[HISTORY: Adopted by the Board of Commissioners of the Township of
Patterson 2-8-2001 by Ord. No. 385. Amendments
noted where applicable.]
GENERAL REFERENCES
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.
A.
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.
B.
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.
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.
A.
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[1]) 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.
[1]
Editor's Note: Attachment A is on file in the Township offices.
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.[1] 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.
[1]
Editor's Note: Attachment A is on file in the Township offices.
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.
A.
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:
B.
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.
