[Adopted 12-10-1992 by Ord. No. 581]
This part shall be known and may be cited as
the "Nether Providence Township Stormwater, Erosion and Sediment Control
Ordinance."
The purpose of the part is to regulate the modification
of the natural terrain, the alteration of drainage and the maintenance
of artificial structures and surfaces and to provide for certain accelerated
erosion and sedimentation control measures within Nether Providence
Township so as to assure and safeguard health, safety, ecology and
general welfare in Nether Providence Township.
It is the intent of this chapter to implement Title 25, Rules and Regulations, Part 1, Department of Environmental Resources, Subpart C, Protection of Natural Resources, Article II, Water Resources, Chapter 102, Erosion Control, of the Clean Streams Law, the Pennsylvania Stormwater Management Act of 1978 and any other applicable state and local regulations.[1]
[1]
Editor's Note: See 35 P.S. § 691.1
et seq. and 32 P.S. § 680.1 et seq.
The Board of Commissioners may require that
a landowner or developer provide reasonable corrective measures to
alleviate an existing off-site drainage problem which may be affected
by the proposed subdivision and/or land development. It shall be the
responsibility of the landowner or developer to obtain all drainage
easements of not less than 25 feet on, over or through other properties,
and the Township, its agents, workmen, servants and employees shall
be indemnified and held harmless from any liability.
Any subdivision and/or land development within
a Flood Control District shall comply with all provisions of the Township
Flood Control Ordinance.[1]
The definitions of terms used in this chapter
shall be as follows. (See also the Subdivision and Zoning Ordinances
for additional applicable definitions.[1])
The removal of the surface of the land through the combined
action of man's activities and natural processes at a rate greater
than would occur because of the natural processes alone.
Consisting of or formed from material such as gravel, sand,
silt or clay deposited by flowing water and showing little or no modification
of the original material by soils-forming processes.
The specified characteristics of the land surface (e.g.,
meadow) prior to a proposed disturbance or prior to a rainfall event
(e.g., amount of moisture in the soil). This "antecedent condition"
is the basis for calculating increases in runoff attributable to the
disturbance or storms which must be controlled.
The total capacity of the seepage bed structure to absorb
stormwater by virtue of its volume of storage and its ability to percolate
water into the soil below. This is usually expressed in cubic feet.
A well-compacted earth fill ridge.
BMP activities, facilities, measures or procedures used to
manage stormwater impacts from land development, to protect and maintain
water quality and groundwater recharge and to otherwise meet the purposes
of this chapter, including but not limited to infiltration, filter
strips, low-impact design, bioretention, wet ponds, permeable paving,
grassed swales, forested buffers, sand filters and detention basins.
[Added 3-11-2004 by Ord. No. 681]
A measurement of flow, cubic feet per second.
A reservoir or tank for storing water.
The diameter of a tree at breast height, usually measured
3.5 feet from the ground surface.
The magnitude of precipitation from a storm event against
which stormwater management facilities shall be designed to protect,
measured in probability of occurrence (e.g., one-hundred-year storm)
and duration (e.g., twenty-four-hour).
A structure designed to retain or detain runoff in order
to increase the time of concentration or to reduce the maximum discharge
rate of runoff from a developed area.
An area subject to earthmoving activity.
A channel or ditch and a ridge constructed across a sloping
land surface, on the contour or with predetermined grades, to intercept
and divert surface runoff before it gains sufficient volume and velocity
to create harmful erosion.
A right-of-way granted to use private land to facilitate
the flow of water, within which the owner shall erect no permanent
structures but may use the land in any other way not inconsistent
with the grantee's rights.
Activity resulting in the movement of earth or stripping
of vegetative cover from the earth.
A concrete or stone structure designed to reduce the velocity
and force of a concentrated stream of water.
The wearing away of soil by action of wind, water or other
geological agents.
The initial flow of stormwater runoff [usually the first
one-half (1/2) inch] which washes most bacterial and chemical pollutants
from the land.
A plastic material designed to prevent upward and downward
movement of soil or other solids while permitting water movement.
It is commonly used in road construction when water-saturated soil
could weaken the road base and surface.
Replenishment of geological structures and rock or soil interstices
which have the capacity to store water.
A supply of water which is drawn from wells or springs.
The depth at which soil particles approach saturation with
water.
Properties, distribution and effects of water on the earth's
surface, in the soil and underlying rocks and in the atmosphere.
Materials which are essentially impenetrable and thus unable
to absorb liquids.
A structure designed to direct the flow of rain into storage
in geological structures, e.g., French drains, Dutch drains, seepage
pits.
Those activities listed within § 281-7 of this chapter.
The maximum rate of flow of water at a given point resulting
from a predetermined storm.
A volume of flow being released from a detention structure
per specified unit of time (e.g., gallons per minute).
A stabilized structure of stone, concrete or treated wood
designed to prevent the erosion or collapse of a rock or earthfaced
cut or fill.
A reservoir, formed from soil or other material, which is
designed to permanently retain a certain amount of stormwater from
a catchment area and which may also be designed to temporarily detain
excess stormwater runoff from the catchment area. "Retention basins"
may also receive fresh water from year-round streams. Unlike detention
basins, "retention basins" always contain water, thus they are man-made
lakes or ponds.
That portion of a total volume of water which can be expected
to flow off a particular surface.
The Soil Conservation Service, United States Department of
Agriculture.
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of origin by
water.
A retention or detention basin located and designed to retain
rock, sand, gravel, silt and other stormwater-transported material
through trapping, screening, settling, etc.
A broad area of excavated earth filled with loose stone or
other particles to which surface water is directed for infiltration
into geological storage.
A linear excavation of the earth filled with loose stone
or similar materials to which surface water is directed for infiltration
to geological storage.
A mathematical method of runoff computation developed by
the Soil Conservation Service of the United States Department of Agriculture
which provides for accurate consideration of the effect of applied
conservation measures on runoff rates and volume.
A place at which water flows or seeps from soil or rock.
Soil which is not susceptible to erosion due to natural vegetation
or mechanical or artificial stabilization.
A pipe or conduit that carries intercepted surface runoff,
street wash and other wash water or drainage but excludes domestic
sewage and industrial wastes.
Water which surfaces, flows or collects during and subsequent
to rain or snowfall.
Any perennial current or flow of water, especially one running
along the surface of the earth.
Any stream that is shown as a blue line on United States
Coast and Geodetic Survey Quadrant Maps.
A low point in a roadway or drainage swale where stormwater
can potentially fill to a depth of one foot or more prior to overflowing
to a lower area.
A low-lying stretch of land, natural or man-made, which collects
or carries surface water runoff.
A duly appointed employee or independent contractor performing
engineering services for the Township or such individual appointed
by the Commissioners to perform the duties and services designated
herein.
Soil subject to erosion due to lack of vegetation or inherent
nature of soil structure.
A.
Whenever the landscape or vegetation is to be disturbed by activities described in Subsections C, D and E and the proposal involves an area greater than one-half (1/2) acre or involves less than one-half (1/2) acre but includes the building of a dwelling (residential or other) or will cause sedimentation, a permit is required. A plan showing how accelerated erosion and sedimentation shall be controlled, both temporarily and permanently, is also required.
B.
As a minimum, a plan for the following will be required in all situations described in Subsection A above:
C.
It shall be unlawful for any person, firm or corporation
to pave, fill, strip, partially strip, grade, regrade, clear cut or
selectively cut any land within Nether Providence Township without
first securing a permit as hereunder provided.
D.
It shall be unlawful for any person, firm or corporation
to disturb, modify, block, divert or affect the natural overland or
subsurface flow of stormwater within Nether Providence Township without
first securing a permit as hereunder provided.
E.
It shall be unlawful for any person, firm or corporation
to construct, erect or install any drainage dam, ditch, culvert, drainpipe,
bridge or any other structure of obstruction affecting the drainage
of any premises in Nether Providence Township without first securing
a permit as hereunder provided.
F.
It shall be unlawful for any person, firm or corporation
to commence any earth disturbance activity of 5,000 square feet or
more without first developing an acceptable erosion and sediment control
plan pursuant to 25 Pa. Code § 102.4(b) and any other applicable
regulations of the Pennsylvania Department of Environmental Protection.
[Added 3-11-2004 by Ord. No. 681]
G.
It shall be unlawful for any person, firm or corporation
to commence any earth disturbance one acre or more with a point source
discharge to surface waters or the Nether Providence Township storm
sewer system, or five acres or more regardless of the planned runoff,
including any earth disturbance on any portion of, part of or during
any stage of a larger common plan of development, without first securing
a permit from the Pennsylvania Department of Environmental Protection
under 25 Pa. Code Chapter 92.
[Added 3-11-2004 by Ord. No. 681]
H.
It shall be unlawful for any person, firm or corporation
to commence any earth disturbance one acre or more with a point source
discharge to surface waters or the Nether Providence Township storm
sewer system, or five acres or more regardless of the planned runoff,
including any earth disturbance on any portion of, part of or during
any stage of a larger common plan of development, without first securing
approval of the Nether Providence Township Engineer or Board of Commissioners
of a plan which demonstrates compliance with state water quality requirements
after construction is complete.
[Added 3-11-2004 by Ord. No. 681]
(1)
The best management practices (BMPs) contained in the plan required by § 281-12 must be designed to protect and maintain existing uses (e.g., drinking water use; cold water fishery use) and maintain the level of water quality necessary to protect those uses in all streams and to protect and maintain water quality in special protection streams, as required by 25 Pa. Code Chapter 93 (collectively referred to herein as “state water quality requirements.”)
(2)
The plan required by § 281-12 shall demonstrate that the state water quality requirements can be met by BMPs, including site design, which provide for, at a minimum, replication of preconstruction stormwater infiltration and runoff conditions, so that postconstruction stormwater discharges do not degrade the physical, chemical or biological characteristics of the receiving waters. As described in the Pennsylvania Department of Environmental Protection Comprehensive Stormwater Management Policy (No. 392-0300-002, September 28, 2002), this may be achieved by the following:
(a)
Infiltration: replication of preconstruction
stormwater infiltration conditions;
(b)
Treatment: use of water quality treatment BMPs
to ensure filtering out of chemical and physical pollutants from the
stormwater runoff; and
(c)
Streambank and streambed protection: management
of volume and rate of postconstruction stormwater discharges to prevent
physical degradation of receiving waters (e.g., from scouring and
erosion).
(3)
Pursuant to state regulations, Nether Providence Township will review such plans required by § 281-12 to ensure design, implementation and maintenance of BMPs that control runoff from new development and redevelopment after regulated earth disturbance activities are complete. These requirements include the need to implement postconstruction stormwater BMPs with assurance of long-term operations and maintenance of those BMPs.
No permit shall be required for:
A.
Any person, firm or corporation proposing to engage
in an activity requiring a permit hereunder shall apply for a permit
by written application on a form furnished by Nether Providence Township.
B.
Proof of application for a permit shall be submitted
to the Nether Providence Planning Commission simultaneously with preliminary
plans to be considered for subdivision development review.
C.
The developer is encouraged to consult the general
development requirements and detailed requirements of any unit of
government that affect the tract to be developed and the area surrounding
it before he submits a preliminary plan for review. He should also
become acquainted with the Zoning Ordinance, Subdivision Ordinance
and other ordinances which regulate the development of land in Nether
Providence Township.[1]
D.
A separate application shall be required for each grading permit. Four copies of the proposed plans, as required in §§ 281-7A and B, 281-10A and, if applicable, § 281-10C, including specifications and timing schedules, shall be submitted with each application for a permit. One of the copies, at the discretion of Nether Providence Township Board of Commissioners, shall be submitted to the Delaware County Conservation District, and one copy shall be forwarded to the Nether Providence Environmental Advisory Committee for comment and review.
F.
The application for a permit shall provide for financial security by sufficient deposit of escrow with the Township for single lot development sufficient to cover the cost of temporary sediment and debris protection, public improvements, including but not limited to curbing, sidewalks, driveway aprons, curb depressions, utility ditch restoration, driveway construction, temporary cleanup, including trash storage and collection, safety fencing, outside security lighting, final grading providing for proper stormwater drainage and seepage and for repair of any construction-related damage caused to adjacent properties. Such escrow deposit shall be determined as directed by the Township Engineer as either the amount of $2,500 or by the developer's engineer consistent with the provisions of the Pennsylvania Municipalities Planning Code, Article V, Subdivision and Land Development, at Section 509 thereof, and submitted to the Municipal Engineer for approval. Said escrow shall be released upon satisfactory completion of all improvements or repairs as determined by the Township Engineer.
[Added 2-8-2001 by Ord. No. 648]
A.
The application for a permit shall be accompanied
by a plan of the property showing:
(2)
A description of the general topography, including
drainage, and soil conditions on the site (available through the Delaware
County Conservation District) and natural features, including streams,
springs, major trees, etc., on the ground immediately surrounding
the site.
(3)
The location and description of existing and proposed
man-made features of importance to the proposed development (i.e.,
cuts and fills, buildings, roads, etc.).
(4)
Plans and specifications of accelerated erosion and
sedimentation control measures and facilities which shall, as a minimum,
meet the latest revised standards, specifications and/or regulations
of:
(a)
The United States Department of Agriculture,
Soil Conservation Service, as adopted by the Delaware County Conservation
District in its Erosion and Sediment Control Handbook.
(b)
The Commonwealth of Pennsylvania, Department
of Environmental Resources, in its Soil Erosion and Sedimentation
Control Manual.
(c)
The Standards and Specifications for Soil Erosion
and Sediment Control in Developing Areas, by the United States Department
of Agriculture, Soil Conservation Service, College Park, Maryland.
Erosion and sedimentation control measures shall be required on all
erosion and sedimentation control and stormwater management plans
for all subdivisions and/or land developments within the Township.
The Township or its designated representative shall ensure and enforce
compliance with the appropriate standards.
(5)
A time schedule indicating the anticipated starting
and completion dates of the development sequence and the time of exposure
of each area prior to the completion of effective accelerated erosion
and sedimentation control measures.
(6)
Necessary approvals by the Pennsylvania Department
of Environmental Resources, Federal Emergency Management Agency, the
United States Army Corps of Engineers, the Delaware County Conservation
District, Pennsylvania Department of Transportation and any other
regulatory agencies that may have jurisdiction over the site.
(7)
Necessary technical reports by qualified professionals
regarding specialty concerns, such as but not limited to wetlands
delineation, soils characteristics, geotechnical evaluations and groundwater
recharge.
B.
Drafting standards shall be in accordance with the
Nether Providence Township Subdivision and Land Development Ordinance,[2] where applicable, the Appendix to this chapter[3] and the following:
(1)
They shall show the location of all existing and proposed
ditches, channels, streams, pipes and other drainage structures and
all easements and proposed cuts and fills.
(2)
They shall show existing and proposed elevations,
with contour lines at two-foot intervals.
(3)
There shall be clarification of proposed drainage
through the use of drainage arrows where appropriate.
(4)
They shall show the extent of all proposed grading
and site work.
(5)
They shall show clearly all existing and proposed
buildings, structures, parking areas, streets, driveways and utilities.
C.
Special requirements for permit. In addition to the requirements of Subsections A and B above and where deemed necessary in accordance with acceptable environmental practices as determined by the Township Engineer and/or the Nether Providence Township Planning Committee, in consultation with the Environmental Advisory Committee, the applicant shall submit with the application a detailed drainage study and design prepared by a registered professional engineer qualified in hydrology, which study and design shall be in accordance with the following:
(1)
A stormwater management and control plan shall be
provided in order to:
(a)
Permit unimpeded flow of natural watercourses
and delineate the one-hundred-year flood boundary limits for all streams
and waterways on the site.
(b)
Ensure adequate drainage of all low points along
the lines of roads.
(c)
Intercept stormwater runoff at intervals related
to the extent and grade of the area drained.
(d)
Provide positive drainage away from on-site
sewage disposal and structures.
(e)
Remove surface water from the bottom of vertical
grades, lead water from springs and avoid the use of cross gutters
at road intersections and elsewhere.
(f)
Ensure that the peak discharge from the site
is no greater than the peak discharge prior to development.
(2)
Drainage plan.
(a)
A drainage plan for the proposed site which
illustrates the following information shall be prepared for review:
[1]
A mapping plan for the watershed area in which
the proposed site is located.
[2]
Calculations of runoff for all points of runoff
concentrations.
[3]
A complete drainage system for sites, including
storage facilities, where required. All existing drainage features
which are to be incorporated in the design shall also be so identified.
[4]
Identification of all soil classifications in
the watershed area.
(b)
If the site is to be developed in stages, a
general drainage plan for the entire site shall be presented with
the first stage, and appropriate development stages for the drainage
system shall be indicated.
D.
Granting or recording of easements. The applicant
shall agree to the granting and recording of easements for drainage
facilities, including acceptance of the discharge of water from the
property of others, provisions for maintenance of slopes and swales
and access for the maintenance of anti-erosion facilities.
A.
Upon the submission of an application which conforms
to the provisions of this chapter, the Township Commissioners of Nether
Providence Township, after consultation with the Nether Providence
Township Engineer, shall issue the necessary permit.
B.
Evidence of any necessary permit(s) required pursuant
to 25 Pa. Code Chapter 92 for regulated earth disturbance activities
from the Pennsylvania Department of Environmental Protection Southeast
Regional Office or the Delaware County Conservation District must
be provided to the Nether Providence Engineer and the Board of Commissioners.
[Added 3-11-2004 by Ord. No. 681]
C.
A copy of the erosion and sediment control plan, state
water quality requirements compliance plan and any required permit
shall be available at the project site at all times.
[Added 3-11-2004 by Ord. No. 681]
A.
Notwithstanding any provision of this chapter or any
condition of the permit, the applicant is responsible for the prevention
of damage to other property or personal injury which may be affected
by the activity requiring a permit.
B.
No person, firm or corporation shall modify, fill,
excavate, pave, grade or regrade land in any manner so close to a
property line as to endanger or damage any adjoining street, sidewalk,
alley or any other public or private property without supporting and
protecting such property from settling, cracking, erosion, sediment
or other physical damage or personal injury which might result.
C.
No person, firm or corporation shall deposit or place
any debris or any other material whatsoever or to cause such to be
thrown or placed in any drainage ditch or drainage structure in such
a manner as to obstruct free flow.
D.
No person, firm or corporation shall fail to adequately
maintain in good operating order any drainage facility on his premises.
All drainage ditches, culverts, drainpipes and drainage structures
shall be kept open and free-flowing at all times.
E.
The owner of any property on which any work has been
done pursuant to a permit granted under this chapter shall continuously
maintain and repair all graded surfaces and anti-erosion and antisedimentation
devices, retaining walls, drainage structures or means and other protective
devices, plantings and ground cover, installed or completed.
F.
All graded surfaces shall be seeded, sodded and/or
planted or otherwise protected from erosion within 30 days and shall
be watered, tended and/or maintained until growth, in the case of
vegetation, is well established. The disturbed area and duration of
exposure shall be kept to a practical minimum.
G.
When required, adequate provisions shall be made for
dust control measures as are deemed acceptable by the Nether Providence
Township Engineer.
H.
All plans and specifications accompanying applications
for permits shall include measures and facilities for both the interim
(temporary) and ultimate (permanent) control of accelerated erosion
and sedimentation.
(1)
The design, installation and maintenance of erosion
and sediment control measures and facilities shall be accomplished
in accordance with the Delaware County Conservation District as adapted
from standards and specifications of the Soil Conservation Service,
United States Department of Agriculture, except where said standards
and specifications are inconsistent with the terms of this chapter.
(a)
Technical standards for the design and installation
of accelerated erosion and sedimentation control measures and facilities
are on file with the office of the Delaware County Conservation District
and other governmental agency offices.
(b)
Standards and specifications adopted for the
purposes of this chapter and by the Delaware County Conservation District
include but are not limited to the following basic conservation measures:
[1]
Temporary cover on critical areas.
[2]
Permanent grass and legume cover on critical
areas on prepared seedbeds.
[3]
Permanent grass and legume cover on critical
areas on unprepared seedbeds.
[4]
Sodding.
[5]
Mulching.
[6]
Temporary diversion.
[7]
Permanent diversion.
[8]
Grassed waterway or outlet.
[9]
Grade stabilization structure.
[10]
Debris basin.
[11]
Drain.
[12]
Drainage, main or lateral.
(c)
A quality control program is critical for fills.
Therefore, wherever fill material is to be used, each layer of compacted
fill should be tested to determine its dry density as per ASTM D-1556.
The density of each layer should not be less than 90% of maximum dry
density for ordinary load-bearing fills and 95% of maximum dry density
for fills supporting structures as determined by ASTM D-1557.
[1]
Inspection procedures shall follow the general
procedure as stated in this section.
[2]
Compaction test reports shall be kept on file
at the site and be subject to review at all times.
[3]
The degree of compaction required shall be determined by the Nether Providence Township Engineer following the guidelines in § 281-12H(1) above.
[4]
Where the provisions of this section are determined
to be inapplicable, they may be waived by the Nether Providence Township
Engineer.
I.
No person, firm or corporation shall allow, or cause to allow, stormwater discharges into the Nether Providence Township separate storm sewer system which are not composed entirely of stormwater, as provided in Subsection I(1) below, or discharges allowed under a state or federal permit.
[Added 3-11-2004 by Ord. No. 681]
(1)
Discharges which may be allowed, based on a finding
by the Nether Providence Township Board of Commissioners that the
discharge(s) do not significantly contribute to pollution to surface
waters of the Township and the commonwealth, are:
(a)
Discharges from fire-fighting activities.
(b)
Uncontaminated water from foundation or from
footing drains.
(c)
Potable water sources, including dechlorinated
water line and fire hydrant flushings.
(d)
Flows from riparian habitats and wetlands.
(e)
Lawn watering.
(f)
Irrigation drainage.
(g)
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.
(h)
Routine external building washdown (which does
not use detergents or other compounds).
(i)
Air-conditioning condensate.
(j)
Water from individual residential car washing.
(k)
Dechlorinated swimming pool discharges.
(l)
Springs.
(m)
Uncontaminated groundwater.
(n)
Uncontaminated water from crawl space pumps
and basement sump pumps.
(2)
In the event that the Nether Providence Township Engineer or the Board of Commissioners determines that any of the discharges identified in Subsection I(1) significantly contribute to pollution of waters of the Township and the commonwealth, or is so notified by the Pennsylvania Department of Environmental Protection DEP, the Nether Providence Township Engineer or the Board of Commissioners will notify the responsible person to cease the discharge, in writing.
(3)
Upon notice provided by the Nether Providence Township Engineer or the Board of Commissioners under Subsection I(2), the discharger will have a reasonable time, as determined by the Nether Providence Township Engineer or the Board of Commissioners, to cease the discharge consistent with the degree of pollution caused by the discharge.
(4)
Nothing in this section shall affect a discharger’s
responsibilities under state law.
(5)
The following connections are prohibited, except as provided in Subsection I(1) above:
(a)
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)
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 the Nether Providence Township Engineer or the Board of Commissioners.
A.
All inspections shall be the responsibility of the
Nether Providence Township Engineer or, in his absence, a qualified
person acceptable to the Nether Providence Township Engineer and the
Board of Commissioners.
B.
Inspections will be carried out on a random basis, except as stated in Subsection E of this section. A set of as-built plans shall be on file at the site and updated as the work progresses. When it is deemed acceptable to the Nether Providence Township Engineer and the Board of Commissioners, a designated qualified person may authenticate the as-built plans and will assume full responsibility for quality of work.
C.
Any and all as-built plans during construction shall
be available on the site at all times and be subject to inspection
and inquiry.
D.
Engineering check notes shall accompany all as-built
plans which involve structural or mechanical measures and shall serve
as supporting evidence that structures meet design standards and specification.
E.
Upon project completion, a final set of as-built plans,
authenticated by a Registered Professional Engineer and produced on
a Mylar or equal original, shall be submitted to the Township.
F.
A final inspection shall be conducted by the Nether
Providence Township Engineer to certify compliance with this chapter.
Satisfactory compliance with this chapter shall be necessary before
issuance of an occupancy permit.
All applicants shall bear all costs of inspections
required hereunder and shall deposit with the Nether Providence Township
Treasurer such sum as the Board of Commissioners shall determine to
guarantee payment of the costs of such inspections. The costs of inspections
shall be at the rate charged by the Nether Providence Township Engineer.
A.
Any person, firm or corporation violating any provision of this chapter shall, upon summary conviction before any District Justice, be punishable as provided in Chapter 1, General Provisions, Art. II, Violations and Penalties, § 1-16, Building, health and safety violations. Each and every day in which any person, firm or corporation shall be in violation of this chapter shall constitute a separate offense.
B.
Any person, firm or corporation violating any provision
of this chapter may be ordered into compliance by written notice of
the Nether Township Engineer or Board of Commissioners. Such notice
may require, without limitations:
[Added 3-11-2004 by Ord. No. 681]
(1)
The performance of monitoring, analyses, and reporting;
(2)
The elimination of prohibited 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;
(5)
Payment of a fine to cover administrative and remediation
costs;
(6)
The implementation of stormwater best management practices
(BMPs); and
(7)
Operation and maintenance of stormwater BMPs.
C.
Failure to comply within the time specified shall
also subject such person, firm or corporation to the penalty provisions
of this chapter. All such penalties shall be deemed cumulative and
shall not prevent Nether Providence Township from pursuing any and
all other remedies available in law or equity.
[Added 3-11-2004 by Ord. No. 681]
D.
Any building, land development or other permit or
approval issued by the Nether Providence Township pursuant to this
chapter may be suspended or revoked by the Nether Providence Township
Board of Commissioners for:
[Added 3-11-2004 by Ord. No. 681]
(1)
Noncompliance with or failure to implement any provision
of the permit;
(2)
A violation of any provision of this chapter; or
(3)
The creation of any condition or the commission of
any act during construction or development which constitutes or creates
a hazard or nuisance, pollution or which endangers the life or property
of others.
E.
Nether Providence Township may institute injunctive
mandamus or any other appropriate action or proceeding at law or in
equity for the enforcement of this Chapter. Any 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.
[Added 3-11-2004 by Ord. No. 681]
