[HISTORY: Adopted by the Board of Commissioners of the Township of Patterson 2-8-2001 by Ord. No. 385. Amendments noted where applicable.]
Subdivision and Land Development — See Ch. 167
This chapter shall be known and may be cited as the "Erosion and Sediment Pollution Control Ordinance."
The purpose of this chapter shall be to control accelerated erosion and the resulting sediment pollution to waters of this commonwealth that occur on earthmoving sites within Patterson Township.
This chapter has been adopted under the authority of the Code of Patterson Township.
It shall be unlawful for any person, landowner, partnership, business or corporation to undertake any earthmoving activities in excess of 1.0 acre without developing, implementing and maintaining erosion and sedimentation control measures and facilities that effectively minimize accelerated erosion and prevent sediment pollution to waters of the commonwealth. These controls shall be contained in an erosion and sedimentation control plan that meets the requirements of the Department of Environmental Protections' Chapter 102 Erosion Control regulations. A copy of the erosion and sedimentation control plan must be available at the earthmoving site at all times.
Prior to the approval of any grading plan or land development permit by Patterson Township, an erosion and sedimentation control plan must be submitted to and approved by Beaver County Conservation District. The appropriate Department of Environmental Protection (DEP) permit authorizing earthmoving activities for sites involving more than five acres of land disturbance must also be obtained from the County Conservation District or Department of Environmental Protection.
Erosion and sedimentation control plans shall be developed in accordance with the Department of Environmental Protections' Chapter 102 regulations. A complete explanation of the regulations and recommendations for preparing plans is available in DEP's publication "Erosion and Sediment Pollution Control Program Manual." This manual is available from the local County Conservation District.
Definitions of terms commonly used in the field of erosion and sediment pollution control are contained in DEP's Chapter 102 regulations. Two additional terms that are often used and herein defined are:
- A channel of conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
- WATERS OF THE COMMONWEALTH
- Rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs and other bodies or channels of conveyance of surface water, or parts thereof, whether natural or artificial, within or on the boundaries of this commonwealth.
Applications for approval of an erosion and sedimentation control plan under the requirements of this chapter shall be made by completing all required spaces on the standard application and tracking form (Attachment A) and forwarding the form to the Beaver County Conservation District at the address shown. No grading permits will be issued by Patterson Township unless and until an approved erosion and sedimentation control plan is received.
Fees for the review of the erosion and sedimentation control plan that will be charged by the Beaver County Conservation District are listed on Attachment A, Application and Tracking Form. The applicant must determine the amount of the fee that will apply to their application. Anyone requiring an explanation of District charges for plan reviews should contact the District for such information.
The municipality and Beaver County Conservation District are hereby authorized and directed to conduct both routine and emergency site inspections of ongoing earthmoving operations within the municipal boundaries to establish compliance with the approved erosion and sedimentation control plan.
All violations of the chapter requirements determined during a site inspection shall be listed on an inspection report which itemizes the following items for each violation:
The inspection report shall be signed by the inspector and person responsible for the earthmoving activity (or a designated representative) and a copy provided to the latter party.
Should the person(s) responsible for undertaking the earthmoving operations fail to meet the deadline for correcting violations of this chapter, as specified in the official inspection report, the Patterson Township Code Enforcement Officer will issue a formal notice of violation to the responsible party. The notice will list, for each violation that has occurred, a penalty of not less than $100 and not more than $600 for each day of each violation. Such fines, penalties and associated costs as listed in the notice will be collected as allowed by law, and in default thereof, the violator shall be imprisoned in the county jail for not more than 60 days.
In case any building, structure or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, the governing body or, with the approval of the governing body, an officer of the municipality, in addition to other remedies, may institute in the name of the municipality any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure or land or to prevent, in or about such premises, any act, conduct, business or use constituting a violation.