A.
Upon presentation
of proper credentials, duly authorized representatives of the Township
of Muhlenberg may enter at reasonable times upon any property within
the Township of Muhlenberg to inspect the implementation, condition
or operation and maintenance of the stormwater controls or BMPs in
regard to any aspect governed by this chapter.
B.
Stormwater control
and BMP owners and operators shall allow persons working on behalf
of the Township of Muhlenberg ready access to all parts of the premises
for the purposes of determining compliance with this chapter.
C.
Persons working
on behalf of the Township of Muhlenberg shall have the right to temporarily
locate on any stormwater control or BMP in the Township of Muhlenberg
such devices as are necessary to conduct monitoring and/or sampling
of the discharges from such stormwater control or BMP.
D.
Unreasonable
delays (more than 24 hours) in allowing the Township of Muhlenberg
access to a stormwater control or BMP is a violation of this article.
A.
Whenever the
Township of Muhlenberg finds that a person has violated a prohibition
or failed to meet a requirement of this chapter, the Commissioners
of the Township of Muhlenberg may order compliance by written notice
to the responsible person. Such notice may require, without limitation:
(1)
The performance
of monitoring, analyses and reporting;
(2)
The elimination
of prohibited connections or discharges;
(3)
Cessation
of any violating discharges, practices or operations;
(4)
The abatement
or remediation of stormwater pollution or contamination hazards and
the restoration of any affected property;
(5)
Payment of
a fine to cover administrative and remediation costs;
(6)
The implementation
of stormwater controls and BMPs; and
(7)
Operation
and maintenance of stormwater controls and BMPs.
B.
Such notification
shall set forth the nature of the violation(s) and establish a time
limit for correction of these violations(s). 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 the
Township of Muhlenberg or designee and the expense thereof shall be
charged to the violator.
C.
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 Commissioners of the Township of Muhlenberg
from pursuing any and all other remedies available in law or equity.
A.
Any building,
land development or other permit or approval issued by the Township
of Muhlenberg may be suspended or revoked, in whole or in part, by
the Township of Muhlenberg for:
(1)
Noncompliance
with or failure to implement any provision of the permit;
(2)
A violation
of any provision of this chapter; or
(3)
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.
B.
A suspended permit
or approval may be reinstated by the Township of Muhlenberg, in whole
or in part, when:
C.
A permit or approval
which has been revoked in whole or in part by the Township of Muhlenberg
cannot be reinstated. The applicant may apply for a new permit under
the procedures outlined in this chapter.
A.
Any person violating
the provisions of this chapter shall be subject to a fine of not less
than $500 nor more than $1,000 for each violation, recoverable with
costs. Each day that the violation continues shall constitute a separate
offense, and the applicable fines are cumulative.
B.
The Commissioners
of the Township of Muhlenberg may institute injunctive, mandamus or
any other appropriate action or proceeding at law in equity for the
enforcement of the chapter with the court of competent jurisdiction
to obtain restraining orders, temporary or permanent injunctions,
mandamus or other appropriate forms of remedy or relief.
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 of Muhlenberg will provide
notification of the violation. After notice is provided, failure to
correct violations in a timely manner may result in additional violations.
The municipal governing body is hereby authorized
and directed to enforce all of the provisions of this chapter. All
inspections regarding compliance with the drainage plan shall be the
responsibility of the Township Engineer or other qualified persons
designated by the Commissioners of the Township of Muhlenberg.
A.
No person shall
modify, remove, fill, landscape or alter any SWM BMPs, facilities,
areas or structures without the written approval of the Commissioners
of the Township of Muhlenberg.
B.
Upon presentation
of proper credentials, the Township of Muhlenberg may enter at reasonable
times upon any property within the Township of Muhlenberg to inspect
the condition of the stormwater structures and facilities in regard
to any aspect regulated by this chapter.
C.
It shall be unlawful
for a person to undertake any regulated activity except as provided
in an approved SWM site plan, unless specifically exempted from the
requirement to submit a SWM site plan by this chapter.
D.
The developer
shall be responsible for providing as-built plans of all SWM BMPs
included in the approved SWM site plan. The as-built plans and an
explanation of any discrepancies with the construction plans shall
be submitted by the developer to the Township of Muhlenberg.
E.
The as-built
submission shall include a certification of completion signed by a
qualified professional, verifying that all permanent SWM BMPs have
been constructed according to the approved plans and specifications.
If any licensed qualified professionals contributed to the construction
plans, then a licensed qualified professional must sign the completion
certificate.
F.
After receipt
of the completion certificate by the Township of Muhlenberg, the Township
of Muhlenberg or its designee may conduct a final inspection.
G.
Inspections regarding
compliance with the SWM site plan are a responsibility of the Township
Engineer.
H.
The Township
of Muhlenberg may withhold an occupancy permit until a certificate
of completion has been provided by the developer.
A.
Any person aggrieved
by any action of the Township Engineer or its designee may appeal
to Commissioners of the Township of Muhlenberg within 30 days of that
action.
B.
Any person aggrieved
by any decision of the Commissioners of the Township of Muhlenberg
may appeal to the County Court of Common Pleas in the county where
the activity has taken place within 30 days of the municipal decision.
