Upon presentation of proper credentials, duly authorized representatives of the municipality may enter at reasonable times upon any property within the municipality to inspect the condition of the stormwater structures and facilities in regard to any aspect regulated by this chapter.
In the event that a person fails to comply with the requirements of this chapter, or fails to conform to the requirements of any permit issued hereunder, the municipality shall provide written notification of the violation. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violation(s). Failure to comply within the time specified shall subject such person to the penalty provisions of this chapter. All such penalties shall be deemed cumulative and present by the municipality from pursuing any and all remedies. It shall be the responsibility of the owner of the real property on which any regulated activity is proposed to occur, is occurring, or has occurred, to comply with the terms and conditions of this chapter. In the case where the violation poses an immediate threat to the heath, safety and welfare of the community, no notice under this section shall be required.
The governing body is hereby authorized and directed to enforce all of the provisions of this chapter. All inspections regarding compliance with the drainage plan shall be the responsibility of the Municipal Engineer or other qualified persons designated by the municipality as directed by the Board of Supervisors.
A. 
A set of stormwater management site plans approved by the municipality shall be on file at the site throughout the duration of the construction activity. Periodic inspections may be made by the municipality or designee during construction.
B. 
Adherence to approved plan. It shall be unlawful for any person, firm, or corporation to undertake any regulated activity under § 28B-104 on any property except as provided for in the approved drainage plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any control structure required by the drainage plan pursuant to this chapter or to allow the property to remain in a condition which does not conform to the approved stormwater management plan.
C. 
It shall be unlawful to violate any provision of this chapter, including, but not limited to §§ 28B-704.
D. 
Inspections regarding compliance with the SWM site plan are a responsibility of the municipality.
E. 
At the completion of the project, and as a prerequisite for the release of the performance guarantee, the owner or his representatives shall:
(1) 
Provide a certification of completion from a professional engineer verifying that all permanent facilities have been constructed according to the plans and specifications and approved revisions Subdivision Ordinance[1] thereto.
[1]
Editor's Note: See Ch. 22, Subdivision and Land Development.
(2) 
Provide one reproducible and two paper prints of as-built drawings.
F. 
After receipt of the certification by the municipality, a final inspection shall be conducted by the governing body or its designee to certify compliance with this chapter.
G. 
Prior to revocation or suspension of a permit, the governing body will schedule a hearing to discuss the noncompliance if there is no immediate danger to life, public health or property.
H. 
Suspension and revocation of permits.
(1) 
Any permit issued under this chapter may be suspended or revoked by the governing body for:
(a) 
Noncompliance with, or failure to, implement any provision of the approved SWM site plan or O&M agreement permit.
(b) 
A violation of any provision of this chapter or any other applicable law, ordinance, rule, or regulation relating to the regulated activity project.
(c) 
The creation of any condition or the commission of any act during regulated activity construction or development which constitutes or creates a hazard or nuisance, pollution or which endangers the life or property of others, or as outlined in Article IX of this chapter.
(2) 
A suspended permit shall be reinstated by the governing body when:
(a) 
The Municipal Engineer or his designee has inspected and approved the corrections to the stormwater management and erosion and sediment pollution control measure(s) that caused the suspension, or the elimination of the hazard or nuisance; and/or
(b) 
The governing body is satisfied that the violation of the ordinance, law, or rule and regulation has been corrected.
(3) 
A permit that has been revoked by the governing body 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 municipality may provide a limited time period for the owner to correct the violation. In these cases, the municipality 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 municipality may revoke or suspend any, or all, applicable approvals and permits pertaining to any provision of this chapter.
I. 
Occupancy permit. An occupancy permit shall not be issued unless the certification of compliance pursuant to § 28B-409 of this chapter has been secured. The occupancy permit shall be required for each lot owner and/or developer for all subdivisions and land developments in the municipality.
A. 
The violation of any provision of this chapter is hereby deemed a public nuisance.
B. 
Each day that a violation continues shall constitute a separate violation.
C. 
Whenever the municipality finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the municipality 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 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; and
(7) 
Operation and maintenance of stormwater BMPs.
D. 
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 municipality from pursuing any and all other remedies available in law or equity.
A. 
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorneys fees incurred by the Township as a result thereof. Each day that a violation continues shall constitute a separate violation.
B. 
In addition, the municipality 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.
A. 
Appeals from the determination of the Township staff or from the determination of the Township Engineer in the administration of this chapter as it relates to stormwater management of a project not involving a subdivision or land development shall be made to the Board of Supervisors within 30 days of that determination or decision.
B. 
Any person aggrieved by a decision of the Board of Supervisors may appeal to the Zoning Hearing Board within 30 days of the decision.
C. 
Any person aggrieved by an decision of the Zoning Hearing Board or the Board of Supervisors may appeal to the Bucks County Court of Common Pleas within 30 days of the decision of the Zoning Hearing Board or the Board of Supervisors.