Township of Chestnuthill, PA
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Chestnuthill 8-4-2015 by Ord. No. 2015-08. Amendments noted where applicable.]
GENERAL REFERENCES
Stormwater management — See Ch. 92.
Streets and sidewalks — See Ch. 95.

§ 44-1 Maintenance of driveway pipes, swales and related stormwater management devices.

A. 
Property owners shall be responsible for the basic maintenance of drainage swales that transverse their property. Such maintenance shall include mowing of grass or other vegetation, removal of leaves, sticks and branches, debris, garbage, refuse, trash or any other encumbrance that reduces or obstructs the free flow of water through the swale. Additionally, it shall be a violation of this chapter to place, or allow to remain in any swale, any encumbrance that reduces or obstructs the free flow of water.
B. 
Property owners shall be responsible for the basic maintenance of drainage pipes that are installed under driveways on their property. Such maintenance shall include removal of leaves, sticks and branches, debris, garbage, refuse, trash or any other encumbrance that reduces or obstructs the free flow of water through the drainage pipe. Additionally, it shall be a violation of this chapter to place or allow to remain in or at any opening of any such drainage pipe or any pipe that has been installed to permit the flow of stormwater, any encumbrance that reduces or obstructs the free flow of water.
C. 
Property owners shall be responsible for the repair or replacement of drainage pipes that are installed under driveways on their property should the pipe be damaged or otherwise degraded either through mechanical or other damage such as but not limited to crushing, breaking, collapse, corrosion and leakage. Failure to replace or repair pipes upon written notice of the Township shall be a violation of this section and the Township, at its discretion, may undertake such repairs and/or replacement at the sole cost of the property owner.
D. 
It shall be a violation of this chapter for a property owner to fill in, or allow any drainage swale on their property to be filled in, without prior approval of the Township Engineer or when filled in or otherwise altered as part of corrective action undertaken or authorized by the Township for the purpose of remediation of a stormwater management problem.
E. 
It shall be a violation of this chapter for a property owner to remove or allow to be removed any under-driveway drainage pipe or any pipe that has been installed to permit the flow of stormwater, without prior approval of the Township Engineer or when removed or otherwise altered as part of corrective action undertaken or authorized by the Township for the purpose of remediation of a stormwater management problem.

§ 44-2 Enforcement responsibility.

The Chestnuthill Township Codes Enforcement Officer, Roadmaster and Township Engineer shall each have responsibility for enforcing the terms of this chapter.

§ 44-3 Citations.

The Chestnuthill Township Codes Enforcement Officer, Roadmaster and Township Engineer are each hereby authorized to issue citations for a violation of this chapter.

§ 44-4 Violations and penalties.

This chapter shall be enforced by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person, partnership, corporation or other entity who or which violates or permits a violation of the provisions of this chapter shall, upon conviction in a summary proceeding, pay a fine of not less than $100 nor more than $1,000 per violation, plus all court costs and reasonable attorneys' fees incurred by Chestnuthill Township in the enforcement proceedings, and/or be imprisoned to the extent allowed by law for the punishment of summary offenses. Each day or portion thereof that a violation exists or continues shall constitute a separate violation. Further, the appropriate officers or agents of Chestnuthill Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance with this chapter. All fines, penalties, costs and reasonable attorneys' fees collected for the violation of this chapter shall be paid to Chestnuthill Township for its general use.