Township of Upper Providence, PA
Delaware County
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Table of Contents
Table of Contents
GENERAL REFERENCES
Stormwater management facilities — See Ch. 1048.
Stormwater management and erosion and sedimentation control in subdivisions — See Ch. 1230.
Stormwater management in mobile home parks — See Ch. 1232.
1214a Appendix A 1214b Appendix B 1214c Appendix C
[Ord. No. 198, passed 12-14-1989; Ord. No. 230, passed 11-14-1991]
(a) 
It is the intent of this chapter to establish regulations and procedures governing the modification of natural terrain for properties and circumstances outside the subdivision and land development process, such process being provided for in the Subdivision and Land Development Regulations, Part Twelve, Title Four, of these Codified Ordinances. Modifications so governed shall include, but not be limited to, indiscriminate and/or excessive removal, cutting, pruning and/or destruction of trees; the alteration of drainage; and the maintenance and/or erection of artificial structures and surfaces, in order to provide stormwater management so as to reduce flooding, to control erosion and sedimentation and to assure the public health, safety and general welfare in Upper Providence Township.
(b) 
This chapter will regulate and establish procedures for certain grading, paving, earth-disturbing, drainage alteration and tree maintenance and/or removal within this Township.
[Ord. No. 198, passed 12-14-1989; Ord. No. 230, passed 11-14-1991]
(a) 
The management of storm water on the site, both during and upon completion of the disturbances associated with any proposed land development outside the subdivision and land development process, shall be accomplished in accordance with the standards and criteria of this chapter. The design of any temporary or permanent facilities and structures and the utilization of any natural drainage systems shall be in full compliance with this chapter and the interpretations of the Township Engineer.
(b) 
At the time of application for a building permit for any approved lot or circumstance outside of the subdivision and land development process, issuance of the permit shall be conditioned upon adherence to the terms of this chapter.
(c) 
Any earth disturbance activity on a tract of land within the Ridley Creek Watershed District shall be subject to the provisions of Section 1214.12.
[Ord. No. 198, passed 12-14-1989; Ord. No. 230, passed 11-14-1991; Ord. No. 389, passed 10-28-2004]
Unless otherwise expressly stated, the following words shall, for purposes of this chapter, have the meanings herein stated:
(a) 
CUT — Any ground excavation, as defined herein.
(b) 
DISCHARGE — The outflow of water, silt or other mobile substances passing along a conduit, watercourse or channel or released from any type of detention or stormwater management feature.
(c) 
EARTH-DISTURBANCE ACTIVITY — Paving, filing, stripping, grading, regrading, cutting, excavating, removal of vegetation or natural ground covers, tree removal, digging or earth moving undertaken by any person on public or private property.
(d) 
EASEMENTS — A grant of one or more property rights by a property owner to and/or for the use by the public, a corporation, and other person or entity.
(e) 
EROSION — The processes by which soil particles are detached and transported by action of natural forces, such as water, wind or chemical action.
(f) 
FILL — Any earth disturbance activity resulting in a difference between any given point on the original ground level and the same point on the final ground level once the earth disturbance activity has been completed, wherein the final ground level is at a higher elevation than the original ground level.
(g) 
GROUND EXCAVATION — Any earth-disturbance activity resulting in a difference between any given point on the original ground level and the same point on the final ground level once the earth disturbance activity has been completed, wherein the final ground level is at a lower elevation than the original ground level.
(h) 
HABIT — The natural growing characteristics of any tree, as defined herein, which includes branch spread and distribution, branch height above ground and root spread and distribution.
(i) 
IMPROVEMENTS — Those physical changes to the land necessary to produce usable and desirable lots from raw acreage, including, but not limited to, grading, paving, curbing, gutters, storm sewers and drains, improvements to existing watercourses, sidewalks, streets, crosswalks, street signs, monuments, water supply facilities and sewage disposal facilities.
(j) 
PERSON — Any individual, firm, partnership, association, corporation, public agency, public utility or any other entity.
(k) 
RIGHT-OF-WAY — A strip of land occupied or intended to be occupied by a street, cross-walk, railroad, electric transmission line, telephone line, oil or gas pipeline, water main, sanitary or storm sewer main, including the surface and air space above the surface and the area below the surface.
(l) 
RIPARIAN BUFFERS — Those areas along watercourses, ponds, and other water bodies so designated for the preservation or regeneration of natural vegetation for the protection of surface water resources. A riparian buffer is comprised of the area measured within 100 feet of the annual mean high water edge (top of bank) or to the limit of the one-hundred-year flood plain, whichever distance is greater.
(m) 
RUN-OFF — That portion of water, to include surface run-off, surface groundwater run-off or seepage, that is discharged from any particular lot.
(n) 
SEDIMENTATION — The processes by which solid particles are deposited by the action of natural forces.
(o) 
SHALLOW GROUNDWATER SOILS — Those soils in which the groundwater surface is 18 inches or less from the ground surface at certain times of the year as specified by the USDA, NRCS "Soil Survey" or as determined by field investigation. These soils include but may not be limited to the Chewacla Series (Ch), Conowingo Series (Co), Glenville Series (Gn,Gs), Whadkee Series (We) and Worsham Services (Wo, Ws).
(p) 
SLOPE — The degree of deviation of a surface plane from the horizontal, usually expressed in percentage, as derived by dividing the vertical distance by the horizontal distance over which the vertical change is measured, e.g. 25% equals 25 feet vertical: 100 feet horizontal. A steep slope shall be considered any "slope" with a deviation of 25% or more.
(q) 
SOIL STABILIZATION — Chemical, physical or structural treatment of a mass of soil to increase or maintain its stability or otherwise improve its structural properties, to ensure its resistance to erosion, sliding or other movement.
(r) 
STORMWATER MANAGEMENT FEATURES (FACILITY) — Any element in a stormwater management system, as defined herein, which is made or improved by man. Two special facilities of this nature are:
(1) 
DETENTION BASIN — A basin designed for storage of stormwater to reduce peak discharges. It is characterized by shorter detention periods and is normally dry except for short periods following the storm event.
(2) 
RETENTION BASIN — A basin designed for impoundment of stormwater to reduce peak discharges. It is usually wet all of the time but is designed to store excess stormwater above the normal pool elevation. Release rate is usually more gradual over an extended period of time.
(s) 
STORMWATER MANAGEMENT SYSTEM — The facilities used for conducting the stormwater to, through or from a drainage area to the point of final outlet, including, but not limited to, any of the following: pipes, conduits and appurtenant features, canals, channels, swales, ditches, streams, culverts, streets, pumping stations, ponds and basins.
(t) 
SURFACE WATER BODY — Any earth surface covered permanently or seasonally by standing or moving water, including waters of the Commonwealth, waters of the US, streams, lakes and ponds.
(u) 
TREE — Any living woody plant which is 10 inches or more in diameter at a height of 12 inches above the base of the trunk, to include the root system, branches and ground environment within the surface area defined by the outermost limit of its branches.
(v) 
TREE MAINTENANCE — Cutting, pruning or other alteration of the habit of a tree or its environment, which would not endanger the life of such tree.
(w) 
TREE REMOVAL — Any cutting, pruning, removal or other alteration of the habit of a tree or its environment, which would endanger the life of such tree. Notwithstanding the aforesaid, this chapter shall not apply to the removal of either two trees or 10% of all trees, whichever is greater, on any given tract of land by any person in any twelve-month period.
(x) 
WETLAND BUFFER — Those areas adjacent to wetlands so designated for the preservation or regeneration of natural vegetation for the protection of surface water and ground water resources. A wetland buffer is comprised of the area measured within 50 feet of the jurisdictionally determined wetlands line.
(y) 
WETLANDS — Wetlands are transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this classification wetlands must have one or more of the following three attributes:
(1) 
At least periodically, the land supports predominantly hydrophytes;
(2) 
The substrate is predominantly undrained hydric soil; and
(3) 
The substrate is nonsoil and is saturated with water or covered by shallow water at some time during the growing season of the year.
[Ord. No. 198, passed 12-14-1989; Ord. No. 230, passed 11-14-1991]
The following earth-disturbance activities shall require submission of a stormwater management plan and approval of the Township in the form of a stormwater management permit, hereinafter referred to as a "permit." Prior to the commencement of any each disturbance activity listed below, any person desiring to engage in such activity shall submit said plan to the Township or its designee, along with an application for a permit.
(a) 
Any earth-disturbance activity on a tract of land where 70% of the tract is already covered with impervious surface and the area being disturbed is at least 400 square feet or more.
(b) 
Any earth-disturbance activity where less than 70% of the tract is covered with impervious surfacing where the percentage of area disturbed will be 20% or more of the total area of the tract or 7,500 square feet, whichever is less.
(c) 
Any tree removal affecting more than 10% of the trees within the tract to the extent that the Township Engineer determines that such tree removal could impact the stormwater management characteristics of the property.
[Amended 11-10-2016 by Ord. No. 500]
(d) 
Any earth-disturbance activity within the Flood Plain Conservation District.
(e) 
Creation of any steep slope, as herein defined.
(f) 
Any disturbing, modifying, blocking, diverting or off-setting of the natural overland or subsurface flow of stormwater in the Township.
[Ord. No. 198, passed 12-14-1989; Ord. No. 230, passed 11-14-1991]
(a) 
Erosion and sedimentation. All activities involving land disturbance shall be consistent with the following performance standards:
(1) 
All land disturbance activities shall be 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 and sedimentation control measures which effectively prevent accelerated erosion and sedimentation.
(2) 
In order to prevent accelerated erosion and resulting sedimentation, land disturbance activities related to earth-moving operations, to construction (including, but not limited to, construction of buildings and other structures), and to paving activities, shall be conducted only in conformance with the following principles:
A. 
During the period of earth-moving and prior to the completion of roads, parking areas, buildings and other improvements and the establishment of vegetation or soil stabilization measures, facilities shall be installed to insure the following:
1. 
There shall be no discharge of sediment or other solid materials from the site as a result of stormwater run-off.
2. 
During the period of earth-moving, peak discharges and discharge volumes from the site shall comply with paragraphs (b)(1) to (3) hereof, and, where applicable, paragraph (b)(4) hereof, with the following exceptions and additions:
a. 
Any person conducting a business or personal venture involving periodic or regular earth-moving (quarrying, topsoil removal, etc.) shall calculate run-off for facility design based upon run-off before earth-moving and run-off during the maximum period of exposure.
b. 
Wherever soils, topography, or other conditions suggest substantial erosion potential during any land development or earth-moving conducted outside the subdivision or land development process, the Township, as recommended by the Township Engineer, may require that the entire volume of a two-year storm be retained on site or that special sediment trapping facilities be installed.
B. 
No earth-moving or stripping of vegetation shall be conducted in areas of greater than 25% slope unless specific approval is obtained from the Township Council with recommendations from the Township Engineer.
C. 
Earth-moving and the addition of fill will be minimized to preserve the natural features and topography and shall be conducted in accordance with Appendix A, Section I, of this Title Two.
D. 
Stripping of vegetation, regrading, or other development shall be done in such a way that will minimize erosion.
E. 
To the maximum extent practical, natural vegetation shall not be removed except as provided in an approved final plan for work to be conducted on any property outside the subdivision and land development process, or the zoning permit. The stock piling of soil over the roots of trees to be preserved is prohibited within the drip lines of the tree.
F. 
The amount of disturbed area and the duration of exposure shall be kept to a practical minimum.
G. 
The permanent (final) vegetative and structural erosion control and drainage measures shall be installed as soon as practical.
H. 
Sediment in run-off water shall be trapped in accordance with Appendix A of this Title Two and removed through means approved by the Township Engineer to assure adequate capacity in basins or traps.
I. 
Procedures for protecting soils or geologic formations with water supply potential from contamination by surface water or other disruption by construction activity shall be established (see Appendix C of this Title Two).
J. 
Such other requirements or exceptions as are consistent with these terms in the foregoing principles may be imposed or allowed by the Township Engineer.
The design requirements for controlling erosion and sedimentation during construction are set forth in Appendices A and B following the text of this chapter.
(3) 
To prevent accelerated erosion and resulting sedimentation, land disturbance activities relating to agricultural and/or logging and woodcutting operations shall be conducted only in conformance with the following principles:
A. 
Agricultural operations. All agricultural operations shall conform to the following principles:
1. 
Unless clearly impractical or unwarranted, plowing will generally conform to the contours of the property.
2. 
Drainage swales will be maintained with permanent cover of grasses, plants, or trees.
3. 
Permanent cover will be maintained within a minimum of 20 feet of a stream, and will be maintained 10 feet up slope from property lines unless a written waiver is received from the abutting landowner.
4. 
Run-off from buildings and other impervious surfaces shall be directed around areas where spent mushroom compost is stored, where sod or plants are regularly removed, where livestock are confined or where tillage crops are planted, or shall be otherwise controlled to prevent direct transport of pollutants (including sediments) to streams.
5. 
Tillage and nursery operations shall not be conducted on slopes exceeding 15%, and sod operations shall not be conducted on slopes exceeding 8%, except where minimum tillage methods approved by SCS or the Delaware County Conservation District are followed.
6. 
Diversion terraces or cover crops no less than 10 feet in width shall be provided at a maximum of 200-foot intervals on slopes between eight to 15% where tillage or sod crops are planted.
7. 
Any earth-moving other than tillage operations shall conform to all earth-moving standards of this section.
8. 
A vegetative cover strip extending 10 feet from the edge of the cartway of any road shall be permanently maintained.
B. 
Logging or woodcutting operations. All logging or woodcutting operations conducted with or prior to a land development conducted outside the subdivision and land development process shall be conducted only in conformance with the following principles and standards and may affect no more than 10% of the trees within the tract; otherwise removal is prohibited until the granting of a storm water management permit:
1. 
Stumps, ground cover, and root mat must be left intact until land development plans are approved and erosion and sedimentation control facilities are installed.
2. 
Methods for removal of logs and the removal routes shall be specified in a plan, approved by the Township Engineer, and shall not include traversing slopes between 15% to 25% at more than the minimum gradient possible.
3. 
On slopes between 10% to 25%, logging shall be limited to the cutting or removal of less than one-third of even-aged and noncontiguous trees.
4. 
On slopes exceeding 25%, logging and wood-cutting shall be by specific approval of the Township Council and shall be limited to a highly selected removal of trees. Maximum precautions shall be taken to avoid destruction or injury of understory brush and trees.
(4) 
Adjacent property shall be protected as follows:
A. 
No person shall engage in earth-moving sufficiently close to a property line to endanger any adjoining public street, sidewalk, alley, or other public property from settling, cracking, or other damage which might result from such earth-moving. If, in the opinion of the Township Engineer, the nature of the earth-moving is such as to create a hazard to life or property unless adequately safeguarded, the applicant shall construct walls, fences, guard rails, or other structures to safeguard the public street, sidewalks, alleys or other public property and persons.
B. 
No person shall dump, move, or place any soil or bedrock, or increase the flow of water so as to cause the same to be deposited upon or roll, flow or wash upon or over the premises of another, without the express consent of the owner of such premises so affected, or upon or over any public street, street improvement, road, storm sewer drain, watercourse, right-of-way or any public property.
C. 
No person shall, when hauling soil, bedrock or other material over any public street, road, alley, or public property, allow such material to blow or spill over and upon such street, road, alley, or public property or adjacent private property.
D. 
If any soil, bedrock, or other material or water or liquid is caused to be deposited upon or to roll, flow, or wash upon any public property or right-of-way in violation of the above subsections of this section, the Township shall cause the removal of the same and the cost of such removal shall be paid to Upper Providence Township by the person who failed to so remove the material and shall be a debt due the Township. The cost of such removal shall be a lien against all property and all rights of property, real or personal, of any person liable to pay the same from and after the time said cost is due and payable. The cost of such removal shall be collected in the manner of said taxes or from escrow funds established for the land development activity.
(b) 
Permanent storm water management. All land development activities conducted outside the subdivision and land development process involving an increase in impervious cover shall be conducted in conformance with the following performance standards:
(1) 
After installation of impervious cover, peak discharge from the site shall not exceed the before-construction peak discharge rate from a two-year, twenty-four-hour storm of 3.2 inches of rainfall to all storms up to a ten-year, twenty-four-hour storm of five inches of rainfall. Peak discharges for any storms of greater than ten-year frequency, up to and including a one-hundred-year storm, shall not exceed the peak discharges from the site before development of such storms, including:
A. 
A twenty-five year, twenty-four-hour storm of 5.7 inches of rainfall;
B. 
A fifty-year, twenty-four-hour storm of 6.4 inches of rainfall; and
C. 
A one-hundred-year, twenty-four-hour storm of 7.2 inches of rainfall.
(2) 
After installation of impervious cover, or during land disturbance activities under paragraph (a)(2) hereof, and where the Township has not required that the entire volume of a two-year storm be retained on site, there shall be no increase in the total volume of storm water run-off over that which was discharged prior to development as a result of a two-year, twenty-four-hour storm.
(3) 
In calculating run-off prior to development or change in use the following assumptions shall apply:
A. 
Woodland shall be used as the prior condition for those portions of the site having trees of greater than six inches caliper d.b.h. or where such trees existed within 18 months of application;
B. 
Meadow shall be used for all other areas, including areas which are presently covered by impervious surfaces;
C. 
Average antecedent moisture conditions; and
D. 
A Type II distribution storm.
(4) 
Under certain conditions, the Township, upon recommendation by the Township Engineer, may impose the following additional restrictions of storm water discharges:
A. 
Peak discharge rates on storms in excess of the ten-year storm may be further restricted when it can be shown that a probable risk to downstream structures or unique natural areas exists or that an existing flooding problem would be further aggravated.
B. 
Measures may be imposed to protect against ground or surface water pollution where the type of business or the nature of the soils underlying a run-off structure would constitute a substantial risk of contamination.
(5) 
All plans and designs for storm water management facilities submitted to the Township Engineer for approval shall determine storm water peak discharge and runoff by use of the Soil Cover Complex Method as set forth in Urban Hydrology for Small Watersheds. Technical Release No. 55, with specific attention given to antecedent moisture conditions, flood routing, and peak discharge specifications included therein and in the Hydrology National Engineering Handbook, Section 4, both by U.S. Department of Agriculture, Soil Conservation Services. The Township Engineer, however, may permit the use of the rational method for calculation of run-off on land developments of 10 acres or less and for the design of storm sewers.
(6) 
Storm sewers and drainage swales shall be designed according to Appendix A, Section V, of this Title Two.
(7) 
In calculating run-off after development, those areas covered by concrete lattice blocks on an appropriate base (as outlined in Appendix B.IV. of this Title Two), porous pavement areas on an appropriate base and roof areas which drain to properly designed and installed seepage beds shall not be considered to result in increased run-off from a two-year storm. Concrete lattice blocks or porous paving and seepage beds for roof drainage shall be required under the following conditions:
A. 
Cisterns and/or infiltration structures, designed and sized in accordance with Appendix B of this Title Two, shall be provided to hold and/or infiltrate roof drainage whenever total impervious surfaces (streets, buildings, parking areas, driveways, etc.) will exceed 10% of a residential tract or lot or 30% of a nonresidential tract or lot, and the subject tract or lot or a contiguous property(ies) is dependent on well water supplies on their own site.
B. 
Total impervious coverage shall be restricted to the amount noted below by substituting concrete lattice blocks and/or porous paving for the amount of conventional paving materials which would exceed the total impervious coverage limits, provided, however, that buildings or other impervious surfaces shall not exceed the maximum limits noted.
1. 
Whenever the tract or lot or a contiguous property is dependent on well water supplies on site, total impervious coverage shall not exceed 25% of a residential tract or lot or 60% of a nonresidential tract or lot.
2. 
Whenever the tract or lot or a contiguous property does not depend on well water supplies on site, total impervious coverage shall not exceed the maximum required by the base zoning district of the tract or lot.
(8) 
In order to improve the quality and general utility of storm water management plans, all land development and building construction conducted outside the subdivision and land development process shall be planned, designed, and constructed only in conformance with the following principles:
A. 
Erosion and sediment control and storm water management control facilities shall be incorporated into all building site designs and the overall design of any land development or improvement in such ways that they may serve multiple purposes, such as wildlife areas, recreational areas, fire prevention ponds, etc.
B. 
The natural infiltration and water resource potential shall guide design, construction, and vegetation decisions (as detailed in Appendix C, Soil Use Guide, of this Title Two). Run-off in excess of natural conditions from roofs and other surfaces which are unlikely to contain pollutants shall be recharged to the ground water table or stored for nonpotable water uses to the maximum extent possible.
C. 
Existing trees and shrubs shall be preserved and protected to the maximum extent possible.
D. 
All natural streams, channels, drainage swales, and areas of surface water concentration shall be maintained in their existing condition except where changes can be justified on the basis of other design standards of this chapter or of the Subdivision and Land Development Regulations, as provided in Part 12, Title Four, of these Codified Ordinances.
[Ord. No. 198, passed 12-14-1989; Ord. No. 230, passed 11-14-1991]
(a) 
Any person wishing to engage in activities requiring a storm water management plan must first submit the following items:
(1) 
A completed application for each disturbance activity as specified in Section 1214.04.
(2) 
A storm water management plan conforming to the performance standards as specified under Section 1214.05 and including the following:
A. 
A sketch or plan of the area shall be submitted, indicating the location and size of all trees, the location of each tree which is proposed to be removed or whose habit will be altered by any such disturbance activity, the location of each tree which is proposed to be removed or whose habit will be altered by any such disturbance activity, the location of any pre-existing or proposed improvements on the property and any additional information that the Council, or its designee, may deem necessary for evaluation of the plan.
B. 
All information required by Title 25, Chapter 102, of the Pennsylvania Code. Erosion and Sedimentation Control, as amended, not already furnished in accordance with this chapter, shall be submitted.
(3) 
A permit fee in an amount as may be specified by resolution of Council from time to time.
(4) 
A performance bond, as specified under Section 1214.09.
(b) 
In no event may any person commence any activity requiring a storm water management plan without having first obtained a permit from the Township.
[Ord. No. 198, passed 12-14-1989; Ord. No. 230, passed 11-14-1991]
(a) 
Conditions upon issuance. In granting any permit, Council may attach such conditions thereto as it may deem reasonably necessary to prevent danger to public or private property or to any sewer, storm drain or watercourse or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance, to include, and not be limited to, Pennsylvania Code Title 25, Chapter 102, Erosion Control Requirements. Such conditions may include, but are not limited to, the erection or installation of walls, drains, dams and structures, run-off and erosion control measures or devices, furnishing necessary easements and a specified method of performing work and proper removal and/or maintenance of trees, plantings and vegetation. No permit shall be issued until a storm water management plan is approved by the Township and the applicant certifies that all earth disturbance activities shall be performed pursuant to the storm water management plan.
(b) 
Expiration of permits. Every permit shall expire by limitation and become null and void if the work authorized by such permit has not been commenced within six months or is not completed within one year from the date of issuance, provided that the Township may, if the permit holder presents satisfactory evidence that unusual difficulties have prevented work from being started or completed within the specified time limits, grant a reasonable extension of time, provided that written application for an extension of time is made before the date of expiration of the permit.
(c) 
Revocation or suspension. Any permit issued under this chapter may be revoked or suspended by the Township, in its sole discretion, after five days written notice for:
(1) 
A violation of any condition of the permit.
(2) 
A violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation relating to the work.
(3) 
The existence of any condition or the doing of any act constituting or creating a nuisance, hazard or danger to human life or the property of others.
[Ord. No. 198, passed 12-14-1989; Ord. No. 230, passed 11-14-1991]
(a) 
All storm water management facilities, including retention and detention basins designed and constructed for the purposes specified under this chapter, shall be maintained in proper working order in accordance with design plans filed with the Township and shall be the responsibility of the property owner(s) upon whose property the facilities are located.
(b) 
In order to ensure proper maintenance and function of storm water management facilities, the Township may perform inspections, carried out on a random basis.
(c) 
If, at any time, the Township discovers any violation or condition not conforming to the designs and plans filed with the Township in regard to the operation of a storm water management facility, it shall notify the responsible owners of the violation in writing.
(d) 
In the event that the owner shall refuse or neglect to comply with the provisions of this chapter or the requirements of the Township, the Township may then order the work that may be required to correct the violation, in compliance with the terms of this chapter, and assess all the expense of such compliance against the owner, such amount to be collectible either against the performance bond, as herein specified, or as municipal claims are now collected by law, in the sole discretion of the Township.
[Ord. No. 198, passed 12-14-1989; Ord. No. 230, passed 11-14-1991]
(a) 
Security; conditions; amount. The Township may, before issuing a permit, require a performance bond or such other surety in a form and amount satisfactory to Council, approved by the Township Solicitor and conditioned upon the faithful performance of the run-off and erosion control measures and other conditions specified in the permit within the times specified or within any extension thereof granted by the Township, in the amount of the total estimated cost of all erosion and sediment control measures and safeguards of adjoining properties, or, in the alternative, a deposit of funds or securities equal in value to the cost of improvements pursuant to the provisions of an escrow agreement providing, inter alia, that no portion of said funds may be released except upon order of the owner and the Township, or a designated official of the Township, for payment of the cost of labor, material and other costs of the installation of the aforesaid improvements. In the event that the owner shall fail to complete the improvements within a prescribed period of time, the Township shall have the right to demand and receive from the escrow account the amount then remaining in the escrow funds.
(b) 
Default. Whenever the Township shall find that a default has occurred in the performance of any term or condition of the permit or bond, written notice thereof shall be given to the principal and to the surety of the bond. Such notice shall state the work to be done, the estimated cost thereof and the period of time deemed by the Township to be reasonably necessary for the completion of such work. In the event of any default in the performance of any term or condition of the permit or the bond, the Township, the surety or any person employed or engaged on his or her behalf shall have the right to go upon the site to complete the required work or to make it safe. In the event that the Township undertakes the completion of the work or to make it safe with the funds from the escrow fund, such escrow funds shall be used to pay the cost of contracting, including engineering and administration, for restoration of the site to meet the requirements of the permit. If the cost of the completion of the work or making it safe exceeds the amount of the escrow fund or performance bond, the permittee shall continue to be firmly bound under a continuing obligation for payment of all excess costs, and expenses incurred by the Township shall be a personal obligation of the permittee and shall be a lien upon the premises, and the Township Solicitor may be authorized to file a municipal claim or an action of assumpsit for such costs and expenses in the manner provided by law for the collection of debts and municipal claims. In addition, any default will subject the violator to the penalty provisions of Section 1214.11 and 1214.99.
(c) 
Return of bond. A performance bond or escrow fund shall remain in force and effect until it is found that the work authorized by the permit has been satisfactorily completed. At such time, the Township Engineer shall certify to Council that the work is approved, and the performance bond or escrow fund can be returned to the depositor or his or her successors or assigns.
(d) 
Indemnification. The permittee, any contractor, any subcontractor or any other person employed by him or her shall indemnify and hold harmless the Township for any claim that might arise from or out of the performance of any work pursuant to the terms of this chapter.
[Ord. No. 198, passed 12-14-1989; Ord. No. 230, passed 11-14-1991]
(a) 
Inspections of any earth-disturbance activity covered by this chapter may be performed by the Township or its designee and will be carried out on a random basis to assure full compliance with the storm water management plans on file in the Township.
(b) 
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 any surety or of the Township engaged in completing the work required to be performed under the permit or in complying with the terms or conditions thereof.
(c) 
If, at any stage of work, the Township shall determine, by inspection or otherwise, that the nature of the activity is such that further work as authorized by an existing permit is likely to endanger property or streets or alleys or create hazardous conditions, the Township may require, as a condition to allowing the work to proceed, that such reasonable safety precautions be taken as the Township considers advisable to avoid such likelihood of danger, to include the replacement of improperly removed trees with any number, kind or size of tree(s) as the Township or its designee deems appropriate.
[Ord. No. 198, passed 12-14-1989; Ord. No. 230, passed 11-14-1991]
In addition to provisions contained in this chapter with regard to default, if it is found, during inspections or otherwise, that the soil or other conditions are not as stated or shown in the approved application and storm water management plan, the Township may refuse to approve further work and may revoke any and all permits until approval is obtained for a revised storm water management plan and/or application conforming to existing conditions. Further penalties shall be according to Section 1214.99.
[Ord. No. 198, passed 12-14-1989; Ord. No. 230, passed 11-14-1991]
(a) 
Purpose. The specific purposes of this section are:
(1) 
To manage storm water run-off resulting from land alteration and disturbances conducted outside the subdivision and land development process in accordance with the Ridley Creek Storm Water Management Plan and the Pennsylvania Storm Water Management Act (Act 167).
(2) 
To utilize and preserve the desirable existing natural drainage systems and to preserve and restore the flood-carrying capacity of streams.
(3) 
To maintain existing flows and quality of streams.
(4) 
To maximize recharge of ground waters and encourage natural infiltration of rainfall to preserve ground water supplies and stream flows.
(5) 
To provide for adequate maintenance of all permanent storm water management structures in the watershed.
(b) 
Applicability/jurisdiction. This Ridley Creek Storm Water Management section shall apply to all forms of land alteration and disturbances conducted outside the subdivision and land development process within the Ridley Creek Watershed in Upper Providence Township. It supersedes any other conflicting provisions which may be in effect in the Ridley Creek Watershed, except Section 1230.20 of the Subdivision and Land Development Regulations, which section provides for land alteration and disturbances relating to subdivisions and land developments being undertaken within the Ridley Creek Watershed in Upper Providence Township, and except any other more restrictive ordinance provisions, which shall remain in full force and effect.
(c) 
Township liability. The grant of approval of a plan for any proposed land alteration or disturbance conducted outside the subdivision and land development process within the Ridley Creek Storm Water Management District shall not constitute a representation, guarantee, or warranty of any kind by the Township of Upper Providence or by any official or employee thereof of the practicability or safety of the proposed use, and shall create no liability upon the Township of Upper Providence, its officials, or employees.
(d) 
Definitions. As used in this section, the following words shall have the meanings herein stated:
(1) 
BASE-FLOW — The normally occurring small flow in a stream.
(2) 
DESIGN STORM — A statistically determined rainfall event having a specific distribution of rainfall (inches of precipitation) over a specific time interval with an associated frequency.
(3) 
DETENTION BASIN — A basin designed to retard storm water run-off by temporarily storing the run-off and releasing it at a predetermined rate.
(4) 
DEVELOPMENT — Any improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose (including the expansion of, or addition to, existing improvements) resulting in the creation of an additional 7,500 or more square feet of impervious land area.
(5) 
DIRECT DISCHARGE — A storm water management option which allows for the discharge of the total storm water run-off flows from a development site through outfalls directly into Ridley Creek.
(6) 
DISCHARGE RATE — The flow rate at which run-off is allowed to leave a development site.
(7) 
DOWNSTREAM IMPACT EVALUATION — One of two hydrologic studies which may relieve a developer from implementing the release rate percentage storm water run-off control criterion.
(8) 
DRAINAGE — Surface water run-off.
(9) 
DRAINAGE SYSTEM — Natural features, pipes, swales and other man-made improvements to carry drainage.
(10) 
EXISTING/PRE-DEVELOPMENT CONDITIONS — Those conditions which were present on any site prior to the date of adoption of the storm water management plan or subsequent updates by the County.
(11) 
FLOW RATE — See "Rate of Run-off".
(12) 
FREQUENCY — The likelihood of a storm occurrence developed from recorded events, typically expressed as a return period such as the twenty-five-year storm.
(13) 
GROUND WATER RECHARGE — Replenishment of existing natural ground water supplies.
(14) 
HYDROGRAPH — A record of the flow rate leaving a site or passing a point in a stream channel with respect to time, and displayed as a graph of flow rate vs. elapsed time or as a listing of flow rates at respective times of occurrence. For the purpose of this section, the hydrographs developed as part of the Ridley Creek Storm Water Management Plan shall be used.
(15) 
IMPERVIOUS SURFACE — A surface which prevents the absorption of water into the ground. All buildings, driveways, roads, sidewalks and any areas in concrete, asphalt, etc., are considered impervious within this definition.
(16) 
IMPROVEMENT — Any man-made, immovable structure or facility which becomes part of, is placed upon, or is affixed to, real estate.
(17) 
INFILTRATION — The penetration and movement of water through the earth's surface.
(18) 
NORMAL FLOW — See "Base-Flow."
(19) 
PEAK DISCHARGE — The maximum rate of flow of water at a given point and time resulting from a specified storm event.
(20) 
RATE OF RUN-OFF — Expression (in cubic feet per second) of the volume of water passing a particular point at defined time intervals as specified by the Act 167 Storm Water Management Plan for the Ridley Creek Watershed.
(21) 
RELEASE RATE PERCENTAGE — The primary performance standard of the watershed plan which defines the percentage of the pre-development peak storm water run-off rate that shall be considered the base run-off rate for a particular site. The specific release rate percentage for each sub-area prescribes the percentage of the pre-development rate of run-off which may leave the site after development.
(22) 
RETURN PERIOD — A storm event which is expected to occur over specific time intervals (i.e. a twenty-five-year storm, which is expected to occur every 25 years, or has a 4% chance of occurring in any given year). See "Frequency."
(23) 
RUN-OFF — Storm water run-off.
(24) 
SHARED STORAGE — Facilities which control the storm water run-off from more than one development site.
(25) 
STORAGE FACILITY — Any facility used for temporary or permanent storage of storm water run-off.
(26) 
STORM WATER MANAGEMENT FACILITIES/STRUCTURES — Any and all elements of storm water control systems, including basins, swales, pipes, conduits, etc.
(27) 
STORM WATER MANAGEMENT PLAN — The portion of the development plan which indicates the existing site conditions and method(s) for the post-development control of storm water run-off in conformance with Act 167 and the watershed plan.
(28) 
STORM WATER RUN-OFF — The excess water resulting from a precipitation event which exceeds the amount that can percolate (infiltrate) or be absorbed into the ground, collects in channels and conduits, and is carried by receiving streams.
(29) 
SUB-AREA — One of the 63 sub-watersheds contained within the Ridley Creek Watershed as indicated on Plate 1 of the Act 167 Storm Water Management Plan for the Ridley Creek Watershed.
(30) 
SWALE — A low lying stretch of land which gathers or carries surface water run-off.
(31) 
WATERSHED — The total drainage area of a stream and its tributaries.
(32) 
WATERSHED PLAN — Act 167 Storm Water Management Plan for the Ridley Creek Watershed, adopted by Delaware County as required by the Act of October 4, 1978, P.L. 864 (Act 167), and known as the Storm Water Management Act.
(e) 
Storm water management plan requirements.
(1) 
Plan submission. No earth-moving or land disturbance activity shall commence before storm water management plans for the site have been reviewed by an engineer with expertise in storm water management and are approved by the Township.
(2) 
Exemptions from submission of a storm water management plan.
A. 
Land alterations or disturbances that do not create more than 7,500 square feet of new impervious land area shall be exempt from the storm water plan requirements of this section.
B. 
For parcels under single ownership, no more than one land alteration or disturbance creating less than 7,500 square feet of new impervious surface shall be permitted before requiring a storm water management plan for the entire parcel.
C. 
Application procedures for exempt developments shall be as follows:
1. 
Persons engaged in land alteration of exempt development sites are exempt only from the full storm water plan requirements of this section. They are still responsible for applying sound storm water management practices in accordance with the standards of this chapter and the Pennsylvania Storm Water Management Act (Act 167) in the development of the site.
2. 
A sketch storm water plan showing the name of the watershed, its sub-area, the appropriate release rate percentage, and the location and nature of the proposed storm water management techniques for the site, shall be submitted to the Township Engineer, and shall conform to the standards of this chapter.
3. 
The storm water plan for the site must be approved by the Township Engineer prior to the issuance of any building permits.
(3) 
Contents of storm water management plan submission. In addition to the plan requirements contained in Sections 1214.01 to 1214.11, the following storm water-related items shall be included as part of the plan submission:
A. 
Sketch plan contents.
1. 
The name of the watershed and the sub-area in which the site is located as well as the appropriate release rate percentage.
2. 
Existing ground cover conditions.
3. 
Definition of existing drainage paths and drainage area boundaries.
4. 
Definition of existing drainage problems.
5. 
Appropriate storm water management performance standards as defined in the Standards and Criteria section of the Ridley Creek Storm Water Management Plan.
Release rate percentage
Direct discharge
Downstream impact evaluation
B. 
Preliminary plan contents.
1. 
Data requirements as set forth for the sketch plan.
2. 
Architectural layout of existing and proposed streets and buildings, approximate building dimensions, parking areas, walkways, and other impervious areas.
3. 
Configuration of the storm and sanitary sewer system layout.
4. 
Approximate location and layout of the storm water management system with a description of its proposed design and operation.
5. 
Existing and proposed drainage easements.
6. 
Preliminary run-off calculations as set forth in the Ridley Creek Storm Water Management Plan.
7. 
Tentative ownership and maintenance provisions for all storm water-related facilities.
C. 
Final plan contents.
1. 
Data requirements as set forth for the preliminary plan.
2. 
Final layout of existing and proposed streets and buildings, actual building dimensions, parking areas, and other impervious areas.
3. 
Exact location and layout of the storm water management system with a detailed description of its proposed design and operation.
4. 
Detailed run-off calculations as set forth in the Ridley Creek Storm Water Management Plan.
5. 
Final ownership and maintenance provisions for all storm water related facilities.
6. 
Modifications requested by the Township during the preliminary review phase.
(f) 
Storm water management performance standards.
(1) 
General performance standard. Any landowner and any person engaged in the alteration or development of land which may affect storm water run-off 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 storm water run-off is no greater after development than prior to development activities; or
B. 
To manage the quantity, velocity, and direction of resulting storm water run-off in a manner which otherwise adequately protects health and property from possible injury.
(2) 
Release rate percentages. For purposes of storm water management, each sub-area of the Ridley Creek Watershed is assigned a release rate percentage, as defined by this section and shown on the Ridley Creek Watershed Release Rate Map (Plate No. 1) available in the Township offices. (This percentage is applicable to any particular site in that sub-area.) The post-development peak storm water run-off rate discharging from the outfalls of a development site cannot exceed the sub-area release rate percentage in order to comply with the Ridley Creek Watershed plan. The following procedure should be followed in applying the release rate percentage.
A. 
Compute pre- and post-development run-off hydrographs and peak discharges for the two-, ten-, twenty-five and one-hundred-year storms using the U.S. Soil Conservation Services (SCS) Soil-Cover Complex Method. The twenty-four hour total run-off depths for these return periods for the Ridley Creek Watershed shall be:
Return Period
Depth in Inches
2-year
2.92
10-year
4.68
25-year
5.54
100-year
6.85
The computations should assume actual existing soil and land use conditions on the site as of the date of adoption of the watershed plan or its most recent update, using the Existing Land Use Map used in the development of the watershed plan or updates and the SCS Soil Classification Map for the watershed. The computations for post-development discharges should include all reduction for proposed on-site infiltration techniques.
B. 
Compare post-development discharges to the pre-development discharges. If the post-development rate is greater, on-site storage is required. Off-site storage may be substituted provided that:
1. 
Proper legal arrangements (easements, perpetual covenants, etc.) are made;
2. 
No problems are created between the development site and the off-site storage location; and
3. 
It is approved by the Township Engineer.
C. 
If on-site storage is required, the size of the facility(ies) shall be determined by applying the release rate percentage to the post-development discharges for the two-, ten- and twenty-five year storms. Provisions shall also be made for safely passing the post-development one-hundred-year run-off flows without damaging (i.e. impairing the continued function) of these systems. The storage area shall be designed in conformity with the provisions of this chapter and other applicable provisions of the Subdivision and Land Development Regulations and the Zoning Code of the Township.
D. 
The proposed plan and computations must be prepared by a registered professional engineer with expertise in storm water management.
(3) 
Direct discharge. This provision applies only in sub-areas that are immediately adjacent to Ridley Creek.
A. 
Development sites in these sub-areas may discharge total storm water run-off flows through outfalls directly into Ridley Creek.
B. 
Storm water outfalls must be constructed so as to prevent erosion and scour of the Ridley Creek channel. Under these conditions, post-development peak run-off rates may exceed pre-development peak run-off rates.
C. 
Storm water management plans for sites proposing to use direct discharge must be approved by the Township Engineer.
(4) 
Downstream impact evaluation. If an applicant proposes to exceed the specified release rate percentage for a sub-area, one of the following evaluations must be completed:
A. 
If the storm water run-off flow from the development is proposed to be directed into an existing or proposed storm water conveyance channel (i.e., closed storm sewers and concrete lined or rip-rap protected channels), the post-development discharge may exceed the prescribed release rate percentage. The applicant must demonstrate sufficient capacity in the proposed conveyance channel, and the proposed system must be approved by the Township Engineer.
B. 
An applicant may demonstrate, through acceptable engineering analysis and design, that an increase in the post-development discharge rate will not result in injury or damage to persons or property downstream of the development site.
The evaluation of downstream impacts must show that at any point in time, the flow rates on the existing conditions run-off hydrograph at the outlet of the sub-area(s) in which the development site is located shall not be increased by more than 5% for storm discharges resulting from future conditions run-off (with storm water management provisions) from the two-, ten-, and twenty-five-year rainfall events for the particular site. Existing conditions run-off hydrographs for all applicable subareas shall be those used in the analyses performed for the development of the Ridley Creek Watershed Plan or its most recent update (available at the Delaware County Planning Department).
The Township Engineer may identify points of interest downstream of the site where there are existing obstructions or known problems or other points, and the applicant shall be required to demonstrate no adverse impact as a result of exceeding the prescribed release rate percentage(s) for the subarea(s).
All plans and computations must be prepared and certified by a registered professional engineer with expertise in storm water management. These must be submitted to the Township Engineer for review and approval.
(g) 
Standards and criteria.
(1) 
Storm water management techniques. Applicants may utilize any appropriate storm water management techniques or a combination of techniques as approved by the Township Engineer. Off-site control measures, including storm sewers and/or storage facilities, may be used in accordance with the watershed storm water plan and as approved by the Township.
All such storm water management techniques shall be in strict conformance with all other applicable regulations, including, but not limited to, Dam Safety and Encroachments, Floodplains, and Erosion and Sedimentation Control.
(2) 
Storm water control measures. Possible storm water control measures, including on-site infiltration techniques, detention facilities, and other measures are acceptable when approved by the Township Engineer. Information and standards for developing storm water management controls may be found in the following references:
A. 
Urban hydrology for small watersheds. Technical Release No. 55, USDA, Soil Conservation Service, January, 1975.
B. 
Soil erosion and sedimentation control manual. Pennsylvania Department of Environmental Resources, May, 1976.
C. 
Engineering field manual for conservation practices. USDA, Soil Conservation Service, 1975.
D. 
Practices in detention of urban storm water run-off. Special Report No. 43, American Public Works Association, June, 1974.
(3) 
Special physical site conditions. If special geological hazards or soil conditions are identified on the site, the developer's engineer shall consider the effect of proposed storm water management measures on these conditions. In such cases, the Township may require an indepth report by a competent soils engineer.
(4) 
Storage facility design. Storage facilities shall be designed to control the post-development peak storm water run-off rates for the two-, ten-, and twenty-five year design rainfall events to the sub-area's release rate percentage or that approved through the downstream impact evaluation.
A. 
Provisions shall also be made for passing the post-development one-hundred-year run-off flows through a storm water detention facility without damaging or causing failure of (i.e., impairing the continued function of) the facility.
B. 
Storage facilities shared by more than one development site are permitted within a single sub-area of the watershed, provided that they meet the above criteria.
C. 
Run-off from the development sites involved shall be conveyed to the facility from its source in a manner so as to avoid adverse impacts, such as flooding or erosion and scour of natural channels, to downstream channels and property.
D. 
Storage facilities shall be located such that they remain accessible for maintenance based upon the type of equipment and procedures required.
E. 
The Township may, at its discretion, require any necessary measures to ensure the security and general safety of proposed storage facilities.
(5) 
Storm sewer systems. When storm sewers are proposed, developers must show:
A. 
Compliance with all other State and local regulations and specifications governing the installation of such systems.
B. 
That there is sufficient channel capacity from the point where the storm sewer outlets into the natural drainage system and further downstream to the base of the watershed.
(6) 
Storm water collection. The safety of the public shall be considered at all times in the design of such facilities and provided for to the satisfaction of the Township Engineer. Except as otherwise provided for by Township ordinances, the standards and specifications of the Pennsylvania Department of Transportation shall be used in the construction of storm water collection system components.
(7) 
Storm water discharge. The discharge of concentrated, collected storm water run-off from control facilities, such as detention basins or storm sewers onto adjacent properties where there is no existing natural watercourse or drainage-way to receive the discharge, shall be avoided unless deemed absolutely necessary. Where such a discharge is absolutely necessary, easements and/or other provisions shall be proposed, approved, and implemented to prevent damage to the adjacent properties to the satisfaction of the Township Engineer. Where discharges are proposed to natural watercourses and drainage-ways, such discharges shall be made in a manner so as not to result in property damage or deterioration of channel stability.
(h) 
Maintenance of storm water facilities.
(1) 
Storm water control facilities located on or serving properties developed for commercial, industrial, or multifamily residential uses (including condominium uses) shall be owned and maintained by the owner of the property or the complex.
(2) 
Storm water control facilities serving single-family (individual lots) or multi-family developments wherein the streets, sewers, and other public improvements are to be accepted by the Township shall likewise be accepted and maintained by the Township at the Township's discretion.
(3) 
Storm water control facilities serving public or semipublic uses, such as schools, hospitals, churches, or similar institutional facilities, shall be owned and maintained by the property owner.
(4) 
Storm water control facilities serving State, County, or Municipal facilities, such as parks, shall be owned and maintained by the respective political entity.
(5) 
Where shared-storage facilities are proposed, the applicant shall submit a plan for their maintenance with the preliminary and final storm water management plans, identifying the facility owner, easements, covenants providing for access to the facility, and a proposed maintenance funding plan (if the facility is not to be accepted by the Township).
(6) 
In single-family, multifamily, commercial, or industrial developments where the storm water control facilities (especially basins) are not to be accepted by the Township, the developer of property or circumstances developed outside the subdivision and land development process shall submit a proposed maintenance schedule and funding plan as part of the storm water plan for the development site which shall be approved by the Township. Prior to approval of any plan for properties and circumstances outside the subdivision and land development process, the developer shall establish an escrow or similar account to set aside funds for the first year's (after completion) maintenance costs.
(7) 
Storm water control measures located on an individual lot/structure, such as roof-top storage, drainage swales, and seepage pits, shall be the responsibility of the property/structure owner. These responsibilities shall be included in the deed or lease for the properly or structure. This provision is applicable although other storm water control facilities, such as storm sewers or storage basins, are to be owned and maintained by another public or private agency.
(8) 
Prior to the acceptance of any storm water facility, the Township Engineer shall inspect the facility to ensure its proper construction and functioning. All facilities must be free of sediment or debris before acceptance and/or dedication. Any required access easements should be obtained.
(9) 
The Township shall require that a maintenance guarantee, in accordance with the provisions of the MPC (Section 509), be provided.
(10) 
Before acceptance and/or dedication of any facility, the developer shall submit as-built plans and a schedule for required maintenance. As-built plans need not be submitted for facilities located on an individual lot/structure.
(i) 
Inspections.
(1) 
Periodic inspection of storm water management facilities is required throughout the development phase. It is the responsibility of the developer/builder to notify the Township Engineer well in advance of the completion of each identified phase and to arrange for the required inspection.
(2) 
Work should not commence on a subsequent stage until the preceding stage has been inspected and approved. Any portion of the work which does not comply with the approved storm water plan must be corrected by the permittee within a stipulated time. No work shall proceed on any subsequent phase of the storm water management plan, properties and circumstances outside the subdivision and land development process, or building construction, until the required corrections have been made.
(3) 
If at any stage of the work the Township Engineer determines that the storm water management controls or other requirements are not being installed as shown in the approved plans, the Township may revoke existing permits until a revised plan is submitted and approved.
(4) 
The following are key phases during which the Township shall, at its discretion, perform routine inspections of the development site:
A. 
At the completion of preliminary site preparation, including stripping of vegetation, stockpiling of topsoil, and construction of temporary storm water 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 storm water facilities at such time as specified by the Township Engineer.
D. 
At the completion of permanent storm water management facilities, including established ground covers and plantings.
E. 
At the completion of any final grading, vegetative control measures, or other site restoration work done in accordance with the approved plan and permit.
[Ord. No. 480, passed 5-9-2013]
Ordinance No. 475, adopted July 12, 2012 and all appendices attached thereto, regulating land use activities within the Crum Creek Watershed is incorporated herein by reference and made a part of the Codified Ordinances of Upper Providence Township.
[Ord. No. 198, passed 12-14-1989; Ord. No. 230, passed 11-14-1991]
(a) 
Any person, partnership, or corporation who or which violates any of the provisions of this chapter, for which no penalty is otherwise provided, shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied, or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice who determined that there has been a violation further determines that there was a good faith basis for the person, partnership, or corporation violating this chapter to have believed that there was no such violation. In such an event, there shall be deemed to have been only one such violation until the fifth day following the date of said determination of such a violation by the District Justice; thereafter, each day that a violation continues shall constitute a separate violation.
(b) 
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.
(c) 
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.