Township of Elizabeth, PA Chapter 26 Water

Part 1 Stormwater Management

§ 101 General Provisions.

[Ord. 671, 3/6/1995, § 101]

1. Purpose. These regulations are adopted and implemented to achieve the following general purposes and objectives:

A. To manage and control stormwater runoff resulting from land alteration and disturbance activities in accordance with the watershed stormwater management plans adopted pursuant to the Pennsylvania Stormwater Management Act (Act 167 of 1978, as amended).

B. To utilize and preserve the desirable existing natural drainage systems and to preserve the flood-carrying capacity of streams.

C. To encourage natural infiltration of rainfall to preserve groundwater supplies and stream flows.

D. To provide for adequate maintenance of all permanent stormwater management structures in the Township.

2. Applicability. The provisions of this Part shall apply to all subdivisions and land development activity within the municipality of Elizabeth Township.

3. Repealer. The Part shall repeal all other ordinances, or parts thereof, which are contrary to or conflict with the provisions of this Part to the extent necessary to give this Part full force and effect.

4. Severability. Should any Section or provision of this Part be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of this Part as a whole or any other part hereof; the Parts or Sections remaining shall remain in effect as if the part of the Section declared unconstitutional had never been a part of this Part.

5. Liability Disclaimer.

A. Neither the granting of any approval under the stormwater management provisions of this Part, nor the compliance with the provisions of this Chapter, or with any condition imposed by a municipal official hereunder, shall relieve any person from any responsibility for damage to persons or property resulting therefrom, or as otherwise imposed by law, nor impose any liability upon the Township for damage to persons or property.

B. The granting of a permit which includes any stormwater management facilities shall not constitute a representation, guarantee or warranty of any kind by the Township, or by an official or employee thereof, of the practicability or safety of any structure, use or other plan proposed, and shall create no liability upon or cause of action against such public body, official or employee for any damage that may result pursuant thereto.

§ 102 Stormwater Management Performance Standards.

[Ord. 671, 3/6/1995, § 102]

1. Stormwater Management Performance Districts.

A. For purposes of stormwater management, the municipality of Elizabeth Township is divided into the following stormwater management districts as indicated on the district map for the watershed in which the Township is located. One or more of these districts may be further subdivided into subareas which have similar hydrological characteristics and drain to a common point.

B. The location and boundaries of the watershed(s) and subareas are shown on the designated Monongahela River Stormwater Management Watershed Map, which is hereby adopted as part of this Section.

2. General Standards.

A. The following provisions shall be considered the overriding performance standards against which all proposed stormwater control measures shall be evaluated and shall apply throughout the municipality of Elizabeth Township:

(1) Any landowner and any person engaged in the alteration or development of land which may affect stormwater runoff characteristics shall implement such measures as are reasonably necessary to prevent injury to health, safety or other property. Such measures shall include such actions as are required:

(a) To assure that the maximum rate of stormwater runoff is no greater after development than prior to development activities; or controlled at the release rate percentage as indicated on the designated Monongahela River Stormwater Management Watershed Map.

(b) To manage the quantity, velocity and direction of resulting stormwater runoff in a manner which otherwise adequately protects health and property from possible injury.

B. The stormwater management plan for the development site must consider all the stormwater runoff flowing over the site.

C. No discharge of toxic materials shall be permitted into any stormwater management system.

3. Watershed Standards; Designated Monongahela River Stormwater Management Watershed.

A. The stormwater performance standards contained in this Section are intended to implement the standards and criteria contained in the designated Monongahela River Stormwater Management Watershed Plan, adopted and approved in accordance with the Pennsylvania Stormwater Management Act. If there is any discrepancy between the provisions of this Section and the standards and criteria of the plan, or if the watershed plan is subsequently amended, then the standards/-criteria of the most current watershed plan shall govern.

B. Storm Frequencies. Stormwater management facilities on all development sites shall control the peak stormwater discharge for the two, 10, 25 and 100 year storm frequencies. The SCS 24 hour, Type II Rainfall Distribution shall be used for analyzing stormwater runoff for both pre- and post-development conditions. The 24 hour total rainfall for these storm frequencies in the watershed are:

	Storm Frequency	Rainfall Depth (inches)
	2 year	2.50
	10 year	3.61
	25 year	4.31
	100 year	5.71

(For additional information or data on other storm return periods, consult the "Rainfall Duration Frequency Tables of Pennsylvania," produced by PaDER, Office of Resource Management, Bureau of Dams and Waterways Management, Division of Stormwater Management, Harrisburg, February, 1983.)

C. Calculation Methods.

(1) Development Sites. For the purpose of computing peak flow rates and runoff hydrographs from development sites, calculations shall be performed using one of the following: SCS publications, Technical Release (TR) 55 or 20, HEC I or Penn State Runoff Model. The rational formula may be used for small developments, see § 106(2).

(2) Stormwater Collection/Conveyance Facilities. For the purposes of designing storm sewers, open swales and other stormwater runoff collection and conveyance facilities, any of the above calculation methods or the Rational Method may be used. Rainfall intensities for design should be obtained from the Pennsylvania Department of Transportation rainfall charts.

(3) Predevelopment Conditions. Predevelopment conditions shall be assumed to be those which exist on any site at the time of adoption of the designated Monongahela River Stormwater Management Watershed Plan. Hydrologic conditions for all areas with pervious cover (i.e., fields, woods, lawn areas, pastures, cropland, etc.) shall be assumed to be in "good" condition, and the lowest recommended SCS runoff curve number (CN) shall be applied for all pervious land uses within the respective range for each land use and hydrologic soil group.

(4) Routing of hydrographs through detention/retention facilities for the purpose of design of those facilities shall be accomplished using the Modified-Puls Method or recognized reservoir routing method subject to the approval of Elizabeth Township and Allegheny County.

D. Release Rate Percentage.

(1) Definition. The release rate percentage defines the percentage of the predevelopment peak rate of runoff that can be discharged from an outfall on the site after development. It applies uniformly to all land development or alterations within a subarea. The subareas are delineated on the Township stormwater management district map.

(2) Procedure for Use.

(a) Identify the specific subarea in which the development site is located from the watershed map and obtain the subarea release rate percentage as indicated on the map.

(b) Compute the pre- and post-development runoff hydrographs for each stormwater outfall on the development site using an acceptable calculation method for the two, 10, 25 and 100 year storms. Apply no onsite detention for stormwater management but include any techniques to minimize impervious surfaces and/or increase the time of concentration for stormwater runoff flowing from the development site. If the post development peak runoff rate and the runoff volume are less than or equal to the predevelopment peak runoff rate and volume, then additional stormwater control shall not be required at that outfall. If the post development peak runoff rate and volume are greater than the predevelopment peak runoff rate and volume, then stormwater detention will be required and the capacity of the detention facility must be calculated in the manner prescribed below.

(c) Multiply the subarea release rate percentage by the predevelopment rate of runoff from the development site to determine the maximum allowable release rate from any detention facility for the four prescribed storm events.

(d) Design the outlet control facilities and size the volume of the detention facility using the calculated post development hydrography and accepted hydrography routing procedures in consideration of the maximum allowable release rate.

E. No Harm Evaluation.

(1) An applicant may seek to exceed the otherwise applicable subarea release rate percentage by performing the "no harm evaluation." This evaluation requires an independent engineering analysis to demonstrate that other reasonable options exist to prevent the occurrence of increase stormwater runoff discharge rates and/or velocities or that measures can be provided to prevent increased stormwater discharge rates and/or velocities from increasing flood elevations and accelerating erosion at all downstream points in the watershed.

(2) A "no harm evaluation" will be considered only in instances where the discharge to a stream channel from the development occurs directly to the Youghiogheny and Monongahela River, or through a properly sized and designed regional stormwater detention facility.

(3) The analysis for the no harm evaluation shall be submitted to the Township Engineer and Allegheny Planning Department for review and approval.

(4) The "no harm evaluation" shall be prepared by a registered engineer who is experienced in hydrology and hydraulics. The "no harm evaluation" shall be completed using the following procedures:

(a) 

The Penn State Runoff Model (PSRM) is the hydrologic model required in this procedure. Use of this model would produce results from a "no harm evaluation" analysis that could be compared to the results of the watershed study.

1) Develop the runoff hydrograph(s) for the design storms of the site and areas tributary to it using the PSRM and the designated Monongahela River Stormwater Management Watershed Plan and use of the development for both predevelopment and postdevelopment conditions.

2) Develop the runoff hydrograph(s) for the proposed site using the PSRM. If no management or controls or proposed, this would be equivalent to the runoff hydrograph under postdevelopment conditions. If some management or controls are proposed, then the runoff hydrograph under post development conditions would be modified to reflect their effect on the rate, volume and timing of discharges.

3) Subtract the runoff hydrograph ordinates under predevelopment conditions (Step 1) from the discharge hyrdograph ordinates (Step 2), maintaining the time scales of both hydrographs for one-to-one correspondence.

4) Obtain the PSRM for existing conditions for the designated Monongahela River Stormwater Management Watershed from the County.

5) Locate the subbasin(s) in which the proposed development is located and into which the discharge hydrograph enters. If more than one subbasin receives this incremental flow, divide the flow accordingly.

6) Add the incremental increase computed in Step 3 to the runoff hydrograph for the subbasin(s) identified in Step 5.

7) Route the adjusted runoff hydrograph through the Monongahela River Watershed PSRM and note any increase in peak flows which would occur in downstream subbasins. If no increase is noted, then the "no harm" has been demonstrated. If no increase is observed in peak flows, the increased potential for erosion and/or sedimentation in downstream channels resulting from any change in the flood hydrograph predicted by the model shall be evaluated. If no increased potential can be demonstrated by appropriate technical means, then the "no harm" exemption may be requested.

8) If an increase in peak flow is observed in any of the downstream subbasins or increased potential for erosion and/or sedimentation is indicated, the "no harm" exemption shall not be granted.

§ 103 Design Criteria for Stormwater Management Controls.

[Ord. 671, 3/6/1995, § 103; as amended by Ord. 835, 6/4/2007, § 1]

1. General Criteria.

A. Applicants may select runoff control techniques, or a combination of techniques, which are most suitable to control stormwater runoff from the development site. All controls must be subject to approval of the Township Engineer. The Township Engineer may request specific information on design and/or operating features of the proposed stormwater controls in order to determine their suitability and adequacy in terms of the standards of this Part.

B. The applicant should consider the effect of the proposed stormwater management techniques on any special soil conditions or geological hazards which may exist on the development site. In the event such conditions are identified on the site, the Township Engineer may require in-depth studies by a competent geotechnical engineer. Not all stormwater control methods may be advisable or allowable at a particular development site.

C. The stormwater management practices to be used in developing a stormwater management plan for a particular site shall be selected according to the following order of preference:

(1) Infiltration of runoff onsite.

(2) Flow attenuation by use of open vegetated swales and natural depressions.

(3) Stormwater detention/retention structures.

D. Infiltration practices shall be used to the extent practicable to reduce volume increases and promote groundwater recharge. A combination of successive practices may be used to achieve the applicable minimum control requirements. Justification shall be provided by the applicant for rejecting each of the preferred practices based on actual site conditions.

2. Criteria for Infiltration Systems.

A. Infiltration systems shall be sized and designed based upon local soil and ground water conditions.

B. Infiltration systems greater than three feet deep shall be located at least 10 feet from basement walls.

C. Infiltration systems shall not be used to handle runoff from commercial or industrial working or parking areas. This prohibition does not extend to roof areas which are demonstrated to be suitably protected from the effects of the commercial/industrial activities.

D. Infiltration systems may not receive runoff until the entire drainage area to the system has received final stabilization.

E. The stormwater infiltration facility design shall provide an overflow system with measures to provide a nonerosive velocity of flow along its length and at the outfall.

3. Criteria for Flow Attenuation Facilities.

A. If flow attenuation facilities are employed to assist in the control of peak rates of discharge, their effects must be quantified using the SCS Technical Release (TR) 55, Urban Hydrology for Small Watersheds or other approved material. The effects of the flow attenuation facilities on travel time should be reflected in the calculations.

B. Flow attenuation facilities such as swales and natural depressions should be properly graded to ensure positive drainage and avoid prolonged ponding of water.

C. Swales shall be properly vegetatively stabilized or otherwise lined to prevent erosion.

D. Swales shall be designed according to the recommendations contained in the Commonwealth of Pennsylvania, Erosion and Sediment Pollution Control Program Manual.

4. Criteria for Stormwater Detention Facilities.

A. If detention facilities are utilized for the development site, the facility(ies) shall be designed such that postdevelopment peak runoff rates from the developed site are controlled to those rates defined by the subarea release rate percentage for the two, 10, 25 and 100 year storm frequencies.

B. All detention facilities shall be equipped with outlet structures to provide discharge control for the four designated storm frequencies. Provisions shall also be made to safely pass, at minimum, the postdevelopment 100 year storm runoff without breaching or otherwise damaging (i.e., impairing the continued function of) the facilities. Should any stormwater management facilities qualify as a dam under PaDER Chapter 105, the facility shall be designed in accordance with those regulations and meet the regulations concerning dam safety.

C. Shared storage facilities, which provide detention of runoff for more than one development site within a single subarea, may be considered and are encouraged. Such facilities shall meet the criteria contained in this Section. In addition, runoff from the development sites involved shall be conveyed to the facility in a manner that avoids adverse impacts (such as flooding or erosion) to channels and properties located between the development site and the shared storage facilities.

D. Where detention facilities will be utilized, multiple use facilities, such as wetlands, lakes, ballfields or similar recreational/open space uses are encouraged wherever feasible, subject to the approval of the Township and Pennsylvania Department of Environmental Resources' Chapter 105 regulations.

E. Other considerations which should be incorporated into the design of the detention facilities include:

(1) Inflow and outflow structures shall be designed and installed to prevent erosion and bottoms of impoundment type structures should be protected from soil erosion.

(2) Control and removal of debris both in the storage structure and in all inlet or outlet devices shall be a design consideration.

(3) Inflow and outflow structures, pumping stations and other structures shall be designed and protected to minimize safety hazards.

(4) Fencing.

(a) The water depth at the perimeter of a storage pond should be limited to that which is safe for children. This is especially necessary if bank slopes are steep or if ponds are full and recirculating in dry periods. Restriction of access shall be provided in the form of six-foot high vinyl fencing, dogear shadowbox type panels (Color Wicker) manufactured veranda or approved equal (Panel Model No. 73020872 (six feet by six feet), post kit Model 73002139, and Gate Model 73002471. Installation shall be in strict accord with the manufacturer's recommendations. The access gate shall be double width for eight-foot opening for entry (located for easy access and maintenance). Unless otherwise approved, the fence shall be placed along the outer perimeter of the pond berm. The access to the facility shall be designed and dimensioned to allow for entry by vehicular and maintenance equipment (i.e., truck, backhoe, grass cutting, etc.).

(b) The Board of Commissioners may consider an alternative fencing material when requested by the developer if, in the opinion of the Board, the fence location is suitable aesthetically or chain-link fence as follows: six foot high galvanized chain-link fence (with minimum No. 9 woven two-inch mesh, 2 3/8 inches O.D. line posts, 2 7/8 inches O.D. terminal posts, 1 1/4 inches O.D. top and bottom rail, 1 3/4 inches O.D. gate frame) with eight-foot access gates for entry (located for easy access and maintenance).

(5) Side slope of storage ponds shall not exceed a ratio of 2:1 horizontal to vertical dimension on outside slope; 3:1 on interior pond slopes.

(6) Landscaping shall be provided for the facility which harmonizes with the surrounding area.

(7) Facility shall be located to facilitate maintenance, considering the frequency and type of equipment that will be required.

5. Criteria for Collection/Conveyance Facilities.

A. All stormwater runoff collection or conveyance facilities, whether storm sewers or other open or closed channels, shall be designed in accordance with the following basic standards:

(1) All sites shall be graded to provide drainage away from and around the structure in order to prevent any potential flooding damage.

(2) Lots located on the high side of streets shall extend roof and French drains to the curb line storm sewer (if applicable). Low side lots shall extend roof and French drains to a stormwater collection/conveyance/control system or natural watercourse in accordance with the approved stormwater management plan for the development site.

(3) Collection/conveyance facilities should not be installed parallel and close to the top or bottom of a major embankment to avoid the possibility of failing or causing the embankment to fail.

(4) All collection/conveyance facilities shall be designed to convey the 25 year storm peak flow rate from the contributing drainage area and to carry it to the nearest suitable outlet such as a stormwater control facility, curbed street, storm sewer or natural watercourse.

(5) Where drainage swales or open channels are used, they shall be suitably lined to prevent erosion and designed to avoid excessive velocities.

B. Wherever storm sewers are proposed to be utilized, they shall comply with the following criteria:

(1) Where practical, designed to traverse under seeded and planted areas. If constructed within 10 feet of road paving, walks or other surfaced areas, drains shall have a narrow trench and maximum compaction of backfill to prevent settlement of the superimposed surface or development.

(2) Preferably installed after excavating and filling in the area to be traversed is completed, unless the drain is installed in the original ground with a minimum of three feet cover and/or adequate protection during the fill construction.

(3) Designed (1) with cradle when traversing fill areas of indeterminate stability, (2) with anchors when gradient exceeds 20 percent, and (3) with encasement or special backfill requirements when traversing under a paved area.

(4) Designed to adequately handle the anticipated stormwater flow and be economical to construct and maintain. The minimum pipe size shall be 15 inches in diameter.

(5) Drain pipe, trenching, bedding and backfilling requirements shall conform to the requirements of the Township and/or applicable PennDOT Specifications, Form 408.

(6) All corrugated metal pipe shall be polymer coated, and with asbestos bonding and paved inverts where prone to erode. Pipe within a Township right-of-way shall be reinforced concrete pipe or smooth interior polyethlene pipe with a minimum diameter of 15 inches.

(7) Storm inlets and structures shall be designed to be adequate, safe, self-cleaning and unobtrusive and consistent with municipal standards.

(8) Appropriate grates shall be designed for all catch basins, stormwater inlets and other entrance appurtenances. All items shall conform to the requirements of PennDOT specifications and/or Township requirements.

(9) Manholes shall be designed so that the top shall be at finished grade and sloped to conform to the slope of the finished grade. Top castings of structures located in roads or parking areas shall be machined or installed to preclude "rattling." All storm sewer lids shall be labeled with the word "Storm."

(10) Where proposed sewer connects with an existing storm sewer system, the applicant shall demonstrate that sufficient capacity exists in the downstream system to handle the additional flow.

(11) Storm sewer outfalls shall be equipped with energy dissipation devices to prevent erosion and conform with applicable requirements of the Pennsylvania DER for stream encroachments (Chapter 105 of Pennsylvania DER rules and regulations).

§ 104 Erosion and Sedimentation Controls.

[Ord. 671, 3/6/1995, § 104]

1. Erosion/sedimentation plan shall be provided in accordance with the Pennsylvania erosion/sedimentation regulations (25 Pa. Code, Chapter 102) and the standards and guidelines of the County Conservation District.

2. Proposed erosion/sedimentation measures shall be submitted with the stormwater management plan as part of the preliminary and final applications.

§ 105 Maintenance of Stormwater Management Controls.

[Ord. 671, 3/6/1995, § 105]

1. Maintenance Responsibilities.

A. The stormwater management plan for the development site shall contain an operation and maintenance plan prepared by the developer and approved by the Township Engineer. The operation and maintenance plan shall outline required routine maintenance actions and schedules necessary to insure proper operation of the facility(ies).

B. The stormwater management plan for the development site shall establish responsibilities for the continuing operation and maintenance of all proposed stormwater control facilities.

C. The Board of Supervisors shall make the final determination of the continuing maintenance responsibilities prior to final approval of the stormwater management plan. The Township reserves the right to accept or reject the ownership and operating responsibility for any or all of the stormwater management controls.

2. Maintenance Agreement for Privately Owned Stormwater Facilities.

A. Prior to final approval of the site's stormwater management plan the property owner shall sign and record a maintenance agreement covering all stormwater control facilities which are to be privately owned. The agreement shall stipulate that:

(1) The owner shall maintain all facilities in accordance with the approved maintenance schedule and shall keep all facilities in a safe and attractive manner.

(2) The owner shall convey to the Township easements and or rights-of-way to assure access for periodic inspections by the Township and maintenance, if required.

(3) The owner shall keep on file with the Township the name, address and telephone number of the person or company responsible for maintenance activities; in the event of a change, new information will be submitted to the Township within 10 days of the change.

B. Other items may be included in the agreement where determined necessary to guarantee the satisfactory maintenance of all facilities. The maintenance agreement shall be subject to the review and approval of the Township Solicitor.

§ 106 Stormwater Plan Requirements.

[Ord. 671, 3/6/1995, § 106]

1. General Requirements. No final subdivision/land development plan [shall] be approved, no permit authorizing construction issued, or any earthmoving or land disturbance activity initiated until the final stormwater management plan for the development site is approved in accordance with the provisions of this Part.

2. Exemptions for Small Developments.

A. At the time of application the Township shall determine if the subdivision development qualifies as a "small development" and, therefore, is eligible for a simplified stormwater plan submission. For the purposes of this Part, a small development is any subdivision or land development which results in (or will result when fully constructed) the creation of 5,000 or less square feet of impervious area and one acre or less of any land cover change.

B. Applications for small developments shall include a plan which describes the type and location of proposed onsite stormwater management techniques or the proposed connection to an existing storm sewer system. The plan should show accurately site boundaries, five foot interval contours, locations of watershed and/or subarea boundaries on the site (if applicable) and any watercourses, floodplains or existing drainage facilities or structures located on the site. Contingent upon the approval of the Township Engineer, alternative runoff computational techniques, such as the Rational Method, may be used where applicable. The Township reserves the right to require that the plan be prepared by a registered professional engineer, surveyor or landscape architect.

C. The Township Engineer shall review and approve the proposed provisions for stormwater management in accordance with the standards and requirements of this Part.

3. Stormwater Plan Contents.

A. General Format. The stormwater plan shall be drawn at a scale of not less than one inch equals 200 feet. All sheets shall contain a title block with name and address of applicant and engineer, scale, north arrow, legend and date of preparation.

B. Existing and Proposed Features. The plan shall show the following:

(1) Watershed Location. Provide a key map showing the location of the development site within the watershed(s) and watershed subarea(s). On all site drawings, show the boundaries of the watershed(s) and subarea(s) as they are located on the development site and identify watershed name(s) and subarea number(s).

(2) Floodplain Boundaries. Identify 100 year floodplains on the development site (as appropriate) based on the municipal flood insurance study maps.

(3) Natural Features. Show all bodies of water (natural or artificial), watercourses, (permanent and intermittent), swales, wetlands and other natural drainage courses on the development site, or which will be affected by runoff from the development.

(4) Soils. Provide an overlay showing soil types and boundaries within the development site (consult County, SCS and U.S. Geological Survey for information).

(5) Contours. Show existing and final contours at intervals of five feet.

(6) Land Cover. Show existing and final land cover classifications as necessary to support and illustrate the runoff calculations performed.

(7) Drainage Area Delineations. Show the boundaries of the drainage areas employed in the runoff calculations performed.

(8) Stormwater Management Controls. Show any existing stormwater management or drainage controls and/or structures, such as sanitary and storm sewers, swales, culverts, etc., which are located on the development site, or which are located offsite but will be affected by runoff from the development.

C. Professional Certification. The stormwater management plan (including all calculations) must be prepared and sealed by a registered professional engineer, surveyor or landscape architect with training and expertise in hydrology and hydraulics. Documentation of qualifications may be required by the Township.

D. Runoff Calculations. Calculations for determining pre and postdevelopment discharge rates and for designing proposed stormwater control facilities must be submitted with the stormwater management plan. All calculations shall be prepared using the methods and data prescribed by § 102 of this Part.

E. Stormwater Controls. All proposed stormwater runoff control measures must be shown on the plan including methods for collecting, conveying and storing stormwater runoff onsite, which are to be used both during and after construction. Erosion and sedimentation controls shall be shown in accordance with applicable Township and County Conservation District requirements. The plan shall provide information of the exact type, location, sizing, design and construction of all proposed facilities and relationship to the existing watershed drainage system.

(1) If the development is to be constructed in stages, the applicant must demonstrate that stormwater facilities will be installed to mange stormwater runoff safely during each stage of development.

(2) A schedule for the installation of all temporary and permanent stormwater control measures and devices shall be submitted.

(3) If appropriate, a justification should be submitted as to why any preferred stormwater management techniques, as listed in § 103, are not proposed for use.

F. Easements, Rights-of-Way, Deed Restrictions. All existing and proposed easements and rights-of-way for drainage and/or access to stormwater control facilities shall be shown and the proposed owner identified. Show any areas subject to special deed restrictions relative to or affecting stormwater management on the development site.

G. Other Permits/Approvals. A list of any approvals/permits relative to stormwater management that will be required from other governmental agencies (including DER Chapter 105 and 106 permits) and anticipated dates of submission/receipt should be included with the stormwater plan submission. Copies of permit applications may be requested by the Township where they may be helpful for the plan review.

H. Maintenance Program. The application shall contain a proposed maintenance plan for all stormwater control facilities in accordance with the following:

(1) Identify the proposed ownership entity (e.g. municipality, property owner, private corporation, homeowner's association or other entity).

(2) Include a maintenance program for all facilities, outlining the type of maintenance activities, probable frequencies, personnel and equipment requirements and estimated annual maintenance costs.

(3) Identify method of financing continuing operation and maintenance if the facility is to be owned by other than the Township or governmental agency.

(4) Submit any legal agreements required to implement the maintenance program and copies of the maintenance agreement as required by this Part.

I. Financial Guarantees. Submit financial guarantees in accordance with the provisions of this Part.

§ 107 Plan Review Procedures.

[Ord. 671, 3/6/1995, § 107]

1. Preapplication Phase.

A. Before submitting the stormwater plan, applicants are urged to consult with the Township, County Planning Department and County Conservation District on the requirements for safely managing from the development site in a manner consistent with the Township ordinances and applicable watershed stormwater management plan. These agencies may also be helpful in providing necessary data for the stormwater management plan.

B. Applicants are encouraged to submit a sketch plan with a narrative description of the proposed stormwater management controls for general audience and discussion with the Township and other agencies.

C. The preapplication phase is not mandatory; any review comments provided by the Township or other agencies are advisory only and do not constitute any legally binding action on the part of the Township or any County agency.

2. Stormwater Plan Review.

A. Submission of Plans. Stormwater plan applications shall be submitted with the preliminary and final subdivision/land development applications.

B. Notification of Affected Municipalities. Copies of the plans will be made available to upstream and downstream municipalities affected, upon request. Comments received from any affected municipality will be considered by the Township Engineer and County agencies in their review.

C. County Planning Review.

(1) A copy of the stormwater plan, along with all runoff calculations, shall be forwarded to the Allegheny County Planning Department. A report of the findings will be returned to the Township within 30 days.

(2) If the Planning Department review identifies that the plan fails to comply with the watershed standards and criteria or that a possibility exists for harmful downstream impacts from the development site, the applicant will be advised so that the necessary modifications can be made to the stormwater management controls for the development site. The Township Engineer shall not approve the development site's stormwater management plan until modifications are made and the plan receives a positive review from the County Planning Department.

D. Township Engineer's Review. The Township Engineer shall approve or disapprove the stormwater management plan based on the requirements of the Township ordinances, the standards and criteria of the watershed plan and good engineering practice. The Engineer shall submit a written report, along with supporting documentation, stating their reasons for approval or disapproval.

E. Status of the Engineer's Determination. The approval/disapproval of the site's stormwater management plan by the Township Engineer shall be considered final. The Board of Supervisors shall not reverse the Engineer's determination by approving or disapproving the site's stormwater management plan or any specific control measure in contradiction to the Engineer's action. The Board of Supervisors may request information or alternative approaches to the stormwater management controls, provided these are agreed to by the Township Engineer and the applicant's engineer.

F. Permits Required From Other Governmental Agencies. Where the proposed development requires an obstruction permit from the Pennsylvania DER or an erosion/sedimentation permit from the County Conservation District, then final stormwater management plan approval shall be conditional upon receipt of such permits. However, no building permit shall be issued, nor construction started, until the permits are received and copies filed with the Township.

§ 108 Status of the Stormwater Plan After Final Approval.

[Ord. 671, 3/6/1995, § 108]

1. Upon final stormwater plan approval and receipt of all necessary permits, the applicant may commence to install or implement the approved stormwater management controls.

2. If site development or building construction does not begin within two years of the date of final approval of the stormwater management plan, then before doing so, the applicant shall resubmit the stormwater management plan to verify that no condition has changed within the watershed that would affect the feasibility or effectiveness of the previously approved stormwater management controls. Further, if for any reason development activities are suspended for two years or more then the same requirement for resubmission of the stormwater management plan shall apply.

§ 109 Stormwater Plan Modifications.

[Ord. 671, 3/6/1995, § 109]

1. If the request for a plan modification is initiated before construction beings, the stormwater plan must be resubmitted and reviewed according to the procedures contained in § 107 above.

2. If the request for a plan modification is initiated after construction is underway, the Township Engineer shall have the authority to approve or disapprove the modification based on field inspection provided: (1) the requested changes in stormwater controls do not result in any modifications to other approved Township land use/development requirements (e.g., building setbacks, yards, etc.) and (2) the performance standards in § 102 are met. Notification of the Engineer's action shall be sent to the Board of Supervisors which may issue a stay of the plan modification within five days and require the permittee to resubmit the plan modification for full stormwater plan review in accordance with § 107 above.

§ 110 Inspections of Stormwater Management Controls.

[Ord. 671, 3/6/1995, § 110]

1. If required due to the size of location of the stormwater control facility the Township Engineer or a designated representative shall inspect the construction of the temporary and permanent stormwater management system for the development site. The permittee shall notify the Engineer 48 hours in advance of the completion of the following key development phases:

A. At the completion of preliminary site preparation, including stripping of vegetation, stockpiling of topsoil and construction of temporary stormwater management and erosion control facilities.

B. At the completion of rough grading but prior to placing topsoil, permanent drainage or other site development improvements and ground covers.

C. During construction of the permanent stormwater facilities at such times as specified by the Township Engineer.

D. Completion of permanent stormwater management facilities including established ground covers and plantings.

E. Completion of final grading, vegetative control measures or other site restoration work done in accordance with the approved plan and permit.

2. No work shall commence on any subsequent phase until the preceding one has been inspected and approved. If there are deficiencies in any phase, the Township Engineer shall issue a written description of the required corrections and stipulate the time by which they must be made.

3. If during construction the contractor or permittee identifies any site condition, such as subsurface soil conditions, alterations in surface or subsurface drainage which could affect the feasibility of the approved stormwater facilities, he/she shall notify the Township Engineer within 24 hours of the discovery of such condition and request a field inspection. The Township Engineer shall determine if the condition requires a stormwater plan modification.

4. In cases where stormwater facilities are to be installed in areas of landslide-prone soils or other special site conditions exist, the Township may require special precautions such as soil test and core borings, full-time inspectors and/or similar measures. All costs of any such measures shall be borne by the permittee.

5. All inspection cost as incurred from compliance with §§ 110(1) through (4) shall be borne by the permittee.

§ 111 Financial Guarantees and Dedication of Public Improvements.

[Ord. 671, 3/6/1995, § 111]

1. Guarantee of Completion. A completion guarantee in the form of a bond, cash deposit, certified check or other negotiable securities acceptable to the Township shall be filed. The guarantee shall cover all streets, sanitary sewers, stormwater management facilities, water systems, fire hydrants, sidewalks and other required improvements; it shall be in the amount and from prescribed by the Municipalities Planning Code, § 509.

2. Release of Completion Guarantee. The completion guarantee shall be returned or released upon written certification by the Township Engineer, or a designated agent, that improvements and facilities have been installed and completed in accordance with the approved plan and specifications. The procedures for requesting and obtaining a release of the completion guarantee shall be in a manner prescribed by the Municipalities Planning Code, § 510.

3. Default of Completion Guarantee. If improvements are not installed in accordance with the approved final plan, the Board of Supervisors may enforce any corporate bond or other security by appropriate legal and equitable remedies. If proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Board of Supervisors may, at its option, install part of such improvements in all or part of the development and may institute appropriate legal or equitable action to recover the monies necessary to complete the remainder of the improvements. All proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security and not for any other Township purpose.

4. Dedication of Public Improvements.

A. When street, sanitary sewers, stormwater management facilities, water lines or other required improvements in the development have been completed in accordance with the final approved plan, such improvements shall be deemed private until such time as they have been offered for dedication to the Township and accepted by separate ordinance or resolution or until they have been condemned for use as a public facility.

B. Prior to acceptance of any improvements or facilities, the Township Engineer shall inspect it to ensure that it is constructed in accordance with the approved plan and is functioning properly. In the case of any stormwater control facility, it must be free of sediment and debris.

C. The owner shall submit as-built plans for all facilities proposed for dedication.

5. Maintenance Guarantee. Prior to acceptance of any improvements or facilities, the applicant shall provide a financial security to secure the structural integrity and functioning of the improvements. The security shall: (1) be in the form of a bond, cash, certified check or other negotiable securities acceptable to the Township, (2) be for a term of 18 months, and (3) be in an amount equal to 15 percent of the actual cost of the improvements and facilities so dedicated.

§ 112 Fee Schedule.

[Ord. 671, 3/6/1995, § 112]

The Township may adopt by resolution, from time to time, a reasonable schedule of fees to cover the cost of plan review, inspections and other activities necessary to administer the provisions of this Part. All fees shall be set in accordance with the applicable provisions of the Municipalities Planning Code and any dispute over the fee amount shall be resolved in the manner described by the Planning Code.

§ 113 Enforcement Procedures and Remedies.

[Ord. 671, 3/6/1995, § 113]

1. Right of Entry. Upon presentation of proper credentials, duly authorized representatives of the Township may enter at reasonable times upon any property to investigate or ascertain the condition of the subject property in regard to an aspect regulated by this Part.

2. Notification. In the event that the applicant, developer, owner or his/her agent fails to comply with the requirements of this Part or fails to conform to the requirements of any permit, a written notice of violation shall be issued. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of the violation(s). Upon failure to comply within the time specified, unless otherwise extended by the Township, the applicant, developer, owner or his/her agent shall be subject to the enforcement remedies of this Part.

3. Preventive Remedies.

A. In addition to other remedies, the Township may institute and maintain appropriate actions by law or in equity to restrain, correct or abate a violation, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building or premises.

B. In accordance with the Planning Code, § 515.1, the Township may refuse to issue any permit or grant approval to further improve or develop any property which has been developed in violation of this Part.

4. Enforcement Remedies.

A. Any person who has violated or knowingly permitted the violation of the provisions of this Part shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Township, pay a fine of not less than $50.00 and not more than $500.00 plus court costs, including reasonable attorney fees incurred by the Township. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the district justice.

B. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to applicable rules of civil procedure.

C. Each day that a violation continues shall constitute a separate violation unless the district justice further determines that there was a good faith basis for the person violating this Part to have believed that there was no such violation. In such case there shall be deemed to have been only one such violation until the fifth day following the date of the district justice's determination of a violation; thereafter, each day that a violation continues shall constitute a separate violation.

D. All judgments, costs and reasonable attorney fees collected for the violation of this Part shall be paid over to the Township.

E. The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.

F. Nothing contained in this Section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this Section.

5. Additional Remedies. In addition to the above remedies, the Township may also seek remedies and penalties under applicable Pennsylvania statutes, or regulations adopted pursuant thereto including, but not limited to, the Stormwater Management Act, 32 P.S. §§ 693.1-693.27, and the Erosion and Sedimentation Regulations, 25 Pa. Code, Chapter 102. Any activity conducted in violation of this Part or any Pennsylvania approved watershed stormwater management plan may be declared a public nuisance by the Township and abatable as such.

§ 114 Definitions.

[Ord. 671, 3/6/1995, § 114]

ACT 

The Stormwater Management Act (Act of October 4, 1978, P.L. 864, No. 167; 32 P.S. §§ 680.1-680.17, as amended by Act of May 24, 1984, No. 63).

APPLICANT

A landowner or developer who has filed an application for development including his/her heirs, successors and assigns.

CHANNEL

A perceptible natural or artificial waterway which periodically or continuously contains moving water or which forms a connecting link between two bodies of water. It has a definite bed and banks which confine the water.

CONSERVATION DISTRICT

The Allegheny County Conservation District.

CULVERT

A closed conduit for the free passage of surface drainage under a highway, railroad, canal or other embankment.

DESIGN CRITERIA

1. Engineering guidelines specifying construction details and materials.

2. Objectives, results or limits which must be met by a facility, structure or process in performance of its intended functions.

DESIGN STORM

See "storm frequency."

DETENTION

The slowing, dampening or attenuating of runoff flows entering the natural drainage pattern or storm drainage system by temporarily holding water on a surface area in a detention basin or within the drainage system.

DETENTION POND

A pond or reservoir, usually small, constructed to impound or retard surface runoff temporarily.

DEVELOPER

The person, persons or any corporation, partnership, association or other entity or any responsible person therein or agent therefore that undertakes the activities associated with changes in land use. The term "developer" is intended to include but not necessarily be limited to the term "subdivider," "owner" and "builder," even though the individuals involved in successive stages of a project may vary.

DEVELOPMENT

Any activity, construction, alteration, change in land use or practice that affect stormwater runoff characteristics.

DISCHARGE

The flow or rate of flow from a canal, conduit, channel or other hydraulic structure.

DRAINAGE

In general, the removal of surface water from a given area. Commonly applied to surface water and ground water.

DRAINAGE AREA

1. The area of a drainage basin or watershed, expressed in acres, square miles or other unit of area. Also called catchment area, watershed, river basin.

2. The area served by a sewer system receiving storm and surface water, or by a watercourse.

ENCROACHMENT

Any structure or activity which in any manner changes, expands or diminishes the course, current or cross section of any watercourse, floodway or body of water.

EROSION

Wearing away of the land by running water, winds and waves.

EROSION CONTROL

The application of measures to reduce erosion of land surfaces.

GROUND COVER

Materials covering the ground surface.

GROUND WATER

Subsurface water occupying the saturation zone, from which wells and springs are fed.

GROUND WATER RECHARGE

Replenishment of ground water naturally by precipitation or runoff or artificially by spreading or injection.

IMPERVIOUS

Not allowing or allowing only with great difficulty the movement of water; impermeable.

INFILTRATION

1. The flow or movement of water through the interstices or pores of a soil or other porous medium.

2. The absorption of liquid by the soil.

LAND DEVELOPMENT

any of the following activities:

1. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving: (a) a group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or (b) the division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means or, for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

2. A subdivision of land.

LAND DISTURBANCE

Any activity involving the changing, grading, transportation, fill and any other activity which causes land to be exposed to the danger of erosion.

MAINTENANCE

The upkeep necessary for efficient operation of physical properties.

MUNICIPALITY

Township of Elizabeth.

NATURAL STORMWATER RUNOFF REGIME

A watershed where natural surface configurations, runoff characteristics and defined drainage conveyances have attained the conditions of equilibrium.

OUTFALL

1. The point, location or structure where drainage discharges from a sewer, drain or other conduit.

2. The conduit leading to the ultimate discharge point.

OUTLET CONTROL STRUCTURE

The means of controlling the relationship between the headwater elevation and the discharge, placed at the outlet or downstream end of any structure through which water may flow.

PERFORMANCE STANDARD

A standard which establishes an end result or outcome which is to be achieved but does not prescribe specific means for achieving it.

PEAK FLOW

Maximum flow.

PENNSYLVANIA DER

Pennsylvania Department of Environmental Resources.

RELEASE RATE PERCENTAGE

The watershed factor determined by comparing the maximum rate of runoff from a subbasin to the contributing rate of runoff to the watershed peak rate at specific points of interest.

RETENTION POND

A basin, usually enclosed by artificial dikes, that is used to retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate.

RETURN PERIOD

The average interval in years over which an event of a given magnitude can be expected to recur.

RUNOFF

That part of precipitation which flows over the land.

RUNOFF CHARACTERISTICS

The surface components of any watershed which affect the rate, amount and direction of stormwater runoff. These may include, but are not limited to, vegetation, soils, slopes and manmade landscape alterations.

SCS

U.S. Department of Agriculture Soil Conservation Service.

SEDIMENT

Mineral or organic solid material that is being transported or has been moved from its site of origin by air, water or ice and has come to rest.

SEDIMENTATION

The process by which mineral or organic matter is accumulated or deposited by moving water, wind or gravity.

STORAGE FACILITY

See "detention pond" and "retention pond."

STORM FREQUENCY

The average interval in years over which a storm event of a given precipitation volume can be expected to occur.

STORM SEWER

A sewer that carries intercepted surface runoff, street water and other drainage but excludes domestic sewage and industrial waste.

STORMWATER

That portion of precipitation which runs over the land.

STORMWATER COLLECTION SYSTEM

Natural or manmade structures that collect and transport stormwater through or from a drainage area to the point of final outlet including, but not limited to, any of the following: conduits and appurtenant features, canals, channels, ditches, streams, culverts, streets and pumping stations.

STORMWATER MANAGEMENT PLAN

The plan for managing stormwater runoff adopted by Allegheny County as required by the Stormwater Management Act.

SWALE

A low-lying stretch of land which gathers or carries surface water runoff.

WATERCOURSE

any channel for conveyance of surface water runoff.

WATERSHED

The entire region or area drained by a river or other body of water whether natural or artificial. A "designated watershed" is an area delineated by the Pennsylvania DER and approved by the Environmental Quality Board for which counties are required to develop watershed stormwater management plans.

WATERSHED STORMWATER MANAGEMENT PLAN

The plan for managing stormwater runoff throughout a designated watershed adopted by Allegheny County as required by the Pennsylvania Stormwater Management Act.

Part 2 Stormwater Management Controls

§ 201 Stormwater Management Performance Standards.

[Ord. 841, 7/2/2007, § 1]

1. General Requirements.

A. No person in the Township shall allow, or cause to allow, stormwater discharges into the Township's separate storm sewer system which are not composed entirely of stormwater, except:

(1) As provided in Subsection B below; and

(2) Discharges allowed under a state or federal permit.

B. Discharges which may be allowed, based on a finding by the Township that the discharge(s) do not significantly contribute to pollution of surface waters of the Commonwealth are:

(1) Discharges from fire-fighting activities.

(2) Potable water sources, including dechlorinated waterline and fire hydrant flushings.

(3) Irrigation drainage.

(4) Routine external building washdown (which does not use detergents or other compounds).

(5) Air conditioning condensate.

(6) Water from individual residential car washing.

(7) Uncontaminated water from foundation or from footing drains.

(8) Flows from riparian habitats and wetlands.

(9) Lawn watering.

(10) Pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred (unless all spill material has been removed) and where detergents are not used..

(11) Dechlorinated swimming pool discharges.

(12) Springs.

(13) Uncontaminated groundwater.

C. In the event that the Township determines that any of the discharges identified in Subsection B significantly contribute to pollution of waters of the Commonwealth, or is so notified by the Pennsylvania Department of Environmental Protection, the Township will notify the responsible person to cease the discharge.

D. Upon notice provided by the Township under Subsection C, the discharger will have a reasonable time, as determined by the Township, to cease the discharge consistent with the degree of pollution caused by the discharge.

E. Nothing in this Section shall affect a discharger's responsibilities under state law.

2. Prohibited Connections. The following connections are prohibited, except as provided in Subsection B above:

A. Any drain or conveyance, whether on the surface or subsurface, which allows any non-stormwater discharge, including sewage, process wastewater, and wash water, to enter the separate storm sewer system and any connections to the storm drain system from indoor drains and sinks; and

B. Any drain or conveyance connected from a commercial or industrial land use to the separate storm sewer system which has not been documented in plans, maps, or equivalent records, and approved by the Township.

§ 202 Erosion and Sedimentation Controls.

[Ord. 841, 7/2/2007, § 2]

1. No regulated earth disturbance activities within the Township shall commence until approval by the Township of an Erosion and Sediment Control Plan for construction activities.

2. The Pennsylvania Department of Environmental Protection (DEP) has regulations that require an Erosion and Sediment Control Plan for any earth disturbance activity of 5,000 square feet or more, under 25 Pa. Code § 102.4(b).

3. In addition, under 25 Pa. Code Chapter 92, a DEP NPDES Construction Activities permit is required for any earth disturbance one acre or more with a point source discharge to surface waters or the Township's storm sewer system, or five acres or more regardless of the planned runoff (hereinafter collectively referred to as "regulated earth disturbance activities"). This includes earth disturbance on any portion of, part of, or during any stage of, a larger common plan of development.

4. Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate DEP regional office or County Conservation District must be provided to the Township. The issuance of an NPDES Construction Permit (or permit coverage under the statewide General Permit (PAG-2)) satisfies the requirement of Subsection 3.

5. A copy of the Erosion and Sediment Control Plan and any required permit, as required by DEP regulations, shall be available at the project site at all times.

§ 203 Inspections of Stormwater Management Controls.

[Ord. 841, 7/2/2007, § 3]

1. No regulated earth disturbance activities within the Township shall commence until approval by the Township of a plan which demonstrates compliance with State Water Quality Requirements after construction is complete.

2. The best management practices (BMPs) must be designed to protect and maintain existing uses (e.g., drinking water use; cold water fishery use) and maintain the level of water quality necessary to protect those uses in all streams, and to protect and maintain water quality in "special protection" streams, as required by statewide regulations at 25 Pa. Code Chapter 93 (collectively referred to herein as "State Water Quality Requirements").

3. To control post-construction stormwater impacts from regulated earth disturbance activities, State Water Quality Requirements can be met by BMPs, including site design, which provide for replication of preconstruction stormwater infiltration and runoff conditions, so that post-construction stormwater discharges do not degrade the physical, chemical or biological characteristics of the receiving waters. As described in the DEP comprehensive Stormwater Management Policy (#392-0300-00, September 28, 2002), this may be achieved by the following:

A. Infiltration: replication of preconstruction stormwater infiltration conditions;

B. Treatment: use of water quality treatment BMPs to ensure filtering out of chemical and physical pollutants from the stormwater runoff; and

C. Streambank and Streambed Protection: management of volume and rate of post-construction stormwater discharges to prevent physical degradation of receiving waters (e.g., from scouring and erosion).

4. DEP has regulations that require municipalities to ensure design, implementation and maintenance of best management practices (BMPs) that control runoff from new development and redevelopment (hereinafter "development") after regulated earth disturbance activities are complete. These requirements include the need to implement post-construction stormwater BMPs with assurance of long-term operations and maintenance of those BMPs.

5. Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate DEP regional office or County Conservation District must be provided to the Township. The issuance of an NPDES Construction Permit [or permit coverage under the statewide General Permit (PAG-2)] satisfies the requirements of this Subsection 5.

§ 204 Additional Enforcement Remedies.

1. In addition to the remedies provided by this Chapter, the municipality may also seek remedies and penalties under applicable Pennsylvania statutes or regulations adopted pursuant thereto, including but not limited to the Stormwater Management Act (32 P.S. §§ 693.1 through 693.27) and the Erosion and Sedimentation Regulations (25 Pa. Code, Chapter 102). Any activity conducted in violation of this Section or any Pennsylvania-approved watershed stormwater management plan may be declared a public nuisance by the municipality and abatable as such.

2. Public Nuisance. The violation of any provision of this Part is hereby deemed a public nuisance. Each day that a violation continues shall constitute a separate violation.

3. Enforcement. Whenever the Township finds that a person has violated a prohibition or failed to meet a requirement of this Part, the Township may order compliance by written notice to the responsible person. Such notice may require without limitation:

A. The performance of monitoring, analyses, and reporting;

B. The elimination of prohibited discharges;

C. Cessation of any violating discharges, practices, or operations;

D. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

E. Payment of a fine to cover administrative and remediation costs;

F. The implementation of stormwater BMPs; and

G. Operation and maintenance of stormwater BMPs.

4. Failure to comply within the time specified shall also subject such person to the penalty provisions of this Part. All such penalties shall be deemed cumulative and shall not prevent the Township from pursuing any and all other remedies available in law or equity.

5. Suspension and Revocation of Permits and Approvals. Any building, land development or other permit or approval for regulated earth disturbance activities issued by the Township may be suspended or revoked by the governing body for:

A. Noncompliance with or failure to implement any provision of the permit;

B. A violation of any provision of this Part, or

C. The creation of any condition or the commission of any act during construction or development which constitutes or creates a hazard or nuisance, pollution or which endangers the life or property of others.

6. Penalties.

A. Any person violating the provisions of this Part shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $1,000 for each violation, recoverable with costs, or imprisonment of not more than 30 days, or both. Each day that the violation continues shall be a separate offense.

B. In addition, the Township through its Solicitor, may institute injunctive, mandamus or any other appropriate action or proceeding at law or in equity for the enforcement of this Part. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.