Township of Shrewsbury, PA Part 9 ENFORCEMENT AND PENALTIES

§ 25-901 Right-of-Entry.

[Ord. 2011-09, 9/7/2011, § 901]

Upon presentation of proper credentials, the Township 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.

§ 25-902 Inspection.

[Ord. 2011-09, 9/7/2011, § 902]

SWM BMPs should 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:

A. Annually.

B. During or immediately after the cessation of a ten year or greater storm.

C. A report of all inspections shall be submitted to the Township annually.

D. All inspection records shall be maintained by the landowner and shall be made available to the Township upon written request.

§ 25-903 Notification.

[Ord. 2011-09, 9/7/2011, § 903]

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.

§ 25-904 Enforcement.

[Ord. 2011-09, 9/7/2011, § 904]

1. 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 § 25-302.

2. It shall be unlawful to violate any provision of this Chapter.

3. Inspections regarding compliance with the SWM site plan are a responsibility of the Township.

§ 25-905 Suspension and Revocation.

[Ord. 2011-09, 9/7/2011, § 905]

1. Any approval or permit issued by the Township pursuant to this Chapter may be suspended or revoked for:

A. Noncompliance with or failure to implement any provision of the approved SWM site plan or O&M Agreement.

B. A violation of any provision of this Chapter or any other applicable law, ordinance, rule, or regulation relating to the regulated activity.

C. 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.

2. A suspended approval may be reinstated by the Township when:

A. The Township has inspected and approved the corrections to the violations that caused the suspension.

B. The Township is satisfied that the violation has been corrected.

3. 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.

4. If a violation causes no immediate danger to life, public health, or property, at its sole discretion, the Township may provide a limited time period for the owner to correct the violation. In these cases, the Township 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.

§ 25-906 Penalties.

[Ord. 2011-09, 9/7/2011, § 906]

1. Any person, partnership, or corporation who or which has violated the provisions of this Chapter shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $1,000 per violation. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violations, unless the district justice determining that there has been a violation further determines that there has been a good faith basis for the person, partnership or corporation violating the Chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation. The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.

2. The Township 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.

§ 25-907 Appeals.

[Ord. 2011-09, 9/7/2011, § 907]

1. Any person aggrieved by any action of the Township or its designee, relevant to the provisions of this Chapter, may appeal to the Board of Supervisors within 30 days of that action. The Local Agency Law shall govern an appeal to the Board of Supervisors.

2. Any person aggrieved by any decision of the Board of Supervisors, relevant 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.