[HISTORY: Adopted by the Board of Supervisors
of the Township of Pennsbury 12-20-1982. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Pennsbury Township Land Disturbance Ordinance of 1982." This
chapter shall become effective five days after its enactment.
A.
Land disturbance is any activity which causes land
to be exposed to the danger of erosion, including clearing, grading,
filling, plowing, discing and transporting.
B.
The primary goal of the Township is to have all land
disturbance activities conducted in such a way as to prevent accelerated
erosion and resulting sedimentation. To accomplish this, all persons
engaged in land disturbance activities shall design, implement and
maintain erosion/sedimentation and stormwater control measures which
effectively prevent accelerated erosion, sedimentation and increased
runoff.
C.
All land disturbance activities not exempted in § 94-6 shall be required to submit a stormwater management plan. Satisfactory Township review of the required stormwater management plan will be followed by the issuance of the land disturbance permit, in accordance with § 94-5. Land disturbance activities listed in § 94-6 are felt to have a minimal Township-wide impact and are thus exempted from the permit requirement.
Terms used in this chapter are defined in Chapter 138, Subdivision and Land Development, and Chapter 162, Zoning. Additional definitions are as follows:
The removal of the surface of the land through the combined
action of man's activities and natural processes at a rate greater
than would occur from natural processes alone.
The cultivation of the soil and the raising and harvesting
of the products of the soil, including but not limited to nursery,
horticulture, forestry, and animal husbandry.
A reservoir or tank for storing water.
A right-of-way granted to use private land to facilitate
the flow of water, within which the owner shall erect no permanent
structures, but may use the land in any other way not inconsistent
with the grantee's rights.
Activity resulting in the movement of earth or stripping
of vegetative cover from the land.
The movement of soil by the action of wind or water.
Replenishment of geologic structures and rock or soil interstices
which have the capacity to store water.
Materials such as buildings, structures, and paved areas
which are impenetrable and thus unable to absorb stormwater or other
liquids. Areas such as buildings, structure and paved areas.
[Amended 2-22-2000 by Ord. No. 2000-1]
A structure designed to direct the flow of stormwater into
storage in geologic structures, e.g., French drains, Dutch drains,
seepage pits.
Any activity which causes land to be exposed to the danger
of erosion, including clearing, grading, filling, plowing, discing,
and transporting.
The felling of trees within a concentrated area, and/or the
removal of trees or logs from a site by means of heavy vehicles.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site or origin by
water.
An area of excavated earth, filled with loose stone or similar
materials, to which surface water is directed for infiltration to
geologic storage.
Stone, rock, concrete or other materials which permit some
vertical transmission of water.
The Pennsbury Township Subdivision and Land Development Ordinance,
as amended.[1]
Water which surfaces, flows or collects during and subsequent
to rain or snowfall.
A low-lying stretch of land which collects and carries surface
water runoff.
All land disturbance activities, except those exempted from permit requirements by § 94-6, shall be conducted only pursuant to and after the issuance of a land disturbance permit. All applications for land disturbance permits shall be submitted to the Township Secretary who will then forward the application to the appropriate Township official for review. In all land disturbance involving land development or the expansion or construction of buildings or other improvements which will create impervious surfaces, an application shall be submitted and processed in accordance with Subsections A and B below. Applications for permits for land disturbance activities related to a subdivision or land development, and/or construction for which a building permit is required, shall be submitted to be processed concurrently with said applications. All other applications for a land disturbance permit shall be submitted and processed in accordance with Subsection C.
A.
Land disturbance activities related to a subdivision
or land development.
(1)
As part of any submission of an application for preliminary approval of a subdivision or land development plan involving any non-exempt land disturbance activities, the applicant shall submit a stormwater management plan [as required by § 138-21F(5) of Chapter 138, Subdivision and Land Development].[1] The stormwater management plan shall demonstrate that all land disturbance activities related to the subdivision or land development comply with the performance standards for erosion and sedimentation control set forth in § 138-42A and for permanent stormwater management set forth in § 138-42B and the design requirements set forth in Appendixes A and C of Chapter 138, Subdivision and Land Development.[2]
[Amended 2-8-1997]
(2)
The stormwater management plan shall contain all of the information required by § 138-21F(5) of Chapter 138, Subdivision and Land Development.[3] The applicant and/or his engineer should confer with the
Township Engineer prior to the preparation of a stormwater management
plan.
[Amended 2-8-1997]
[3]
Editor's Note: So in original; provisions repealed; refers
to Subdivision and Land Development Ordinance of 1990.
(3)
The stormwater management plan shall be reviewed by
the Township Engineer, who shall submit a report thereon to the Township
Planning Commission within 30 days of the submission of the plan.
(4)
If, in the Township Engineer's view, the stormwater
management plan as submitted satisfies all requirements of this chapter
and the SLDO, he shall recommend its approval to the Planning Commission.
That recommendation shall be considered by the Planning Commission
and Board of Supervisors, together with the results of their own reviews,
and the comments of any other reviewing body.
(5)
If, in the Township Engineer's view, the stormwater
management plan as submitted fails to satisfy all requirements of
this chapter or the SLDO, he shall so indicate in his report to the
Planning Commission and Board of Supervisors, and shall specify those
items not in compliance with the chapter.
(6)
As part of any final subdivision or land development
plan, the applicant shall submit:
(7)
The applicant may request in writing the approval of the final subdivision or land development plan conditioned upon satisfactory submission of § 94-4A(6). If so, the land disturbance permit will not be issued at the time of final approval, but shall await satisfaction of conditions. No site work shall begin until all conditions are met.
(8)
Where the final stormwater management plan submission
does not comply with the performance standards set forth in § 138-42A
and B,[4] the design requirements of Appendixes A and C of Chapter 138, Subdivision and Land Development, or other application requirements of this chapter, such failure to comply shall be considered grounds for denial of the final subdivision or land development application.
[Amended 2-8-1997]
[4]
Editor's Note: So in original; provisions repealed; refers
to Subdivision and Land Development Ordinance of 1990.
B.
Land disturbance activities related to building construction.
(1)
Where individual on-lot land disturbance activities
have been addressed, approved, and noted as such in an applicant's
stormwater management plan related to a subdivision or land development,
applicants for building permits for each individual lot shall refer
to such approval. In these cases, it shall not be necessary for the
applicant to resubmit a stormwater management plan concurrent with
applications for building permits, provided the proposed grading of
the lot and the locations of houses, driveways, and drainage or seepage
bed facilities are not changed.
(2)
In all other cases, or in cases where an applicant in Subsection A, above, wishes to alter grading, building locations, or the on-lot stormwater management system, the applicant shall submit a stormwater management plan. This plan shall accompany an application for building permit involving any nonexempt land disturbance activities, and shall demonstrate that all land disturbance activities related to the building construction shall comply with the performance standards in § 138-42A and B of Chapter 138, Subdivision and Land Development.[5]
[5]
Editor's Note: So in original; provisions repealed; refers
to Subdivision and Land Development Ordinance of 1990.
(3)
The Township may require that the stormwater management plan contain all of the information mandated by § 138-21F(5) of Chapter 138, Subdivision and Land Development.[6] The applicant and/or his engineer, however, is strongly
encouraged to confer with the Township Engineer prior to the preparation
of a stormwater management plan to determine the scope and detail
of the submission.
[Amended 2-8-1997]
[6]
Editor's Note: So in original; provisions repealed; refers
to Subdivision and Land Development Ordinance of 1990.
(4)
The applicant's stormwater management plan shall be reviewed by the Township Engineer, who shall submit a report thereon to the applicant and the Zoning Officer within 30 days of submission of the plan. Where revisions to the plan are necessary in order to meet the performance standards set forth in §§ 138-42A and/or B of Chapter 138, Subdivision and Land Development,[7] the applicant is urged to discuss the contents of the
report with the Township Engineer. All necessary revisions shall be
effected and submitted within 20 days after issuance of the Township
Engineer's report.
[7]
Editor's Note: So in original; provisions repealed; refers
to Subdivision and Land Development Ordinance of 1990.
(5)
If the final stormwater management plan is not in compliance with the performance standards set forth in §§ 138-42A and B of Chapter 138, Subdivision and Land Development,[8] failure to so comply shall be considered grounds for denial
of the building permit.
[8]
Editor's Note: So in original; provisions repealed; refers
to Subdivision and Land Development Ordinance of 1990.
C.
Other land disturbance activities.
(1)
Whenever any person engages in nonexempt land disturbance activities that are not related to a subdivision or land development or to building construction, he shall first submit a stormwater management plan demonstrating that all proposed land disturbance activities shall comply with the performance standards for erosion and sedimentation set forth in § 138-42A of Chapter 138, Subdivision and Land Development,[9] and with applicable regulations for the Commonwealth of
Pennsylvania.
[Amended 2-8-1997]
[9]
Editor's Note: So in original; provisions repealed; refers
to Subdivision and Land Development Ordinance of 1990.
(2)
The Township may require that the stormwater management plan contain all of the information mandated by § 138-21F(5) of Chapter 138, Subdivision and Land Development,[10] particularly when impervious surfaces are to be constructed,
the amount of earthmoving is significant, or the topography, soils,
geology, or drainage patterns necessitates special attention. The
applicant and/or his engineer shall confer with the Township Engineer
to determine the scope and detail required in his submission. If the
proposed land disturbance is to consist of non-exempt farming activities,
the Chester County Conservation District should be consulted for possible
assistance with the preparation of the stormwater management plan.
[Amended 2-8-1997]
[10]
Editor's Note: So in original; provisions repealed; refers
to Subdivision and Land Development Ordinance of 1990.
(3)
The stormwater management plan shall be reviewed by
the Township Engineer, who shall submit a report thereon to the applicant,
the Zoning Officer, and Board of Supervisors within 30 days of submission
of the plan.
A.
Land disturbance permit.
(1)
Conditions of issuance and subsequent requirements.
(a)
In approving a stormwater management plan and
granting a land disturbance permit, the Township may impose such conditions
as it may deem necessary to insure the health, safety and welfare
of the community and other property owners.
(b)
No permit shall be issued until the applicant
owner, builder, or developer of the site certifies in writing that
all site work shall be performed in accordance with the plan. The
plan shall be a condition of the permit and no person shall violate
any such condition so imposed.
(c)
Those elements of the overall stormwater management
system designed to retain stormwater and sediment on an individual
lot shall be specifically located on any approved final subdivision
or land development plan that is to be recorded with the Chester County
Recorder of Deeds. These elements may include:
[1]
Maintenance of existing surface drainage systems,
swales, etc.
[2]
Utilization of groundwater recharge areas, seepage
pits, basins, etc.
[3]
Limitations on grading of the lot so as to retain
the absorption capacity of the soil.
[4]
Establishment of drainage easements, granted to the Township (as specified in Appendix A of Chapter 138, Subdivision and Land Development[1]) for the protection of existing drainage patterns.
[1]
Editor's Note: So in original; provisions repealed; refers
to Subdivision and Land Development Ordinance of 1990.
(d)
No certificate of occupancy shall be granted
until all stormwater management facilities have been satisfactorily
installed. As a condition of issuance of a certificate of occupancy,
the Township may require of prospective occupants of lots containing
individual stormwater management systems:
[1]
An agreement (as outlined in § 94-8E) reflecting the stipulations recorded on the final approved subdivision plan;
[3]
Assurance that no action will be taken by the
occupant to disrupt or in any way impair the effectiveness of the
system; and
[4]
Assurance that routine maintenance will be undertaken
as necessary to permit the system's continued functioning.
(2)
Expiration and renewal.
(a)
Every permit issued hereunder shall expire at
the end of the period of time set out in the permit. The permittee
shall fully perform and complete all of the required work 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 the expiration of the permit, present in writing to
the Board of Supervisors a request for an extension of time, setting
forth therein the reasons for requested extension.
(3)
Modification of plans.
(a)
Major modifications of the approved application
and plans, as determined by the Township, shall be submitted to the
Township Engineer and reprocessed in the same manner as the original
application and plans.
(b)
All development and land disturbance must be
suspended pending the approval of modified plans. Field modifications
of a minor nature may be authorized by the Township Engineer in the
form of written authorization given to the person performing work
pursuant to the permit.
(4)
Revocation or suspension. Any permit issued under
this chapter may be revoked or suspended by the Board of Supervisors,
after notice, for:
B.
Subdivision and land development permit. Upon submission
to the Township of a copy of the Recorder of Deeds receipt for the
recording of the final subdivision plan, the appropriate Township
official shall issue a subdivision and land development permit and
land disturbance permit to the applicant. No construction activities
(including earthmoving activities, but not including soil or percolation
testing, well drilling or similar engineering or surveying activities)
shall be commenced by the applicant until the subdivision and land
development permit and land disturbance permit have been issued by
the appropriate Township official.
All land disturbance activities within Pennsbury Township must comply with the performance standards set forth in §§ 138-42A and B of Chapter 138, Subdivision and Land Development.[1] Some of these activities will comply with the applicable
performance standards without the necessity of specific methods for
the control of erosion and sedimentation or the detention of stormwater
runoff, and other activities, too minimal to require review, are exempted
from formal plan submission and permit requirement. The activities
so exempted are as follows:
A.
Increases in impervious and semi-pervious cover on existing development properties when such will not exceed the permissible site coverage provided in Chapter 162, Zoning.
B.
Earthmoving on an existing developed lot, up to 5,000
square feet or 10 of the lot, whichever is less, provided that the
changes will not alter drainage patterns, accelerate erosion, or interfere
with stormwater control measures previously installed.
C.
Agricultural operations, except where new buildings
or other impervious surfaces are to be constructed, provided that:
(1)
Residences, farm buildings and other impervious surfaces
do not exceed 7% coverage of the total acreage;
(2)
Unless clearly impractical or unwarranted, plowing
will generally conform to the contours of the property;
(3)
Drainage swales will be maintained with a permanent
cover of grasses, plants or trees;
(4)
Diversion terraces or cover crops no less than 10
feet in width shall be provided at a maximum of 200-foot intervals
on slopes of 8% to 15% where tillage or sod crops are planted; and
(5)
A vegetative cover strip extending 10 feet from the
edge of the cartway of any road shall be maintained.
D.
The following logging and woodcutting activities:
(1)
Logging or woodcutting on slopes not exceeding 10%,
provided that logging will not remove more than 1/3 of the trees exceeding
six-inch caliper DBH within any four-year period and that stumps,
ground cover, and root mat are left intact.
(3)
Logging and woodcutting conducted for proper forestry
management per Pennsylvania Department of Conservation and Natural
Resources guidelines and Soil Conservation Service regulations.
E.
The construction or maintenance of a seasonal market
stand for selling produce, flowers, or other seasonal products, provided
impervious parking areas are not constructed, and buildings do not
exceed 300 square feet.
[1]
Editor's Note: So in original; provisions repealed; refers
to Subdivision and Land Development Ordinance of 1990.
A.
Schedule of inspections for permitted land disturbance
activities resulting from an approved subdivision or land development
plan. All land disturbance work shall be performed in accordance with
an inspection and construction control schedule approved by the Township
Engineer as a precondition to issuance of a land disturbance permit.
No work shall proceed to a subsequent phase until inspected and approved
by the Township Engineer or his designee, who shall then file a report
thereon with the Township.
(1)
Times of inspection. After commencement of initial
earthmoving operations, the Township Engineer or his designee shall
inspect at the following points in the development of the site, or
of each stage thereof:
(a)
Upon completion of stripping, the stockpiling
of topsoil, the construction of temporary stormwater management and
erosion control facilities, disposal of all unsuitable materials,
and preparation of the ground.
(b)
Upon completion of rough grading, but prior
to placing topsoil, installing permanent drainage or other site improvements,
or establishing covers.
(c)
During construction of the permanent facilities,
at such time(s) as specified by the Township Engineer.
(d)
Upon completion of permanent stormwater management
facilities, including established ground covers and plantings for
that purpose.
(e)
Upon completion of final grading, vegetative
control measures, and all other site restoration work undertaken in
accordance with the approved plan and permit.
(f)
The Township Engineer may make random inspections
as he deems necessary and appropriate.
(2)
Notice, corrections, and phased approvals.
(a)
The permittee shall notify the Township Engineer 24 hours prior to completion of each phase identified in § 94-7A(1) to schedule the required inspection. Upon receiving such notice, the Township Engineer shall inspect the work and immediately notify the permittee in writing of its acceptability, or in what respect there has been a failure to comply. The Township Engineer shall maintain a permanent file of his inspections.
(b)
Any portion of the work which does not comply
shall be corrected promptly by the permittee.
(c)
No work shall be initiated on subsequent phases
of any subdivision or land development, building construction or other
permitted land disturbance activity until the Township Engineer has
inspected and approved the work in the present phase.
(3)
Final inspection.
(a)
Upon completion of all work authorized by the
land disturbance permit, the permittee shall so notify the Township
Engineer and shall request a final inspection.
(b)
If, upon conducting the final inspection, the Township Engineer determines that full compliance with the terms of the land disturbance permit has not been achieved, he may recommend, and the Township may invoke, any or all of the sanctions authorized by § 138-602 of Chapter 138, Subdivision and Land Development.
B.
Discretion to waive inspections. In the review of any stormwater management plan, the Township Engineer shall have discretion to modify or waive the otherwise applicable inspection schedule called for in §§ 138-602 and 138-706. Such modifications or waivers shall be noted on the land disturbance permit.
[Amended 2-8-1997]
C.
Inspection of land disturbance activities for which
exemption status is in question.
(1)
When brought to the attention of the Township or its designee that the exemption criteria in § 94-6 of this chapter may not be applicable to an existing land disturbance activity for which a permit was not obtained, the Township shall advise the owner of record by certified mail of its intention to inspect the property on a specified date to determine compliance with this chapter. The owner may request a joint inspection on that date, or on a mutually acceptable alternate date.
(2)
If, upon inspection, the Township determines that the land disturbance activity does not qualify for exemption under § 94-6, the Township shall notify the owner by certified mail that he has 30 days in which to apply for a permit under the terms of § 94-4. Until such permit has been issued, no further land disturbance activities shall be pursued and any stabilizing or drainage measures ordered by the Township shall be installed.
D.
Schedule of inspections for land disturbances not part of a subdivision or land development. The timing and frequency of inspections of land disturbance activities governed by § 94-4B and C of this chapter shall be as determined by the Township Engineer prior to issuance of a land disturbance permit. The Township Engineer will report to the Township each schedule of inspections. Adherence to that schedule shall be a condition of permit compliance.
A.
Maintenance of other than on-lot stormwater facilities.
(1)
On or before completion of subdivision or land development
improvements, the permanent stormwater management system for a tract
shall begin to function in accordance with the approved stormwater
management plan. Temporary sediment trapping facilities in detention
basins, upon inspection and approval by the Township Engineer, shall
be converted into permanent stormwater management basins. Additional
facilities designed to serve more than an individual lot shall then
begin operation. All such work shall be as specified in the approved
plan.
(2)
Continued functioning of these facilities shall be guaranteed and maintenance, as necessary, performed in accordance with §§ 138-21F(5)(f) and (g) and 138-74B, C and D of Chapter 138, Subdivision and Land Development.[1]
[Amended 2-8-1997]
[1]
Editor's Note: So in original; provisions repealed; refers
to Subdivision and Land Development Ordinance of 1990.
B.
Maintenance of individual on-lot stormwater management systems. Stormwater management facilities and systems that are located on an individual lot, and are the responsibility of that landowner to maintain and assure the performance thereof, i.e., those obtaining a permit under §§ 94-4B and C of this chapter and those land developments not involving subdivision, shall be maintained and their performance guaranteed in accordance with §§ 94-5A(1) and 94-8E of this chapter and § 138-21F(5)(f) and (g) and 138-74B, C and D of Chapter 138, Subdivision and Land Development.[2] Obligations shall include the perpetuation of natural
drainage and may include perpetuation of infiltration facilities and/or
the maintenance of facilities constructed by the individual lot owner
under terms of his building or stormwater permit, e.g., cisterns,
downspout connections, seepage pits, etc.
[Amended 2-8-1997]
[2]
Editor's Note: So in original; provisions repealed; refers
to Subdivision and Land Development Ordinance of 1990.
C.
Need for corrective measures. If the Township determines
at any time that stipulated permanent stormwater management facilities
have been eliminated, altered, or improperly maintained, the owner
shall be advised of corrective measures required within the period
of time set by the Township Engineer. If such measures are not taken
by the owner, the Township may cause the work to be done and lien
all costs against the property.
D.
Documentation of permanent stormwater management facilities. Prior to final inspection required as part of any approved subdivision or land development, or building permit, the land developer or permit holder shall present an "as-built" plan of sewage and water supply facilities and stormwater management facilities. The plan shall show drainage easements and/or drainage deed restrictions (as specified in Appendix A, Section V, of Chapter 138, Subdivision and Land Development),[3] detention or retention basins, infiltration structures,
and the size storage capacity, and cross sections of same for recording
in the Township's stormwater facilities files.
[3]
Editor's Note: So in original; provisions repealed; refers
to Subdivision and Land Development Ordinance of 1990.
E.
Recording of maintenance obligations on individual lots. Where the maintenance of stormwater management facilities and systems is the responsibility of an individual lot owner, the terms of that maintenance agreement and a description of the facilities and systems on the lot, as called for in §§ 94-5A(1), 94-8B and D of this chapter, shall be set forth in perpetual covenants or deed restrictions binding on the landowners' successors in interest.
If, in the opinion of the Township Engineer,
the nature of any land disturbance work is such that may create a
hazard to human life or endanger adjoining property or property at
a higher or lower elevation, or any street or street improvement,
or any other public property, then the Township Engineer may, before
the land disturbance permit is issued, require that such an applicant
file a certificate of insurance showing that he is insured, against
claims for damages for personal injury and property damage (including
damage to Pennsbury Township by deposit or washing of material onto
municipal streets or other public improvements), which may arise from
or out of the performance of the work, whether such performance be
by himself, his subcontractor, or any person directly or indirectly
employed by him. The amount of such insurance shall be prescribed
by the Township in accordance with its determination of the risks
involved in an amount not less than $25,000 per occurrence. Such insurance
shall be written by a company licensed to do business in Pennsylvania
and approved by the Township. Neither issuance of a permit nor compliance
with the provisions hereto or any condition imposed by the Township
shall relieve any person from any responsibility for damage to persons
or property otherwise imposed by law, nor shall it impose any liability
upon the Township for damages to persons or property.
A.
Notification of noncompliance with land disturbance
permit. Any activity conducted pursuant to a land disturbance permit
issued by Pennsbury Township shall be performed in strict compliance
with the terms of the permit. Violations shall be treated in the following
manner:
(1)
Any noncompliance with the terms of the permit that is identified by the Township Engineer or his designee in the course of inspections as specified in § 94-7 of this chapter shall be remedied by the permittee according to the terms of that section. Failure to comply with those provisions shall be deemed a violation of the chapter, and the permittee then shall be subject to the procedure of § 94-10A(2).
(2)
If at any time work does not conform to the permit, including conditions thereof, or to the plans and specifications, including modifications thereof, comprising the approved stormwater management 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, and the Township shall revoke the permit or suspend the permit by issuing a cease and desist order on all work on the site until corrections are made. If corrections are not undertaken within the specified time or the permittee violates the cease-and-desist order: penalties shall be imposed under § 94-10C of this chapter; and/or the work shall be completed by the Township and the costs charged to the violator under § 94-8C. Further, when the permit has been issued in accordance with § 94-4A of this chapter, such violation shall be considered a violation of Chapter 138, Subdivision and Land Development, and shall be grounds for the forfeiture of any bond or performance guaranty required under that chapter.
B.
Misapplication of exemption criteria. Earthmoving and related activities exempt from the need for Township approval are identified in § 94-6 of this chapter. Any property owner who anticipates undertaking earthmoving activities, or who intends to authorize such work on his land, is responsible to determine the extent of Township approval and permit necessary. Should a misinterpretation of the criteria as applied to his site lead a property owner to conclude erroneously that he is exempt from the requirements of this chapter, he may be notified of his error by the Township, as provided in § 94-7C. In such event, all work in progress shall be halted, and the procedures described in § 94-5 of this chapter shall be applied to the conduct of the project from that time forward. Continued violations shall be handled in accordance with § 94-10C of this chapter.
C.
Penalties. Any person, corporation or other entity
who violates or permits the violation of any of the terms of this
chapter, shall, upon being found liable therefor in a civil proceeding
commenced by the Township, pay a fine not to exceed $600 for each
and every violation plus all court costs, including reasonable attorney
fees, incurred by the Township in enforcing this chapter. Each day
that the violation continues after proper notification shall be a
separate offense. In addition thereto, the Township may institute
injunctive, mandamus, or any other appropriate action or proceeding
at law or equity for the enforcement of this chapter or to correct
violations of this chapter, and any court of competent jurisdiction
shall have the right to issue restraining orders, temporary or permanent
injunctions, or mandamus or other appropriate forms of remedy or relief.
[Amended 2-8-1997]
A.
Permit application fees.
(1)
Land disturbance as part of a subdivision or land development. All fees and escrow deposits incident to application for a land disturbance permit and conduct of the work approved thereunder, where the land disturbance activities are to be undertaken as part of a subdivision or land development, shall be established and submitted in accordance with § 138-77 of Chapter 138, Subdivision and Land Development.
(2)
Other land disturbance activities.
(a)
An applicant for a land disturbance permit to conduct any activity covered by § 94-4B or C of this chapter shall agree, in writing, to reimburse the Township for all costs of administration and review of the application by Township's staff, Engineer, and Solicitor. Funds shall be deposited with the Township Secretary in an amount as specified by resolution of the Board of Supervisors.
(b)
In addition to the fixed administrative costs,
for permit application, the applicant shall be charged for time actually
expended and detailed in bills from the Township Engineer and Solicitor
for review of the plan and application. Any unexpended balance of
the deposit shall be returned to the applicant following certification
by the Township Engineer that all work has been completed satisfactorily.
(c)
If the actual time required of either the Township
Engineer or Solicitor will exceed the deposited amount, the Township
shall render to the applicant a preliminary statement of time expended
and require an additional deposit to complete reviews. Such required
additional amounts must be deposited with the Township Secretary prior
to issuance of the land disturbance permit.
B.
Inspection fees.
(3)
The amounts of these inspection fees shall be fixed
by resolution of the Board of Supervisors.
(4)
If problems arise requiring more extensive involvement
of the Township Engineer, any resulting costs that exceed the initial
fee will be assessed the permittee and become a lien against the property
if not paid.
