[HISTORY: Adopted by the Board of Commissioners of the Township of Springfield 9-13-1967 by Ord. No. 556. Section 111-6 and 111-10 amended at time of adoption of Code; see Ch. 1, General Provisions. Other amendments noted where applicable.]
It shall be unlawful for the owner of any land to stop, fill up, confine, pave or otherwise interfere with or change the course of any drain, ditch, stream or watercourse in the Township of Springfield without first obtaining from the Township Building Inspector a permit authorizing such work to be performed; and no drain, ditch, stream or watercourse shall be stopped, filled up, confined, paved or otherwise interfered with or the course thereof changed, except in strict accordance with the terms and conditions of such permit and the plans and specifications submitted therewith.
The application for a permit shall be in a form prescribed by the township, verified by affidavit made by the owner, accompanied by plans and specifications prepared by a registered engineer or surveyor. The plans and specifications shall show the exact nature of the work to be performed, the course, structure and capacity of all drains, ditches, streams and watercourses, the method of drainage of the adjacent or contiguous territory, and any other necessary information and explanatory details required by the township. All designs shall conform to the Township of Springfield Standards or the Pennsylvania Department of Forests and Waters, Water Power and Resources Board Standards, where applicable.
Before approving the application, the township shall, where it is deemed necessary, be assured by means of a proper completion guaranty, in the form of a bond with surety satisfactory to the township, or the deposit of funds or securities in escrow sufficient to cover the cost of the required construction, as estimated by the Township Engineer, that the said construction will subsequently be performed by the owner.
The application and plans and specifications shall be submitted in quadruplicate to the Township Engineer. The plans shall be referred to a departmental committee composed of the Township Engineer, as Chairman, the heads of the departments and bureaus of the township, and such other township employees as the Chairman may appoint. The Departmental Committee of the township may require alterations, changes or modifications in the plans and specifications which it deems necessary, and may refuse a permit until such alterations, changes or modifications have been made. If the Departmental Committee shall disapprove of the plans and specifications submitted and refuse a permit, the reasons therefor will be set forth in writing and given to the applicant, who may, within 30 days thereafter, appeal to the Board of Commissioners. Before acting upon such appeal, the Board of Commissioners may, in its discretion, arrange for a public hearing, after giving such notice as it deems desirable. The appeal will be considered at the next regular meeting of the Board, and its decision will be final. The Township Building Inspector will issue a permit to the applicant upon favorable action by the Departmental Committee of the Board of Commissioners.
The Township Engineer shall be notified at least 24 hours in advance of the commencement of the work in order that provision may be made for proper inspection thereof. Samples of material and every reasonable facility for ascertaining whether the work is in conformity with the provisions of this chapter and the Springfield Township Subdivision Ordinance, or any supplements or amendments thereto, shall be furnished to the proper officers of the township.
[Amended 11-11-1970 by Ord. No. 600; 1-9-1980 by Ord. No. 692; 7-11-1984 by Ord. No. 725]
An application fee of $50 shall be paid to the Township Engineer when the application is filed, plus an amount equal to 5% of the estimated cost of the work as determined by the Township Engineer for the necessary inspection. The inspection charge shall be at the rate of $30 per hour or portion thereof, portal to portal, that a Township Inspector is engaged on the work and also shall include the actual cost of any material tests. Upon completion of the work, any moneys collected for inspection or material tests not expended shall be refunded to the owner or applicant.
The Township of Springfield shall have no responsibility with respect to conditions arising as a result of the failure on the part of any person to comply with the requirements of this chapter.
The Commissioners of the Township of Springfield may enter upon any land or enclosures and cut, open, maintain and repair such drains or ditches through the same as in their judgment are necessary to carry the water from the streets or highways.
Nothing contained in this chapter shall be held to restrict or limit the Pennsylvania Department of Highways, or any county, in the exercise of any of its powers and duties under the provisions of any law of the Commonwealth of Pennsylvania, nor to obviate the necessity of securing the consent of the Water and Power Resources Board where required by existing law.
[Amended 7-13-1988 by Ord. No. 756]
Any person violating any of the provisions of this chapter shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine not exceeding $1,000 and costs, for each offense, and when any person shall have been notified by the Township Engineer, or by service of a summons in a prosecution or any other way, that he is committing a violation of this chapter, each day in which the violation is continued after such notification shall constitute a separate offense punishable by like penalty.