[HISTORY: Adopted by the Board of Supervisors of the Township of
Tredyffrin as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-15-2007 by Ord. No. HR-364[1]]
A.Â
As used in this article, words in the singular include
the plural and those in the plural include the singular. Words in the present
tense include the future tense. The word "person" includes corporation, unincorporated
association and partnership, as well as an individual.
B.Â
APPLICANT
BEST MANAGEMENT PRACTICES (BMPs)
GROUNDWATER SUPPLY
GROUNDWATER TABLE
SPRING
STORM SEWER
STORMWATER
STORMWATER MANAGEMENT
STREAM
SWALE (DRAINAGE, NATURAL)
SWIMMING POOL
TOWNSHIP ENGINEER
WATERCOURSE
WETLANDS
The following words, as used in this article, shall have
the meanings indicated below:
A landowner or developer, including heirs, successors and assigns,
who has filed an application with the Township.
Stormwater quantity and quality management measures, techniques,
controls, etc. utilized to mitigate and minimize the negative impacts of runoff
to streams, lakes, wetlands, forests, residential, business, commercial, or
institutional properties, as well as new land development sites. BMPs can
be nonstructural (preventative actions) and structural (treatment facilities).
A supply of water which is drawn from wells or springs.
The depth at which soil particles approach saturation with water.
A place where water flows naturally from rock or soil upon the land
or into a body of surface water.
A system of pipes and/or open channels that conveys intercepted runoff
and stormwater from other sources but excludes domestic sewage and industrial
wastes.
Water which surfaces, flows, or collects during and subsequent to
rain or snowfall events.
Procedures involved in the control of water that runs off the surface
of the land from rain and melting snow.
A natural watercourse with perennial or intermittent flow.
A low-lying stretch of land (natural) which collects or carries surface
water runoff.
A water-filled enclosure, permanently constructed or portable, having
a depth of more than 18 inches below the level of the surrounding land, or
an aboveground pool, having a depth of more than 30 inches, designated, used,
and maintained, for swimming and bathing.
Duly appointed employee or independent contractor performing engineering
services for the Township or such individual appointed by the Supervisors
to perform the duties and services designated herein.
A channel or conveyance of surface water having defined bed and banks,
whether natural or artificial.
Those areas that are inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support and which under normal conditions
do support a prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes, bogs and similar
areas.
A.Â
No person in Tredyffrin Township shall allow, or cause to allow, stormwater discharges into the Township's separate storm sewer system which are not composed entirely of stormwater, except (1) as provided in Subsection B below; and (2) discharges allowed under a state or federal permit.
B.Â
Discharges which may be allowed, based on a finding by
the Township that the discharge(s) do not significantly contribute to pollution
of surface waters of the commonwealth or reduce the hydraulic capacity of
the existing storm sewer system, are: discharges from fire-fighting activities;
potable water sources including dechlorinated waterline and fire hydrant flushings;
irrigation drainage; routine external building washdown (which does not use
detergents or other compounds); air-conditioning condensate; water from individual
residential car washing; uncontaminated water from foundation or from footing
drains; flows from riparian habitats and wetlands; lawn watering; pavement
wash waters where spills or leaks of toxic or hazardous materials have not
occurred (unless all spill material has been removed) and where detergents
are not used. All authorized nonstormwater discharges shall be directed through
existing stabilized vegetated areas prior to entering the Township storm sewer
system.
C.Â
In the event that the Township determines that any of the discharges identified in Subsection B significantly contribute to pollution of waters of the commonwealth, or is so notified by DEP, the Township will notify the responsible person to cease the discharge.
D.Â
Upon notice provided by the Township under Subsection C, the discharger will have a reasonable time, as determined by the Township, to cease the discharge consistent with the degree of pollution caused by the discharge.
E.Â
Nothing in this section shall affect a discharger's
responsibilities under state or federal law.
The following connections are prohibited, except as provided in § 72-2B
above:
A.Â
Any drain or conveyance, whether on the surface or subsurface,
which allows any nonstormwater discharge including sewage, process wastewater,
and wash water, to enter the separate storm sewer system, and any connections
to the storm drain system from indoor drains and sinks.
B.Â
Any drain or conveyance connected from a commercial or
industrial land use to the separate storm sewer system which has not been
documented in plans, maps, or equivalent records, and approved by Tredyffrin
Township.
C.Â
Roof drains shall not be connected to streets, sanitary
or storm sewers or roadside ditches/ swales. Roof drains shall be discharged
to existing vegetated areas, or shall be discharged into appropriate stormwater
BMPs (infiltration, vegetative, etc.) to the maximum extent practicable.
A.Â
Whenever the Township finds that a person has violated
a prohibition or failed to meet a requirement of this article, the Township
may order compliance by written notice to the responsible party. Such a notice
may require without limitation:
(1)Â
The performance of monitoring, analyses, and reporting;
(2)Â
The elimination of prohibited connections or discharges;
(3)Â
Cessation of any violating discharges, practices, or
operations;
(4)Â
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property; and/or
(5)Â
Payment of a fine to cover administrative and remediation
costs.
B.Â
Such notification shall set forth the nature of the violation(s)
and establish a time limit for correction of these violation(s). Said notice
may further advise that, if applicable, should the violator fail to take the
required action within the established deadline, the work may be done by the
Township or designee and the expense thereof, including reasonable attorneys'
fees and costs, shall be charged to the violator and shall be a lien against
the property in question and shall be collected in the manner provided by
law for the filing and collection of such liens.
C.Â
Failure to comply within the time specified shall also
subject such responsible person or party to the provisions of §§ 72-6
and 72-7 of this article. All such penalties shall be deemed cumulative and
shall not prevent the Township from pursuing any and all other remedies available
in law or equity.
A.Â
Any violation of this article shall be enforced as a
summary offense by an action before a District Justice. Any person violating
the provisions of this article shall be subject to a fine of not more than
$1,000 for each violation, recoverable with attorneys' fees and costs.
Each day that the violation continues shall be a separate offense.
B.Â
In addition, the Township, through its Solicitor, may
institute injunctive, mandamus or any other appropriate action or proceeding
at law or in equity for the enforcement of this article. A court of competent
jurisdiction shall have the right to issue restraining orders, temporary or
permanent injunctions, mandamus or other appropriate forms of remedy or relief.
Any person aggrieved by any action of the Township under this article
may appeal to the Chester County Court of Common Pleas pursuant to the Local
Agency Law within the time period allowed.
The authorized representatives of the Township may enter at reasonable
times any property within the Township to inspect any drain, conveyance, discharge
or stormwater facility under this article, consistent with federal and state
laws.