ARTICLE
VIII - ENFORCEMENT AND PENALTIES
SECTION 805. ENFORCEMENT REMEDIES
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 Ordinance.
In
the event that a person fails to comply with the requirements of this Ordinance
or fails to conform to the requirements of any permit issued hereunder, the
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 these violations(s).
Failure to comply within the time specified shall subject such person to
the penalty provision of this Ordinance. All
such penalties shall be deemed cumulative and shall not prevent the Municipality
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 Ordinance.
SECTION 803. ENFORCEMENT
The
Township is hereby authorized and directed to enforce all of the provisions of
this Ordinance. All inspections
regarding compliance with the drainage plan shall be the responsibility of the
Township Engineer or other qualified persons designated by the Township.
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.
It shall be unlawful for any person, firm, or corporation to undertake
any regulated activity under Section 104 on any property except as provided for
in the approved drainage plan and pursuant to the requirements of this
Ordinance. It shall be unlawful to
alter or remove any control structure required by the drainage plan pursuant to
this Ordinance or to allow the property to remain in a condition that does not
conform to the approved drainage 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 printed set of as-built drawings to the Township.
3.
Provide a set of as-built drawings to the County Conservation District.
Such plans shall be prepared in accordance with established criteria and
procedures and in a format (electronic or otherwise) as required by the
Conservation District for long-term storage.
D.
After receipt of the certification by the Township, a final inspection
shall be conducted by the Commissioners or its designee to certify compliance
with this Ordinance.
E.
Suspension and Revocation of Permits
1.
Any municipal permit issued under this Ordinance may be suspended or
revoked or a stop work order may be issued by the Township for:
a)
Non-compliance with or failure to implement any provision of the permit.
b)
A violation of any provision of this Ordinance 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,
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 his designee has inspected and approved the
corrections to the stormwater management and erosion and sediment pollution
control measure(s), and/or;
b)
The Township is satisfied that the violation of the Ordinance, law, or
rule and regulation has been corrected.
c)
A permit that has been revoked by the Township cannot be reinstated. The applicant may apply for a new permit under the procedures
outlined in this Ordinance.
F.
Occupancy Permit
An occupancy permit shall not be issued by the Township unless all requirements of this Ordinance have been met. The occupancy permit shall be required for each lot owner and/or applicant for all subdivisions and land development in the Township.
SECTION 804. PUBLIC NUISANCE
A.
The violation of any provision of this Ordinance is hereby deemed a
public nuisance.
B.
Each day that a violation continues shall constitute a separate
violation.
SECTION 805. ENFORCEMENT REMEDIES
A.
Anyone violating the provisions of this Ordinance shall be subject to a
fine of not more than $1,000 for each violation plus court costs and attorney
fees. 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 Ordinance.
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.
SECTION 806. APPEALS
A.
Any person aggrieved by any action of the Township or its designee,
relevant to the provisions of this Ordinance, may appeal to the Township within
thirty (30) days of that action.
B.
Any person aggrieved by any decision of the Township, relevant to the
provisions of this Ordinance, may appeal to the County Court of Common Pleas in
the county where the activity has taken place within thirty (30) days of the
Commissioner’s decision.