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 condition of stormwater management facilities in regard to any aspect regulated by this chapter.
A. 
The provisions of this chapter are the minimum standards for the protection of the public welfare.
B. 
If the developer demonstrates to the satisfaction of the Board of Supervisors that any mandatory provision of this chapter is unreasonable and causes unique and undue hardship as it applies to his proposed project, the Board of Supervisors may, after consulting with DEP as noted in § 199-7A(9) with respect to modifications to § 199-7 (General requirements), § 199-9 (Volume controls) or § 199-10 (Rate controls), grant a waiver so that substantial justice may be done and the public interest secured; provided that such waiver will not have the effect of nullifying the intent and purpose of this chapter.
C. 
The developer shall make all requests for waivers in writing and include such requests as a part of the development application. The developer shall state in full the grounds and facts, of unreasonableness or hardship on which the request is based, the provision or provisions of the ordinance involved and the minimum waiver necessary. The developer shall state how the requested waiver and developer's proposal shall result in an equal or better means of complying with the intent of this chapter as stated in Article I.
D. 
The Board of Supervisors shall keep a written record of all action on waiver requests.
E. 
In granting waivers, the Board of Supervisors may impose conditions as will, in its judgment, secure substantially the objectives and standards or requirements so modified.
F. 
The developer shall address all of the following in its application for a waiver:
(1) 
The extent of the proposed activity.
(2) 
The magnitude of the anticipated increased stormwater runoff as a result of the activity.
(3) 
The adverse impacts of any anticipated increase in stormwater runoff at the area of discharge from the site of the activity.
(4) 
The physical circumstances or conditions of the project site and any surrounding properties which may be impacted, including drainage characteristics, soil types, shape, location, topography or other physical conditions specific to the site of the activity.
(5) 
The history of stormwater runoff problems in the area which may or will be impacted by the activity.
(6) 
The potential for increased peak flows and/or volumes of stormwater runoff to cause any of the following problems:
(a) 
Increased flooding or ponding on off-site properties or roadways.
(b) 
Potential icing conditions.
(c) 
Erosive conditions due to increased peak flows or volume.
(d) 
Decreased water quality.
(e) 
Increased 100-year floodplain levels.
(7) 
Whether stormwater runoff will be diverted to a different watershed to accomplish the goal of no or minimal increase of peak flow from the project site.
(8) 
No waiver or modification of any regulated stormwater activity involving earth distrubance greater than or equal to one acre may be granted by the Township unless that action is approved in advance by DEP.
It shall be a violation of this chapter to commit or permit any other person to commit any of the following acts:
A. 
To commence regulated activities prior to obtaining unconditional approval of a stormwater management site plan or in violation of the terms or conditions of a stormwater management site plan approved under this chapter.
B. 
To install, repair, modify or alter stormwater management facilities or BMPs prior to obtaining approvals under this chapter when required or in a manner which violates the terms and conditions of any approval issued under this chapter.
C. 
To misuse or fail to maintain any stormwater management facility or BMP installed upon a property.
D. 
To construct any improvements upon, grade, fill or take any other action which will impair the proper functioning of any stormwater management facility or BMP.
E. 
To place false information on or omit relevant information from an application for approval under this chapter.
F. 
To fail to comply with any other provisions of this chapter.
A. 
The violation of any provision of this chapter is hereby deemed a public nuisance. The Township is hereby authorized to enter upon private property and take all measures necessary to abate a deemed public nuisance, including attorney fees, under this chapter. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the Township or designated contractor to enter upon the premises for the purposes set forth above. The costs incurred by the Township to abate a public nuisance, including engineering and attorney fees, shall be a special assessment against the property and shall constitute a municipal lien on the property for the amount of the assessment plus a penalty of 10% of the assessment.
B. 
Any person who violates any provision of this chapter shall commit a summary offense and shall, upon being found guilty by a Magisterial District Judge, after hearing pay a fine not to exceed $1,000, together with all engineering fees, attorneys' fees and court costs as permitted by law. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof of violation, and each section of this chapter which is violated, shall constitute a separate offense, which shall be subject to prosecution as such. For purposes of this section, the Board of Supervisors of East Manchester Township hereby appoints the Township Manager, Public Works Director, Secretary, Zoning Officer, Building Code Official, Permit Officer or Codes Enforcement Officer as authorized representatives, any one of whom may commerce and pursue enforcement proceedings pursuant to this section. The Township Solicitor shall assume charge of prosecution of any such enforcement proceedings.
C. 
The Township may also institute any other actions, suits or remedies available at law or in equity to restrain, prevent, or abate a violation of this chapter by any person. Such proceedings may be initiated before any court of competent jurisdiction. In cases of emergency where, in the opinion of the court, the circumstances of the case require immediate abatement of the unlawful conduct, the court may, in its decree, fix a reasonable time during which the person responsible for the unlawful conduct shall correct or abate the same. The expense of such proceedings, including engineering fees, attorney fees and all other fees, shall be recoverable from the violator in such manner as may now or hereafter be provided by law.
A. 
Suspension and revocation of stormwater management site plan approvals shall be in accordance with the following:
(1) 
Any approval issued under this chapter may be suspended or revoked by the Township for:
(a) 
Noncompliance with or failure to implement any provision of the stormwater management site plan.
(b) 
A violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation relating to the project.
(c) 
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.
(2) 
A suspended stormwater management site plan shall be reinstated by the Township when:
(a) 
The Township Engineer or his designee has inspected and approved the corrections to the stormwater management facilities and/or erosion and sediment control measure(s), or the elimination of the hazard or nuisance;
(b) 
The Township is satisfied that the violation of the ordinance, law, or rule and regulation has been corrected; and
(c) 
All engineering fees, attorney fees and other costs incurred by the Township to enforce this chapter have been paid.
(3) 
A stormwater management site plan approval which has been revoked by the Township cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this chapter.
B. 
No building or occupancy permits shall be issued for any structure or improvement on any lot or lots within a project during the pendency of any enforcement action under this chapter commenced against the project or the developer of the project.
Any activity conducted pursuant to a stormwater management site plan approved by the Township shall be performed in strict compliance with the provisions of the plan. Violations shall be treated in the following manner:
A. 
Any noncompliance with the provisions of the stormwater management plan that is identified by the Township Engineer, Code Enforcement Officer, Zoning Officer or other designee of the Township in the course of inspections as specified in this chapter shall be remedied by the owner or developer according to the terms in this chapter. All costs of the Township, including inspection fees, engineering fees, attorney fees and other costs, shall be the responsibility of the owner and developer.
B. 
If at any time work does not conform to the approved stormwater management site plan, including all conditions and specifications and modifications thereof, the Township Engineer, Code Enforcement Officer or Zoning Officer shall issue a written notice to comply to the owner and developer and any other person in violation of this chapter. Such notice shall set forth the nature of corrections required and the time within which corrections shall be made. Upon failure to comply within the time specified, the persons specified in the notice shall be considered in violation of this chapter, and the Township shall issue a cease and desist order on all work on the project site, including any building or other construction, until corrections are made. If corrections are not undertaken within a specified time or any person violates the cease and desist order:
(1) 
Penalties shall be imposed; and/or
(2) 
The work shall be completed by the Township and the costs charged to the violators.
A. 
Approvals issued pursuant to this chapter do not relieve any person of the responsibility to comply with or secure required permits or approvals for activities regulated by any other applicable resolution, ordinance, code, rule, regulation or laws (federal, state, and local). If more stringent requirements concerning regulation of stormwater or erosion and sedimentation control are contained in the other regulations, the more stringent regulations shall apply.
B. 
All stormwater management facilities and regulated activities must also comply with Chapter 197 (Storm Sewers). Any violation of Chapter 197 (Storm Sewers) shall also be a violation of this chapter subject to all remedies available under this chapter.
The making of any administrative decision by the Township or any of its officials, agents, or employees shall not constitute a representation, guarantee or warranty of any kind by the Township of the practicability or safety of any proposed structure or use with respect to damage from erosion, sedimentation, stormwater runoff, flood, or any other matter, and shall create no liability upon or give rise to any cause of action against the Township and its officials and employees. The Board of Supervisors, by enacting this chapter, does not waive or limit any immunity granted to the Township and its officials and employees by the Governmental Immunity Act of October 5, 1980, P.L. 693, No. 142, as amended, 42 Pa.C.S.A. § 8541 et seq., and does not assume any liabilities or obligations.
A. 
Appeals from the decision of the Board of Supervisors on a stormwater management site plan governed by this chapter or the decision on a request for waiver from the requirements of this chapter insofar as the same relates to an application for subdivision and/or land development governed by the Subdivision Ordinance[1] shall be made in accordance with Article X-A of the MPC.[2]
[1]
Editor's Note: See Ch. 208, Subdivision and Land Development.
[2]
Editor's Note: See 53 P.S. § 11001-A et seq.
B. 
Appeals from the determination of the Zoning Officer, Township Engineer or other Township agent in the administration of this chapter insofar as the same relates to an application for subdivision and/or land development governed by the Subdivision Ordinance shall be made, in writing, to the Board of Supervisors. The appeal shall be subject to the time limitations of Section 914.1 of the MPC.[3] All appeals shall be accompanied by the appeal fee established by resolution of the Board of Supervisors.
(1) 
The written appeal shall specify the precise action from which the appeal is taken and shall set forth in concise terms the reason for the appeal and any legal authorities supporting the appeal.
(2) 
If the appellant desires a hearing before the Board of Supervisors, the appellant must request a hearing in the written appeal. The appellant shall pay the cost of the stenographer for any such hearing and the cost to transcribe the proceeds of the hearing.
(3) 
If a hearing is requested in writing, the Board of Supervisors shall conduct the hearing at a regular or special public meeting which occurs not less than 60 days after receipt of the written appeal. The hearing shall be conducted in accordance with the provisions of the Local Agency Law, 2 Pa.C.S.A. § 551 et seq.
(4) 
The Board of Supervisors shall render a decision on the appeal in accordance with the provisions of the Local Agency Law.
[3]
Editor's Note: See 53 P.S. § 10914.1.
C. 
Appeals from all other determinations of the Zoning Officer, Township Engineer or other Township agent in the administration of this chapter shall be made, in writing, to the Township's Zoning Hearing Board in accordance with the provisions of Article IX of the MPC.[4] The written appeal shall specify the precise action from which the appeal is taken and shall set forth in concise terms the reason for the appeal and any legal authorities supporting the appeal. The appeal shall be subject to the time limitations of Section 914.1 of the MPC.[5] All appeals filed under this subsection shall be subject to the applicable fees then in effect for zoning hearings.
[4]
Editor's Note: See 53 P.S. § 10901 et seq.
[5]
Editor's Note: See 53 P.S. § 10914.1.
D. 
Appeals from enforcement actions brought pursuant to § 199-40B shall be in accordance with the Pennsylvania Rules of Criminal Procedure.
E. 
The Township and developer and/or owner may voluntarily agree to use mediation as an aid in resolving any appeals arising under Subsections A through C of this section. Any such mediation shall be governed by Section 908.1 of the MPC[6] with the costs of mediation being shared equally by the parties.
[6]
Editor's Note: See 53 P.S. § 10908.1.