[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.]
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:
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]
The cross-sectional trunk area of a tree at a height of 4Â 1/2
feet above ground level.
[Added 3-24-1987 by Ord. No. 3-1987]
The solid, undisturbed rock in place either at the ground
surface or beneath surface soil deposits.
An open pit from which soil is excavated as a single incident
for use at a single construction site.
A height 4Â 1/2 feet above ground level.
[Added 3-24-1987 by Ord. No. 3-1987]
A storm with a one-hundred-year frequency.
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.
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]
The process by which soil and bedrock are worn away by the
action of wind, water, climate and other natural elements.
The vertical elevation of the ground surface prior to earthmoving
or filling.
A deposit of soil or other materials placed by man.
The final vertical elevation of the ground after development.
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]
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.
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]
Any tract or parcel of land.
[Added 3-24-1987 by Ord. No. 3-1987]
The ground surface in its original state before any earthmoving,
filling or stripping.
The continuing or recurring removal of material from below
the ground surface by open excavation.
A grading permit.
Any individual, corporation, partnership, joint venture,
unincorporated association, municipal corporation or agency within
the Commonwealth of Pennsylvania or any combination thereof.
Earth and rock in suspension in water or settled out of water
as a deposit on land or on beds of bodies of water.
The process by which sediment is deposited.
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.
All earth material of whatever origin that overlies bedrock.
A plan of a system of coordinated devices to prevent the
dislocation in transportation of the soil during periods of earthmoving,
development or stripping.
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.
The removal of the natural ground surface, including vegetation
and/or topsoil.
The physical features of a site, place or region.
The Township of West Goshen.
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]
The plants located on a site or in an area or region.
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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]
No permit shall be required in the following
instances:
A.Â
Any activity for which a grading permit or equivalent
must be obtained from any agency of the Commonwealth of Pennsylvania.
B.Â
Normal agricultural operations.
C.Â
Any developed residential lot where the following
conditions are met:
(1)Â
The aggregate area to be stripped does not exceed
5,000 square feet.
(2)Â
The grade change does not exceed six inches.
(3)Â
All bare earth is promptly seeded, sodded or otherwise
effectively protected from erosion.
(4)Â
The earthmoving does not involve a quantity of material
in excess of 100 cubic yards.
D.Â
Earthmoving incident to construction of individual
wells and sewage disposal systems.
[Added 3-24-1987 by Ord. No. 3-1987[1]]
A.Â
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)Â
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)Â
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)Â
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)Â
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)Â
A description of the counter-erosion measures that
will be utilized by the lot owners.
B.Â
The following restrictions and conditions shall apply
to any approved forest management plan:
(1)Â
All holes created in the course of any tree harvesting
operation shall be filled to grade with soil.
(2)Â
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)Â
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.Â
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.
A.Â
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.Â
The application for permit shall be accompanied by
a plan of the property showing as a minimum:
(1)Â
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)Â
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)Â
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)Â
A soil erosion and sediment control plan.
(5)Â
A stormwater management plan.
(6)Â
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)Â
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)Â
Peak rate of discharge at any time may not exceed
the existing peak (predevelopment) rate of discharge.
(b)Â
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]
(c)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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.Â
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.
D.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
The Township Engineer shall approve and issue all
permits in letter form, and no work shall commence without the issuance
of such approval.
A.Â
The permittee is responsible for any property damage
or personal injury caused by his activity authorized by the permit.
B.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
When required, adequate provision shall be made for
dust-control measures as determined by the Township Engineer.
I.Â
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.Â
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.
L.Â
Compaction test reports shall be kept on file at the
site and be subject to review at all times by the Township Inspector.
M.Â
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.Â
Trees.
[Added 6-11-1985 by Ord. No. 8-1985]
(1)Â
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)Â
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)Â
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.
(c)Â
No boards or other materials shall be nailed
to trees during construction, grading or tree removal activities.
(d)Â
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)Â
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)Â
Tree limbs damaged during construction shall
be sawed flush to tree trunks and immediately treated with tree paint
or comparable covering.
(g)Â
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)Â
Construction debris shall not be disposed of
near or around the bases of trees.
(i)Â
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 1Â 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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Violation of any other condition of the permit.
C.Â
Violation of any provision of this chapter or any
other applicable law, ordinance, rule or regulation relating to the
work.
D.Â
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.
A.Â
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.Â
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.
