[Ord. 2011-8, 11/3/2011, § 801]
Upon presentation of proper credentials, 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.
[Ord. 2011-8, 11/3/2011, § 802]
1. SWM BMPs shall be inspected by the landowner, or the landowner's
designee, including the Township for dedicated and owned facilities,
according to the following list of minimum frequencies:
A. Annually for the first five years.
B. Once every three years thereafter.
C. During or immediately after the cessation of a ten-year or greater
storm, i.e., a storm of a estimated frequency of recurrence of 10
years or greater interval of time.
D. 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.
[Ord. 2011-8, 11/3/2011, § 803]
1. 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 regulated activities prior to obtaining unconditional
approval of a SWM site plan or in violation of the terms or conditions
of a SWM site plan approved under this chapter.
B. To install, repair, modify or alter SWM facilities or SWM BMPs prior
to obtaining approvals under this chapter when required, or, in a
manner which violates the terms and conditions of any approval issued
under this chapter.
C. To misuse or fail to maintain any SWM facility or SWM BMP 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 SWM facility
or SWM BMP.
E. To place false information on, or, omit relevant information from
an application for approval under this chapter.
F. To fail to comply with any other provisions of this chapter.
[Ord. 2011-8, 11/3/2011, § 804]
1. Any approval or permit issued by the Township pursuant to this chapter
may be suspended or revoked for:
A. Non-compliance with or failure to implement any provision of the
approved SWM site plan or O&M agreement.
B. A violation of any provision of this chapter or any other applicable
law, ordinance, rule or regulation relating to the regulated activity.
C. 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.
2. A suspended approval shall be reinstated by the Township when:
A. The Township has inspected and approved the corrections to the violations
that caused the suspension.
B. The Township is satisfied that the violation has been corrected.
3. 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.
4. 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.
[Ord. 2011-8, 11/3/2011, § 805]
1. The violation of any provision of this chapter is hereby deemed a
public nuisance. The Township is hereby authorized to enter upon private
property and take all measures necessary to abate a deemed public
nuisance under this chapter. It shall be unlawful for any person,
owner, agent or person in possession of any premises to refuse to
allow the Township or designated contractor to enter upon the premises
for the purposes set forth above. The costs incurred by the Township
to abate a public nuisance, including attorney fees, shall be a special
assessment against the property and shall constitute a municipal lien
on the property for the amount of the assessment plus a penalty of
10% of the assessment.
2. Any person, developer or landowner who or which has violated the
provisions of this chapter shall, upon being found liable therefore
in a civil enforcement proceeding commenced by the Municipality before
a magisterial district judge (formerly district justice), pay a judgment
of not more $600, plus all court costs, including reasonable attorney's
fees incurred by the Municipality. No judgement shall commence or
be imposed, levied or payable until the date of the determination
of a violation by the magisterial district judge. If the defendant
neither pays nor timely appeals the judgment, the Municipality may
enforce the judgment pursuant to the applicable rules of civil procedure.
Each day that a violation continues shall constitute a separate violation,
unless the magisterial district judge determining that there has been
a violation further determines that there has been a good faith basis
for the person, partnership or corporation violating this chapter
to have believed that there was no such violation, in which event
there shall be deemed to have been only one such violation. The court
of common pleas, upon petition, may grant an order of stay, upon cause
shown, tolling the per diem judgment pending a final adjudication
of the violation and judgment.
3. In addition to the penalties prescribed in Subsections
1 and
2, 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.
[Ord. 2011-8, 11/3/2011, § 806]
1. Appeals from the decision of the Board of Supervisors on a SWM site plan governed by this chapter or the decision on a request for waiver from the requirements of this chapter insofar as the same relates to an application for subdivision and/or land development governed by the Subdivision Ordinance [Chapter
22] shall be made in accordance with Article X-A of the MPC, 53 P.S. § 11001-A et seq.
2. Appeals from the determination of the Codes Enforcement Officer, Zoning Officer, Township Engineer or other Township agent in the administration of this chapter insofar as the same relates to an application for subdivision and/or land development governed by the Subdivision Ordinance [Chapter
22] shall be made in writing to the Board of Supervisors. The appeal shall be subject to the time limitations of § 914.1 of the MPC, 53 P.S. § 10914.1. All appeals shall be accompanied by the appeal fee established by resolution of the Board of Supervisors.
A. The written appeal shall specify the precise action from which the
appeal is taken and shall set forth in concise terms the reason for
the appeal and any legal authorities supporting the appeal.
B. If the appellant desires a hearing before the Board of Supervisors,
the appellant must request a hearing in the written appeal. The appellant
shall pay the cost of the stenographer for any such hearing and the
cost to transcribe the proceeds of the hearing.
C. If a hearing is requested in writing, the Board of Supervisors shall
conduct the hearing at a regular or special public meeting which occurs
not less than 60 days after receipt of the written appeal. The hearing
shall be conducted in accordance with the provisions of the Local
Agency Law, 2 Pa.C.S.A. § 551 et seq.
D. The Board of Supervisors shall render a decision on the appeal in
accordance with the provisions of the Local Agency Law, 2 Pa.C.S.A.
§ 551 et seq.
3. Appeals from all other determinations of the Codes Enforcement Officer,
Zoning Officer, Township Engineer or other Township agent in the administration
and enforcement of this chapter shall be made in writing to the Township's
Zoning Hearing Board in accordance with the provisions of Article
IX of the MPC, 53 P.S. § 10901 et seq. The written appeal
shall specify the precise action from which the appeal is taken and
shall set forth in concise terms the reason for the appeal and any
legal authorities supporting the appeal. The appeal shall be subject
to the time limitations of § 914.1 of the MPC, 53 P.S. § 10914.1.
All appeals filed under this subsection shall be subject to the applicable
fees then in effect for zoning hearings.
4. Appeals from enforcement actions brought pursuant to §
23-805, Subsection
2, shall be in accordance with the Pennsylvania Rules of Civil Procedure.
5. The Township and developer and/or owner may voluntarily agree to use mediation as an aid in resolving any appeals arising under Subsections
1 through
3 of this section. Any such mediation shall be governed by § 908.1 of the MPC, 53 P.S. § 10908.1, with the costs of mediation being shared equally by the parties.