The name of the chapter shall be the "Lehigh Township Earth
Disturbance Ordinance."
Except as provided in §
70-2, it shall be unlawful for any person, firm, or corporation to undertake any of the following activities without first securing a permit:
A. To remove vegetated ground cover or improved ground cover;
B. To cut, fill, or change the existing grade of any land;
C. To disturb, modify, block, divert or affect the existing overland
or subsurface flow of stormwater; or
D. To construct, erect or install any dam, ditch, culvert, drain pipe,
bridge or any other obstruction affecting the drainage of any property,
or portion thereof.
The following provisions apply for all activity governed by
the provisions of this chapter:
A. All drainage facilities proposed shall be designed in accordance
with the Township Stormwater Management Ordinance.
B. Lots shall be graded to secure proper drainage away from buildings
and, to the extent possible, away from street areas, except streets
where curbs, storm sewer piping system, or roadside swales exist.
C. All drainage provisions shall be designed to efficiently carry surface
waters to the nearest street (if curbs, adequately sized storm sewer
piping system or swales exist), storm drain, or natural watercourse.
If the aforementioned facilities do not exist, then in that event,
stormwater shall be evenly dispersed over the lot so as to best promote
infiltration of stormwater into the ground within the boundaries of
the subject lot and to minimize impacts to adjacent properties and
roads. The design shall clearly indicate how this will be achieved.
D. The permittee shall construct and/or install such drainage structures
and/or pipes which are necessary to prevent erosion damage and to
satisfactorily manage surface waters in accordance with Title 25,
Rules and Regulations, Part I, Commonwealth of Pennsylvania Department
of Environmental Protection, Subpart C, Protection of Natural Resources,
Article II, Water Resources, Chapter 102, Erosion Control. Any drainage
system not operating as planned shall be corrected at the expense
of the applicant.
E. No person, firm, or corporation shall modify, fill, excavate, or
regrade the land in any manner as to endanger or damage any adjoining
public street, sidewalk, alley, or any other public or private property
without protecting such property from settling, cracking, erosion,
sediment, stormwater pooling, or other physical damage or personal
injury which might result. Such activity without such protection will
constitute a violation punishable by the provisions of this chapter.
F. No person, firm, or corporation shall deposit or place any debris
or other material whatsoever, or cause such to be thrown or placed,
in any drainage ditch or drainage structure in such a manner as to
obstruct free flow.
G. Stockpiled topsoil shall be protected from erosion.
H. All disturbed areas shall be seeded, sodded, and/or planted or otherwise
protected from erosion within 60 days of ground breaking, and shall
be watered, tendered, and maintained until growth is well established.
If state regulations require a shorter time, the shorter time shall
be required.
I. All permanent grading shall be designed and undertaken to meet the
following criteria:
(1) Provide positive surface drainage away from on-site sewage disposal
systems; and
(2) Provide positive surface drainage away from buildings and structures
(except for structures designed for acceptance of that drainage);
and
(3) Provide that no cutting or filling, either temporarily or permanently,
shall be allowed to occur within five feet of any property line, except
at locations where specific grading and/or drainage easements exist
for the purposes of such grading, and/or is shown on a grading plan
approved as part of a subdivision of lots.
J. The permittee shall limit stormwater runoff rate and concentration
from the subject lot to other lands in a manner that will minimize
risk of damage to downstream property owners in accordance with the
Township Stormwater Management Ordinance.
K. The existing points of concentrated or sheet flow drainage discharge
onto adjacent property receiving stormwater runoff from a watershed
of 2,500 square feet or more shall not be altered without written
approval of the affected property owner(s).
(1) If the developer verifies that they have made reasonable attempts
to secure such approval and verifies that such approval will not be
granted by the affected property owner(s), the Township Board of Supervisors
may waive this requirement with the receipt of the following documentation:
(a)
Documentation of the developer's request for affected owner's
approval.
(b)
Documentation from the developer's engineer certifying that
the alterations proposed will not adversely affect the downstream
property owner.
(c)
An indemnification and hold-harmless agreement from the developer
proposed as a covenant running with the land.
(2) All such documentation must be provided to the satisfaction of the
Township Board of Supervisors.
Any permit issued under this chapter may be revoked or suspended
by the Township after notice by the Township for:
A. Failure to carry out the soil erosion control or stormwater control
measures described in the application documents and/or failure to
satisfy the provisions of the earth-moving and grading and restoration
time schedule described in the application documents or within such
reasonable extensions as may be granted by the Township.
B. Violation of any other condition of the permits.
C. Violation of any provision of this chapter or any other applicable
law, ordinance, rule, or regulation relating to the work; or
D. Existence of any condition or the doing of any act constituting or
creating a nuisance, hazard, or endangering human life or the property
of others.
For any and every violation of the provisions of this chapter,
the permittee, owner, agent, or contractor where such violation has
been committed or shall exist; the lessee or tenant of an entire building
or entire premises where such violation has been committed or shall
exist; the permittee, owner, agent, contractor, lessee or tenant or
any part of a building or premises in which part such violation has
been committed or shall exist; and the permittee, owner, agent, architect,
contractor or any other person who knowingly commits, takes part,
or assists in any such violation or who maintains any building or
premises in which any such violation exists; shall be liable on conviction
thereof before a District Justice to pay a fine or penalty not to
exceed $1,000 for each and every offense. Any such enforcement action
shall be brought before a District Justice in the same manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure. Whenever such person, or persons, shall have
been notified by the Township Zoning Officer, Township Engineer, or
the Township Board of Supervisors, or the Township Solicitor, by service
of a complaint in a prosecution, or by registered mail, that a violation
of this chapter is being committed, each day's continuance of such
violation after such notification shall constitute a separate offense
punishable by a like fine or penalty. Such fines and penalties shall
be collected as like fines or penalties are now collected by law.