[Ord. 2010-10, 10/4/2010, § 801]
1. 
The provisions of this chapter are the minimum standards for the protection of the public welfare.
2. 
In order to permit the reasonable utilization of property, the Board of Supervisors, upon obtaining the comments and recommendations of the Township Engineer, may grant a modification of the requirements of one or more provisions of this chapter if literal compliance will result in undue hardship, or be unreasonable, as it is applied to a particular property, or if the applicant establishes to the satisfaction of the Board of Supervisors that an alternative proposal will allow for equal or better results, provided that such modification will not be contrary to the public interest and fulfills the purpose and intent of this chapter.
3. 
The applicant shall make all requests for waivers in writing and include such requests as a part of the application for development. The applicant shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the ordinance involved, and the minimum waiver necessary. The applicant shall state how the requested waiver and applicant's proposal shall result in an equal or better means of complying with the intent of this chapter as stated in Part 1.
4. 
The Board of Supervisors shall keep a written record of all action on all waiver requests.
5. 
In granting waivers, the Board of Supervisors may impose conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so modified.
6. 
The applicant shall address all of the following in its application for a waiver:
A. 
Are there existing stormwater problems on downstream properties or at streets? The applicant shall demonstrate that the requested waiver shall improve, or not make worse, any such problems.
B. 
Will the increased peak flows and/or volume of runoff create a problem to downstream properties or streets? Examples of problems may include, but are not limited to:
(1) 
Increased flooding or ponding on off-site properties or roadways.
(2) 
Potential icing conditions.
(3) 
Erosive conditions due to increased peak flows or volume.
(4) 
Decreased water quality.
(5) 
Proposed concentrated flows.
(6) 
Increased one-hundred-year floodplain levels.
C. 
Is runoff being diverted to a different watershed to accomplish the goal of no or minimal increase of peak flow from the site?
[Ord. 2010-10, 10/4/2010, § 802]
The Board of Supervisors may, from time to time, amend this chapter by appropriate action taken at a scheduled public meeting. Amendments to the chapter shall be advertised and enacted in accordance with the Second Class Township Code, 53 P.S. § 65101 et seq.
[Ord. 2010-10, 10/4/2010, § 803]
1. 
It shall be a violation of this chapter to commit or permit any other person to commit any of the following acts:
A. 
To commence regulated activities prior to obtaining unconditional approval of a drainage plan or in violation of the terms or conditions of a drainage plan approved under this chapter.
B. 
To install, repair, modify or alter stormwater management facilities prior to obtaining approvals under this chapter, or, in a manner which violates the terms and conditions of any approval issued under this chapter.
C. 
To misuse or fail to maintain any stormwater management facility installed upon a property.
D. 
To construct any improvements upon, grade, fill or take any other action which will impair the proper functioning of any stormwater management facility.
E. 
To place false information on, or, omit relevant information from an application for approval under this chapter.
F. 
To fail to comply with any other provisions of this chapter.
[Ord. 2010-10, 10/4/2010, § 804; as amended by A.O.]
1. 
For each violation of the provisions of this chapter, the owner, agent, lessee, or contractor or any other person who commits, takes part in, or assists in any such violation shall be liable 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 less than $200 nor 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. 
The Township may also institute suits to restrain, prevent, or abate a violation of this chapter in equity or at law. Such proceedings in equity or at law may be initiated before any court of competent jurisdiction. In cases of emergency where, in the opinion of the court, the circumstances of the case require immediate abatement of the unlawful conduct, the court may, in its decree, fix a reasonable time during which the person responsible for the unlawful conduct shall correct or abate the same. The expense of such proceedings shall be recoverable from the violator in such manner as may now or hereafter be provided by law.
[Ord. 2010-10, 10/4/2010, § 805]
1. 
Any activity conducted pursuant to a drainage plan approved by Township shall be performed in strict compliance with the provisions of the plan. Violations shall be treated in the following manner:
A. 
Any noncompliance with the provisions of the drainage plan that is identified by the Township Engineer, the Code Enforcement Officer or his designee in the course of inspections as specified in this chapter shall be remedied by the developer according to the terms in this chapter.
B. 
If at any time work does not conform to the approved drainage plan, including all conditions and specifications and modifications thereof, the Township Engineer or the Code Enforcement Officer shall issue a written notice to comply to the developer. Such notice shall set forth the nature of corrections required and the time within which corrections shall be made. Upon failure to comply within the time specified, the developer shall be considered in violation of this chapter, and the Township shall issue a cease and desist order on all work on the site, including any building or other construction, until corrections are made. If corrections are not undertaken within a specified time or the developer violates the cease and desist order: (1) penalties shall be imposed and/or (2) the work shall be completed by the Township and the costs charged to the developer.
[Ord. 2010-10, 10/4/2010, § 806]
Except as specifically provided by Act 167, 32 P.S. § 680.1 et seq., the making of any administrative decision by the Township or any of its officials or employees shall not constitute a representation, guarantee or warranty of any kind by the Township of the practicability or safety of any proposed structure or use with respect to damage from erosion, sedimentation, stormwater runoff, flood, or any other matter, and shall create no liability upon or give rise to any cause of action against the Township and its officials and employees. The Board of Supervisors, by enacting this chapter, does not waive or limit any immunity granted to the Township and its officials and employees by the Governmental Immunity Act of October 5, 1980, P.L. 693, No. 142, as amended, 42 Pa.C.S.A. § 8541 et seq., and does not assume any liabilities or obligations.
[Ord. 2010-10, 10/4/2010, § 807]
1. 
Any person aggrieved by any action of a qualified representative of the Township, may appeal to the Board of Supervisors within 30 days of that action.
2. 
Any person aggrieved by any action of the Board of Supervisors may appeal to Monroe County Court of Common Pleas within 30 days of that action.