A.
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 implementation, condition,
or operation and maintenance of the stormwater BMPs with regard to
any aspect governed 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 BMP.
D.
Unreasonable delays in allowing the Township access
to a BMP is a violation of 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, Brecknock Township 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 same. Failure to comply within the time specified shall subject
such person to the penalty provisions of this chapter as set forth
below. All such penalties shall be deemed cumulative and shall not
preclude Brecknock Township 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.
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 land disturbance activities for which
this chapter requires a permit prior to obtaining a permit or in violation
of the terms or conditions of any permit issued under this chapter.
B.
To install, repair, modify or alter stormwater management
facilities prior to obtaining a permit under this chapter or in a
manner which violates the terms and conditions of any permit issued
under this chapter.
C.
To misuse or fail to maintain any stormwater management
facility 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.
E.
To place false information on or omit relevant information
from an application for a waiver, approval or permit under this chapter.
F.
To fail to comply with any of the provisions of this
chapter.
Brecknock Township is hereby authorized and
directed to enforce all of the provisions of this chapter.
A.
All inspections regarding compliance with the drainage
plan shall be the responsibility of the Brecknock Township Engineer
or other qualified persons designated by Brecknock Township.
(1)
A set of design plans approved by Brecknock Township
shall be on file at the site throughout the duration of the construction
activity. Periodic inspections may be made by Brecknock Township or
designee during construction.
(2)
Adherence to approved plan. It shall be unlawful for any person, firm or corporation to undertake any regulated activity under § 93-5 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 drainage plan.
(3)
As a prerequisite for the full release of the financial security,
at the completion of the project, the following requirements shall
be met:
[Amended 4-8-2014 by Ord.
No. 198-2014]
(a)
A final inspection shall be conducted by the Brecknock Township
Engineer or designated representative to certify compliance with this
chapter. Any deficiencies noted by the Township Engineer or designated
representative shall be remedied to the satisfaction of the Township
Engineer or designated representative.
(b)
For projects with an NPDES permit, provide a certificate of completion, as required in § 93-27C.
(c)
As required by the Township Engineer, complete an as-built survey of all stormwater management facilities included in the approved SWM site plan and submit it to the Township for review and approval along with an explanation of any discrepancies with the design plans, included revised calculations. The Township or its designee shall not approve the as-built survey until it receives, as applicable, a copy of an approved declaration of adequacy/highway occupancy permit from PennDOT and, as required by § 93-40A(3)(b), a certificate of completion.
[1]
Upon approval of the as-built plan by the Township or its designee
and as required by the Township Engineer, the applicant shall submit
an as-built plan for recordation in the Office of the Recorder of
Deeds. The as-built plan must show the final design specifications
for all stormwater management facilities and be sealed by a registered
professional engineer. When a digital submission of an as-built plan
is required, all coordinates as depicted on the plan shall be based
on the PA South Zone State Plane Coordinate System (NAD83 for horizontal
and NAVD88 for vertical).
[2]
Concurrently with the recordation of the as-built plan, the
applicant shall submit the SWM site plan for recordation in the Office
of the Recorder of Deeds, unless the site plan has already been recorded.
B.
Whenever Brecknock Township finds that a person has
violated a prohibition or failed to meet a requirement of this chapter,
Brecknock Township may order compliance by written notice to the responsible
person.
(1)
Such notice may require without limitation:
(a)
The performance of monitoring, analyses, and
reporting;
(b)
The elimination of prohibited connections or
discharges;
(c)
Cessation of any violating discharges, practices,
or operations;
(d)
The abatement of 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)
The implementation of stormwater controls and
BMPs; and
(g)
Operation and maintenance of stormwater controls
and BMPs.
(2)
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 Brecknock Township or designee and the expense
thereof shall be charged to the violator.
(3)
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
Brecknock Township from pursuing any and all other remedies available
in law or equity.
C.
Suspension and revocation of permits.
(1)
Any building, land development or other permit or
approval issued by Brecknock Township may be suspended or revoked
by Brecknock Township for:
(a)
Noncompliance with or failure to implement any
provision of the permit.
(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 permit shall be reinstated by the Township
when:
(a)
The Township Engineer or a designee has inspected
and approved the corrections to the stormwater management and erosion
and sediment pollution control measure(s), or the elimination of the
hazard or nuisance; and/or
(b)
The Township is satisfied that the violation
of the ordinance, law, or rule and regulation has been corrected.
(3)
A permit that has been revoked by Brecknock Township
cannot be reinstated. The applicant may apply for a new permit under
the procedures outlined in this chapter.
(4)
Prior to revocation or suspension of a permit, Brecknock
Township will schedule a hearing to discuss the noncompliance if there
is no immediate danger to life, public health or property.
D.
Occupancy permit. An occupancy permit shall not be
issued unless the certification of compliance has been secured. The
occupancy permit shall be required for each lot owner and/or applicant
for all subdivisions and land development in Brecknock Township.
A.
If the Board of Supervisors or the officer designated
to enforce this chapter by the Board of Supervisors determines that
a person has committed or permitted the commission of a violation
of this chapter, the Board of Supervisors or such enforcement officer
shall inform such person, in writing, of the violation, shall notify
such person to cease the violation of this chapter and shall inform
such person that he or she must pay a civil penalty to the Township
within the range of the amounts set forth below to settle the violation:
(1)
The penalty for the first offense shall be not less
than $50 and not more than $600;
(2)
The penalty for the second offense shall be not less
than $100 and not more than $600; and
(3)
The penalty for a third offense or greater offense
shall be not less than $200 and not more than $600.
(4)
If such person fails or refuses to remit the penalty
to the Township within 10 days from the date of the written notice
of the violation of this chapter, the Township may commence a civil
enforcement proceeding seeking penalties and costs for the violation
of this chapter and/or may commence and action in equity. The Township
shall seek a judgment for the penalty previously imposed together
with additional daily penalties for continuing violations, plus all
court costs, including the reasonable attorneys' fees incurred by
the Township in the enforcement proceedings. Each day that a violation
continues shall constitute a separate violation and each section of
this chapter which is violated shall constitute a separate violation.
If a defendant neither pays nor timely appeals the judgment, the Township
may enforce the judgment pursuant to the applicable Rules of Civil
Procedure.
B.
The Township may institute suits in equity to restrain,
prevent or abate any violation of this chapter. The Township, if required
to abate nuisance conditions, shall be entitled to recover its expenses
from any financial security posted by a developer by filing a municipal
claim against the property in the amount of the cost of the abatement
plus a penalty of 25% of such costs, or by any other means authorized
by law.
C.
If an applicant for approval of a stormwater management
plan has presented any incorrect information in connection with the
review or approval of the plan, the Board of Supervisors may revoke
approval of the stormwater management plan. When a plan approval has
been revoked it shall not be reinstated. The applicant shall be required
to submit a new stormwater management plan application in accordance
with the processing procedures of this chapter.
[Amended 4-8-2014 by Ord.
No. 198-2014]
A modification which involves a change in stormwater management methods, techniques, or facilities, or which involves the relocation, or redesign of stormwater management facilities, or which is necessary because soil or other conditions are not as stated on the approved plan, shall require a resubmission by the developer/applicant in accordance with the plan requirements as set forth in § 93-21 of this chapter.
A.
The provisions of this chapter are intended as minimum
standards for the protection of the public health, safety and welfare.
The Township reserves the right to modify or to extend them conditionally
in individual cases as may be necessary in the public interest; provided,
however, that such variation shall not have the effect of nullifying
the intent and purpose of this chapter, and that the applicant shows
to the satisfaction of the Township that the applicable regulation
is unreasonable or will cause undue hardship, or that an alternative
proposal will allow for equal or better results. The list of such
modifications along with an explanation of and justification for each
modification, shall be included on the plan. This section does not
apply during an enforcement action.
B.
In granting waivers/modifications for provisions of this chapter
not relating to water quality, the Township may impose such conditions
as will, in its judgment, secure substantially the objectives of the
standards and requirements of this chapter.
