[Ord. No. 337, 5/15/2024]
(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 controls or BMPs in regard to any aspect governed by this chapter.
(b) 
Stormwater control and 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 stormwater control or BMP in the Township such devices as are necessary to conduct monitoring and/or sampling of the discharges from such stormwater control or BMP.
(d) 
Unreasonable delays (more than 24 hours) in allowing the Township access to a stormwater control or BMP is a violation of this Part.
[Ord. No. 337, 5/15/2024]
(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.
[Ord. No. 337, 5/15/2024]
(a) 
Whenever the Township finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Township 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 connections or 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 controls and BMPs; and
(7) 
Operation and maintenance of stormwater controls and BMPs.
(b) 
Such notification shall set forth the nature of the violations and establish a time limit for correction of these violations. 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 the Township or designee, and the expense thereof shall be charged to the violator.
(c) 
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 Township from pursuing any and all other remedies available in law or equity.
(d) 
It shall be unlawful for a person to undertake any regulated activity except as provided in an approved drainage plan or minor drainage plan, unless specifically exempted in § 25-402.
(e) 
It shall be unlawful to violate § 25-406 of this chapter.
(f) 
Inspections regarding compliance with the drainage plan are a responsibility of the municipality.
[Ord. No. 337, 5/15/2024]
(a) 
Any building, land development or other permit or approval issued by the Township may be suspended or revoked, in whole or in part, by the Township for:
(1) 
Non-compliance with or failure to implement any provision of the approved drainage plan, minor drainage plan, O&M agreement or permit;
(2) 
A violation of any provision of this chapter or any applicable law, ordinance, rule, or regulation relating to the regulated activity;
(3) 
The creation of any condition or the commission of any act during construction, development or regulated activity which constitutes or creates a hazard or nuisance, pollution or which endangers the life or property of others.
(b) 
A suspended permit or approval may be reinstated by the Township, in whole or in part, when:
(1) 
The Township or designee has inspected and approved the corrections to the stormwater controls and BMPs, or the elimination of the hazard or nuisance; and/or
(2) 
The Township is satisfied that the violation of this chapter, law, or rule and regulation has been corrected.
(c) 
A permit or approval which has been revoked, in whole or in part, by the Township cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this chapter.
(d) 
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.
[Ord. No. 337, 5/15/2024]
(a) 
Any person violating the provisions of this chapter shall be guilty of a summary offense, and upon conviction, shall be subject to a fine of not less than $500 nor more than $1,000 for each violation, recoverable with costs. Each day that the violation continues shall constitute a separate offense, and the applicable fines are cumulative.
(b) 
The Township may institute injunctive, mandamus, or any other appropriate action or proceeding at law in equity for the enforcement of this chapter with the court of competent jurisdiction to obtain restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.
[Ord. No. 337, 5/15/2024]
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 will provide notification of the violation. After notice is provided, failure to correct violations in a timely manner may result in additional violations.
[Ord. No. 337, 5/15/2024]
(a) 
The Board of Supervisors 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 Township Engineer or other qualified persons designated by the Township.
(1) 
No person shall modify, remove, fill, landscape or alter any SWM BMPs, facilities, areas, or structures without the written approval of the Township.
(2) 
Upon presentation of proper credentials, 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.
(3) 
It shall be unlawful for a person to undertake any regulated activity except as provided in an approved drainage plan, unless specifically exempted from the requirement to submit a drainage plan by this chapter.
(4) 
The developer shall be responsible for providing as-built plans of all SWM BMPs included in the approved SWM site plan. The as-built plans and an explanation of any discrepancies with the construction plans shall be submitted by the developer to the Township.
(5) 
The as-built submission shall include a certification of completion signed by a qualified professional verifying that all permanent SWM BMPs have been constructed according to the approved plans and specifications. If any licensed qualified professionals contributed to the construction plans, then a licensed qualified professional must sign the completion certificate.
(6) 
After receipt of the completion certificate by the Township, the Township may conduct a final inspection.
(7) 
Inspections regarding compliance with the SWM site plan are a responsibility of the Township.
(8) 
The Township may withhold an occupancy permit until a certificate of completion has been provided by the developer.
(9) 
Unless designated otherwise on an approved drainage plan, the owner of the property on which any stormwater BMPs are located shall be responsible for the operation and maintenance of such BMPs. Failure of the property owner to properly operate and/or maintain stormwater BMPs located on their property shall constitute a violation of this chapter.
(b) 
Maintenance of stormwater BMPs involves the purposeful management and care of the BMPs to ensure their continued effectiveness in managing stormwater discharge, reducing pollution, and protecting waterways. For purposes of this section, required maintenance of BMPs shall include but not necessarily be limited to: remove trash and debris from all BMPs; mow vegetated areas as appropriate for vegetative covers species; maintain vegetative cover, including the revegetation of bare spots; repair areas of erosion by placing soil, seeding, and placing straw mulch or erosion control matting as necessary; remove accumulated sediment as required; remove trash and debris from stormwater inlets; remove debris and overgrowth from BMP outlet structures, including outlet orifices, trash racks, and grates to allow free flow of stormwater through the outlet structure; maintain and replace trees and shrubs specified in rain gardens and infiltration BMPs as required; replace amended soils in rain gardens and infiltration BMPs which have become clogged and no longer dewater; repair BMP structural components, including stormwater inlets, BMP outlet structures, pipes, headwalls and endwalls, etc.; and any other maintenance items specified in an approved drainage plan.
[Ord. No. 337, 5/15/2024]
(a) 
Any person aggrieved by any action of the Township or its designee, relevant to the provisions of this chapter, may appeal to Board of Supervisors within 30 days of that action.
(b) 
Any person aggrieved by any decision of Board of Supervisors or Township, 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 Township decision.