Township of Falls, PA Article VIII Enforcement and Penalties

§ 187-35 Right of entry.

Upon presentation of proper credentials, duly authorized representatives of the Township of Falls may enter at reasonable times upon any property within the Township of Falls to inspect the condition of the stormwater management facilities in regard to any aspect regulated by this chapter.

§ 187-36 Notification.

In the event that a person fails to comply with the requirements of this chapter, or fails to conform to the approved drainage plan, the Township, under this chapter, 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 these violations(s). Failure to comply within the time specified shall subject such person to the penalty provision of this chapter. All such penalties shall be deemed cumulative and shall not prevent the Township of Falls from pursuing any and all other 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.

§ 187-37 Enforcement.

The 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 of Falls.

A. A set of design plans approved by the Township of Falls shall be on file at the site throughout the duration of the construction activity. Periodic inspections may be made by the Township of Falls or its designee during construction.

B. Adherence to approved plan. It shall be unlawful for any person, firm or corporation to undertake any regulated activity under § 187-4 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 stormwater management facilities 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.

C. At the completion of the project, and as a prerequisite for the release of the performance guarantee, the applicant/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" drawings.

D. After receipt of the certification by the Township of Falls, a final inspection shall be conducted by the Board of Supervisors or its designee to certify compliance with this chapter.

E. Prior to revocation or suspension of a permit, the Board of Supervisors will schedule a hearing for testimony regarding the noncompliance if there is no immediate danger to life, public health or property.

F. Suspension and revocation of drainage plan approvals.

(1) Any drainage plan approval issued under this chapter may be suspended or revoked by the Township for:

(a) Noncompliance with or failure to implement any provision of the plan.

(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, or as outlined in this chapter.

(2) Suspended drainage plans.

(a) A suspended drainage plan shall be reinstated by the Board of Supervisors when:

[1] The Township Engineer or his designee has inspected and approved the corrections to the stormwater management facility and erosion and sediment pollution control measure(s), or the elimination of the hazard or nuisance; and/or

[2] The Board of Supervisors is satisfied that the violation of the ordinance, law or rule and regulation has been corrected.

(b) The approved drainage plan, which has been revoked by the Board of Supervisors, cannot be reinstated. The applicant/owner may submit a new drainage plan under the procedures outlined in this chapter.

G. 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/owner for all subdivisions and land development in the Township of Falls.

H. 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.

I. 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.

J. Unreasonable delays in allowing the Township access to a stormwater control or BMP is a violation of this article.

§ 187-38 Public nuisance.

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.

§ 187-39 Violations and penalties.

A. Any person, firm or corporation who violates or permits a violation of this chapter shall be subject to a civil enforcement proceeding and, upon conviction, shall be sentenced to pay a civil penalty of not more than $600, plus all court costs including reasonable attorney's fees incurred by the Township in the enforcement of this chapter. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to file a complaint for such violation and seek any other available relief at law or equity, including injunction, to enforce compliance with this chapter.

B. In addition, the Township of Falls, 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.

C. 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.

§ 187-40 Appeals.

A. Any person aggrieved by any action of the Township of Falls or its designee, relevant the provisions of this chapter, may appeal to the Bucks County Court of Common Pleas within 30 days of the decision.