This chapter shall be known and may be cited as the "Land Development Controls Ordinance."
[HISTORY: Adopted by the City Council of the City of Allentown 6-13-1973 by Ord. No. 12009 (Article 1385 of the 1962 Codified Ordinances). Amendments noted where applicable.]
A.
From and after the effective date of this chapter (July 3, 1973), no land development as defined herein, where the nature, extent, degree, volume or quantity or any part thereof to be conducted or undertaken exceeds the limitations specified herein, shall be conducted or undertaken within the City, unless and until appropriate plans have been submitted and approved by the City.
B.
This chapter shall also apply to any existing land development where the nature, extent, volume, degree or quantity of the development to be performed after the effective date of this chapter (July 3, 1973) exceeds the limits specified herein, or to any existing development that has become a hazard to life or property, or affects the safety, use or stability of property, public street or way, or otherwise constitutes a public nuisance.
If any part of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the remainder of this chapter. Council declares that it would have passed this chapter and each section and subsection thereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases may be declared unconstitutional or invalid.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, morals and/or general welfare. Whenever the requirements of this chapter are at variance with the requirements of any lawfully adopted rules, regulations or ordinances applicable to this City or with one another, the most restrictive or that imposing the higher standards shall be controlling.
Wherever used in this chapter, the following words and phrases shall have the meanings indicated, except where the context clearly indicates a different meaning:
The removal of the surface of the land through the combined action of man's activities and the natural processes at a rate greater than would occur because of the natural process alone.
An excavation, the difference between a point on the original ground surface and a designated point of lower elevation on the final grade surface; also, the material removed in excavating.
A channel or dike constructed up-slope of a project for the purpose of diverting storm water away from the unprotected slope.
Any construction or other activity which disturbs the surface of the land, including but not limited to excavations, embankments, land development, subdivision development, mineral extraction and the moving, disposition or storage of soil, rock or earth.
A deposit of soil, rock or other material placed by man, whose surface makes an angle with the plane of the horizon.
The natural process by which the surface of the land is worn away by the action of water, wind or chemical action.
Any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom.
Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom.
The degree of inclination of a slope, expressed in terms of the percentage of the vertical elevation to the horizontal distance (e.g., a gradient of 15% means a difference in vertical elevation of 15 feet in a horizontal distance of 100 feet).
Excavating or filling or any combination thereof.
A channel or dike constructed across a slope for the purpose of intercepting stormwater, reducing the velocity of flow and diverting it to outlets where it can be disposed.
Any person who is engaged in land development as the principal rather than as an agent or contractor.
The improvement of one lot, or two or more contiguous lots, tracts or parcels of land for any purpose involving:
A subdivision of land; land development shall include but not be limited to the constructing, installing, placing, planting or building of surface and/or subsurface structures, utility lines, shopping centers and malls, golf courses, residential structures, industrial complexes, schools, roads, parking areas or any other similar activity.
A person registered with the Commonwealth of Pennsylvania in one or more of the design professions, with specialized experience in soil mechanics and foundation investigation, such as a registered professional engineer, architect or landscape architect, whose qualifications are acceptable to the City.
The surface water discharge or rate of discharge of a given watershed, after a fall of rain or snow, that does not enter the soil but runs off the surface of the land.
Soils or other surficial materials transported by surface waters as a product of erosion.
The process by which mineral or organic matter is accumulated or deposited by moving wind, water or gravity.
A lot or parcel of land, or a series of lots or parcels of land, considered as a single unit upon which a land development is to be performed or is being performed.
A drawing or drawings which indicate details of existing and intended development of a particular site in relationship to its surroundings, including details of land use, topography, landscaping and structures.
The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon.
The proper placing, grading and/or covering of soil, rock or earth to insure their resistance to erosion, sliding or other movement.
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development; provided, however, that the division of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, shall be exempted.
The conveyance of material for disposal or fill purposes from one site to another site, over a public street or streets.
The upper limit of the portion of the ground wholly saturated with water.
A permanent stream, intermittent stream, river, brook, creek, channel, swale or ditch for water, whether natural or man-made.
A.
Prior to the initiation of any phase of a land development project, plans as specified herein shall be submitted to the City for review and approval in the following instances:
(1)
Grading, involving:
(b)
An excavation or fill, five feet or more in vertical depth at its deepest point as measured from the natural ground surface of any slope with a gradient of 15% or more;
(c)
Excavation below finished grade for basement, cellar and/or foundation of any aboveground structure, swimming pool or underground structure on a lot with an average existing slope with a gradient of 15% or more;
(d)
An easement for a public sewer, water main, storm drain or power line;
(e)
An encroachment on or alteration of an existing drainage channel or watercourse.
(3)
Surfacing and paving of land other than streets or ways with hard surface or compacted nonpermeable material such as asphalt, concrete or slag, with area in excess of 10,000 square feet.
(4)
Transportation of any material for disposal purposes over public streets, in excess of 50 cubic yards total quantity.
(5)
Any major excavating, grading or filling project as stated in the definitions section of this chapter.
B.
Plans shall not be required by virtue of this chapter for any of the following:
(1)
Grading or paving for street improvement, when such improvement is covered by other regulations and permits of the City.
(2)
An excavation or fill below finished grade for basement and/or foundation of an aboveground structure, swimming pool or underground structure, other than on a lot with an average gradient of 15% or more.
(3)
When otherwise authorized by a valid building permit and when the plan of such excavation is included in the building permit evaluation and has been approved.
All earthmoving activities and land development projects as defined herein shall be conducted in such a way as to prevent accelerated erosion and the resulting sedimentation. To accomplish this, all persons engaged in earthmoving activities and land development projects shall design, implement and maintain erosion and sedimentation control measures which effectively prevent accelerated erosion and sedimentation. These erosion and sedimentation control measures must be set forth in a plan as described in §§ 355-14 through 355-23 and must be available at all times at the site of the activity.
A.
The erosion and sedimentation control plan shall be prepared by a registered professional, as defined herein, trained and experienced in erosion and sedimentation control methods and techniques.
B.
The erosion and sedimentation control plan shall be designed to prevent accelerated erosion and sedimentation and shall consider all factors which contribute to erosion and sedimentation including, but not limited to, the following:
(1)
Hydrology. Analysis of natural drainage patterns and water resources including an analysis of streams, natural drainage swales, ponds or lakes, marsh areas, floodplain areas, permanent high water table areas, seasonal high water table areas throughout the site and amount of runoff from the project area and the upstream watershed area.
(2)
Geology. Analysis of characteristics of rock formations underlying the site including defining aquifers, particularly those locally subject to pollution, shallow bedrock areas and areas in which rock formations are unstable.
(3)
Soils. Analysis of types of soils present in the site area including delineation of prime agricultural soil areas, aquifer recharge soil areas, unstable soils, soils most susceptible to erosion and soil limitations for urban development. The analysis of soils will be based on the County Soil Survey of the United States Department of Agriculture Natural Resources Conservation Service.
(4)
Topography. Analysis of terrain of the site including delineation of elevation and slope areas.
(5)
Vegetation. Analysis of tree and plant cover of the site, emphasizing plant species to be retained.
(6)
The proposed alteration to the site.
(7)
The staging of earthmoving activities.
(8)
Temporary control measures and facilities for use during earthmoving.
(9)
Permanent control measures and facilities for long-term protection.
(10)
A maintenance program for the control facilities including disposal of materials removed from the control facilities or project area.
The erosion and sedimentation control facilities set forth herein shall be appropriately incorporated into all earthmoving activities, unless the designer of the erosion and sedimentation control plan shows to the satisfaction of the City that alteration of these measures and facilities or inclusion of other measures and facilities will prevent accelerated erosion and sedimentation.
A.
Control measures.
(1)
All earthmoving activities shall be planned in such a manner as to minimize the extent of disturbed land.
(2)
All surface water shall be diverted away from the project area in such a manner as to minimize erosion but not create a hazard to persons or property.
(3)
All permanent facilities for the conveyance of water around, through or from the project area shall be designed or contain facilities to limit the velocity of flow in the facilities to less than 1.5 feet per second.
(4)
All slopes, channels, ditches or any disturbed area shall be stabilized as soon as possible after the final grade or final earthmoving has been completed.
(5)
Where it is not possible to permanently stabilize a disturbed area immediately after the final earthmoving has been completed, or where the activity ceases for more than 20 days, interim stabilization measures shall be implemented promptly.
(6)
All runoff from a project area shall be collected and diverted to facilities for removal of sediment.
(7)
Runoff from a project area shall not be discharged into any watercourse as defined herein without means to control sedimentation.
(8)
Measures for the control of runoff or collection of sediment shall be established prior to any other earthmoving activity on the site.
B.
Control facilities.
(1)
Diversion terraces.
(a)
Diversion terraces shall be constructed upgrade of a project area to convey runoff around the project area. For temporary diversion, the channel shall have a capacity to convey 1.6 cubic feet per second per acre of land tributary to it. For permanent diversion, the channel shall have a capacity to convey 2.75 cubic feet per second per acre of land tributary to it.
(b)
Diversion terraces shall be grassed or lined with erosion-resistant material to prevent accelerated erosion within the channel.
(c)
Outlet structures shall be designed to maintain a discharge velocity of less than 3.0 feet per second and shall be stabilized before use.
(2)
Interceptor channels.
(a)
Interceptor channels may be used within a project area to reduce the velocity of flow and thus prevent accelerated erosion.
(b)
Water collected by interceptor channels shall be conveyed to sedimentation basins or to vegetated areas but not directly to streams.
(c)
Outlets to vegetated areas shall be designed to have a velocity of less than three feet per second.
(3)
Channels of conveyance. All channels used to convey water through a project area shall be designed to have a velocity of less than 1.5 feet per second. Where this is not possible, the channel shall be grassed or lined with erosion-resistant material.
(4)
Sedimentation basins.
(a)
A sedimentation basin shall have a capacity of 7,000 cubic feet for each acre of project area tributary to it, and shall be provided with a twenty-four-inch freeboard.
(b)
The basin shall be cleaned when the storage capacity of the basin is reduced to 5,000 cubic feet per acre of project area tributary to it.
(c)
Outlet structures shall be designed to pass a minimum flow of 2.0 cubic feet per second for each acre of project area tributary to.
(d)
The discharge from a sedimentation basin shall be to a watercourse as defined herein.
(e)
Sedimentation basins shall be structurally sound and protected from unauthorized acts of third parties.
(5)
Stabilization. Upon completion of the project, all areas where disturbed by the project shall be stabilized so that accelerated erosion will be prevented.
(6)
Interim control measures. Any erosion and sedimentation control facility required or necessary to protect areas from erosion during the stabilization period shall be maintained until stabilization is completed.
(7)
Final measures. Upon completion of stabilization, all unnecessary or unusable control facilities shall be removed, the areas shall be graded and the soils shall be stabilized.
A.
The slope of a finished cut of any excavation shall not be steeper than 1 1/2 horizontal to one vertical, and the finished slope of a fill shall not be steeper than two horizontal to one vertical, unless a different ratio is recommended by a registered professional and is approved by the City. The City may require flatter slopes on cuts and fills if deemed necessary to insure stability and safety and to avoid possible damage to property or persons.
B.
No fill shall be placed over trees, stumps or other organic and unstable material which would be hazardous, create a nuisance or be susceptible to attracting rodents, termites or other pests.
C.
All fill shall be compacted to provide stability of material and to prevent undesirable settlement; and proper benching shall be provided, as required, in accordance with the recommendations of a registered professional, or as may be approved by the City.
A.
Materials shall not be permitted to roll, slide, flow or wash onto adjacent private or public property, including streets; and, where necessary, walls or benching shall be utilized to comply with this requirement.
B.
The horizontal distance from either the toe or top of an excavation or fill slope line shall be five feet or 1/2 the vertical height of the fill or excavation from any adjoining property or easement line, whichever is greater. The City shall have the authority to modify this requirement in instances where it is demonstrated that such modification is needed to secure desirable interrelationships between properties and will not result in a condition detrimental to the adjacent property.
C.
A land development agreement shall be in effect for proper support and protection from drainage resulting from the project, for all public and private utilities, whether on the surface, beneath the ground surface or overhead and, when necessary, for the repair, replacement or relocation of such utilities subject to City approval. The surface and other facilities of public streets shall be fully restored by the developer, in the event of such damage.
D.
Should the nature of the land development, in the opinion of the City, create a hazard to persons or property, the developer shall construct fences or guard rails as safeguards to persons using adjoining property.
A.
In any area where the existing vegetative ground cover is to be removed in whole or in part for construction purposes, the amount of vegetation to be removed shall be kept to a minimum and confined to that portion of the site upon which the building(s) and appurtenances are to be placed, including parking areas, streets, drives and utilities.
B.
In order to prevent the denuding of the landscape, clear cutting of the site shall be limited and no living tree with a diameter of more than six inches shall be removed except where buildings and appurtenances are to be placed. The natural features which constitute physical, aesthetic and economic assets to the community shall be preserved and shall be protected during earthmoving activities.
C.
Protective vegetation and/or mulching or artificial cover shall be established on all areas where soil is to be exposed for more than 30 days, including topsoil stockpiles and borrow pits.
D.
Permanent final vegetation or other ground cover shall be installed as soon as practical in the development. Upon completion of the operation, the entire site shall be ground covered in conformity with a landscape plan as required herein and approved by the City to further avoid storm water runoff, erosion and sedimentation.
A.
The proposed use of public streets for the transportation of material for disposal or fill purposes shall have the approval of the Department of Operations.
B.
The size and type of vehicles used and the hours of operation shall be as approved by such Department, as related to the capacity of the streets to be used and traffic volumes thereon.
C.
Wheel and truck cleaners shall be required on the site of any transportation origin and destination point within the City, and all vehicles shall be scraped and cleaned before leaving the site.
D.
The transporter shall take reasonable measures including, but not limited to, wetting down or other treatment before leaving the site to insure that during transit no material being transported shall flow or spill over upon public or private property.
E.
In the event that earth, dust, powder, mud, sludge or any other debris from the operation involved accumulates in or on any street, catch basin or sewer line, the transporter shall be required to remove the same upon notification by the City.
Any person involved in land development activities as defined herein shall be required to submit plans to the City for review and approval prior to the initiation of any earthmoving activities. Five copies of required plans, specifications, timing schedules and cost estimates shall be filed with the City. Plans shall be signed by the owner of the property or an authorized agent. If the owner is a corporation, the plans must be signed by the president or vice president, attested by the secretary or assistant secretary and the corporate seal affixed. The seal of a registered professional must also be affixed to all plans.
The plans specifications, timing schedule and cost estimate shall include the following data:
A.
A vicinity map drawn to a scale of not less than 2,000 feet to one inch showing the relationship of the site to its general surroundings;
B.
A plan of the site drawn to a scale of not less than 100 feet to one inch showing:
(1)
The boundary lines of the site on which the work is to be performed, including the approximate acreage of the site;
(2)
Existing topography on the site and on land adjacent to the site within 100 feet of the site boundaries, including location of any buildings, structures, utilities, sewers, water and storm drains, wooded areas and other significant natural features. The topographic map shall show one-foot contour intervals where the natural slope does not exceed 5%, two-foot contour intervals where the natural slope is between 5% and 10%, and five-foot contour intervals where the natural slope is in excess of 10%, and any unusual or sudden variations in terrain. Such topography shall be delineated for the land area within and adjacent to the site for a minimum distance of 100 feet. All elevations shall be based on City datum;
(3)
Proposed improvements on the site including present development and future utilization, if known;
(4)
All drainage provisions, erosion and sedimentation control measures, vegetative practices or other protective devices to be constructed in connection with or as a part of the proposed work;
(5)
Provisions for erosion control during construction (temporary) and during the life of the facility (permanent) as specified in §§ 355-8 through 355-13. Such provisions shall include a timing schedule and sequence of operations indicating the anticipated starting and completion dates of the particular development sequence. Included also shall be the estimated time of exposure of each area prior to the completion of effective erosion and sedimentation control measures;
(6)
A complete and adequate grading plan for the site;
(7)
A general description and location of predominant soil types on the site;
(8)
The name and address of the owner; and
(9)
Title, scale, North arrow, date and name of individual or organization preparing plans.
C.
Detailed plans of all drainage provisions, retaining walls, cribbing, vegetative practices, erosion and sediment control measures, location of approved fences around sediment basins, steep slopes, or ponding areas and other protective devices to be constructed in connection with or as a part of the proposed work, together with a map showing the drainage area of the land tributary to the site and estimated cubic foot per second runoff of the area served by any watercourse, computed in accordance with current City storm drainage criteria.
D.
The estimated quantity and cost, including materials and installation costs, of the required erosion controls.
E.
The plans and specifications shall be supported by such supplemental reports, data and additional information as the City may reasonably require, including but not limited to the following:
(1)
Finished contours at the same interval required or used for existing topography, proposed building and pavement grades and the elevations, dimensions, locations, extent and slope of all proposed grading;
(2)
Storm drainage computations and studies including the estimated runoff from the area served by any grains, ditch and pipe computations, and map showing the drainage area of land tributary to the site;
(3)
Field investigation reports indicating the nature, conditions and characteristics of existing drainage and flooding conditions;
(4)
Results from actual soils investigations, reports or test borings, if applicable; and
(5)
A plan indicating the disposition of all trees and other vegetative cover to be removed for construction purposes and a final landscaping plan indicating location, number and type of trees and other vegetation to be placed on the site.
F.
The plans and specifications shall be prepared and certified by a registered professional as defined herein.
G.
All plans and specifications shall include provisions for erosion and sedimentation controls as required by this chapter, and shall be in accordance with the latest revised issue of the "Erosion and Sediment Control Handbook" developed by the Lehigh County Soil and Water Conservation District in cooperation with the United States Department of Agriculture, Natural Resources Conservation Service, together with any other applicable standards as Council may adopt by resolution, which are hereby incorporated in this chapter by reference.
A.
In granting any approval, the City may attach such conditions thereto as may be deemed necessary to prevent damage or danger to public or private property, or 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. Such conditions may include but are not limited to the erection or installation of walls, drains, dams and structures, plantings, and vegetation, erosion and sediment control measures or devices, furnishing necessary easements, and a specified method of performing the work. No plans shall be approved nor permits issued until grading, erosion and sediment control plans, specifications, timing schedule and cost estimate are approved by the City and the developer certified that all work shall be performed pursuant to the approved plans, specifications and schedules.
B.
If the plans conform to the requirements of this chapter, the City shall approve the same and forward one copy to the developer within 45 days. If the plans do not conform, they shall be disapproved by the City and the written reasons shall be forwarded to the developer without unreasonable delay.
C.
After actual work begins, the City may require additional or revised controls from time to time in the event the originally approved plans prove to be inadequate.
During any earthmoving operation as defined herein, the developer shall be responsible for:
A.
Carrying out the proposed work in accordance with the approved plans, specifications and timing schedule, and in compliance with all the requirements of this chapter;
B.
The prevention of damage to any public utilities or the interruption of services within the limits of the site, adjacent to the site or along any routes of travel of construction equipment;
C.
The prevention of damage to adjacent property: no person shall conduct any earthmoving activity on a site so close to property lines as to endanger any adjoining public street, sidewalk, alley or any public or private property without supporting and protecting such property from damage which might result from such activity;
D.
The prompt removal of all soil, miscellaneous debris or other material spilled, dumped or otherwise deposited on public streets, highways, sidewalks or other public thoroughfares during transit to and from the construction site; and
E.
The prevention of sediment from entering into any sewer system or watercourse.
Any plans approved by the City under provisions of this chapter may be revoked or suspended by the City after due notice for:
A.
Violation of any conditions imposed by the City;
B.
Violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation relating to the subject; and
C.
Existence of any condition or the committing of any act constituting or creating a nuisance, hazard or endangering human life or the property of others.
All modifications to the approved plans, specifications, timing schedule and cost estimate shall be submitted to and approved by the City. Major modifications of the approved plans shall be reprocessed in the same manner as the original plan.
If the developer is unable to complete the work within the time specified in the timing schedule he may, prior to the expiration of such time, present, in writing, a request for an extension of time, setting forth the reasons for the requested extension. If the City finds that such an extension is warranted, additional time may be granted for the completion of the project subject to any additional measures the City may reasonably require.
A.
The City shall, before authorizing issuance of permits necessary to initiate any construction, require a cash bond or corporate bond in a form satisfactory to the Bureau of Law, conditioned upon the faithful performance of the requirements in the erosion and sediment control measures specified in the approved plans, specifications and timing schedule or within any extension thereof granted by the City, in the amount of the total estimated cost of all erosion and sediment control measures and safeguards for adjoining property and removal or replacement of trees or other natural ground cover which may be required. The total bond shall be equal to the sum of the bond, as determined above, plus 1% of this amount, conditioned upon the faithful performance of the provisions of § 355-17D.
B.
If the City finds that the nature of the work is such that it may create a hazard to human life, endanger adjoining property or property at a higher or lower elevation, or any street or street improvement, or any other public or private property or watercourse, the City may, before issuing any permits, require that the developer file a certificate of insurance showing that he is insured against claims for personal injury and property damage in an amount not less than $100,000, including damage to the City by deposit or washing of material onto City streets or other public improvements which may arise from or out of the performance of the work, whether such performance be by himself, his subcontractor or any person directly or indirectly employed by him, and the amount of such insurance shall be prescribed by the City in accordance with the nature of the risks involved. Such insurance shall be written by a company licensed to do business in the Commonwealth of Pennsylvania and approved by the City. Neither issuance of permits nor compliance with the provisions hereto or any condition imposed by the City shall relieve any person from any responsibility for damage to persons or property otherwise imposed by law nor impose any liability upon the City for damages to persons or property.
The developer of any property on which work has been done pursuant to plans approved under the provisions of this chapter, or any other persons or agent in control of such property, shall maintain in good condition and promptly repair or restore all grade surfaces, walls, drains, dams and structures, plantings, vegetation, erosion and sediment control measures and other protective devices. Such repair and/or restoration and maintenance shall be in accordance with the approved plans and specifications as required by this chapter until permanent measures are accepted by the City.
A.
Appeals, where it is alleged there is an error in any order, requirement, decision or determination made by the City in the enforcement of this chapter, and applications for variance and exception of any of the provisions of this chapter shall be taken to a Board of Appeals as provided below. Such Board shall have the authority to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the City in the enforcement of this chapter, and shall have authority to interpret this chapter and may, upon application, grant variances and exceptions to any of the provisions of this chapter, provided such variance or exception is in harmony with its general purpose and intent.
B.
Any person claiming to be aggrieved by any order, requirement, decision or determination made by the City may file an appeal with the City. Such appeal shall be taken within 20 days of the date of decision by filing with the City a notice of appeal specifying the ground thereof. The City shall transmit to the Board all of the papers constituting the record upon which the action appeal is taken.
C.
Any aggrieved land developer may file an application with the City for variances and/or exceptions from the provisions of this chapter. Such application shall refer to the specific provisions of this chapter and set forth exactly a clear description of the land involved, the interpretation that is claimed, the details of the variance requested or the reasons justifying the exception.[1]
D.
The Mayor shall appoint a Board to hear appeals. The Board shall be composed of three members who shall be residents of the City, not in the employ of the City or of the appellant/applicant. The Board shall establish its own rules and procedures governing the conduct of its business. Decisions of the Board shall be by a majority and shall be signed by the members and filed with the City records.
E.
The Board shall fix a reasonable time, not to exceed 90 days from the date of application, for the hearing of an appeal, give public notice thereof as well as due notice at least six days prior to the hearing, by mail, to the parties in interest at the address filed with the appeal, and decide the same within 45 days from the date of hearing completion. Upon the hearing any party may appear in person, by agent or by attorney.
F.
Any person or persons jointly or severally aggrieved by any decision of the Board may present to the Court of Common Pleas of Lehigh County a petition duly verified, setting forth that such decision is illegal in whole or in part, specifying the grounds of the illegality.
Any authorized representative of the City shall inspect the work done under the approved plans, specifications and timing schedule from time to time as may be deemed advisable. Whenever it is found that work fails to comply with the approved plans, specifications and timing schedule, the City may, as deemed reasonably necessary, by written order, direct conformance, direct suspension of other work until conformance has been achieved or direct such other measures deemed necessary for compliance with the provisions of this chapter.
[Amended 5-20-1993 by Ord. No. 13198]
A.
Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof in a summary proceeding, be fined not more than $1,000 plus costs of prosecution and, in default of payment thereof, shall be imprisoned for not more than 90 days. Each day that a violation is continued shall constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
However, any violation relating to stormwater discharge which results in damaging effects to human health or aquatic ecosystems through the introduction of pollutants of high volumes causing physical modifications shall result in a fine of not more than $1,000 plus the costs of prosecution and, in default of payment, imprisonment for not more than 90 days.