[HISTORY: Adopted by the Board of Supervisors of Manor Township 9-3-1991 by Ord. No. 3-91 (Ch. 9, Part 1, of the 1985 Code of Ordinances). Amendments noted where applicable.]
This chapter shall be known as the "Erosion and Sedimentation Pollution Control Ordinance."
The purposes of this chapter are to regulate the modification of the natural terrain, to control accelerated erosion, the alteration of drainage, and to provide for certain erosion and sedimentation control measures within Manor Township to assure and safeguard health, safety, ecology and the general welfare in Manor Township.
As used in this chapter, the following terms shall have the meaning indicated, unless a different meaning clearly appears from the context:
- ACCELERATED EROSION
- The removal of the surface of the land through the combined action of man's activities and the natural processes, at a rate greater than would occur because of the natural process alone.
- EARTHMOVING ACTIVITY
- A construction or other activity which disturbs the surface of the land including, but not limited to, excavations, embankments, land development, subdivision development, mineral extraction, and the moving, depositing or storing of soil, rock or earth.
- Any earthmoving activity.
- Includes any individual(s), landowner, developer, partnership, unincorporated association, business or corporation.
- Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity, or ice and has come to rest on the earth's surface.
- The process by which sediment is deposited on stream bottoms.
- The Township of Manor.
- A channel of conveyance of surface water having a defined bed and bank, whether natural or artificial, with perennial or intermittent flow.
- WATERS OF THIS TOWNSHIP
- Rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetland, ponds, springs, and other bodies or channels of conveyance of surface water, or parts thereof, whether natural or artificial, within or on the boundaries of the Township.
A grading permit shall be required prior to:
The alteration or development of any improved or unimproved real estate including, but not limited to, dredging, filling, stripping, grading, paving and/or excavation.
Modifying, disturbing, blocking, diverting or otherwise adversely affecting the natural overland or subsurface flow of stormwater.
Construction, erection, or installation of any drainage dam, swale, culvert, drainpipe, bridge or any other structure or obstruction affecting the drainage of any property.
The possession of a building permit does not preclude the requirement of obtaining a grading permit.
The possession of a Department of Environmental Protection earth disturbance permit does not preclude the obtaining of a grading permit.
Earthmoving activities associated with agricultural or horticultural uses, including the tilling of the soil.
Improvements, such as erection of retaining walls, driveway paving, minor regrading or activities on property which do not adversely affect the natural overland or subsurface flow of stormwater, drainage of any premises, or adversely disturb the landscape, in a gross area of up to 1,000 square feet on any one property.
Application for a grading permit shall be made in writing on a form approved by the Zoning Officer.
Such grading permit shall be granted or refused within 90 days from the date of application.
Each application for a grading permit shall be accompanied by a plan meeting the requirements of § 212-7.
No grading permit shall be issued until the applicant has obtained all other applicable state and local permits and a copy thereof is provided to the Zoning Officer.
The Township may revoke a permit or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application or on the plans in which the permit or approval was based, or in the event that the grading and earthmoving activity is not in conformity with the application or plans.
In the event that any grading permit is refused, it must be in writing containing a brief explanation setting forth the reasons for said disapproval and the manner in which the application can be corrected and/or modified to obtain the required approval.
The permit shall expire after one year from the date of issuance.
Prior to the approval of any grading permit, an erosion and sedimentation control plan must be submitted to Manor Township. This requirement will be waived upon receipt of a copy of a Department of Environmental Protection earth disturbance permit. An erosion and sedimentation control plan shall be developed in accordance with the Department of Environmental Protection, Chapter 102, Regulations, as amended.
Applications for approval of a grading permit shall be made by completing the application form provided by Manor Township.
The fees for the issuance of a grading permit shall be as set forth from time to time by Manor Township by resolution.
The Township and the Lancaster County Conservation District are hereby authorized and directed to conduct both routine and emergency site inspections of ongoing earthmoving operations within the boundaries of Manor Township to establish compliance with the approved erosion and sedimentation control plan.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
In addition to the penalties specified herein, in the event that any person violates any of the provision of this chapter, the Township may institute in the name of the municipality any appropriate action to prevent, restrain, correct, or abate such violation.