Township of Lower Southampton, PA
Bucks County
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Table of Contents
Table of Contents
[Ord. 550, 6/8/2011]
1. 
Upon presentation of proper credentials and permission of property owner or tenant, or a search warrant, duly authorized representatives of the municipality may enter at reasonable times upon any property within the municipality to inspect the implementation, condition or operation and maintenance of the stormwater facilities or best management practices (BMPs) in regard to any aspect governed by this chapter.
2. 
Landowners with stormwater facilities and BMPs on their property shall allow persons working on behalf of the municipality ready access to all parts of the premises for the purposes of determining compliance with this chapter.
3. 
Persons working on behalf of the municipality shall have the right to temporarily locate on any stormwater facility or BMP in the municipality such devices as are necessary to conduct monitoring and/or sampling of the discharges from such stormwater facilities or BMP.
[Ord. 550, 6/8/2011]
Stormwater management (SWM) best management practices (BMPs) should be inspected for proper operation by the landowner, or the owner's designee (including the municipality 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.
D. 
As specified in the operations and maintenance (O&M) agreement.
[Ord. 550, 6/8/2011]
All inspections regarding compliance with the stormwater management (SWM) site plan and this chapter shall be the responsibility of the municipality.
A. 
Whenever the municipality finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the municipality 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).
(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 violation(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 the municipality, 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 chapter. 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.
[Ord. 550, 6/8/2011]
1. 
Any building, land development or other permit or approval issued by the municipality may be suspended or revoked, in whole or in part, by the municipality for:
A. 
Noncompliance with or failure to implement any provision of the permit;
B. 
A violation of any provision of this chapter; 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 the municipality when:
A. 
The municipality has inspected and approved the corrections to the stormwater facilities and BMPs or the elimination of the hazard or nuisance; and
B. 
The municipality is satisfied that all applicable violations in this chapter have been corrected.
3. 
Any permit or approval that has been revoked by the municipality cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this chapter.
[Ord. 550, 6/8/2011]
1. 
Any person violating the provisions of this chapter shall be guilty of a summary offense and, upon conviction, shall be subject to a fine of not more than $1,000 for each violation, recoverable with costs, or imprisonment of not more than 30 days, or both. Each day that the violation continues shall be a separate offense.
2. 
In addition, 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.
[Ord. 550, 6/8/2011]
1. 
Any person aggrieved by any action of Lower Southampton Township or its designee may appeal to the Board of Supervisors of Lower Southampton Township within 30 days of that action. The Board of Supervisors of Lower Southampton Township shall, within 30 days of receipt of an appeal, schedule a hearing to consider the appeal. The proceeding shall be governed by the Pennsylvania Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. §§ 551 et seq. and 751 et seq.
2. 
Any person aggrieved by any decision of the Board of Supervisors of Lower Southampton Township may appeal to the County Court of Common Pleas of Bucks County within 30 days of the Township's decision.
3. 
Any provision of the Code of Ordinances of Lower Southampton Township inconsistent with the provisions of this chapter is hereby repealed to the extent of inconsistency. All provisions of the Code of Ordinances of Lower Southampton Township, Bucks County, Pennsylvania, unaffected by this chapter are declared to be in full force and effect.
4. 
The provisions of this chapter are declared to be severable. If any of the provisions of this chapter are declared by a court of competent jurisdiction to be invalid or unconstitutional, such determination shall have no effect on the remaining provisions of this chapter or on the provisions of the Code of Ordinances of Lower Southampton Township, Bucks County, Pennsylvania.