A. Penalties. Any person who shall violate any provision of this chapter shall be issued a summons and, upon conviction, the person, firm or corporation violating any provision of this chapter shall be sentenced to pay a fine of not more than $1,000, nor less than $500, plus all court costs, including reasonable attorney’s fees incurred as a result of the prosecution. Each day that a violation of this chapter continues shall constitute a separate offense.
B. Remedy of violation. In addition to the penalties as set forth in Subsection A. above, any property subjected to earthmoving or stripping activities performed in violation of this chapter shall be restored to its previous condition, including replacement of excavated earth, removal of illegally placed fill, and restoration of grades and planting. In order to enforce this section the Township Solicitor may seek injunctive relief in accordance with the rules of civil procedure.
C. Revocation or suspension of permit. Any permit issued under this chapter, including those issued through approval of subdivision and land development plans, may be revoked or suspended by the Board of Commissioners, after notice to the permittee for:
(1) Failure to carry out the erosion and sedimentation control measures described in the application and/or accompanying plans at the times specified in the erosion and sedimentation control plan’s construction schedule or within any extension that may be granted by the Township.
(2) Violation of any other condition of the grading permit.
(3) Failure to carry out the erosion and sedimentation control measures described in the application and/or accompanying plans in a reasonable and workmanlike manner.
(4) Violation of any provision of this chapter or any other applicable law, ordinance, rule, or regulation relating to the earthmoving and/or stripping activities.
(5) The existence of any condition or the doing of any acts constituting or creating a nuisance, hazard or endangering human life or the property of others, including, without limitation, the discharge of sediments from the site or the failure of the control to prevent accelerated erosion or waterborne sediment from leaving the site of construction.
D. Nonconforming work. If at any stage of construction, the earthmoving and/or stripping activities do not conform to the grading permit to the accompanying plans and specifications, including modifications thereof; or for any violation of this chapter, a written notice to comply shall be given to the permittee. Such notice shall set forth the nature of corrections required and the time within which corrections shall be made.
(1) Upon failure to comply within the time specified, the permittee shall be considered in violation of this chapter and shall be subject to the following penalties and sanctions:
(a) The Township, upon recommendation of the Township Engineer and following hearings thereon, may revoke or suspend the subdivision and land development approval pursuant to which the work is being done, thereby prohibiting the conveyance of any lot in the subdivision.
(b) The revocation of any building permit issued to the offending permittee that has been issued pursuant to the grading permit and accompanying plans.
(c) A prohibition on the issuance of any further building permits for any lots.
(d) The financial security, if any, shall be forfeited and penalties shall be imposed under Subsection A. above.
(2) The above-referenced sanctions shall be specified in the notice to comply provided above. Any and all remedies are cumulative, and the exercise of one shall not prohibit the exercise of any other remedies contained in either this subsection, this chapter, or other applicable ordinances.
(3) In the case of any paving, filling, stripping, grading or regrading; any disturbing, modifying, blocking or diverting the natural overland subsurface flow of stormwater; or any construction, erection and installation of any dam, ditch, culvert, drainpipe, bridge or any other structure or obstruction affecting the drainage of any parcel in violation of this chapter or any regulations made pursuant thereto, the proper Township authorities, in addition to other remedies provided by law, may institute any appropriate action or proceedings to prevent such unlawful activity; to restrain, correct or abate such violation; to prevent the use of the applicable premises; or to prevent any illegal act, conduct, business or use in or about such premises. In addition, upon the failure of any permittee to complete the control measures specified in the application, the Township may, after revoking such permit, proceed to complete such measures itself and recover the cost thereof from the permittee or its surety, and may file a municipal lien therefore.