[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:
[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:
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.
