[Ord. 737, 1/19/2017]
1.
The Department of Licenses and Inspections, or its duly authorized
agents, shall deny a permit where, in its opinion, the work as proposed
by the applicant may endanger any property or any street or alley
or fails to meet Township standards. In determining whether the proposed
work is likely to endanger any property, streets, alleys, or create
hazardous conditions, the Department of Licenses and Inspections,
or its duly authorized agents, shall give due consideration to:
[Ord. 737, 1/19/2017]
Every permit shall expire by limitation and become null and
void if the work authorized by such permit has not been commenced
within six months or is not completed within two years from the date
of issue. The Department of Licenses and Inspections, or its duly
authorized agents, may grant reasonable extensions of time, provided
the application for extension of time is made before the date of expiration
of the permit, if the permit holder presents satisfactory evidence
that unusual difficulties have prevented work from being started or
completed within the specified time limits.
[Ord. 737, 1/19/2017]
1.
The Department of Licenses and Inspections, or its duly authorized
agents, shall inspect and enforce compliance of all features, facilities,
activities, materials and methods associated with erosion and sediment
control measures and stormwater management control measures as deemed
appropriate by Warminster Township.
2.
The Department of Licenses and Inspections, or its duly authorized
agents, shall inspect all phases of regulated activities of the qualified
site, including, but not limited to:
A.
Installation and maintenance of temporary erosion control measures
and BMPs.
B.
Commencement and completion of preliminary site preparation, including
stripping of vegetation, stockpiling of topsoil, and construction
of temporary erosion control facilities.
C.
Completion of rough grading, but prior to placing topsoil and ground
covers.
D.
Establishment of ground covers and plantings.
E.
Upon completion of any final grading, vegetative control measures
or other site restoration work done in accordance with the approved
erosion and sediment control plan, stormwater management control plan,
and permit.
3.
No work shall begin on a subsequent stage until the preceding stage
has been inspected and/or approved by the Department of Licenses and
Inspections or its duly authorized agents.
4.
It is the responsibility of the applicant to notify the Department
of Licenses and Inspections, or its duly authorized agents, 48 hours
in advance of the completion of each phase of earth disturbance activity.
5.
During any stage of the work, if Warminster Township determines that
the features, facilities, activities, materials and methods associated
with erosion and sediment control measures and stormwater management
control measures are not being installed in accordance with the approved
permit, Warminster Township shall revoke any existing permits or other
approvals and issue a cease and desist order until a revised permit
is submitted and approved, as specified in this chapter and until
the deficiencies are corrected.
6.
Any portion of the work which does not comply with the approved permit
must be corrected by the applicant within 10 days. No work may proceed
on any subsequent phase of the earth disturbance activity until the
required corrections have been made.
7.
If, at any stage of the work, the Department of Licenses and Inspections,
or its duly authorized agents, determines that the soil or other conditions
are not as stated or shown in the approved application, the same may
refuse to approve further work, and the Township may revoke existing
permits until a revised permit is submitted and approved, as required
by this chapter. If the revised permit cannot remedy the situation,
Warminster Township reserves the right to cancel its approval and
halt all work except for that work required to eliminate the activity,
stabilize the site, and return the site to pre-activity conditions
as much as is reasonably possible.
8.
If the Department of Licenses and Inspections, or its duly authorized
agents, discovers that the facilities or measures installed may be
in violation of Chapter 102, Erosion and Sediment Control, of the
Pennsylvania Code (the Clean Streams Law[1] provisions), the Department of Licenses and Inspections,
or its duly authorized agents, will refer these violations to the
Bucks County Conservation District.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
[Ord. 737, 1/19/2017]
1.
Fees shall
be established by Warminster Township to cover plan review and construction
inspection costs incurred by Warminster Township. Permit fees will
be calculated by the Department of Licenses and Inspections or its
duly authorized agents. All fees shall be paid by the applicant at
the time of permit submission. No permit to begin any work on the
project shall be issued until the permit, including the erosion and
sediment control plan and stormwater management control plan, is approved
and requisite fees have been paid.
2.
The applicant
is responsible for all fees associated with the review and approval
of the permit and inspection of the work during construction, including
fees from the Township Engineer and/or any other professional consultant
the Township may require. Involvement of the Township Engineer shall
be at the discretion of the Department of Licenses and Inspections
or its duly authorized agents.
3.
A review and inspection fee schedule shall be established by resolution of the Board of Supervisors based on the area of the earth disturbance activity, costs for reviewing erosion and sediment control and stormwater management control plans, and costs for conducting inspections pursuant to § 19-503. Warminster Township shall periodically update the fee schedule to ensure that review and inspection costs are adequately reimbursed.
[Ord. 737, 1/19/2017]
1.
Upon presentation of proper credentials, duly authorized representatives
of Warminster Township may enter at reasonable times upon any property
within Warminster Township to investigate the implementation, condition,
or operation and maintenance of the erosion and sediment control measures
or best management practices (BMPs) in regard to any aspect governed
by this chapter.
2.
Landowners with erosion and sediment control measures and BMPs on
their property shall allow persons working on behalf of Warminster
Township ready access to all parts of the premises for the purposes
of determining compliance with this chapter.
3.
Unreasonable delays in allowing Warminster Township access to erosion
and sediment control measures or BMPs is a violation of this chapter.
[Ord. 737, 1/19/2017]
The Department of Licenses and Inspections, or its duly authorized
agents, is charged with the duty of enforcing the provisions of this
chapter.
A.
Whenever Warminster Township finds that a person has violated a prohibition
or failed to meet a requirement of this chapter, the Department of
Licenses and Inspections, or its duly authorized agents, 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)
Cessation of any violating practices or operations;
(3)
Abatement or remediation of erosion and sediment pollution or
contamination hazards and the restoration of any affected property;
(4)
Payment of a fine to cover administrative and remediation costs;
(5)
Implementation of erosion and sediment control measures and
best management practices (BMPs); and
(6)
Operation and maintenance of erosion and sediment control measures
and BMPs.
B.
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 will be done by Warminster Township, and the expense may
be charged to the violator.
C.
Failure to comply within the time specified may subject a violator
to the penalty provisions of this chapter. All such penalties shall
be deemed cumulative and shall not prevent Warminster Township from
pursuing any and all other remedies available in law or equity.
[Ord. 737, 1/19/2017]
1.
Any building, land development, or other permit or approval issued
by Warminster Township may be suspended or revoked, in whole or in
part, by Warminster Township for:
A.
Noncompliance with or failure to implement any provision of the permit;
B.
A violation of any provision of this chapter; or
C.
The creation of any condition or the commission of any act during
construction or development which constitutes or creates a hazard
or nuisance or pollution or which endangers the life, health, or property
of others.
2.
A suspended permit may be reinstated by Warminster Township when:
3.
Any permit or approval that has been revoked by Warminster Township
cannot be reinstated. The applicant may apply for a new permit under
the procedures outlined in this chapter.
[Ord. 737, 1/19/2017]
Any person, partnership, firm or corporation who shall violate
any provision of this chapter, upon conviction thereof in an action
brought before a Magisterial District Judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000, plus costs, and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days. Each day that
a violation of this chapter continues or each section of this chapter
which shall be found to have been violated shall constitute a separate
offense.
[Ord. 737, 1/19/2017]
Any person aggrieved by any action of the Township or its designee,
relevant to the provisions of this chapter, may appeal to the relevant
judicial or administrative body according to law within the time period
allowed.
