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 controls or BMPs in regard to any
aspect governed by this chapter.
B.
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.
C.
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.
D.
Unreasonable delays in allowing the Township access to a stormwater
control or BMP is a violation of this article.
A.
This chapter shall be enforced by the Township Code Enforcement Office
or by any persons or agency designated by the Board of Supervisors
from time to time.
B.
Whenever the Township finds that a person has violated any provision
of this chapter or engaged in or suffered any act or omission that
is prohibited by 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)
Reimbursement of all costs incurred by the Township in connection
with the violation and its remediation or attempted remediation;
(7)
Implementation of stormwater controls and BMPs; and
(8)
Operation and maintenance of stormwater controls and BMPs.
C.
Such notification shall set forth the nature of the violation(s)
and establish a time limit for correction of these violation(s). Said
notice may further advise that, if applicable, should the violator
fail to take the required action within the established deadline,
the work may be done by the Township or its designee and that the
expense thereof shall be charged to the violator.
D.
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 the Township from
pursuing any and all other remedies available in law or equity.
E.
Any and all costs and fees incurred by the Township in addressing,
inspecting, remedying, prosecuting and otherwise in connection with
a violation, including fees of the Township Solicitor and Township
Engineer, may be assessed against the property owner and, if not paid,
shall constitute a lien on the subject property.
A.
Any building, land development or other permit or approval issued
by the Township may be suspended or revoked by the Township for:
(1)
Noncompliance with or failure to implement any provision of
the permit;
(2)
A violation of any provision of this chapter; or
(3)
The creation of any condition or of any act during construction
or development which constitutes or creates a hazard or nuisance,
pollution or which endangers the life, health or property of others.
B.
A suspended permit or approval shall be reinstated by the Township
when:
C.
A permit or approval that has been revoked by the Township cannot
be reinstated. The applicant may apply for a new permit under the
procedures outlined in this chapter.
A.
Any person violating the provisions of this chapter shall be subject
to a fine of not less than $500 or more than $1,000 for each violation,
recoverable with costs. Each day that the violation continues shall
constitute a separate offense, and the applicable fines are cumulative.
B.
In addition, the Township, 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.
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 state the nature of the
violation(s) and establish a time limit for 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 shall 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.
The Township Code Enforcement Office 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.
A.
A set of design plans approved by the Township shall be on file at
the site throughout the duration of the construction activity. Periodic
inspections may be made by the Township, Township Engineer or designee
during construction.
B.
Adherence to approved plan. It shall be unlawful for any person, firm or corporation to undertake any regulated activity under § 430-301 on any property except as provided for in the approved drainage plan and pursuant to the applicable 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.
C.
At the completion of the project, and as a prerequisite for the release
of the performance guarantee, the owner or his representatives shall:
D.
After receipt of the certification by the Township, a final inspection
shall be conducted by the Township Engineer or designated representative
to certify compliance with this chapter.
E.
An occupancy permit shall not be issued unless the certification of completion pursuant to Subsection C(1) has been secured and all other applicable provisions of this chapter have been satisfied. The occupancy permit shall be required for each lot owner and/or applicant for all subdivisions and land development in the Township.
A.
Any person aggrieved by any action of the Township or its designee
may appeal to the Township Board of Supervisors within 30 days of
that action.
B.
Any person aggrieved by any decision of the Township Board of Supervisors
may appeal to the County Court of Common Pleas in the county where
the activity has taken place within 30 days of the Township decision.
