A. 
Upon presentation of proper credentials, duly authorized representatives of the Township may enter at reasonable times upon any property within the Township to inspect the implementation, condition, or operation and maintenance of the stormwater BMPs in regard to any aspect governed by this chapter.
B. 
BMP owners and operators shall allow persons working on behalf of the Township 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 shall have the right to temporarily locate on any BMP in the Township such devices as are necessary to conduct monitoring and/or sampling of the discharges from such BMP.
D. 
Unreasonable delays in allowing the Township access to a BMP is a violation of this article.
E. 
Except in the event of an emergency, the Township shall notify the property owner and/or developer 24 hours prior to entry.
A. 
It shall be unlawful for a person to undertake any regulated activity except as provided in an approved Stormwater Management Site Plan, unless specifically exempted in Article III of this chapter.
B. 
It shall be unlawful and a violation of this chapter to alter any BMPs, facilities or structures that were installed under the ordinance without written approval of the Township, or to cause or engage in any act or action contrary to the terms of this chapter or contrary to any permit, permission or approval given by the Township or other regulatory agency having jurisdiction to approve stormwater management facilities regulated by this chapter.
C. 
The violation of any provision of this chapter is hereby deemed a public nuisance.
D. 
Each day that a violation continues shall constitute a separate violation.
E. 
In the event that the applicant, developer, owner or his/her agent fails to comply with the requirements of this chapter or fails to conform to the requirements of any permit or approval set forth above, 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 same. Upon failure to comply within the time specified, unless otherwise extended by the Township, the applicant, developer, owner or his/her agent shall be subject to the enforcement remedies of this chapter. Such notice may require the violator to take actions necessary to remedy the violations on the property, including, but not limited to:
(1) 
The performance of monitoring, analyses, and reporting.
(2) 
The elimination of prohibited connections or discharges.
(3) 
The 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) 
The payment of additional administrative and remediation fees and/or costs.
(6) 
The implementation of approved or additionally required stormwater management measures or facilities.
(7) 
The operation and maintenance of existing stormwater management measures and/or facilities, or the implementation of new measures and facilities necessary to remedy the violation; or
(8) 
Assessment and payment of any and all costs and expenses associated with and/or arising from the corrective measures taken or to be taken and reasonable costs, expenses and attorney fees incurred by the Township in and related to enforcement and collection proceedings.
F. 
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 or designee and the expense thereof shall be charged to the violator, plus a 10% administrative fee.
G. 
Failure to correct the violations within the time specified shall also subject such person to the penalty provisions of this chapter.
H. 
All remedies available to the Township shall be deemed to be cumulative and the selection of one remedy, course or cause of action shall not prevent the Township from pursuing any and all other remedies available to it at law or in equity.
A. 
In addition to any other remedial action set forth herein, any approval or permit issued by the Township pursuant to this chapter may be suspended or revoked for:
(1) 
Noncompliance with or failure to implement any provision of the approved SWM Site Plan or O&M Agreement.
(2) 
A violation of any provision of this chapter or any other applicable law, ordinance, rule, or regulation related 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, nuisance, pollution, or endangers the life or property of others.
B. 
A suspended approval may be reinstated by the Township when:
(1) 
The Township has inspected and approved the corrections to the violations that caused the suspension; and
(2) 
The Township is satisfied that the violation has been corrected.
C. 
An approval that has been revoked by the Township cannot be reinstated; provided, however, that the applicant may apply for a new approval under the provisions of this chapter.
A. 
In addition to other remedies, the Township may institute and maintain appropriate actions by law or in equity to restrain, correct or abate a violation, to abate a public nuisance, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building or premises.
B. 
In accordance with the Municipalities Planning Code, 53 P.S. § 10101 et seq., the municipality may refuse to issue any permit or grant approval to further improve or develop any property which has been developed in violation of this chapter.
A. 
Any person who has violated or knowingly permitted the violation of the provisions of this chapter or has refused, neglected or failed to perform any of the actions required pursuant to the notice set forth in § 99-47 above, 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 guilty of a summary offense, and shall be sentenced to pay a fine of not less than $300 nor more than $1,000 for each violation, plus costs, together with reasonable attorney fees; and, in default or failure of full and timely payment of such fine, costs and fees, to a term of imprisonment not to exceed 90 days or to a term of imprisonment to the extent permitted by law for the punishment of violations of summary offenses, whichever is less. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense. No fine or judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the Magisterial District Judge. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense without the necessity of any additional notice or filing.
B. 
If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to applicable rules of civil procedure.
C. 
Each day that a violation continues shall constitute a separate violation unless the Magisterial District Judge further determines that there was a good faith basis for the person violating this chapter to have believed that there was no such violation. In such case there shall be deemed to have been only one such violation until the fifth day following the date of the Magisterial District Judge's determination of the violation; thereafter, each day that a violation continues shall constitute a separate violation.
D. 
All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Township.
E. 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.
F. 
Each day that a violation of any provision of this chapter exists shall be deemed a continuing public nuisance.
A. 
In addition to the above remedies, the Township may also seek and pursue all available remedies and penalties under applicable Pennsylvania statutes or regulations adopted pursuant thereto, including, but not limited to, the Storm Water Management Act, 32 P.S. §§ 693.1 et seq.,[1] and the erosion and sedimentation regulations, 25 Pa. Code Chapter 102. Any activity conducted in violation of this chapter or any Pennsylvania approved watershed stormwater management plan may be declared a public nuisance by the Township and abatable as such.
[1]
Editor's Note: See also the full Storm Water Management Act at 32 P.S. § 680.1 et seq.
B. 
In addition to the foregoing, the Township may institute an appropriate action or proceeding at law to exact the penalty provided in § 99-50 above for any act, failure to act or action, taken in violation of this chapter. In addition, the Township may proceed with an action, at law or in equity, against the person responsible for the violation for the purpose of ordering or directing that person:
(1) 
To restrain, correct or remove the violation or refrain from any further alteration or work upon any stormwater management facility hereunder;
(2) 
To restrain or correct the erection, installation, maintenance, repair or alteration of such stormwater management facility hereunder;
(3) 
To require the removal or abatement of any violation of this chapter; or
(4) 
To prevent the occupancy or use of any structure that is not in compliance with the provisions of this chapter; and
(5) 
To abate, repair or correct conditions on the property which constitute violations of this chapter, and to raze and/or demolish any structure or facility thereupon and restore the remaining property to a safe condition.
(6) 
To obtain an order directing the violator to deposit financial security with the Township in an amount estimated by the Township to abate, repair or correct conditions on the property which constitute violations of this chapter, and/or to raze and/or demolish any structure thereupon and restore the remaining property to a safe condition in advance of the Township's performance of same.
C. 
The remedies provided herein shall be cumulative. The pursuit of any one remedy shall not be deemed or construed to preclude the Township from pursuing any other.
D. 
In the event any person, corporation, entity or firm directed by the Township fails to correct any violation of this chapter within any time limitation imposed for same, then the Township may, at its discretion, enter onto such property to correct the violation and recover the costs of same from the violating party, together with counsel fees, costs and expenses incurred in the enforcement process.
E. 
In the event the Township takes any action to correct, remove or abate any condition or violation of this chapter, and incurs any cost or expense in doing so and/or utilizes Township resources in same, then the Township may, at its discretion, pursue any remedy available, at law or in equity, to recover such cost or expense and/or the value of the Township resources utilized, together with reasonable attorneys' fees, from the owner of the property or any other person responsible for the condition of same, including, but not limited to, the filing of an action in assumpsit or a municipal claim against the property. Any judgment obtained or claim entered against the owner of the property shall bear interest at the maximum rates permitted by statute or rule of court applicable to same.
A. 
Any person aggrieved by a decision or determination of the Unity Township Board of Supervisors or any of its authorized persons or agencies, under this chapter may appeal such determination or decision to the Unity Township Board of Supervisors within 30 days of being advised by the Township, in writing, of same. Any appeal must be filed with the Unity Township Board of Supervisors, in writing, shall be signed by the owner of the property, attach a copy of the determination or decision appealed from and provide a detailed explanation of the reason why such the decision or determination is contested. If a decision appealed is from an authorized person or agency of the Township, a copy of the written appeal must be served upon such person or agency by such appellant contemporaneous with the filing of the appeal.
B. 
The appellant shall pay to the Township at the time of filing the appeal, any and all fees and charges determined by the Township, by resolution, to be applicable to the proceeding.
C. 
Procedure. Any appeal filed pursuant to this section shall be governed by the Local Agency Law of the Commonwealth of Pennsylvania (2 Pa.C.S.A. § 105, specifically 2 Pa.C.S.A. §§ 551 through 555).
D. 
Hearing. The Township shall schedule a hearing within 60 days of receipt of said appeal. Written notice of the hearing shall be given to the party filing the appeal and any authorized person or agency of the Township involved, not less than 15 days prior to said hearing.
E. 
Hearing procedure.
(1) 
The Unity Township Board of Supervisors shall maintain a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the appealing party and the Unity Township Board of Supervisors. The cost of the original transcript shall be paid by the person appealing from the decision of the Unity Township Board of Supervisors if such appeal is made, and the cost of any additional copies shall be paid by the person requesting such copy or copies. In other cases the party requesting the original transcript shall bear the cost thereof.
(2) 
The Unity Township Board of Supervisors shall not be bound by technical rules of the evidence at the aforesaid hearing, and all relevant evidence of reasonably probative value may be received. Reasonable examination and cross-examination shall be permitted.
F. 
Adjudication. The adjudication of the Unity Township Board of Supervisors shall be made in writing, shall contain findings and the reasons for the adjudication, and shall be served upon all parties to the appeal or their counsel personally, or by mail.
G. 
Appeal from adverse adjudication. Pursuant to 2 Pa.C.S.A. § 751 et seq., any person aggrieved by the adjudication of the Unity Township Board of Supervisors who has a direct interest in such adjudication shall have the right to appeal therefrom to the Court vested with jurisdiction of such appeals by or pursuant to Title 42 (relating to judiciary and judicial procedure).
A. 
U.S. Department of Agriculture, National Resources Conservation Service (NRCS). National Engineering Handbook. Part 630: Hydrology, 1969-2001. Originally published as the National Engineering Handbook, Section 4: Hydrology. Available from the NRCS online at: http://www.nrcs.usda.gov/.
B. 
U.S. Department of Agriculture, Natural Resources Conservation Service. 1986. Technical Release 55: Urban Hydrology for Small Watersheds, 2nd Edition. Washington, D.C.
C. 
Pennsylvania Department of Environmental Protection. No. 363-0300-002 (December 2006), as amended and updated. Pennsylvania Stormwater Best Management Practices Manual. Harrisburg, PA.
D. 
Pennsylvania Department of Environmental Protection. No. 363-2134-008 (March 31, 2012), as amended and updated. Erosion and Sediment Pollution Control Program Manual. Harrisburg, PA.
E. 
U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Weather Service, Hydrometeorological Design Studies Center, 2004-2006. Precipitation-Frequency Atlas of the United States, Atlas 14, Volume 2, Version 3.0, Silver Spring, Maryland. Internet address: http://hdsc.nws.noaa.gov/hdsc/pfds/.
F. 
PennDOT Publication 408 - Construction Specifications; Publication 584 - Drainage Manual current editions.