Upon presentation of proper credentials, duly authorized representatives
of 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.
A.
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. The notice will direct the responsible party to
comply with all the terms of this chapter within seven days, or such
additional period, not to exceed 30 days, as the designated Township
representative shall deem reasonable. In addition, the designated
Township representative shall give notice to the owner, applicant,
developer, property manager or other person responsible for the property
or the violation that if the violation is not corrected, the Township
may correct the same and charge the landowner or other person responsible
the cost thereof plus penalties as specified herein for failure to
comply.
B.
Such notice may be delivered by the United States mail, first class,
postage prepaid, or by certified or registered mail; or by personal
service; or if the property is occupied, by posting the notice at
a conspicuous place upon the affected property.
C.
Such notification shall set forth the nature of the violation(s)
and establish a time limit for correction of these violation(s). Failure
to comply within the time specified shall subject such person to the
penalty provision of this chapter. All such penalties shall be deemed
cumulative and resort by the Township from pursuing any and all other
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.
The Township is hereby authorized and directed to enforce all
of the provisions of this chapter. All inspections regarding compliance
with the drainage plan shall be the responsibility of the Township
Engineer or other qualified persons designated by the Township.
A.
A set of design plans approved by the Township shall be on file at
the site throughout the duration of the construction activity. Periodic
inspections may be made by the Township or designee during construction.
B.
Adherence to approved plan. It shall be unlawful for any person, firm or corporation to undertake any regulated activity under § 173-104 on any property except as provided for in the approved drainage plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any control structure required by the drainage plan pursuant to this chapter or to allow the property to remain in a condition that does not conform to the approved drainage plan.
C.
At the completion of the project, and as a prerequisite for the release
of the performance guarantee, the owner or his representatives shall:
D.
After receipt of the certification by the Township, a final inspection
shall be conducted by the governing body or its designee to certify
compliance with this chapter.
E.
Prior to revocation or suspension of a permit, the governing body
will schedule a hearing to discuss the noncompliance if there is no
immediate danger to life, public health or property.
F.
Suspension and revocation of permits.
(1)
Any permit issued under this chapter may be suspended or revoked
by the governing body for:
(a)
Noncompliance with or failure to implement any provision of
the permit.
(b)
A violation of any provision of this chapter or any other applicable
law, ordinance, rule or regulation relating to the project.
(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 or property of
others, or as outlined in Article IX of this chapter.
(2)
A suspended permit shall be reinstated by the governing body
when:
(a)
The Township Engineer or his designee has inspected and approved
the corrections to the stormwater management and erosion and sediment
pollution control measure(s), or the elimination of the hazard or
nuisance;
(b)
The governing body is satisfied that the violation of the ordinance,
law, or rule and regulation has been corrected.
(3)
A permit that has been revoked by the governing body cannot
be reinstated. The applicant may apply for a new permit under the
procedures outlined in this chapter.
G.
Occupancy permit.
An occupancy permit shall not be issued unless the certification
of compliance pursuant to Section 902.D has been secured. The occupancy
permit shall be required for each lot owner and/or developer for all
subdivisions and land development in the Township.
A.
Anyone violating the provisions of this chapter shall be guilty of
a misdemeanor, and upon conviction shall be subject to a fine of not
more than $200 for each violation and recoverable with costs. Each
day that the violation continues shall be a separate offense.
B.
In addition, the Township, through its solicitor, 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.
C.
The cost of removal, fine and penalties hereinabove mentioned may
be entered by the Township as a lien against such property, or properties
of individual members of a property owners' association, in accordance
with the existing provisions of the law.
A.
Any person aggrieved by any action of the Township or its designee,
relevant to the provisions of this chapter, may appeal to the Township
Zoning Hearing Board within 30 days of that action.
B.
Any person aggrieved by any decision of the Township Zoning Hearing
Board, 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 Zoning Hearing Board's decision.
