A.Â
Purpose. The purpose of this article shall be to control
accelerated erosion and the resulting sediment pollution to waters
of the Township and the Commonwealth of Pennsylvania that occur on
earthmoving sites within the Township.
B.Â
Scope. It shall be unlawful for any developer, person,
landowner, business or corporation to undertake any earthmoving activities
in excess of 2,000 square feet without developing, implementing and
maintaining erosion and sediment pollution control measures and facilities
that effectively minimize accelerated erosion and prevent sediment
contained in an erosion and sedimentation control plan that meets
the requirements of the applicable Pennsylvania Department of Environmental
Protection (DEP) chapter on erosion control regulations. A copy of
the erosion and sedimentation control plan must be available at the
earthmoving site at all times.
C.Â
Prior approval required. Prior to the approval of
by the Township of any land development plan or the issuance of any
building permit (but only if required by any state, federal or local
statute, ordinance, law, rule, regulation or order), an erosion and
sedimentation control plan must be submitted to and approved by the
Lehigh County Conservation District (LCCD). This requirement will
be waived by the Township upon receipt of a copy of a DEP earth disturbance
permit for sites involving more than 25 acres of earthmoving. If the
Township Engineer determines that said plan is not properly implemented
a stop work order may be issued to cease all construction activity
at the proposed subdivision or land development.
D.Â
Plan contents. Erosion and sedimentation control plans
shall be developed in accordance with DEP's Chapter 102. 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 through the LCCD.
E.Â
WATERCOURSE
WATERS OF THIS COMMONWEALTH
Definitions. 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 waters, 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.
F.Â
Administration. Applications for approval of an erosion
and sedimentation control plan under the requirements of this chapter,
shall be made through LCCD. No building permit will be approved by
the Township unless and until an erosion and sedimentation control
plan is approved by LCCD.