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 the stormwater structures and facilities in regard to any aspect regulated by this chapter.
A. 
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 Township shall provide written notification of the violation. The notice will direct the responsible party to comply with all the terms of this chapter within seven days or such additional period, not to exceed 30 days, as the designated Township representative shall deem reasonable. In addition, the designated Township representative shall give notice to the owner, applicant, developer, property manager or other person responsible for the property or the violation that if the violation is not corrected, the Township may correct the same and charge the landowner or other person responsible the cost thereof, plus penalties as specified herein for failure to comply.
B. 
Such notice may be delivered by the United States mail, first class, postage prepaid, or by certified or registered mail; or by personal service; or if the property is occupied, by posting the notice at a conspicuous place upon the affected property.
C. 
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 provision of this chapter. All such penalties shall be deemed cumulative and shall not prevent the Township from pursuing any and all other 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.
The Township governing body is hereby authorized and directed to enforce all of the provisions of this chapter. All inspections regarding compliance with the SWM site plan and the recorded declaration of stormwater access easement shall be the responsibility of the Township Engineer or other qualified persons designated by the Township. Inspection frequency will be as deemed necessary by the Township Engineer and will be based on past performance of the facility, compliance history of the owner of the facility with inspection and maintenance requirements, and weather conditions.
A. 
A set of design plans approved by the Township shall be on file at the site throughout the duration of the construction activity. Periodic inspections may be made by the Township 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 § 13-1.4 on any property except as provided for in the approved SWM site plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any control structure required by the SWM site plan pursuant to this chapter or to allow the property to remain in a condition which does not conform to the approved SWM site plan.
C. 
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 an engineer, architect, surveyor or other qualified person verifying that all permanent facilities have been constructed according to the plans and specifications and approved revisions thereto.
(2) 
Provide a set of as-built drawings.
D. 
After receipt of the certification by the Township, a final inspection shall be conducted by the governing body or its designee to certify compliance with this chapter.
E. 
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.
F. 
Suspension and revocation of approvals.
(1) 
Any approval 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 approval.
(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, or as outlined in this article.
(2) 
A suspended approval shall be reinstated by the governing body when:
(a) 
The Township Engineer or his 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;
(b) 
The governing body is satisfied that the violation of the ordinance, law, or rule and regulation has been corrected.
(3) 
An approval that has been revoked by the governing body cannot be reinstated. The applicant may apply for a new approval under the procedures outlined in this chapter.
G. 
Occupancy permit. An occupancy permit shall not be issued until all stormwater issues have been addressed to the Township's satisfaction. The occupancy permit shall be required for each lot owner and/or developer for all subdivisions and land development in the Township.
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.
A. 
Anyone violating the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $1,000 for each violation and recoverable with costs. Each day that the violation continues shall be a separate offense.
B. 
In addition, the Township, through its Solicitor, 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.
C. 
The cost of removal, fines and penalties hereinabove mentioned may be entered by the Township as a lien against such property, or properties of individual members of a property owners' association, in accordance with the existing provisions of the law.
A. 
Any person aggrieved by any action of the Township or its designee, relevant to the provisions of this chapter, may appeal to the Township Zoning Hearing Board within 30 days of that action.
B. 
Any person aggrieved by any decision of the Township Zoning Hearing Board, relevant to the provisions of this chapter, may appeal to the County Court of Common Pleas in the county where the activity has taken place within 30 days of the Zoning Hearing Board's decision.