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.
Attachment 1 - Appendix A - Required Earthmoving Procedures and Design Standards For Stormwater Management Facilities
Attachment 2 - Appendix B - Required Design Criteria for Facilities To Encourage RechargeAttachment 3 - Appendix C - Additional Criteria To Guide Design of Erosion and Sediment Control, as Well as Stormwater Management Facilities
Attachment 2 - Appendix B - Required Design Criteria for Facilities To Encourage RechargeAttachment 3 - Appendix C - Additional Criteria To Guide Design of Erosion and Sediment Control, as Well as Stormwater Management Facilities
[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.
[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:
[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:
(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:
(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.
(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:
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:
(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.
