No person shall engage in earthmoving sufficiently
close to the property line to endanger any adjoining public street,
sidewalk, alley or other public or private property without supporting
and protecting such public street, sidewalk, alley or other public
or private property from settling, cracking or other damage which
might result from such earthmoving. If, in the opinion of the Township
Engineer, the nature of the earthmoving is such as to create a hazard
to life or property unless adequately safeguarded, the applicant shall
construct such walls, fences, guardrails or other structures to safeguard
the public street, sidewalk, alley or other public property and persons
using such, as the Township Engineer may require.
No person shall dump, move or place any soil,
bedrock or other material or divert 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, sewer, storm drain, watercourse
or right-of-way or any public property.
No person shall, when hauling soil, bedrock
or other material over any public street, road, alley or public property,
allow such materials to blow or spill over and upon such street, road,
alley or public property or adjacent private property.
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
sections of this article, the person responsible shall be notified
and shall cause the same to be removed from such public property or
way within 36 hours. In the event of an immediate danger to the public
health or safety, notice shall be given by the most expeditious means
and the material or liquid shall be removed immediately. In the event
that it is not so removed, the Township Engineer shall cause such
removal and the cost of such removal shall be paid to the Township
of Lower Merion by said person responsible and shall be a debt due
the Township of Lower Merion. The Township Engineer shall submit a
bill for all such costs to said person responsible. All such costs
incurred by the Township shall be a personal obligation of said person
responsible and shall be a lien upon the premises of such person,
and whenever a bill therefor remains unpaid for a period of 60 days
after it has been rendered by the Township Engineer, the Township
Solicitor shall file a municipal claim or an action of assumpsit for
such costs in the manner provided by law for the collection of debts
and municipal claims.
[Added 2-16-2005 by Ord. No. 3736]
A. No person shall permit stormwater discharges into the Township of Lower Merion's separate storm sewer system, riparian buffers, wetlands, or other waters of the commonwealth, which are not composed entirely of stormwater, except as provided in Subsection
B below, unless allowed under a state or federal permit.
[Amended 3-15-2023 by Ord. No. 4262]
B. The following discharges are allowed, provided they
do not significantly contribute to the pollution of the surface waters
of the commonwealth:
(1)
Discharges from fire fighting activities.
(2)
Uncontaminated water from foundation or from
footing drains.
(3)
Potable water sources including dechlorinated
water line and fire hydrant flushings.
(4)
Flows from riparian habitats and wetlands.
(6)
Uncontaminated irrigation drainage.
[Amended 3-15-2023 by Ord. No. 4262]
(7)
Pavement washwaters of spills or water from
routine external building washdowns, except those containing detergents
or chemical compounds.
(8)
Air-conditioning condensation where leaks of
toxic or hazardous materials have not occurred (unless all spill material
has been removed) and where detergents are not used.
(9)
Water from individual residential car washing.
(10)
Dechlorinated swimming pool discharges, subject
to compliance with the Lower Merion Township Draining and Cleaning
Swimming Pool Standards.
(11)
Springs of uncontaminated groundwater.
(13) Uncontaminated hydrostatic test water discharges if such discharges
do not contain detectable concentrations of total residual chlorine.
[Added 3-15-2023 by Ord. No. 4262]
(14) Diverted stream flows.
[Added 3-15-2023 by Ord. No. 4262]
C. In the event that the Township or the DEP determines
that any discharge contributes to the pollution of waters of the commonwealth,
the Township will notify the responsible person to cease the discharge
and provide a reasonable period of time to do so, consistent with
the degree of pollution caused by the discharge. Failure to do so
will constitute a violation of this chapter.
D. Nothing in this section shall affect a discharge's
responsibilities under state law or limit the authority of a state
agency.
[Added 2-16-2005 by Ord. No. 3736]
The following connections to the Township's storm sewer system are prohibited except to facilitate discharges permitted by §
121-25.1B above:
A. A drain or conveyance, whether above or below ground,
which allows any nonstormwater discharge, including sewage, wastewater
or washwater, to enter the Township's storm sewer system; any connection
to the storm water system from indoor drains and sinks; and
B. Any drain or conveyance connected from a commercial
or industrial land use to the Township's separate storm sewer system,
which has not been documented in plans, maps or equivalent records,
and approved by the Township.
C. Any
drain or conveyance that delivers nonstormwater discharges directly
into wetlands, riparian buffers, or other waters of the commonwealth
is prohibited.
[Added 3-15-2023 by Ord. No. 4262]