Township of Whitehall, PA Article VIII Erosion and Sediment Pollution Control

§ 22-33 Erosion and sediment pollution control.

A. 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. 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. 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. 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. 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:

WATERCOURSE

A channel of conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.

WATERS OF THIS COMMONWEALTH

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. 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.