[Ord. 2014-03, 9/8/2014]
1.
Upon presentation of proper credentials, 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 BMPs or to investigate
or ascertain the condition of the subject property in regard to any
aspect regulated by this chapter. Notwithstanding the foregoing, in
the event of an emergency, duly authorized representatives of the
Township are hereby authorized to enter onto any property at any time
to inspect the implementation, condition or operation and maintenance
of the stormwater BMPs or to investigate or ascertain the condition
of the subject property in regard to any aspect regulated by this
chapter.
2.
BMP owners and operators 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 BMP in the municipality such devises
as are necessary to conduct monitoring and/or sampling of the discharges
from such BMPs.
4.
Unreasonable delays in allowing the municipality access to a BMP
is a violation of this article.
5.
In the event that the landowner refuses admission to the property,
duly authorized representatives of the municipality may seek an administrative
search warrant issued by a Magisterial District Judge to gain access
to the property.
[Ord. 2014-03, 9/8/2014]
1.
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 require, without limitation:
A.
The name of the owner of record and any other person against whom
the municipality intends to take action.
B.
The location of the property in violation.
C.
The performance of monitoring, analyses and reporting.
D.
The elimination of prohibited connections or discharges.
E.
Cessation of any violating discharges, practices or operations.
F.
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property.
G.
Payment of a fine to cover administrative and remediation costs.
H.
The implementation of stormwater BMPs
I.
Operation and maintenance of stormwater BMPs
2.
Such notification shall set forth the nature of the violation(s)
and establish a time limit for correction of the violation(s). Said
notice may further advise that should the violator fail to take the
required action within the established deadline, the work will be
done by the municipality or designee and the expense thereof, together
with all related lien and enforcement fees, charges and expenses,
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 the municipality
from pursuing any and all other remedies available in law or equity.
[Ord. 2014-03, 9/8/2014]
1.
All inspections regarding compliance with the drainage plan shall
be the responsibility of the Township Engineer or other qualified
persons designated by the Township as directed by the Board of Supervisors.
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 § 23-105 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 which 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:
(1)
Provide a certification of completion from a professional engineer
licensed by and in good standing with the Commonwealth of Pennsylvania
verifying that all permanent facilities have been constructed according
to the plans and specifications and approved revisions thereto.
(2)
Provide an electronic copy, and two paper prints of as-built
drawings for review by the Township Engineer or other designated official
selected by the Township to determine that the permanent facilities
have been constructed according to the plans and specifications.
D.
After receipt of the certification by the Township, a final inspection
shall be conducted by the Township Engineer or other designated official
selected by the Township to confirm construction is consistent with
the approved drainage plan.
E.
Prior to revocation or suspension of a permit, the Board of Supervisors
shall provide notice of the noncompliance and an opportunity for the
violating party to cure the noncompliance if there is no immediate
danger to life, public health or property. In the event that the Township
determines the violations to be of an emergency nature, no opportunity
to cure is required prior to the Township exercising those remedies
available to it.
F.
Suspension and revocation of permits. Among the other remedies available to the Township, the Township may suspend and/or revoke permits as set forth in § 23-905 of this chapter.
G.
Occupancy Permit. An occupancy permit shall not be issued unless
the stormwater management facilities approved for the lot have been
installed and found satisfactory to the Township Engineer. The occupancy
permit shall be required for each lot owner and/or developer for all
subdivisions and land developments in the Township.
[Ord. 2014-03, 9/8/2014]
[Ord. 2014-03, 9/8/2014]
1.
Any building, land development or other permit or approval issued
by the municipality may be suspended or revoked 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.
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.
2.
A suspended permit or approval shall be reinstated by the municipality
when:
A.
The municipality or designee has inspected and approved the corrections
to the stormwater BMPs or the elimination of the hazard or nuisance.
B.
The municipality is satisfied that the violation of the ordinance,
law or rule and regulation has been corrected.
C.
Payment of all municipal fees, costs and expenses related to or arising
from the violation has been made.
3.
A permit or approval which has been revoked by the municipality cannot
be reinstated. The applicant must apply for a new permit under the
procedures outlined in this chapter.
[Ord. 2014-03, 9/8/2014]
1.
Any person, partnership, corporation or other entity who or which
has violated the provisions of this chapter shall, upon being found
liable therefor in a civil enforcement proceeding commenced by a municipality,
pay a judgment of not more than $500 plus all court costs, including
reasonable attorneys' fees and experts' fees incurred by
the municipality as a result thereof. If the defendant neither pays
nor timely appeals the judgment, the municipality may enforce the
judgment pursuant to the applicable rules of civil procedure. Each
day or portion thereof that a violation continues shall constitute
a separate violation.
2.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the municipality the right
to commence any action for enforcement pursuant to this section.
3.
The municipality, 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.
