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.
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:
A.
Annually.
B.
During or immediately after the cessation of a ten-year-or-greater
storm, i.e., a storm of an estimated frequency of recurrence of 10
years or greater interval of time.
C.
A report of all inspections shall be submitted to the Township annually.
All inspection records shall be maintained by the landowner and shall
be made available to the Township upon written request.
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 violation(s) 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.
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 § 113-13.
B.
It shall be unlawful to violate any section of this chapter.
C.
Inspections regarding compliance with the SWM site plan are a responsibility
of the Township.
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.
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.
A.
Anyone violating the provisions of this chapter shall be guilty of
a summary offense, and, upon conviction, shall be subject to a fine
of not more than $1,000 for each violation, recoverable with costs.
Each day that the violation continues shall be a separate offense.
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.
A.
Any person aggrieved by any action of the Township or its designee,
relevant to the provisions of this chapter, may appeal to the Township
within 30 days of that action.
B.
Any person aggrieved by any decision 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 Township's decision.
