[HISTORY: Adopted by the Board of Commissioners of the Township
of Springfield 9-13-1967 by Ord. No. 556. Section 111-6 and 111-10
amended at time of adoption of Code; see Ch. 1, General Provisions.
Other amendments noted where applicable.]
It shall be unlawful for the owner of any land to stop, fill
up, confine, pave or otherwise interfere with or change the course
of any drain, ditch, stream or watercourse in the Township of Springfield
without first obtaining from the Township Building Inspector a permit
authorizing such work to be performed; and no drain, ditch, stream
or watercourse shall be stopped, filled up, confined, paved or otherwise
interfered with or the course thereof changed, except in strict accordance
with the terms and conditions of such permit and the plans and specifications
submitted therewith.
The application for a permit shall be in a form prescribed by
the township, verified by affidavit made by the owner, accompanied
by plans and specifications prepared by a registered engineer or surveyor.
The plans and specifications shall show the exact nature of the work
to be performed, the course, structure and capacity of all drains,
ditches, streams and watercourses, the method of drainage of the adjacent
or contiguous territory, and any other necessary information and explanatory
details required by the township. All designs shall conform to the
Township of Springfield Standards or the Pennsylvania Department of
Forests and Waters, Water Power and Resources Board Standards, where
applicable.
Before approving the application, the township shall, where
it is deemed necessary, be assured by means of a proper completion
guaranty, in the form of a bond with surety satisfactory to the township,
or the deposit of funds or securities in escrow sufficient to cover
the cost of the required construction, as estimated by the Township
Engineer, that the said construction will subsequently be performed
by the owner.
The application and plans and specifications shall be submitted
in quadruplicate to the Township Engineer. The plans shall be referred
to a departmental committee composed of the Township Engineer, as
Chairman, the heads of the departments and bureaus of the township,
and such other township employees as the Chairman may appoint. The
Departmental Committee of the township may require alterations, changes
or modifications in the plans and specifications which it deems necessary,
and may refuse a permit until such alterations, changes or modifications
have been made. If the Departmental Committee shall disapprove of
the plans and specifications submitted and refuse a permit, the reasons
therefor will be set forth in writing and given to the applicant,
who may, within 30 days thereafter, appeal to the Board of Commissioners.
Before acting upon such appeal, the Board of Commissioners may, in
its discretion, arrange for a public hearing, after giving such notice
as it deems desirable. The appeal will be considered at the next regular
meeting of the Board, and its decision will be final. The Township
Building Inspector will issue a permit to the applicant upon favorable
action by the Departmental Committee of the Board of Commissioners.
The Township Engineer shall be notified at least 24 hours in
advance of the commencement of the work in order that provision may
be made for proper inspection thereof. Samples of material and every
reasonable facility for ascertaining whether the work is in conformity
with the provisions of this chapter and the Springfield Township Subdivision
Ordinance,[1] or any supplements or amendments thereto, shall be furnished
to the proper officers of the township.
[Amended 11-11-1970 by Ord. No. 600; 1-9-1980 by Ord. No. 692; 7-11-1984 by Ord. No. 725]
An application fee of $50 shall be paid to the Township Engineer
when the application is filed, plus an amount equal to 5% of the estimated
cost of the work as determined by the Township Engineer for the necessary
inspection. The inspection charge shall be at the rate of $30 per
hour or portion thereof, portal to portal, that a Township Inspector
is engaged on the work and also shall include the actual cost of any
material tests. Upon completion of the work, any moneys collected
for inspection or material tests not expended shall be refunded to
the owner or applicant.
The Township of Springfield shall have no responsibility with
respect to conditions arising as a result of the failure on the part
of any person to comply with the requirements of this chapter.
The Commissioners of the Township of Springfield may enter upon
any land or enclosures and cut, open, maintain and repair such drains
or ditches through the same as in their judgment are necessary to
carry the water from the streets or highways.
Nothing contained in this chapter shall be held to restrict
or limit the Pennsylvania Department of Highways, or any county, in
the exercise of any of its powers and duties under the provisions
of any law of the Commonwealth of Pennsylvania, nor to obviate the
necessity of securing the consent of the Water and Power Resources
Board where required by existing law.
[Amended 7-13-1988 by Ord. No. 756]
Any person violating any of the provisions of this chapter shall,
upon conviction thereof in a summary proceeding, be sentenced to pay
a fine not exceeding $1,000 and costs, for each offense, and when
any person shall have been notified by the Township Engineer, or by
service of a summons in a prosecution or any other way, that he is
committing a violation of this chapter, each day in which the violation
is continued after such notification shall constitute a separate offense
punishable by like penalty.
