[HISTORY: Adopted by the Board of Commissioners of the Township
of Vanport 12-11-2000 by Ord. No.
291. Amendments noted where applicable.]
The Code of Ordinances of the Township of Vanport is hereby amended by adding thereto Chapter 181 regulating excavation in order to minimize accelerated erosion and preventing sedimentary pollution to the waters of the Commonwealth.
This chapter shall be known and may be cited as the "Erosion
and Sedimentary Pollution Control Ordinance."
The purpose of this chapter shall be to control accelerated
erosion and the resulting sedimentary pollution to waters of this
commonwealth that occur on earthmoving sites within the Township of
Vanport.
This chapter has been adopted under the authority of the First Class Township Code
of the Commonwealth of Pennsylvania.[1]
[1]
Editor's Note: See 53 P.S. § 55101 et seq.
A.
It shall be unlawful for any person, landowner, partnership, business,
corporation or similar entity to undertake any earthmoving activities
in excess of 7,500 square feet without developing, implementing and
maintaining erosion and sedimentary control measures and facilities
that effectively minimize accelerated erosion and prevent sediment
pollution to waters of the commonwealth. These controls shall be contained
in an erosion and sedimentation control plan that meets the requirements
of the Department of Environmental Protection's Chapter 102,
Erosion Control, regulations as the same or any substitute therefor
or revision thereof may be in effect upon the date of the application.
A copy of the erosion and sedimentation control plan must be available
at the earthmoving site at all times.
B.
Prior to the approval of any grading plan by the Township of Vanport,
an erosion and sedimentation control plan must be submitted to and
approved by the Beaver County Conservation District. The approval
of the Department of Environmental Protection permit authorizing earthmoving
activities of sites involving more than five acres of land disturbance
must also be obtained from the Beaver County Conservation District
or Department of Environmental Protection.
Erosion and sedimentation control plans shall be developed in
accordance with the Department of Environmental Protection's
Chapter 102 regulations as the same or any substitute therefor or
revision thereof may be in effect upon the date of the application.
A complete explanation of the regulations and recommendations for
preparing plans is available in the Department of Environmental Protection's
publication Erosion and Sediment Pollution Control Program Manual.
This manual is available from the Beaver County Conservation District.
Definitions of terms commonly used in the field of erosion and
sediment pollution control are contained in the Department of Environmental
Control's Chapter 102 regulations. Two additional terms that
are often used and herein defined are:
A channel of conveyance of surface water having a defined
bed or banks, whether natural or artificial, with perennial or intermittent
flow.
Rivers, streams, creeks, rivulets, impoundments, ditches,
watercourses, storm sewers, lakes, dammed water, wetlands, ponds,
springs and other bodies or channels of conveyance of surface water,
or parts thereof, whether natural or artificial, within or on the
boundaries of this commonwealth.
A.
Application for approval of an erosion and sedimentation control
plan under the requirements of this chapter shall be made by completing
all required spaces on the standard application and tracking form
(Attachment A[1]), and forwarding the form to the Beaver County Conservation
District at the address shown. No grading permits will be issued by
Vanport Township unless and until an approved erosion and sedimentation
control plan is received.
[1]
Editor's Note: Attachment A is on file in the Township
offices.
Fees for the review of the erosion and sedimentation control
plan that will be charged by the Beaver County Conservation District
are listed on Attachment A, Application and Tracking Form.[1] The applicant must determine the amount of fee that will
apply to his or her application. Anyone requiring an explanation of
district charges for plan review should contact the district for such
information.
[1]
Editor's Note: Attachment A is on file in the Township
offices.
Vanport Township and Beaver County Conservation District are
hereby authorized and directed to conduct both routine and emergency
site inspections of ongoing earthmoving operations within the municipal
boundaries of Vanport Township to establish compliance with the approved
erosion and sedimentation control plan.
A.
All violations of the chapter requirements determined during a site
inspection shall be listed on an inspection report which itemizes
the following items for each violation:
B.
The inspection report shall be signed by the inspector and person
responsible for the earthmoving activity (or a designated representative)
and a copy provided to the latter party.
Should the person(s) responsible for undertaking the earthmoving
operations fail to meet the deadline for correcting violations of
this chapter, as specified in the official inspection report, the
Code Enforcement Officer will issue a formal notice of violation to
the responsible party. The notice will list, for each violation that
has occurred, a penalty of not less than $100 and not more than $500
for each day of each violation. Such fines, penalties and associated
costs as listed in the notice will be collected as allowed by law,
and, in default thereof, the violator shall be imprisoned in the county
jail for not more than 60 days.
In case any building, structure or land is, or is proposed to
be, erected, constructed, reconstructed, altered, converted, maintained
or used in violation of this chapter, the governing body or, with
the approval of the governing body, an officer of the municipality,
in addition to other remedies, may institute in the name of the municipality
any appropriate action or proceedings to prevent, restrain, correct
or abate such building, structure or land, or to prevent, in or about
such premises, any act, conduct, business or use constituting a violation.
