Township of Easttown, PA
Chester County
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Table of Contents
Table of Contents

§ 388-43 Public nuisance.

A. 
Any regulated activity conducted in the violation of any provision of this chapter is hereby deemed a public nuisance.
B. 
Each day that a violation continues shall constitute a separate violation.
C. 
A separate violation will be found to exist for each section of this chapter found to have been violated.
D. 
To the extent that the Township does not enforce any provision of this chapter, such action or inaction shall not constitute a waiver by the Township of its rights of future enforcement hereunder.
[Amended 12-15-2014 by Ord. No. 424-14]

§ 388-44 Right of entry.

[Amended 12-15-2014 by Ord. No. 424-14]
A. 
Upon presentation of proper credentials, duly authorized officers or agents of the Township may enter at reasonable times upon any property within the Township to inspect the implementation, condition, or operation and maintenance of all erosion and sediment controls and permanent stormwater BMPs, conveyances, or other stormwater facilities both during and after completion of a regulated activity or for compliance with any requirement of this chapter.
B. 
Persons working on behalf of the Township shall have the right to temporarily locate on or in any BMP, conveyance or other stormwater facility in the Township such devices as are necessary to conduct monitoring and/or sampling of the discharges from such BMP or conveyance or other stormwater facilities.
C. 
Failure of the landowner or representative to grant access to the Township within 24 hours of notification, verbal or written, is a violation of this chapter. Failure to grant immediate access in the case of an emergency is a violation of this chapter.

§ 388-45 Enforcement.

A. 
The Township Engineer or other designee is hereby authorized and directed to enforce all of the provisions of this chapter. The Township Board of Supervisors may delegate enforcement duties, including the initial determination of chapter violation and service of notice, if notice is given, to such other officers or agents as the Township shall deem qualified for that purpose.
[Amended 12-15-2014 by Ord. No. 424-14]
B. 
It shall be the responsibility of the landowner of the real property on which any regulated activity is proposed to occur, is occurring, or has occurred to comply with the applicable terms and conditions of this chapter.
C. 
All Township inspections for compliance with the approved SWM site plan shall be the responsibility of the Township or its designee.
[Amended 12-15-2014 by Ord. No. 424-14]
D. 
During any stage of the work of any regulated activity, if the Township Engineer or other designee determines that the erosion and sediment control measures, permanent BMPs, conveyances or other stormwater facilities are not being installed or maintained in accordance with the approved SWM site plan, the Township may suspend or revoke any existing permits or other approvals until the deficiencies are corrected or until a revised SWM site plan is submitted and approved, if and as determined to be necessary by the Township Engineer or other designee.
[Amended 12-15-2014 by Ord. No. 424-14]
E. 
In the event that the Township Engineer or other designee finds that a person has violated a provision of this chapter or fails to conform to the requirements of any permit or approval issued by the Township or any O&M plan or O&M agreement approved by the Township, the Township may order compliance by written notice of the violation to the landowner.
[Amended 12-15-2014 by Ord. No. 424-14]
F. 
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 and/or forfeiture of financial security;
(6) 
Implementation of stormwater controls, BMPs, and conveyances; and
(7) 
Operation, maintenance or repair of BMPs, conveyances or other stormwater facilities.
G. 
Such notice shall set forth the nature of the violation(s), citing to specific sections of this chapter which have not been met, and establish a time limit for commencement of correction and completion of correction of the violation(s). The notice shall provide for a right of the landowner's appeal to the Township Board of Supervisors in accordance with § 388-48 of this chapter. Said notice shall further advise that, if applicable, should the violator fail to take the required action within the established deadline, possible sanctions, clearly described, may be imposed, or the work may be done by the Township or designee, and the expense thereof shall be charged to the violator.
[Amended 12-15-2014 by Ord. No. 424-14]
H. 
Failure to comply within the time specified in such notice shall also subject such person to the penalty provisions of this chapter. All such penalties shall be deemed cumulative and shall not prevent the Township from pursuing any and all other remedies available in law or equity.
[Amended 12-15-2014 by Ord. No. 424-14]

§ 388-46 Suspension and revocation of permits and approvals.

[Amended 12-15-2014 by Ord. No. 424-14]
A. 
Any building, land development, or other permit or approval issued by the Township may be suspended or revoked by the Township for:
(1) 
Noncompliance with or failure to implement any provision of the permit or approved SWM site plan or O&M agreement;
(2) 
A violation of any provision of this chapter or any other law or regulation applicable to the regulated activity;
(3) 
The creation of any condition or the commission of any act during the regulated activity that constitutes or creates a hazard or nuisance or endangers the life, health, safety, or property of others; or
(4) 
Failure to correct a violation within the allowed time period per notice given by the municipality.
B. 
Prior to revocation or suspension of a permit, unless there is immediate danger or threat of such danger to life, public health or property, at the request of the applicant, the Township's Board of Supervisors shall schedule a hearing on the violation and proposed revocation or suspension, pursuant to public notice. The expense of a hearing shall be the applicant's responsibility.
C. 
A suspended permit or approval may be reinstated by the Township when:
(1) 
The Township Engineer or other designee has inspected and approved the corrections to the BMPs, conveyances or other stormwater facilities, or the elimination of the hazard or nuisance; and
(2) 
The Township is satisfied that the violation has been corrected.
D. 
A permit or approval that has been revoked by the Township cannot be reinstated. The applicant may apply for a new permit or approval in accordance with this chapter.

§ 388-47 Violations and penalties; additional remedies.

A. 
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution, including reasonable attorneys' fees. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
[Amended 6-2-2014 by Ord. No. 422-14]
B. 
In addition, the Township may, through its Solicitor, 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 legal or equitable forms of remedy or relief. Such relief may include costs, fees, and charges, including the Township Solicitor's fees (charged at the hourly rate approved by the Township Board of Supervisors) and costs, as may be permitted by law.
[Amended 12-15-2014 by Ord. No. 424-14]
C. 
Notwithstanding any other provision of this chapter, the Township shall have the right at any or all times deemed necessary by the Township Engineer or designee to enter upon any property within the Township to inspect and, upon determination of a violation of this chapter, to correct the violation, with all expenses associated with correcting the violation to be charged to the property owner responsible for the violation.
[Amended 12-15-2014 by Ord. No. 424-14]

§ 388-48 Appeals.

[Amended 12-15-2014 by Ord. No. 424-14]
A. 
Any person aggrieved by any action of the Township Engineer or other designee relative to the provisions of this chapter may appeal to the Township Board of Supervisors within 30 days of that action.
B. 
Any person aggrieved by any decision of the Township Board of Supervisors relative to the provisions of this chapter may appeal to the County Court of Common Pleas in the county where the activity has taken place within 30 days of the Township's decision.