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Township of East Manchester, PA
York County
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Table of Contents
Table of Contents
Upon presentation of proper credentials, duly authorized representatives of the Township may enter at reasonable times upon any property within the Township to inspect the condition of stormwater management facilities in regard to any aspect regulated by this chapter.
A. 
The provisions of this chapter are the minimum standards for the protection of the public welfare.
B. 
If the developer demonstrates to the satisfaction of the Board of Supervisors that any mandatory provision of this chapter is unreasonable and causes unique and undue hardship as it applies to his proposed project, the Board of Supervisors, upon obtaining the comments and recommendations of the Township Engineer, may grant a waiver so that substantial justice may be done and the public interest secured, provided that such waiver will not have the effect of nullifying the intent and purpose of this chapter.
C. 
The developer shall make all requests for waivers in writing and include such requests as a part of the development application. The developer shall state in full the grounds and facts, of unreasonableness or hardship on which the request is based, the provision or provisions of this chapter involved and the minimum waiver necessary. The developer shall state how the requested waiver and developer's proposal shall result in an equal or better means of complying with the intent of this chapter as stated in Article I.
D. 
The Board of Supervisors shall keep a written record of all action on waiver requests.
E. 
In granting waivers, the Board of Supervisors may require the payment of a fee in lieu of compliance with the provisions of this chapter subject to the following limitations:
(1) 
The fee shall be an amount per square foot of impervious material to be added to the project site. The Township shall establish the rate per square foot for this fee by resolution.
(2) 
The fee shall be paid to the Township before commencement of any work on the project or issuance of any permits.
(3) 
All money paid to the Township in this manner shall be kept in a capital reserve fund established as provided by the Second Class Township Code. Money in such capital reserve fund shall be invested in accordance with Section 3204 of the Second Class Township Code.[1] Money in such capital reserve fund must be used for the acquisition of land, construction of facilities, or maintenance of facilities for stormwater management purposes.
[1]
Editor's Note: See 53 P.S. § 68204.
F. 
In granting waivers, the Board of Supervisors may impose conditions as will, in its judgment, secure substantially the objectives and standards or requirements so modified.
G. 
The developer shall address all of the following in its application for a waiver:
(1) 
The extent of the proposed activity.
(2) 
The magnitude of the anticipated increased stormwater runoff as a result of the activity.
(3) 
The adverse impacts of any anticipated increase in stormwater runoff at the area of discharge from the site of the activity.
(4) 
The physical circumstances or conditions of the project site and any surrounding properties which may be impacted, including drainage characteristics, soil types, shape, location, topography or other physical conditions specific to the site of the activity.
(5) 
The history of stormwater runoff problems in the area which may or will be impacted by the activity.
(6) 
The potential for increased peak flows and/or volumes of stormwater runoff to cause any of the following problems:
(a) 
Increased flooding or ponding on off-site properties or roadways.
(b) 
Potential icing conditions.
(c) 
Erosive conditions due to increased peak flows or volume.
(d) 
Decreased water quality.
(e) 
Increased one-hundred-year floodplain levels.
(7) 
Whether stormwater runoff will be diverted to a different watershed to accomplish the goal of no or minimal increase of peak flow from the project site.
It shall be a violation of this chapter to commit or permit any other person to commit any of the following acts:
A. 
To commence regulated activities prior to obtaining unconditional approval of a stormwater management plan or in violation of the terms or conditions of a stormwater management plan approved under this chapter.
B. 
To install, repair, modify or alter stormwater management facilities prior to obtaining approvals under this chapter, or, in a manner which violates the terms and conditions of any approval issued under this chapter.
C. 
To misuse or fail to maintain any stormwater management facility installed upon a property.
D. 
To construct any improvements upon, grade, fill or take any other action which will impair the proper functioning of any stormwater management facility.
E. 
To place false information on, or, omit relevant information from an application for approval under this chapter.
F. 
To fail to comply with any other provisions of this chapter.
A. 
The violation of any provision of this chapter is hereby deemed a public nuisance. The Township is hereby authorized to enter upon private property and take all measures necessary to abate a deemed public nuisance, including attorneys' fees, under this chapter. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the Township or designated contractor to enter upon the premises for the purposes set forth above. The costs incurred by the Township to abate a public nuisance, including attorneys' fees, shall be a special assessment against the property and shall constitute a municipal lien on the property for the amount of the assessment plus a penalty of 10% of the assessment.
B. 
For each violation of the provisions of this chapter, the developer, owner, agent, lessee, or contractor or any other person who commits, takes part in, or assists in any such violation shall be liable, upon conviction thereof in a summary proceeding, to pay a fine of not less than $200 nor more than $1,000 for each offense, together with the costs of prosecution and attorneys' fees, which fines and penalties may be collected as provided by law. All fines and penalties collected for violation of this article shall be paid over to the Township Treasurer. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof in which a violation exists shall be considered a separate violation of this chapter, and each section of this chapter which is violated shall be considered a separate violation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
The Township may also institute any other actions, suits or remedies available at law or in equity to restrain, prevent, or abate a violation of this chapter. Such proceedings may be initiated before any court of competent jurisdiction. In cases of emergency where, in the opinion of the court, the circumstances of the case require immediate abatement of the unlawful conduct, the court may, in its decree, fix a reasonable time during which the person responsible for the unlawful conduct shall correct or abate the same. The expense of such proceedings, including attorneys' fees, shall be recoverable from the violator in such manner as may now or hereafter be provided by law.
A. 
Prior to revocation or suspension of a permit, the governing body will schedule a public hearing to discuss the noncompliance if there is no immediate danger to life, public health or property.
B. 
Suspension and revocation of stormwater management plan approvals shall be in accordance with the following:
(1) 
Any approval issued under this chapter may be suspended or revoked by the Township for:
(a) 
Noncompliance with or failure to implement any provision of the stormwater management plan.
(b) 
A violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation relating to the project.
(c) 
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.
(2) 
A suspended stormwater management plan shall be reinstated by the Township when:
(a) 
The Township Engineer or his designee has inspected and approved the corrections to the stormwater management facilities and/or erosion and sediment control measure(s), or the elimination of the hazard or nuisance; and
(b) 
The Township is satisfied that the violation of this chapter, law, or rule and regulation has been corrected.
(3) 
A stormwater management plan approval which has been revoked by the Township cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this chapter.
C. 
Occupancy permits shall not be issued for any lot or lots within a project during the pendency of any enforcement action under this chapter commenced against the project or the developer of the project.
Any activity conducted pursuant to a stormwater management plan approved by Township shall be performed in strict compliance with the provisions of the plan. Violations shall be treated in the following manner:
A. 
Any noncompliance with the provisions of the stormwater management plan that is identified by the Township Engineer, the Code Enforcement Officer or designee of the Township in the course of inspections as specified in this chapter shall be remedied by the developer according to the terms in this chapter.
B. 
If at any time work does not conform to the approved stormwater management plan, including all conditions and specifications and modifications thereof, the Township Engineer or the Code Enforcement Officer shall issue a written notice to comply to the developer. Such notice shall set forth the nature of corrections required and the time within which corrections shall be made. Upon failure to comply within the time specified, the developer shall be considered in violation of this chapter, and the Township shall issue a cease and desist order on all work on the project site, including any building or other construction, until corrections are made. If corrections are not undertaken within a specified time or the developer violates the cease and desist order:
(1) 
Penalties shall be imposed; and/or
(2) 
The work shall be completed by the Township and the costs charged to the developer.
Approvals issued pursuant to this chapter do not relieve the developer of the responsibility to comply with or secure required permits or approvals for activities regulated by any other applicable resolution, ordinance, code, rule, regulation or laws (federal, state, and local). If more stringent requirements concerning regulation of stormwater or erosion and sedimentation control are contained in the other regulations, the more stringent regulations shall apply.
The making of any administrative decision by the Township or any of its officials, agents, or employees shall not constitute a representation, guarantee or warranty of any kind by the Township of the practicability or safety of any proposed structure or use with respect to damage from erosion, sedimentation, stormwater runoff, flood, or any other matter, and shall create no liability upon or give rise to any cause of action against the Township and its officials and employees. The Board of Supervisors, by enacting this chapter, does not waive or limit any immunity granted to the Township and its officials and employees by the Governmental Immunity Act of October 5, 1980, P.L. 693, No. 142, as amended, 42 Pa.C.S.A. § 8541 et seq., and does not assume any liabilities or obligations.
Appeals from any action of the Township or Township agents under this article shall be made in writing to the Board of Supervisors within 15 days from the date of the written determination of the Township. All appeals shall be accompanied by the appeal fee established by resolution of the Board of Supervisors.[1]
A. 
The written appeal shall specify the precise action from which the appeal is taken and shall set forth in concise terms the reason for the appeal and any legal authorities supporting the appeal period.
B. 
If the appellant desires a hearing before the Board, the appellant must request a hearing in the written appeal.
C. 
If a hearing is requested in writing, the Board shall conduct the hearing at a regular or special public meeting which occurs not less than 30 days after receipt of the written appeal. The hearing shall be conducted in accordance with the provisions of the Local Agency Law, 2 Pa.C.S.A. § 551 et seq.
D. 
The Board shall render a decision on the appeal in accordance with the provisions of the Local Agency Law.
[1]
Editor's Note: The fee schedule is available in the Township offices.