The designee of the Township may enter at reasonable times upon
any property within the Township to inspect the condition of the stormwater
structures and facilities in regard to any aspect regulated by this
chapter.
For both community and private SWM BMPs, upon report or information
of lack of maintenance, a defect, or failure of a SWM BMP, or at such
other times as the Township deems necessary and appropriate. In such
instance, the landowner or other responsible party shall pay the cost
of such inspections.
It shall be unlawful for a person to undertake any regulated activity except as provided in an approved SWM site plan, unless specifically exempted in § 158-14.
The creation of any condition or the commission of any act during
the regulated activity which constitutes or creates a hazard, nuisance,
pollution, or endangers the life or property of others.
An approval that has been revoked by the Township cannot be reinstated.
The applicant may apply for a new approval under the provisions of
this chapter.
If a violation causes no immediate danger to life, public health,
or property, at its sole discretion, the Township may provide a limited
time period for the landowner or responsible parties to correct the
violation. In these cases, the Township will provide the owner or
responsible parties, or their agent, 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 Township may revoke or suspend any, or all,
applicable approvals and permits pertaining to any provision of this
chapter.
Any person, partnership, corporation, or other entity who or which
has violated the provisions of this chapter shall, upon conviction
thereof in a summary proceeding before a Magisterial District Judge
(formerly District Justice), be sentenced to pay a fine of not more
than $1,000, plus costs, and may be imprisoned for a period not to
exceed 90 days. Each day that this chapter is violated shall constitute
a separate and distinct offense, and shall be subject to separate
and distinct penalties as set forth in this section, unless the Magisterial
District Judge determines that there has been a good faith basis for
the person, partnership, corporation or other entity violating the
chapter to have believed that there was no such violation, in which
event there shall be deemed to have been only one such violation.
In addition to the penalties prescribed in Subsection A, the Township may institute civil, 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.
Any person aggrieved by any action of the Township or its Designee,
relevant to the provisions of this chapter, may appeal to the Board
of Supervisors of the Township within 30 days of that action.
Any person aggrieved by any decision of the Board of Supervisors
of the Township, relevant to the provisions of this chapter, may appeal
to the York County Court of Common Pleas within 30 days of the decision
of the Board of Supervisors of the Township.