Township of New Hanover, PA Part 9 ENFORCEMENT AND PENALTIES

§ 23-901 Right-of-Entry.

[Ord. 07-07, 7/23/2007, § 901; as amended by Ord. No. 22-08, 12/1/2022]

1. Upon presentation of proper credentials, and so long as there is an easement, or other legal basis, duly authorized representatives of New Hanover Township may enter at reasonable times upon any property within New Hanover Township to inspect the implementation, condition, or operation and maintenance of the stormwater BMPs or conveyances in regard to any aspect governed by this chapter.

2. Stormwater BMP and conveyance owners and operators shall allow persons working on behalf of New Hanover Township ready access to all parts of the premises for the purposes of determining compliance with this chapter.

3. Persons working on behalf of New Hanover Township shall have the right to temporarily locate on any stormwater BMP or conveyance in New Hanover Township such devices as are necessary to conduct monitoring and/or sampling of the discharges from such stormwater BMP or conveyance.

4. Unreasonable delays in allowing New Hanover Township access to a stormwater BMP or conveyance is a violation of this chapter.

§ 23-902 Public Nuisance.

[Ord. 07-07, 7/23/2007, § 902]

1. The violation of any provision of this chapter is hereby deemed a public nuisance.

2. Each day that a violation continues shall constitute a separate violation.

§ 23-903 Enforcement Generally.

[Ord. 07-07, 7/23/2007, § 903; as amended by Ord. No. 22-08, 12/1/2022]

1. Whenever New Hanover Township finds that a person has violated a prohibition or failed to meet a requirement of this chapter, New Hanover Township may order compliance by written notice to the responsible person. Such notice may, without limitation, require the following remedies:

A. Performance of monitoring, analyses, and reporting.

B. Elimination of prohibited connections or discharges.

C. Cessation of any violating discharges, practices, or operations.

D. Abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property.

E. Payment of a fine to cover administrative and remediation costs.

F. Implementation of stormwater controls and BMPs.

G. Operation and maintenance of stormwater BMPs and conveyances.

2. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violations. 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 New Hanover Township or its designee, and the expense thereof shall be charged to the violator.

3. Failure to comply within the time specified shall also subject such person to the penalty provisions of this chapter. All such penalties shall be deemed cumulative and shall not prevent New Hanover Township from pursuing any and all other remedies available in law or equity.

§ 23-904 Suspension and Revocation of Permits and Approvals.

[Ord. 07-07, 7/23/2007, § 904]

1. Any building, land development, or other permit or approval issued by New Hanover Township maybe suspended or revoked by New Hanover Township for:

A. Noncompliance with or failure to implement any provision of the permit.

B. A violation of any provision of this chapter.

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 or approval shall be reinstated by New Hanover Township when:

A. The Municipal Engineer or the Engineer's designee has inspected and approved the corrections to the stormwater BMPs or the elimination of the hazard or nuisance.

[Amended by Ord. No. 22-08, 12/1/2022]

B. New Hanover Township is satisfied that the violation of this chapter, law, or rule and regulation has been corrected.

3. A permit or approval that has been revoked by New Hanover Township cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this chapter.

§ 23-905 Penalties.

[Ord. 07-07, 7/23/2007, § 905; as amended by Ord. 17-03, 3/27/2017]

1. Any person, firm or corporation who shall violate any provision of this part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this part continues or each section of this part which shall be found to have been violated shall constitute a separate offense.

2. In addition, New Hanover 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.

§ 23-906 Notification.

[Ord. 07-07, 7/23/2007, § 906]

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, New Hanover Township shall provide written notification of the violation. Such notification shall state 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 provisions of this chapter. All such penalties shall be deemed cumulative and shall not prevent New Hanover 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.

§ 23-907 Enforcement.

[Ord. 07-07, 7/23/2007, § 907; as amended by Ord. No. 22-08, 12/1/2022]

1. The municipal governing body is hereby authorized and directed to enforce all of the provisions of this chapter. All inspections regarding compliance with the PCSM plan shall be the responsibility of the Municipal Engineer or other qualified persons designated by New Hanover Township.

A. A set of design plans approved by New Hanover Township shall be on file at the site throughout the duration of the construction activity. Periodic inspections may be made by New Hanover Township or its designee during construction.

B. It shall be unlawful for any person, firm, or corporation to undertake any regulated activity under § 23-105 on any property except as provided for in the approved PCSM plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any control structure required by the PCSM plan pursuant to this chapter or to allow the property to remain in a condition that does not conform to the approved PCSM plan.

C. At the completion of the project and as a prerequisite for the release of the performance guarantee, the owner or the owner's representatives shall:

(1) Provide a certification of completion from a qualified professional verifying that all permanent facilities have been constructed according to the plans and specifications and approved revisions thereto. The latitude and longitude coordinates for all permanent SWM BMPs must also be submitted at the central location of the BMPs. If any qualified professionals contributed to the construction plans, then a qualified professional must sign the completion certificate.

(2) Provide a set of as-built (record) drawings of all BMPs and conveyances.

(3) If an NPDES permit for stormwater discharges associated with construction activities was required for the regulated activity, a notice of termination (NOT) approval must be obtained from the Conservation District/DEP prior to final approval of the project by New Hanover Township.

D. After receipt of the certification by New Hanover Township, a final inspection shall be conducted by the Municipal Engineer or designated representative to certify compliance with this chapter.

E. Prior to revocation or suspension of a permit and at the request of the applicant, the governing body will schedule a hearing to discuss the noncompliance if there is no immediate danger to life, public health, or property. The expense of a hearing shall be the applicant's responsibility.

F. Occupancy Permit. An occupancy permit shall not be issued unless the certification of completion pursuant to Subsection 1C(1) has been secured. The occupancy permit shall be required for each lot owner and/or applicant for all subdivisions and land developments in New Hanover Township.

§ 23-908 Appeals.

[Ord. 07-07, 7/23/2007, § 908]

1. Any person aggrieved by any action of New Hanover Township or its designee may appeal to New Hanover Township's Board of Supervisors within 30 days of that action.

2. Any person aggrieved by any decision of New Hanover Township's Board of Supervisors may appeal to the Montgomery County Court of Common Pleas within 30 days of the municipal decision.