Upon presentation of proper credentials, Township employees
or agents working on behalf 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.
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. 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 shall not prevent the Township from
pursuing any and all remedies by law. 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.
A.
It shall be unlawful for any person, firm or corporation to undertake
any regulated activity on any property except as provided for in an
approved SWM site plan and pursuant to the requirements of this chapter.
B.
It shall be unlawful to alter or remove any control structure required
by the SWM site plan or to allow the property to remain in a condition
which does not conform to the approved SWM site plan.
The municipal governing body is hereby authorized and directed
to enforce all of the provisions of this chapter. All inspections
regarding compliance with the project plan shall be the responsibility
of the Municipal Engineer or other qualified persons designated by
the Township.
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.
A.
Any approval or permit for a regulated activity issued may be suspended
or revoked, in whole or in part, by the Township for:
(1)
Noncompliance with or failure to implement any provision of the approval
or the permit.
(2)
A violation of any provision of this chapter or any other applicable
law, ordinance, rule or regulation relating to the regulated activity.
(3)
The creation of any condition or the commission of any act during
the regulated activity which constitutes or creates a hazard or nuisance,
pollution or which endangers the life or property of others.
C.
An approval that has been revoked by the Township cannot be reinstated.
The applicant may apply for a new approval under the provisions of
this chapter.
An occupancy permit shall not be issued unless the certification of compliance pursuant to § 190-25 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 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 five days, or both. Each day that
the violation continues shall be a separate offense, and penalties
shall be cumulative.
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.
Any person aggrieved by any decision of the Township or its
designee relevant to the provisions of this chapter may appeal to
the Allegheny County Court of Common Pleas within 30 days of the Township's
decision.
Any ordinance or ordinance provision of the Township inconsistent
with any of the provisions of this chapter is hereby repealed to the
extent of the inconsistency only; provided, however, that this repeal
shall in no manner be construed as a waiver, release or relinquishment
of the right to initiate, pursue or prosecute, as the case may be,
any proceeding at law or in equity pertaining to any act done which
would have constituted a violation of such prior ordinance or ordinance
provision. All of said ordinance or ordinance provisions shall remain
in full force and effect and are not repealed hereby as they pertain
to such acts and to the processing of such plans filed prior to the
effective date of this chapter, which are protected from the effect
of intervening ordinances by Section 508(4) of the Pennsylvania Municipalities
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10508(4).
