[HISTORY: Adopted by the Township Council
of Horsham Township 7-28-2008 by Ord. No. 2008-1. Amendments noted where
applicable.]
A.
As used in this chapter, words in the singular include
plural and those in the plural include singular. Words in the present
tense include future tense. The word "person" includes corporation,
unincorporated association and partnership, as well as an individual.
B.
The following words, as used in this chapter, shall
have the following meanings indicated below:
- APPLICANT
- A landowner or developer, including heirs, successors and assigns, who have filed an application with the Township.
- BEST MANAGEMENT PRACTICES (BMPs)
- 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).
- GROUNDWATER SUPPLY
- A supply of water which is drawn from wells or springs.
- GROUNDWATER TABLE
- The depth at which soil particles approach saturation with water.
- SPRING
- A place where water flows naturally from rock or soil upon the land or into a body of surface water.
- STORM SEWER
- A system of pipes and/or open channels that convey intercepted runoff and stormwater from other sources but exclude domestic sewage and industrial wastes.
- STORMWATER
- Water which surfaces, flows, or collects during and subsequent to rain or snowfall events.
- STORMWATER MANAGEMENT
- Procedures involved in the control of water that runs off the surface of the land from rain and melting snow.
- STREAM
- A natural watercourse with perennial or intermittent flow.
- SWALE (DRAINAGE, NATURAL)
- A low-lying stretch of land (natural) which collects or carries surface water runoff.
- SWIMMING POOL
- 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.
- TOWNSHIP ENGINEER
- Duly appointed employee or independent contractor performing engineering services for the Township or such individual appointed by Council to perform the duties and services designated herein.
- WATERCOURSE
- A channel or conveyance of surface water having defined bed and banks, whether natural or artificial.
- WETLANDS
- 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.
B.
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 wash down (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;
and 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.
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.
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.
Nothing in this section shall affect a discharger's
responsibilities under state or federal law.
The following connections are prohibited, except as provided in § 189-2B. above:
A.
Any drain or conveyance, whether on the surface or
subsurface, which allows any non stormwater 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.
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 Horsham Township.
C.
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.
Whenever the Township finds that a person has violated
a prohibition or failed to meet a requirement of this chapter, the
Township may order compliance by written notice to the responsible
party. Such a notice may require without limitation:
(1)
The performance of monitoring, analyses, and reporting;
(2)
The elimination of prohibited connections or discharges;
(3)
Cessation of any violating discharges, practices,
or operations;
(4)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
and/or
(5)
Payment of a fine to cover administrative and remediation
costs.
B.
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.
Failure to comply within the time specified shall also subject such responsible person or party to the provisions of §§ 189-6 and 189-7 of this chapter. 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.
Any violation of this chapter shall be enforced as
a summary offense by an action before a District Justice. Any person
violating the provisions of this chapter shall be 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.
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 chapter.
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 chapter, may appeal to the Montgomery County Court of Common
Pleas, pursuant to the Local Agency Law,[1] within the time period allowed.
[1]
Editor's Note: See 2 Pa C.S.A. § 551
et seq.
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 chapter, consistent with federal and state laws.