[Ord. No. 187, 11/30/2018]
Upon presentation of proper credentials, the Township or its
designated agent 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.
[Ord. No. 187, 11/30/2018]
The landowner or the owner's designee (including the Township
for dedicated and owned facilities) shall inspect SWM BMPs, facilities
and/or structures installed under this chapter according to the following
frequencies, at a minimum, to ensure the SWM BMPs, facilities and/or
structures continue to function as intended:
1.
Annually for the first five years.
2.
Once every three years thereafter.
3.
During or immediately after the cessation of a ten-year-or-greater
storm.
Inspections should be conducted during or immediately following
precipitation events. A written inspection report shall be created
to document each inspection. The inspection report shall contain the
date and time of the inspection, the individual(s) who completed the
inspection, the location of the SWM BMP, facility or structure inspected,
observations on performance, and recommendations for improving performance,
if applicable. Inspection reports shall be submitted to the Township
within 30 days following completion of the inspection.
[Ord. No. 187, 11/30/2018]
[Ord. No. 187, 11/30/2018]
1.
Any approval or permit issued by the Township pursuant to this chapter
may be suspended or revoked for:
A.
Noncompliance with or failure to implement any provision of the Township-approved
SWM site plan or O&M agreement.
B.
A violation of any provision of this chapter or any other applicable
law, ordinance, rule, or regulation relating to the regulated activity.
C.
The creation of any condition or the commission of any act during
the regulated activity which constitutes or creates a hazard, nuisance,
pollution, or endangers the life or property of others.
3.
An approval that has been revoked by the Township cannot be reinstated.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.
4.
If a violation causes no immediate danger to life, public health,
or property, at its sole discretion, the Township may provide a limited
time period for the owner to correct the violation. In these cases,
the Township will provide the owner, or the owner's designee,
with a written notice of the violation and the time period allowed
for the owner to correct the violation. If the owner does not correct
the violation within the allowed time period, the Township may revoke
or suspend any, or all, applicable approvals and permits pertaining
to any provision of this chapter.
[Ord. No. 187, 11/30/2018]
In the event that any person fails to comply with the requirements
of this chapter, a Township-approved SWM site plan, or fails to conform
to the requirements of any Township approval issued under this chapter,
a written notice of violation shall be issued. Such notification shall
set forth the nature of the violation(s) and establish a time limit
for correction of the violation(s). A person's failure to comply
with a notice of violation within the time specified therein shall
subject such person to the penalty provisions of this chapter.
[Ord. No. 187, 11/30/2018]
1.
Any person, firm or corporation who shall violate any provision of
this chapter, or fails to comply therewith, or with any of the requirements
thereof, 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 $300 nor more than $1,000,
plus costs, including reasonable attorney fees incurred by the Township,
and, in default of payment of said fine and costs, to a term of imprisonment
to the extent permitted by law for the punishment of summary offenses.
A separate offense shall arise for each day or portion thereof in
which a violation of this chapter is found to exist or for each section
of this chapter found to have been violated. All fines and penalties
collected for violation of this chapter shall be paid to the Township
Treasurer. The initial determination of ordinance violation is hereby
delegated to the Township Secretary, the Police Department, the Code
Official, the authorized designee of the Township Secretary, and to
any other officer or agent that the Township Secretary or Board of
Supervisors shall deem appropriate.
2.
In addition, the Township, through the Township Solicitor, may institute
injunctive, mandamus, or any other appropriate action or proceeding
at law or in equity for the enforcement of this chapter, including
but not limited to enforcement actions under the Stormwater Management
Act[1] and 25 Pa. Code Chapter 102. 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.
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
3.
Any activity conducted in violation of this chapter or any watershed
plan may be declared a public nuisance by the Township and abated
as such.
[Ord. No. 187, 11/30/2018]
1.
Except as otherwise provided in § 909.1(a) of the Municipalities Planning Code, 53 P.S. § 10909.1(a), any applicant or person aggrieved by a decision of the Code Official and/or the Township or a notice or order issued under this chapter shall have the right of appeal to the Township Board of Appeals established by the Construction Code (Chapter 5, Part 1), provided that a written application for an appeal is filed within 10 days after receipt of said decision, notice or order, along with payment of an appeal hearing fee in an amount set from time to time by resolution of the Board of Supervisors. An application for appeal shall be based on a claim that the true intent of this chapter or the rules legally adopted hereunder has been incorrectly interpreted, or the provisions of this chapter do not fully apply. All appeals before the Township Board of Appeals under this chapter shall proceed under the regulations and procedures established in the Construction Code (Chapter 5, Part 1).
2.
All appeals from decisions of the Township Board of Appeals rendered
pursuant to this section shall be taken to the Court of Common Pleas
of Allegheny County and shall be filed within 30 days after entry
of the decision as provided in 42 Pa.C.S.A. § 5572 (relating
to time of entry of order).
