[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:
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.
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.
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:
A.
The alteration or development of any improved or unimproved real
estate including, but not limited to, dredging, filling, stripping,
grading, paving and/or excavation.
B.
Modifying, disturbing, blocking, diverting or otherwise adversely
affecting the natural overland or subsurface flow of stormwater.
C.
Construction, erection, or installation of any drainage dam, swale,
culvert, drainpipe, bridge or any other structure or obstruction affecting
the drainage of any property.
D.
The possession of a building permit does not preclude the requirement
of obtaining a grading permit.
E.
The possession of a Department of Environmental Protection earth
disturbance permit does not preclude the obtaining of a grading permit.
A.
Earthmoving activities associated with agricultural or horticultural
uses, including the tilling of the soil.
B.
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.
A.
Application for a grading permit shall be made in writing on a form
approved by the Zoning Officer.
B.
Such grading permit shall be granted or refused within 90 days from
the date of application.
C.
Each application for a grading permit shall be accompanied by a plan meeting the requirements of § 212-7.
D.
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.
E.
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.
F.
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.
G.
The permit shall expire after one year from the date of issuance.
A.
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.
B.
Applications for approval of a grading permit shall be made by completing
the application form provided by Manor Township.
C.
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.
