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Township of West Goshen, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of West Goshen 3-23-1982 by Ord. No. 3-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 28.
Stormwater management — See Ch. 71.
Subdivision of land — See Ch. 72.
Zoning — See Ch. 84.
The purpose of this chapter is to regulate modification of natural terrain and the alteration of drainage by providing for runoff, erosion and sediment control measures and maintenance of artificial structures and surfaces within West Goshen Township to assure, protect and safeguard the health, safety and general welfare. It implements 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, as the same may from time to time be supplemented and amended.
This chapter shall be known and cited as the "West Goshen Township Soil Erosion, Sedimentation and Grading Control Ordinance."
As used in this chapter, the following definitions shall apply:
APPROVED FORESTER
A member in good standing of the Association of Consulting Foresters or an individual who has obtained a bachelor of science degree in forestry from a forestry program accredited by the Society of American Foresters.
[Added 3-24-1987 by Ord. No. 3-1987]
BASAL AREA
The cross-sectional trunk area of a tree at a height of 4 1/2 feet above ground level.
[Added 3-24-1987 by Ord. No. 3-1987]
BEDROCK
The solid, undisturbed rock in place either at the ground surface or beneath surface soil deposits.
BORROW PIT
An open pit from which soil is excavated as a single incident for use at a single construction site.
BREAST HEIGHT
A height 4 1/2 feet above ground level.
[Added 3-24-1987 by Ord. No. 3-1987]
DESIGN STORM
A storm with a one-hundred-year frequency.
DEVELOPMENT
Any subdivision or land development or any alteration of land not for agricultural or conservation purposes which includes earthmoving, filling or stripping on a tract of one or more acres, including but not limited to road construction, utility installation, public, commercial or industrial facility construction, mining and quarrying and water resource management.
EARTHMOVING
Any activity by which soil or bedrock is cut into, quarried, displaced or relocated, including, but not limited to, construction, mining, timber harvesting and grubbing. Also called "earth disturbance."
[Amended 3-10-2004 by Ord. No. 3-2004]
EROSION
The process by which soil and bedrock are worn away by the action of wind, water, climate and other natural elements.
EXISTING GRADE
The vertical elevation of the ground surface prior to earthmoving or filling.
FILL
A deposit of soil or other materials placed by man.
FINISHED GRADE
The final vertical elevation of the ground after development.
FOREST MANAGEMENT PLAN
A comprehensive plan which shall set forth the objectives, scope and manner of the contemplated tree harvesting operation, the anticipated short- and long-term effects of the harvesting operation on the quantity and composition of the vegetation, including trees, in the area of the tree harvesting operation and such other information as may be required pursuant to § 69-6.
[Added 3-24-1987 by Ord. No. 3-1987]
GRADING PERMIT
The permit required to be issued prior to the disturbance of the topography and vegetation of land in connection with the conduct of activities regulated by this chapter.
INTERIOR AREAS
Those areas on a property which are more than 50 feet distant from all of the boundary lines of a lot.
[Added 3-24-1987 by Ord. No. 3-1987]
LOT
Any tract or parcel of land.
[Added 3-24-1987 by Ord. No. 3-1987]
NATURAL GROUND SURFACE
The ground surface in its original state before any earthmoving, filling or stripping.
OPEN PIT MINING
The continuing or recurring removal of material from below the ground surface by open excavation.
PERMIT
A grading permit.
PERSON
Any individual, corporation, partnership, joint venture, unincorporated association, municipal corporation or agency within the Commonwealth of Pennsylvania or any combination thereof.
SEDIMENT
Earth and rock in suspension in water or settled out of water as a deposit on land or on beds of bodies of water.
SEDIMENTATION
The process by which sediment is deposited.
SITE
Any lot or parcel of land or combination of contiguous lots or parcels of land under single and separate ownership where earthmoving, filling or stripping is, was or will be performed.
SOIL
All earth material of whatever origin that overlies bedrock.
SOIL EROSION AND SEDIMENT CONTROL PLAN
A plan of a system of coordinated devices to prevent the dislocation in transportation of the soil during periods of earthmoving, development or stripping.
STORMWATER MANAGEMENT PLAN
A plan for controlling water runoff so that it will not cause erosion or flooding and for minimizing the effects of impervious areas on water runoff.
STRIPPING
The removal of the natural ground surface, including vegetation and/or topsoil.
TOPOGRAPHY
The physical features of a site, place or region.
TOWNSHIP
The Township of West Goshen.
TREE HARVESTING OPERATION
The uprooting or removal of trees for the purpose of allowing or encouraging the natural regeneration or preservation of a tree stand on a lot which has a gross area, prior to any subdivision or land development, of more than three acres. This term shall not include the removal of up to four trees per acre from any lot.
[Added 3-24-1987 by Ord. No. 3-1987]
VEGETATION
The plants located on a site or in an area or region.
WATERCOURSE
Any natural or artificial swale, stream, channel, drain or culvert in which water flows continuously or intermittently. Such term shall include, but not be limited to, a channel, creek, ditch, drain, dry run and stream.
[Amended 3-10-2004 by Ord. No. 3-2004]
The regulations established in this section shall apply to any person engaged in activities which disturb the topography and vegetation of land:
A. 
It is unlawful for any person to do any site work in conjunction with development, including but not limited to stripping, grading, earthmoving, filling and establishment of open pit mines or borrow pits, for any purpose without first securing a grading permit.
B. 
It is unlawful for any person to pave, fill, strip or change the existing grade of any land without first securing a grading permit.
C. 
It is unlawful for any person to disturb, modify, block, divert or affect the natural overland or subsurface flow of stormwater without first securing a grading permit.
D. 
It is unlawful for any person to construct, erect or install any dam, ditch, culvert, drainpipe, bridge or other structure or obstruction affecting the drainage of any premises without first securing a grading permit.
E. 
It is unlawful for any person to engage in any forestry or tree harvesting operation on a lot without first submitting a forest management plan and securing a grading permit.
[Added 6-11-1985 by Ord. No. 8-1985; amended 3-24-1987 by Ord. No. 3-1987; 5-9-2001 by Ord. No. 6-2001]
F. 
It is unlawful for any person to harvest, clear away or remove any living tree having a caliper of four inches or greater at breast height without first securing a permit. No permit shall be approved for such purpose, except as authorized by the Township Building Inspector pursuant to § 69-7 of this chapter. However, no permit shall be required when none of the activities described in Subsections A, B, C, D and E of this section are involved and:
[Added 3-24-1987 by Ord. No. 3-1987]
(1) 
The concerned lot has a gross area prior to any subdivision or land development of three acres or less; or
(2) 
For the annual removal of up to four trees per acre on any lot.
No permit shall be required in the following instances:
A. 
Any activity for which a grading permit or equivalent must be obtained from any agency of the Commonwealth of Pennsylvania.
B. 
Normal agricultural operations.
C. 
Any developed residential lot where the following conditions are met:
(1) 
The aggregate area to be stripped does not exceed 5,000 square feet.
(2) 
The grade change does not exceed six inches.
(3) 
All bare earth is promptly seeded, sodded or otherwise effectively protected from erosion.
(4) 
The earthmoving does not involve a quantity of material in excess of 100 cubic yards.
D. 
Earthmoving incident to construction of individual wells and sewage disposal systems.
[Added 3-24-1987 by Ord. No. 3-1987[1]]
A. 
To be approved, a forest management plan must be submitted to the Township Building Inspector not less than 10 nor more than 90 days prior to the commencement of the planned tree harvesting operation, and such plan shall include the following elements:
(1) 
An identification of the concerned lot, all of the legal owners of the lot, the mailing address(s) of the owners and phone number(s) at which they can be reached during normal business hours.
(2) 
A drawing of the lot identifying significant topographical features, streams, vegetation, etc., and identifying those portions of the lot to be the subject of the tree harvesting operation.
(3) 
A description, submitted by an approved forester, of the planned tree harvesting operation as well as a description of the planned replanting of the lot. Where no replanting is planned, a statement from the approved forester describing the reasons why, in his opinion, the characteristics of the lot and vegetation situate thereon make natural regeneration appropriate or why such replanting is not otherwise necessary.
(4) 
An analysis by the approved forester of the soil erosion likely to occur as a result of the planned tree harvesting operation and recommended counter-erosion measures.
(5) 
A description of the counter-erosion measures that will be utilized by the lot owners.
B. 
The following restrictions and conditions shall apply to any approved forest management plan:
(1) 
All holes created in the course of any tree harvesting operation shall be filled to grade with soil.
(2) 
The total number of trees harvested over any three-year period may not exceed 65% of the total basal area per acre in interior areas other than those described in Subsection B(3) of this section.
(3) 
In areas within 50 feet of lot boundaries, the total number of trees harvested over any three-year period may not exceed 40% of the total basal area per acre in such area. Moreover, harvesting in these boundary areas may not be undertaken in such a manner as to concentrate most or all of the tree harvesting in portions of such boundary areas, if the result thereof would be the harvesting of more than 40% of the trees in such portions.
C. 
Township approval may not be unreasonably withheld for any forest management plan which meets all of the above requirements. However, the Township may impose such additional requirements as it may reasonably deem to be necessary to ensure compliance with the purposes of this chapter and the provisions of the Township Zoning Ordinance[2] establishing buffer zones and screening requirements.
[2]
Editor's Note: See Ch. 84, Zoning.
D. 
The requirements of this section shall be in addition to and not a substitute for the requirements of § 69-7 of this chapter or any other requirements imposed by law or ordinance.
[1]
Editor's Note: This ordinance also redesignated former §§ 69-6 through 69-14 and §§ 69-7 through 69-15, respectively.
A. 
Any person proposing to engage in any activity requiring a permit hereunder shall apply for a grading permit by written application on a form available from the Township. Such permit shall require the applicant's agreement to comply with the regulations established in § 69-9 hereof upon the permit's issuance. Failure of the applicant to abide by such regulations shall be a violation of the provisions of this chapter.
B. 
The application for permit shall be accompanied by a plan of the property showing as a minimum:
(1) 
An area plan delineating the property's boundaries as well as the specific areas of the site on which the work is to be performed and describing existing and proposed features of the property and the area surrounding the site of the work, including topography, existing vegetation, watercourses, man-made features, the affected watersheds and other natural features.
(2) 
A topographical survey of the site depicting topographic features, both existing and proposed, at a suitable scale of no less than one inch equals 50 feet and contour intervals of no more than two feet, prepared by a registered surveyor or registered engineer, including a boundary line survey, the location and description of vegetative cover, soil types and other pertinent existing natural or man-made features.
(3) 
An improvements plan at the same scale as the topographical survey showing and describing all changes to the site, including cuts, fills, structures, paving and utilities.
(4) 
A soil erosion and sediment control plan.
(5) 
A stormwater management plan.
(6) 
A time schedule indicating the anticipated starting and completion dates of the development sequence, the expected date of completion of construction of each protective measure provided for in the soil erosion and sediment control plan and the stormwater management plan and the time of exposure of each area prior to completion of such measures.
(7) 
When the area of the site to be disturbed exceeds one acre or when smaller sites are environmentally sensitive because of the presence of watercourses or unusual drainage conditions the soil erosion and sediment control plan and the stormwater management plan, including permanent stormwater management devices, features and facilities, shall be prepared by a registered professional engineer, agronomist or other professional qualified in hydrology. Supporting data and engineering calculations shall be submitted with these plans. The minimum design criteria shall be as follows:
(a) 
Peak rate of discharge at any time may not exceed the existing peak (predevelopment) rate of discharge.
(b) 
The United States Soil Conservation Service soil-cover complex method for determining the rate and quantity of water runoff shall be used. If the applicant can demonstrate the inappropriateness of such method, calculations may be based upon other generally accepted and applicable engineering methods when approved by the Township Engineer. The design criteria for storm sewer piping, inlet systems, retention basins, spillways, culverts, swales and all related facilities shall be those published by the United States Department of Agriculture, Soil Conservation Service. The coefficient of runoff use for all areas upstream of any drainage structure shall be computed on the basis of the land use permitted by the Township's Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 84, Zoning.
(c) 
Storage requirements for water and sediment during construction shall be based on a one-hundred-year twenty-four-hour storm frequency, which is 7.2 inches of rainfall within a twenty-four-hour period.
(d) 
Water storage for permanent stormwater management shall be based on a one-hundred-year twenty-four-hour storm frequency, which is 7.2 inches of rainfall within a twenty-four-hour period.
(e) 
All drainage facilities shall be designed in the most practicable fashion to control surface water runoff in such manner as to prevent erosion and flooding. Such facilities shall be designed to retard the rate of stormwater runoff to approximately the same rate as that existing prior to construction.
(f) 
No slopes deeper than two horizontal to one vertical shall be permitted. Slopes steeper than three horizontal to one vertical shall be peg-sodded or seeded and covered with jute matting or similar material. Natural or existing slopes exceeding five horizontal to one vertical shall be benched or continuously stepped into competent materials, as determined by the Township Engineer, prior to placing all classes of fill.
(g) 
Fills toeing out on natural slopes steeper than four horizontal to one vertical shall not be made unless approved by the Township Engineer after receipt of a report by a registered professional engineer, qualified in soils analysis, certifying that he has investigated the property, made soil tests and that, in his opinion, such steeper slopes will safely support the proposed fill.
(h) 
All graded surfaces shall be seeded, sodded and/or planted or otherwise protected from erosion as soon as practicable and shall be watered, tended and maintained until growth is well established at the time of completion and final inspection. The disturbed area and duration of exposure shall be kept to a practical minimum.
(i) 
If load-bearing fill is proposed, a soils investigation report shall be submitted which shall consist of test borings, laboratory testing and engineering analysis to correlate surface and subsurface conditions with the proposed grading plan. The report shall include data regarding the nature, distribution and supporting ability of existing soils and rocks on the site, conclusions and recommendations to ensure stable soil conditions and groundwater control, as applicable. The Township may require such supplemental reports and data as are deemed necessary by the Township Engineer.
(j) 
The design, installation and maintenance of erosion and sedimentation control measures shall be in accordance with guidelines as may be established from time to time by the Soil Conservation Service, United States Department of Agriculture.
(k) 
All trees threatened by a grade change shall be protected with suitable tree wells or mounds unless removed. However, extreme precaution shall be taken to prevent the unnecessary removal of trees.
(l) 
If requested by the Township, the applicant shall agree to the granting and recording of easements for drainage facilities and for easements for the maintenance of swales and for access easements to provide for the maintenance of water management facilities.
C. 
The requirements of this chapter shall be in addition to rather than in substitution of those provisions of the Township Subdivision and Land Development Ordinance[2] relating to storm and surface drainage and stormwater management, grading and erosion control and stormwater management criteria. The Township Engineer may, in his discretion, authorize variances from strict adherence to the permit application provisions of this chapter when a subdivision or land development application is being reviewed by the Township under the Subdivision and Land Development Ordinance and when, in such review procedure, the Township Engineer determines that the data required to be submitted in an application for a permit hereunder has been included in the subdivision or land development plans and such plans are supported by documentation in substantial compliance with the requirements of this chapter. In such cases, the subdivider or land developer shall not be obligated to make application for a permit hereunder.
[2]
Editor's Note: See Ch. 72, Subdivision of Land.
D. 
A separate application shall be required for each grading permit. Three copies of all plan documents referred to in this section shall be submitted with each application, one of which, at the discretion of the Township Engineer, shall be submitted to the Chester County Conservation District for review and comment.
A. 
The Board of Supervisors shall by resolution establish a schedule of fees and a collection procedure for all permit applications. The required fee shall be submitted with the application which shall not be considered for approval until the application fee is paid.
B. 
The Township's consulting engineer shall review the applicant's permit application, together with all plans, surveys, schedules, design criteria and other documents submitted or required to be submitted as part of the permit application procedure, together with any and all amendments thereto, and shall prepare a report of his findings and recommendations with respect to same for the Township as he shall determine necessary, and prior to the issuance of any permit or permits. In addition, the Township Engineer shall perform all inspections of the work in progress and as completed. The cost of all such plan review and inspections shall be paid for by the applicant, and the Board of Supervisors may, from time to time, establish by resolution a schedule of fees and a collection procedure for all applications; provided, however, that such schedule of fees shall not be necessary if otherwise provided for.
C. 
The Township Solicitor shall review such portion of the plans and documents submitted with the application or submitted in conjunction with the application as the Township shall require and shall prepare such additional documentation, including reports, agreements, easements or other legal documents necessary to ensure compliance with the provisions of this chapter. The cost of all such plan review and document preparation shall be paid for by the applicant in accordance with the procedure established in Subsection D of this section.
D. 
To ensure payment of all review and inspection fees, at the time of application, the applicant shall deposit with the Township a sum sufficient to cover the costs of such plan review, together with the cost of three inspections by the Township Engineer unless he determines that fewer inspections will be required. The Board of Supervisors may establish a schedule of necessary deposits in conjunction with any application. Payments for the cost of all plan reviews and inspections over the amount on deposit at any time shall be made by the applicant within 30 days of billing by the Township.
E. 
The cost of all plan reviews and inspections made by either the Township Engineer or the Township Solicitor shall be at the rate regularly billed to the Township by such Engineer or Solicitor.
F. 
If the applicant has paid a fee under any other Township ordinance which is applicable to the requirements of this chapter, such as the Subdivision and Land Development Ordinance, the Township may waive any and all of the fees under this chapter as it determines to be equitable.
G. 
The Township Engineer shall approve and issue all permits in letter form, and no work shall commence without the issuance of such approval.
A. 
The permittee is responsible for any property damage or personal injury caused by his activity authorized by the permit.
B. 
No person shall modify, fill, excavate, pave or regrade land in any manner as to endanger or damage public or private property or to cause physical damage or personal injury. All precautions will be taken to prevent any damage to adjoining streets, sidewalks, buildings and other structures which could be caused by settling, cracking, erosion or sediment.
C. 
No person shall fail to adequately maintain in good operating order any drainage facility on his premises. All watercourses, drainage ditches, culverts, drainpipes and drainage structures shall be kept open and free-flowing at all times.
D. 
No person shall deposit or place any debris or other material in any watercourse, drainage ditch or structure in such a manner as to obstruct free flow.
E. 
The owner of any property on which any work has been done pursuant to a permit granted under this chapter shall continuously maintain and repair all graded surfaces and antierosion devices, such as retaining walls, drainage structures or means, plantings and ground cover installed or completed. This obligation shall apply not only to the permit holder but also to his successors in title to the property.
F. 
All finish graded surfaces shall be seeded, sodded, planted or otherwise protected from erosion immediately upon completion of the grading operation and shall be watered, tended and maintained until growth is well established. The disturbed area and duration of exposure shall be kept to a practical minimum.
G. 
Precautions shall be taken to prevent the unnecessary removal of trees and to assure their protection by suitable tree wells, as determined by the Township Engineer.
H. 
When required, adequate provision shall be made for dust-control measures as determined by the Township Engineer.
I. 
The installation and maintenance of erosion and sediment control measures shall be accomplished in accordance with standards and specifications established by the United States Department of Agriculture Soil Conservation District, except as otherwise required by this chapter or other applicable Township ordinance.
J. 
Wherever load-bearing fill material is to be used, each layer of compacted fill shall be tested to determine its dry density per ASTM D 1556. The density of each layer shall not be less than 95% of maximum dry density as determined by ASTM D 1557.
K. 
Inspections shall be conducted in accordance with the general procedure outlined in § 69-10.
L. 
Compaction test reports shall be kept on file at the site and be subject to review at all times by the Township Inspector.
M. 
Major modifications of the approved application and plans shall be submitted to the Township and reprocessed in the same manner as the original application and plans. Field modifications of a minor nature may be authorized by the Township Inspector, provided that written authorization is given to the person performing work pursuant to this chapter, with a copy forwarded to the Soil and Water Conservation District.
N. 
Trees.
[Added 6-11-1985 by Ord. No. 8-1985]
(1) 
No living tree having a caliper of four inches or greater at breast height shall be harvested, cleared or removed unless and until a permit has been issued pursuant to § 69-7 of this chapter. The Township Building Inspector shall not approve a permit which results in substantially increased runoff or which shall otherwise impair the environmental integrity of the land for which the permit is sought or adjacent properties affected thereby.
[Amended 3-24-1987 by Ord. No. 3-1987]
(2) 
During grading and construction activities on the site for which a permit has been issued, the permit holder and all persons working on the site shall exercise care to prevent damage to trees which are to remain. The following procedures shall be mandatory, and failure to follow them shall subject the violator to the penalty provisions of § 69-15 of this chapter:
(a) 
Where existing ground levels are changed, drainage tile shall be placed at the old soil level and shall open into a well built around the base of the tree. Such well may be left open or, if the tree will not be injured or damaged thereby, can be filled with pour stones or gravel. Tiles may either be installed in a radiating pattern or laid in parallel lines.
(b) 
Trees within 25 feet of a building or structure site or bordering entrances or exits to building or structure sites shall be protected by wiring wooden slats around such trees. For purposes of this chapter, the terms "building" and "structure" shall be as defined in § 84-8 of Chapter 84 hereof.
(c) 
No boards or other materials shall be nailed to trees during construction, grading or tree removal activities.
(d) 
Heavy-equipment operators shall be warned to avoid damaging existing tree trunks and roots. Feeder roots shall not be cut closer than 25 feet from tree trunks.
(e) 
Tree trunks and exposed roots damaged during construction shall be protected from further damage by being treated immediately with tree paint or comparable protective covering.
(f) 
Tree limbs damaged during construction shall be sawed flush to tree trunks and immediately treated with tree paint or comparable covering.
(g) 
Both deciduous and nondeciduous trees disturbed or affected by development or any activity proscribed by § 69-4E shall be given application or applications of fertilizer, as recommended by the manufacturer of the fertilizer, to aid in their recovery from possible damage by grading and construction activities.
(h) 
Construction debris shall not be disposed of near or around the bases of trees.
(i) 
Where removal of trees has been approved as a consequence of required construction activities, the permittee shall be required to replace at least 50% of such removed trees with a mixture of deciduous and nondeciduous trees having a minimum caliper of 1 1/2 inches at breast height. The permittee shall submit a landscape plan to the Board of Supervisors for its approval to any such removal. The Board shall have a period of 90 days from such submission to review the landscape plan and may, for such purpose, employ consultants to aid in its review.
[Amended 3-24-1987 by Ord. No. 3-1987]
A. 
All inspections shall be the responsibility of the Township Engineer or Building Inspector. The permittee shall notify the Township Building Inspector at least 48 hours before any work is undertaken pursuant to an issued permit.
B. 
Inspections will be carried out on a random basis, except as stated in Subsection D of this section. A set of as-built plans shall be on file at the site and at the Township Office at all times during the course of work carried out pursuant to the permit.
C. 
Engineering check notes shall accompany all as-built plans which involve structural or mechanical measures and shall serve as supporting evidence that structures meet design standards and specifications as contained herein.
D. 
A final inspection shall be conducted by the Township Engineer or Building Inspector to certify compliance with this chapter. Satisfactory compliance shall be necessary before issuance of an occupancy permit, if applicable.
Any permit issued under this chapter may be revoked or suspended by the Board of Supervisors of the Township, after notice to the permit holder for:
A. 
Failure to carry out the control measures described in the application at the appropriate times as specified in the applicable time schedule or within such reasonable extension as may be granted by the Township Engineer.
B. 
Violation of any other condition of the permit.
C. 
Violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation relating to the work.
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.
Every permit issued hereunder shall expire at the end of six months from the date of issuance. The permittee shall fully perform and complete all of the work required to be done within the time limit specified in the permit. If the permittee shall be unable to complete the work within the specified time, he shall, within 30 days prior to expiration of the permit, present in writing to the Township a request for an extension of time, setting forth therein the reasons for the requested extension. If, in the discretion of the Township Engineer, such an extension is warranted, he may grant additional time for the completion of the work. Where the Township Engineer determines that the extension of time will require a substantial modification of the soil erosion and sediment control plan and/or the stormwater management plan, any extension of a permit shall be subject to approval of such revised plans in accordance with the applicable procedure of this chapter.
Before the issuance of a permit for a project which exceeds five acres, the applicant shall deposit with the Township financial security in an amount sufficient to cover the cost of all of the improvements, control measures and other conditions specified in the permit within the time specified by this chapter, or within any extension thereof granted by the Township Engineer. The amount of such financial security shall be equal to 110% of the cost of the work and required improvements for which the permit has been issued. The form of financial security, the method of cost calculation and the release of the posted security shall be in conformity with those provisions set forth in the Township Subdivision and Land Development Ordinance[1] with respect to public improvement guaranties.
[1]
Editor's Note: See Ch. 72, Subdivision of Land.
A. 
If at any stage the work does not conform to the permit, including conditions thereof, or to the plans and specifications, including modifications thereof, or to the approved runoff and erosion control plan, 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. Upon failure to comply within the time specified, the permittee shall be considered in violation of this chapter, in which case the bond, if any, shall be forfeited and penalties shall be imposed under § 69-15 of this chapter.
B. 
In 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 premises 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 permit holder to complete the control measures specified in his application, the Township may, after revoking such permit, proceed to complete such measures itself and recover the cost thereof from the permittee or his surety.
[Amended 6-23-1992 by Ord. No. 9-1992; 7-24-1996 by Ord. No. 7-1996; 6-12-2013 by Ord. No. 06-2013]
Any person who violates or permits the violation of any provision of this chapter shall, upon conviction thereof in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be subject to the payment of a fine of not less than $100 and not more than $1,000, plus the costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 30 days. Each section of this chapter violated shall constitute a separate offense, and each day or portion thereof in which a violation of this chapter is found to exist shall constitute a separate offense, each of which violations shall be punishable by a separate fine imposed by the District Justice of not less than $100 and not more than $1,000, plus the costs of prosecution or, upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 30 days. All fines and penalties collected for the violation of this chapter shall be paid to the Township Treasurer.