Township of Penn, PA Article VIII Enforcement and Penalties

§ 268-30 Right to inspect.

Upon presentation of proper credentials, the Township Engineer 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.

§ 268-31 Inspection.

A. The Township Engineer shall inspect phases of the installation of the permanent stormwater management facilities as deemed appropriate by the Township Engineer. It is the responsibility of the permittee to notify the Township Engineer 48 hours in advance of the beginning of construction of stormwater management facilities.

B. During any stage of the work, if the Township Engineer determines that the permanent stormwater management facilities are not being installed in accordance with the approved stormwater management site plan, the Township shall revoke any existing approvals issued under this chapter until a revised stormwater management site plan is submitted and approved, as specified in this chapter.

C. 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:

(1) Annually for the first five years.

(2) Once every three years thereafter.

(3) 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.

§ 268-32 Notification.

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 violations 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 does 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.

§ 268-33 Enforcement.

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 § 268-11.

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.

§ 268-34 Suspension and revocation.

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.

B. A suspended approval shall be reinstated by the Township when:

(1) The Township Engineer has inspected and approved the corrections to the violations that caused the suspension.

(2) The Township Engineer is satisfied that the violation has been corrected.

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, the Township may provide a limited time period for the owner to correct the violation. In these cases, the Township Engineer 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.

§ 268-35 Violations and penalties.

Any person, partnership or corporation who or which has violated the provisions of this chapter shall be subject to the penalties as prescribed in Chapter 1, Article II, of the Penn Township Code.

§ 268-36 Appeals.

A. Any person aggrieved by any action of the Township Engineer under this chapter may appeal to the Penn Township Board of Commissioners within 30 days of that action by filing a written notice of appeal with the Township Manager.

B. Any person aggrieved by any decision of the Penn Township Board of Commissioners, relevant to the provisions of this chapter, may appeal to the York County Court of Common Pleas within 30 days of the Board's decision.