[Ord. No. 614, 9/28/2022]
1. The Board of Supervisors of Northampton Township or its designee
is hereby authorized and directed to enforce all the provisions of
this chapter. All inspections regarding compliance with the stormwater
management (SWM) site plan and this chapter shall be the responsibility
of the Township Engineer or other qualified persons designated by
Northampton Township.
2. It shall be unlawful for a person to undertake any regulated activity
except as provided in an approved SWM site plan and pursuant to the
requirements of this chapter. It shall be unlawful to alter or remove
any structure required by the SWM site plan pursuant to this chapter
or to allow the property to remain in a condition which does not conform
to the approved SWM site plan without written approval from the Township.
3. Whenever the Township finds that a person has violated a prohibition
or failed to meet a requirement of this chapter, the Township may
order compliance by written notice to the responsible person. Such
notice may, without limitation, require the following remedies:
A. Performance of monitoring, analyses, and reporting;
B. Elimination of prohibited connections or discharges;
C. Cessation of any violating discharges, practices, or operations;
D. Abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
E. Payment of a fine to cover administrative and remediation costs;
F. Implementation of stormwater facilities and best management practices
(BMPs); and
G. Operation and maintenance (O&M) of stormwater facilities and
BMPs.
4. Such notification shall set forth the nature of the violation(s)
and establish a time limit for correction of the violation(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 or designee, and the expense
may be charged to the violator.
5. Failure to comply within the time specified may subject a violator
to the penalty provisions of this chapter. All such penalties shall
be deemed cumulative and shall not prevent the Township from pursuing
any and all other remedies available in law or equity.
[Ord. No. 614, 9/28/2022]
1. Any building, land development, or other permit or approval issued
by the Township may be suspended or revoked, in whole or in part,
by the municipality for:
A. Noncompliance with or failure to implement any provision of the 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;
or
C. The creation of any condition or the commission of any act during
construction or development which constitutes or creates a hazard
or nuisance, or pollution, or which endangers the life, health, or
property of others.
2. A suspended approval may be reinstated by the Township when:
A. The Township or designee has inspected and approved the corrections
to the violations that caused the suspension; and
B. The Township is satisfied that all applicable violations in this
chapter have been corrected.
3. Any permit or approval that has been revoked by the Township cannot
be reinstated. The applicant may apply for a new permit under the
procedures outlined in 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. 614, 9/28/2022]
1. Any person violating the provisions of this chapter shall be guilty
of a misdemeanor and, upon conviction, shall be subject to a fine
of not 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.
2. In addition, the Township 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.
[Ord. No. 614, 9/28/2022]
1. Any person aggrieved by any action pursuant to this chapter may appeal
to the Board of Supervisors of Northampton Township within 30 days
of that action. The Board of Supervisors shall, within 30 days of
receipt of an appeal, schedule a hearing to consider the appeal. The
proceeding shall be governed by the Pennsylvania Local Agency Law,
2 Pa.C.S.A § 751 et seq.
2. Any person aggrieved by any decision of the Board of Supervisors
of Northampton Township, relevant to the provisions of this chapter,
may appeal to the County Court of Common Pleas in the county where
the activity has taken place within 30 days of the Township's
decision.