount of the cost of the abatement plus a penalty of 25% of such costs, or by any other means authorized by law.
C. 
If an applicant for approval of a stormwater management plan has presented any incorrect information in connection with the review or approval of the plan, the Board of Supervisors may revoke approval of the stormwater management plan. When a plan approval has been revoked it shall not be reinstated. The applicant shall be required to submit a new stormwater management plan application in accordance with the processing procedures of this chapter.
[Amended 4-8-2014 by Ord. No. 198-2014]
A. 
Any person aggrieved by any administrative action of Brecknock Township may appeal to the Brecknock Township Board of Supervisors within 30 days of that action. Any such appeal shall be governed by the procedures of Article V of the Local Agency Law, 2 Pa. C.S.A. § 401 et seq.
B. 
Any person aggrieved by any decision of the Brecknock Township Board of Supervisors may appeal to the Lancaster County Court of Common Pleas, in accordance with Article VII of Local Agency Law, 2 Pa. C.S.A. § 701 et seq. the Local Agency Law, within 30 days of that decision.
A modification which involves a change in stormwater management methods, techniques, or facilities, or which involves the relocation, or redesign of stormwater management facilities, or which is necessary because soil or other conditions are not as stated on the approved plan, shall require a resubmission by the developer/applicant in accordance with the plan requirements as set forth in § 93-21 of this chapter.
A. 
The provisions of this chapter are intended as minimum standards for the protection of the public health, safety and welfare. The Township reserves the right to modify or to extend them conditionally in individual cases as may be necessary in the public interest; provided, however, that such variation shall not have the effect of nullifying the intent and purpose of this chapter, and that the applicant shows to the satisfaction of the Township that the applicable regulation is unreasonable or will cause undue hardship, or that an alternative proposal will allow for equal or better results. The list of such modifications along with an explanation of and justification for each modification, shall be included on the plan. This section does not apply during an enforcement action.
B. 
In granting waivers/modifications for provisions of this chapter not relating to water quality, the Township may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this chapter.