The following activities are specifically exempt
from this chapter:
A. Use of land for gardening primarily for home consumption.
B. Agricultural use of lands in accordance with a farm
conservation plan approved by the Delaware County Conservation District.
C. Individual lot grading permits shall not be required
if the finally approved and recorded subdivision and land development
plan contains an approved grading plan for the entire tract to be
developed, and if in the opinion of the Township Engineer, the proposed
development of the individual lots does not sufficiently deviate from
the overall grading plan. If the Township Engineer determines that
an individual lot grading permit is required because of change in
ownership or other circumstances, the applicant shall comply with
the provisions of this chapter.
D. In all cases where a proposed activity does not require
a permit under this chapter, the landowner shall at all times comply
with the applicable provisions of this chapter and the soil erosion
and sedimentation control provisions. All bare earth shall be promptly
seeded, sodded or otherwise stabilized and effectively protected from
soil erosion.
All requirements of the Pennsylvania Department
of Transportation, Pennsylvania Department of Environmental Protection
and/or the USDA Natural Resources Conservation Service and the Delaware
County Soil Conservation Service, with regards to erosion and sediment
control, shall be followed, and evidence of approvals by those agencies
shall be submitted to the Township.
In addition to the soil erosion and sedimentation control regulations of this chapter, any land disturbance activity whether subdivision, land development and/or other project shall also comply with Chapter
198, Stormwater Management. In the event of a conflict or inconsistency between the requirements of this chapter and Chapter
198, regarding stormwater management, the requirements of Chapter
198 shall control.
All earthwork and materials shall be subject to inspection for conformity with the terms of this chapter and Chapter
210, Subdivision and Land Development.
A. The Township may inspect any earth disturbing or water
flow alteration activities covered by this chapter on a random basis
to assure full compliance with the soil erosion and sedimentation
control plans on file in the Township.
B. During inspections, if it is found that the soil or
other conditions are not as stated or shown in the application and
plans approved or the work is not proceeding in accord with the plans,
the Township may refuse to approve further work and revoke and or
all permits and/or agreements until approval is obtained for a revised
soil erosion and sedimentation control plan conforming to existing
conditions.
C. If, at any stage of the work, the Township shall determine
by inspection that the nature of the work is such that further work
as authorized by an existing permit is likely to endanger property,
streets, or create hazardous conditions, the Township may require
as a condition to allowing the work to be done that such reasonable
safety precautions shall be implemented by the permittee as the Township
considers advisable to avoid such likelihood of danger.
D. No person shall interfere with or obstruct the ingress
or egress to or from any such site or premises by an authorized representative
or agent of the Township engaged in the inspection of work for compliance
with the approved plans.
E. All plans must be kept on the site during construction
and through to inspection.
F. A final inspection shall be conducted by the Township Engineer to certify compliance with this chapter. Compliance with this chapter and/or Chapter
210, Subdivision and Land Development, shall be necessary before issuance of an occupancy permit.
G. For any work authorized by the Township under this
chapter that remains uncompleted, the permittee may request a temporary
certificate of occupancy from the Township. If approved, the temporary
certificate shall contain a written list of uncompleted items and
is valid for no more than 30 days from the date of issuance. In addition,
the permittee shall post additional escrow with the Township sufficient
to satisfy the cost of completing the uncompleted items listed on
the temporary certificate. No permanent certificate of occupancy shall
be issued until all of the uncompleted items have been completed.
In the event that the permittee fails to satisfy the uncompleted items
within the time stated on the temporary certificate, the Township,
may, in addition to any other remedies available to it in law or equity,
draw upon said escrow funds and cause the outstanding items to be
completed.
All applicants shall bear all costs of inspections required hereunder. Such costs shall be deducted from the escrow account as established under §
186-10D above. The costs of inspections shall be charged at the rate established by Township resolution, adopted by Township Council from time to time, or actual costs incurred. The Township shall have the right to seek outside consultants to provide independent inspections, plan review and inspection reports.
For applications not involving subdivision or
land development review and approval, one or more provisions of this
chapter may be modified by the Township Council, upon recommendation
of the Township Engineer, if the literal enforcement of the provisions
will exact undue hardship because of peculiar conditions pertaining
to the land in question, provided such modification will not be contrary
to the public interest and that the purpose and intent of this chapter
is observed.
A. All requests for a modification shall be in writing.
The request shall state in full the grounds and facts of unreasonableness
or hardship on which the request is based, the provision or provisions
of this chapter involved and the minimum modification necessary.
B. The Township shall keep a written record of all action
on all requests for modifications.
C. In granting any modification, the Township Council
shall prescribe any conditions that they deem necessary to or desirable
for the public interest. In making their findings, the Township Council
shall take into account the nature of the proposed use of land and
the existing use of land in the vicinity, the probable effect of the
proposed subdivision and/or upon traffic conditions, fire, police
protection and other utilities and services in the vicinity. No modification
shall be granted unless the Township Council finds:
(1) That there are special circumstances or conditions
affecting said property such that the strict application of the provisions
of this chapter would deprive the applicant of the reasonable use
of the land.
(2) That the modification is necessary for the preservation
and enjoyment of a substantial property right of the applicant.
(3) That the granting of the modification will not be
detrimental to the public welfare or injurious to other property in
the area in which said property is situated.
Any person, firm or corporation violating any
provisions of this chapter shall, upon summary conviction before any
Magisterial District Judge, be fined an amount not exceeding $500
and costs of prosecution, and in default thereof, may be imprisoned
in the county jail for a term of not more than 30 days. Each and every
day in which any person, firm or corporation shall be in violation
of this chapter shall constitute a separate offense.