Township of West Manheim, PA
York County
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Table of Contents
Table of Contents

§ 221-39 Right of entry.

Upon presentation of proper credentials, 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.

§ 221-40 Inspection.

A. 
SWM BMPs shall be inspected by the landowner, or the owner's designee (including the Township for dedicated and owned facilities), according to the following list of minimum frequencies:
(1) 
Annually.
(2) 
During or immediately after the cessation of a ten-year or greater storm.
B. 
A report of all inspections shall be submitted to the Township annually.
C. 
All inspection records shall be maintained by the landowner and shall be made available to the Township upon written request.

§ 221-41 Notification.

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 set forth the nature of the violations and establish a time limit for the 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 do 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.

§ 221-42 Enforcement.

A. 
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 § 221-12.
B. 
It shall be unlawful to violate any provision of this chapter.
C. 
Inspections regarding compliance with the SWM site plan are a responsibility of the Township.

§ 221-43 Suspension and revocation.

A. 
Any approval or permit issued by the Township pursuant to this chapter may be suspended or revoked for:
(1) 
Noncompliance with or failure to implement any provision of the approved SWM site plan or O&M agreement.
(2) 
A violation of any provision of this chapter or any other applicable law, ordinance, rule, or regulation relating to the regulated activity.
(3) 
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.
B. 
A suspended approval shall be reinstated by the Township when:
(1) 
The Township has inspected and approved the corrections to the violations that caused the suspension.
(2) 
The Township is satisfied that the violation has been corrected.
C. 
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.
D. 
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 owner to correct the violation. In these cases, the Township 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 Township may revoke or suspend any, or all, applicable approvals and permits pertaining to any provision of this chapter.

§ 221-44 Violations and penalties.

A. 
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The Township 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.

§ 221-45 Appeals.

A. 
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 within 30 days of that action.
B. 
Any person aggrieved by any decision of the Board of Supervisors, relevant to the provisions of this chapter, may appeal to the York County Court of Common Pleas within 30 days of the Township's decision.