Upon presentation of proper credentials, the municipality may
enter at reasonable times upon any property within the municipality
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 municipality for dedicated and owned facilities, according
to the following list of minimum frequencies:
During or immediately after the cessation of a ten-year or greater
storm, i.e., a storm of an estimated frequency of recurrence often
10 years' or greater interval of time.
If the Township determines at any time that any permanent stormwater
management facility has been eliminated, altered or improperly maintained
the owner of the property shall be advised of corrective measures
required and given a reasonable period of time to take necessary action.
If such action is not taken by the property owner, the Township may
cause the work to be done and a lien for costs of such work be placed
against the property in accordance with the requirements of the Municipal
Lien Law.
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 § 281-11.
Whenever the municipality finds that a person has violated a prohibition
or failed to meet a requirement of this article, the municipality
may order compliance by written notice to the responsible person.
Such notice may require without limitation:
Failure to comply within the time specified in the notice shall also
subject such person to the penalty provisions of this article. All
such penalties shall be deemed cumulative and shall not prevent the
municipality from pursuing any and all other remedies available in
law or equity.
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.
An approval that has been revoked by the municipality cannot be reinstated.
The applicant may apply for a new approval under the provisions of
this chapter.
If a violation causes no immediate danger to life, public health,
or property, at its sole discretion, the municipality may provide
a limited time period for the owner to correct the violation. In these
cases, the municipality 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 municipality may
revoke or suspend any, or all, applicable approvals and permits pertaining
to any provision of this chapter.
Any person, partnership or corporation who or which has violated
the provisions of this chapter shall, upon being found liable therefore
in a summary enforcement proceeding commenced by the municipality,
pay a judgment of not more than $1,000, plus costs of suit, and in
default of the payment of such fine shall be subject to imprisonment
pursuant to the Pennsylvania Rules of Criminal Procedure for summary
offenses. Each day that a violation continues shall be deemed a separate
violation and each section of this chapter which is found to have
been violated shall be deemed a separate violation.
The municipality 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.