Township of Warminster, PA Article I Enforcement and Penalties.

§ 26-581 Right of entry.

[Ord. 705, 4/28/2011]

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 stormwater facilities or best management practices (BMPs) in regard to any aspect governed by this Part 5.

2. Landowners with stormwater facilities 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 Part 5.

3. Persons working on behalf of Warminster Township shall have the right to temporarily locate on any stormwater facility or BMP in Warminster Township such devices as are necessary to conduct monitoring and/or sampling of the discharges from such stormwater facilities or BMP.

4. Unreasonable delays in allowing Warminster Township access to a stormwater facility or BMP is a violation of this Part 5.

§ 26-582 Inspection.

[Ord. 705, 4/28/2011; as amended by Ord. No. 769, 9/8/2022]

1. Stormwater management (SWM) best management practices (BMPs) should be inspected for proper operation by the landowner, or the owner's designee (including Warminster 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; and/or

D. As specified in the operations and maintenance (O&M) agreement.

2. Inspections should be conducted during or immediately following precipitation events. A written inspection report shall be created to document each inspection. The inspection report shall contain the date and time of the inspection, the individual(s) who completed the inspection, the location of the BMP, facility or structure inspected, observations on performance, and recommendations for improving performance, if applicable. Inspection reports shall be submitted to the municipality within 30 days following completion of the inspection.

§ 26-583 Enforcement.

[Ord. 705, 4/28/2011]

All inspections regarding compliance with the stormwater management (SWM) site plan and this Part 5 shall be the responsibility of Warminster Township.

A. Whenever Warminster Township finds that a person has violated a prohibition or failed to meet a requirement of this Part 5, Warminster 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) Implementation of stormwater facilities and best management practices (BMPs); and

(7) Operation and maintenance (O&M) of stormwater facilities and BMPs.

B. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violations(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 Part 5. 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.

D. 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 § 26-506 of this Part 5.

[Added by Ord. No. 769, 9/8/2022]

§ 26-584 Suspension and revocation of permits and approvals.

[Ord. 705, 4/28/2011]

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 Part 5; 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, pollution or which endangers the life, health, or property of others.

2. A suspended permit may be reinstated by Warminster Township when:

A. Warminster Township has inspected and approved the corrections to the stormwater facilities and BMPs or the elimination of the hazard or nuisance; and

B. Warminster Township is satisfied that all applicable violations in this Part 5 have been corrected.

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 of this Part 5.

§ 26-585 Violations and penalties.

[Ord. 705, 4/28/2011]

1. Any person, firm or corporation who shall violate any provision of this Part 5 or who shall fail to comply with any written notice from Warminster Township which describes a condition of noncompliance, 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 the violation continues shall constitute a separate offense and the applicable fines are cumulative.

2. The Bucks County Court of Common Pleas, upon petition, may grant an order to stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.

3. Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than Warminster Township the right to commence any action for enforcement pursuant to this section.

§ 26-586 Appeals.

[Ord. 705, 4/28/2011]

1. An appeal from any action or decision of the Board of Supervisors concerning regulated activities specified in § 26-505 shall be made to the Bucks County Court of Common Pleas pursuant to Article X-A of the Pennsylvania Municipalities Planning Code.[1]

[1] Editor's Note: See 53 P.S. § 11001-A et seq.

2. The Board of Supervisors may hear and decide appeals pursuant to the Pennsylvania Municipalities Planning Code, Section  909.1(b)(6),[2] where it is alleged that the Building Permit/Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of this Part 5 concerning regulated activities specified in § 26-505.

[2] Editor's Note: See 53 P.S. § 10906.1(b)(6).

3. The Warminster Township Zoning Hearing Board may hear and decide pursuant to the Pennsylvania Municipalities Planning Code, Section 909.1(a)(9),[3] where it is alleged that the Building Permit/Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of this Part 5 concerning regulated activities specified in § 26-505.

[3] Editor's Note: See 53 P.S. § 10909.1(a)(9).

4. Nothing in § 26-586, Subsections 2 and 3, shall be construed to deny the appellant the right to proceed directly to the Bucks County Court of Common Pleas pursuant to the Pennsylvania Municipalities Planning Code, Section 910.1.[4]

[4] Editor's Note: See 53 P.S. § 10910.1.

5. The approval of an appeal shall not have the effect of making null and void the intent and purpose of this Part 5.