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.
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.
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.
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.