[HISTORY: Adopted by the Board of Supervisors of the Township
of Chestnuthill 8-4-2015 by Ord.
No. 2015-08. Amendments noted where applicable.]
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.
The Chestnuthill Township Codes Enforcement Officer, Roadmaster
and Township Engineer shall each have responsibility for enforcing
the terms of this chapter.
The Chestnuthill Township Codes Enforcement Officer, Roadmaster
and Township Engineer are each hereby authorized to issue citations
for a violation of this chapter.
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.
