A. 
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.
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 BMPs.
D. 
Unreasonable delays in allowing the Township access to a BMP is a violation of this Chapter.
A. 
The Township Engineer, or their authorized representative, shall make the inspections hereinafter required and shall either approve that portion of the work which has been completed or notify the permit holder wherein the same fails to comply with the provisions of this chapter. Where it is found by inspection that the soil or other conditions are not as stated or shown in the application, the Township Engineer may refuse to approve further work until approval is obtained for a revised minor earth disturbance plan or a BMP operations and maintenance plan conforming to existing conditions.
B. 
Plans for the earth disturbance activity, bearing the stamp of approval of the Township Engineer, shall be maintained at the site during the progress of the grading work and until the work has been completed.
C. 
The permit holder shall notify the Township Engineer in order to obtain inspections in accordance with the following schedule and at least 48 hours before the inspection is to be made:
(1) 
Initial inspection: when work on the excavation or fill is about to be commenced.
(2) 
Rough grading: when all rough grading has been completed.
(3) 
Drainage facilities: when drainage facilities are to be installed and before such facilities are backfilled.
(4) 
BMPs: when BMPs are to be installed and before such facilities are backfilled.
(5) 
Special structures: when excavations are complete for retaining and crib walls and when reinforcing steel is in place and before concrete is poured.
(6) 
Final inspection: when all work, including the installation of all drainage and other structures, has been completed.
D. 
If at any stage of the work the Township Engineer shall determine by inspection that the nature of the excavation or fill activities are such that further work, as authorized by an existing permit, is likely to endanger property or streets or alleys or create hazardous conditions, the Township Engineer may require as a condition to allowing the work to be done that such reasonable safety precautions be taken as the Township Engineer considers advisable to avoid such likelihood of danger. Safety precautions may include but shall not be limited to specifying a flatter exposed slope, construction of additional drainage facilities, berms, terracing, compaction or cribbing.
E. 
The landowner or the owner's designee (including the Township for dedicated and owned facilities) shall inspect stormwater management BMPs, facilities and/or structures installed under this chapter according to the following frequencies, at a minimum, to ensure the 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.
F. 
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 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.
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 § 58-13.
B. 
It shall be unlawful to violate § 58-39 of this chapter.
C. 
Inspections regarding compliance with the stormwater management site plan are a responsibility of the Township.
D. 
No person shall construct, enlarge, alter, repair or maintain any grading, excavation or fill, or cause the same to be done, contrary to or in violation of any provision of this chapter or any permit granted hereunder.
(1) 
The violation of any provision of this chapter is hereby deemed a public nuisance.
(2) 
Each day that a violation continues shall constitute a separate violation.
E. 
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 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 BMPs.
(7) 
Operation and maintenance of stormwater BMPs.
F. 
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 or designee and the expense thereof shall be charged to the violator.
G. 
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 Township from pursuing any and all other remedies available in law or equity.
A. 
The Township Engineer shall deny a minor earth disturbance permit or BMP operations and maintenance plan where, in their opinion, the work as proposed by the applicant may endanger any property or any street or alley or fails to meet Township standards. In determining whether the proposed work is likely to endanger any property or streets or alleys, or create hazardous conditions, the Township Engineer shall give due consideration to possible saturation by rains, earth movements, runoff of surface waters, and subsurface conditions such as the stratification and faulting of rock and the nature and type of the soil or rock.
B. 
The Township shall not approve any stormwater management site plan that is deficient in meeting the requirements of this chapter. At its sole discretion and in accordance with this article, when a stormwater management site plan is found to be deficient, the Township may either disapprove the submission and require a resubmission, or in the case of minor deficiencies, the Township may accept submission of modifications.
C. 
Any appeals from a determination by or other action of the Township Engineer or by any person or agency enforcing this chapter may be made to the relevant judicial or administrative body according to law in accordance with the Pennsylvania Municipalities Planning Code.
A. 
Any building, grading or other permit or approval issued by the Township may be suspended or revoked by the Township for:
(1) 
Noncompliance with or failure to implement any provision of the approved stormwater management site plan or O&M agreement.
(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, 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.
(2) 
The Township is satisfied that the violation has been corrected.
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.
D. 
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.
A. 
Any person violating any of the provisions of this chapter shall, upon conviction, be sentenced to pay a fine not to exceed the maximum fine of $1,000, plus costs of prosecution, and, in default of payment of such fine and costs of prosecution, imprisonment for a term not exceeding 30 days; provided, however, that if the district justice determines that the defendant is without the financial means to pay the fines and costs immediately or in a single remittance, such defendant shall be permitted to pay the fines or costs in installations and over such period so of time as the district justice deems to be just.
B. 
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.
Any person aggrieved by any action of the Township or its designee, relevant to the provisions of this chapter, may appeal to the relevant judicial or administrative body according to law, within the time period allowed.