[Ord. 2005-1, 3/8/2005, § 1]
Williams Township's topography may be defined as a karst topography
due to the presence of carbonate rock that generally consists of dolomite
and limestone. These formations are susceptible to the development
of solution cavities and sinkhole development. Therefore anyone considering
developing property within the Township be aware of the potential
geological hazards. The regulations contained herein are intended
to minimize the risk of sinkhole occurrence in areas of new development
and on lands adjacent to these developments.
[Ord. 2005-1, 3/8/2005, § 2]
The regulations established by this Part shall apply to all
land development or subdivision applications pertaining to commercial,
governmental (except those owned by Williams Township) and industrial/office
structures, apartment complexes and residential developments.
[Ord. 2005-1, 3/8/2005, § 3]
All single-family homes and the alteration of single-family
homes to include detached structures such as garages, barns and swimming
pools shall be exempt from the regulations established in this section.
[Ord. 2005-1, 3/8/2005, § 4]
Rock types that are affected by dissolution weathering process
caused by slightly acidic groundwater. The most common types of rock
that are categorized as carbonate rock are limestone (calcium carbonate
and dolomite calcium magnesium carbonate).
Interconnected solution features within the bedrock surface.
Fine grained soil that is used in the construction of a liner
that limits the rate of surface water intrusion into the subsurface.
A bowl shaped depression in the land surface characterized
by internal drainage. A ghost lake is a closed depression which has
visible standing water after a heavy rainfall event.
The removal of soluble materials from intact carbonate rock
by slightly acidic groundwater.
A fracture in bedrock along which movement has taken place.
Materials that predominantly consist of silt and clay size
particles.
As defined and regulated by the PADEP or EPA.
A liner system that prohibits the infiltration or surface
water into the subsurface.
The terrain that results from the dissolution of carbonate
rock.
The dissolution of carbonate rock by slightly acidic groundwater.
Aligned topographic features that locate faults and fractures.
Soils derived from the in-place weathering of the underlying
bedrock.
Localized land surface subsidence or collapse due to karst
processes. Sinkholes are categorized as solution sinkholes, collapse
sinkholes and subsidence sinkholes.
Where water flows naturally out of the bedrock or the overlying
soil mantle on to the land surface.
Biological species or chemical compounds which are deemed
to be toxic or hazardous by the Pennsylvania Department of Environmental
Protection.
[Ord. 2005-1, 3/8/2005, § 5]
1.
All of the following specific requirements shall apply to land developments
and/or subdivisions covered by this Part:
A.
No buildings, structures or stormwater management basin shall be
placed in or over the following features if unremediated in accordance
with the terms of this Part. Sinkholes, closed depressions, lineaments
or faults.
B.
Building structures and stormwater management basins shall be located
no closer than 100 feet from the rim of unremediated sinkholes and
no closer than 50 feet from lineaments, faults or closed depressions.
C.
Outflow from a stormwater management basin and/or post development
stormwater flows shall not be directed to any of the following carbonate
features: Sinkholes, closed depressions, lineaments or caverns.
D.
Lagoons containing substances defined as toxic and/or hazardous by
the Pennsylvania Department of Environmental Protection are not permitted.
E.
Storage and handling areas for hazardous materials must have impermeable
surfaces designed to contain materials stores/handled from which they
shall be directed to a predetermined collection point.
2.
The Township Board of Supervisors shall not entertain requests for
waivers from the requirements listed above until a Carbonate Ordinance
Assessment Report, as required by the ordinance, has been supplied
to the Planning Commission and the Township Engineer for their review
and comment.
[Ord. 2005-1, 3/8/2005, § 6]
1.
All land developments and/or subdivisions covered by this Part shall
be evaluated by a licensed professional civil engineer with expertise
in geotechnical engineering or a licensed professional geologist.
Each of said experts being licensed in their field of expertise by
the Commonwealth of Pennsylvania. A list of the engineers/geologist
qualifications shall be submitted to the Township prior to the commencement
of the sites evaluation. The Township reserves the right to reject
any report that in their opinion was authored by an individual or
firm which does not possess the background to properly assess the
site conditions as they relate to this Part. Further the Carbonate
Ordinance Assessment Report submitted to the Township must be signed
by the licensed professional civil engineer with expertise in geotechnical
engineering and/or a licensed professional geologist.
2.
The format and content of the Carbonate Ordinance Assessment Report
shall include, but not be limited to the following:
A.
Statement of Purpose. This section shall indicate those specific
carbonate ordinance standards being addressed in the report and whether
the applicant is attempting to demonstrate compliance or justify noncompliance
with those specific carbonate ordinance standards.
B.
Description of Existing Conditions. This section shall present a
description of existing characteristics of the property with respect
to geology, topography, ground and surface water hydrology, soils,
vegetation and existing improvements and uses of property.
C.
A map, at scale no smaller than one inch equals 100 feet and a contour
interval of two feet indicating the location of the property and all
proposed improvements.
D.
The developer/applicant shall submit information for the effected
properties indicating the presence of any of the following carbonate
features: depressions, fissures, lineaments, faults, ghost lakes,
bedrock, outcrops, sinkholes, seasonal high water levels, soil mottling,
springs, surface drainage entering the ground, disappearing lakes
or streams and caverns.
E.
A recommended plan for the repair or remediation of surface or subsurface
features that may impact the proposed development as well as the adjacent
improved or unimproved properties.
F.
The information requested above shall be based upon previously published
data and field surveys which may include test boring, excavation of
test pits, air-track probes and geophysical methods.
3.
In addition to the Carbonate Ordinance Assessment Report the developer
shall also be required to provide the following information:
A.
A plan indicating the existing and proposed drainage conditions,
locations of all proposed private and public sewage disposal systems,
and the location of existing private and public water supplies on
adjoining properties (within 1,000 feet of applicant property).
B.
Type, location and phasing of proposed site disturbance and construction,
as well as proposed future ownership, utilization and maintenance
of the property and the proposed improvements.
C.
Proposed measures to control potential adverse environmental impacts
on groundwater quality and stormwater management resulting from the
development and utilization of the property.
D.
Plans describing the design and construction of the proposed stormwater
management facilities proposed for the project. A description of the
minimum requirements are outlined below.
[Ord. 2005-1, 3/8/2005, § 7]
1.
All submissions for proposed developments must include a stormwater
management plan prepared in accordance with adopted regulations and
which limits surface water runoff and the intrusion of concentrated
flow of surface water into the subsurface. Facilities that are required
as part of the stormwater management plan include the collection of
all runoff from commercial, office and industrial building roofs into
storm drains by water tight gasketed joint conduits or adequately
lined drainage swales and the collection of surface water flow on
pavements into drop inlets connected to a water tight gasketed joint
stormwater conduit or adequate lined drainage swales. The stormwater
conduit must discharge into lined detention basins.
2.
Approved stormwater conduits include HDPE, PVC, concrete, steel and
cast iron pipe all with water tight rubber gaskets at each joint.
The use of corrugated metal pipe is not permitted. Construction of
the piping system must follow all other applicable ordinances. Where
rock is encountered at or above the planned conduit design grade the
rock shall be undercut and over excavated a minimum of one foot and
backfilled with a compacted fine grained soil.
3.
All detention basins in areas of sinkhole prone soil shall be lined.
The liner used in a detention basin may consist of a clay liner, a
composite synthetic and soil liner or a synthetic liner. The type
of liner required shall depend on the condition of the detention basin
bottom and the probability of sinkhole occurrence resulting from the
construction of the detention basin. The use of low flow channel may
also be required depending on the duration and frequency of stormwater
discharge into the detention basin. Subsurface detention systems must
be in leakproof tanks or piping which follows the same standards as
in F.4.b. The Township Engineer shall make the final determination
as to what is an acceptable form of liner for the proposed detention
basins.
4.
Additional items that must be included in the stormwater management
plan include details with regard to the sealing of all pavement curbs
and gutters, manholes and drop inlets.
[Ord. 2005-1, 3/8/2005, § 8]
1.
The Carbonate Ordinance Assessment Report must be received by the
Township when a plan is submitted at the time of a sketch plan review.
Four copies of the report shall be submitted to the Township. The
report shall be reviewed by the Township Engineer and other consultants
as designated by the Township. Based on this review the Township may
require additional information to be submitted if the Township concludes
that such information would be instrumental in assessing the proposed
development as it relates to this Part.
2.
Approvals Required. Where compliance with this section is required
as part of an application for subdivision or land development approval.
The Township's decision on whether compliance has been achieved shall
be made as part of its review of the subdivision or land development
application.
3.
Where the application is part of a request for zoning permit, the
Zoning Officer shall issue no permit until he/she receives adequate
written substantiation from the appropriate designated experts referred
to above, the terms of this section, and any conditions imposed upon
the use of the property at the time of subdivision or land development
approval are satisfied.
[Ord. 2005-1, 3/8/2005, § 9]
In carbonate areas, alteration and development of land may be
hazardous with respect to foundation safety of structures, the creation
of unstable land as a result of changes in drainage and the contamination
of ground and surface waters. Within the limitations of the information
available at the time of the review of individual applications, the
Township shall attempt to make reasonable judgments as to the applicant's
compliance with this Part. Under no circumstances shall the Township
of Williams or any officer or employee of the Township or consultant
to the Township assume any liability for any damages that may result
from an applicant's or any interested party's reliance upon the regulations
of this Part or any decisions made by the Township in the administration
of such regulations by an applicant, developer and/or any interested
party.
[Ord. 2005-1, 3/8/2005, § 10; as amended by A.O.]
1.
Right of Entry. 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 the stormwater
structures and facilities in regard to any aspect regulated by this
Part.
2.
Notification. In the event that a person fails to comply with the
requirements of this Part, or fails to conform to the requirements
of any permit issued hereunder, the Township shall provide written
notification of the violation. Such notification shall set forth the
nature of the violation(s) and establish a time limit for correction
of these violations(s). Failure to comply within the time specified
shall subject such person to the penalty provision of this Part. All
such penalties shall be deemed cumulative. In addition, the Township
may pursue any and all other remedies. It shall be the responsibility
of the owner of the real property on which any regulated activity
is proposed to occur, is occurring, or has occurred, to comply with
the terms and conditions of this Part.
3.
Enforcement. The Township Board of Supervisors is hereby authorized
and directed to enforce all of the provisions of this Part. All inspections
regarding compliance with the stormwater management site plan shall
be the responsibility of the Township Engineer or other qualified
persons designated by the Township.
A.
A set of design plans approved by the Township shall be on file at
the site throughout the duration of the construction activity. Periodic
inspections may be made by the Township or designee during construction.
B.
Adherence to approved plan. It shall be unlawful for any person, firm or corporation to undertake any activity under § 22-104 on any property except as provided for in the approved stormwater management site plan and pursuant to the requirements of this Part. It shall be unlawful to alter or remove any control structure required by the stormwater management site plan pursuant to this Part or to allow the property to remain in a condition which does not conform to the approved stormwater management site plan.
C.
At the completion of the project, and as a prerequisite for the release
of the performance guarantee, the owner or his representatives shall:
D.
After receipt of the certification by the Township, a final inspection
shall be conducted by the Board of Supervisors or its designee to
certify compliance with this Part.
E.
Prior to revocation or suspension of a permit, the Board of Supervisors
will schedule a hearing to discuss the noncompliance if there is not
immediate danger to life, public health or property.
F.
Suspension and revocation of permits.
(1)
Any permit issued under this Part may be suspended or revoked
by the Board of Supervisors for:
(a)
Noncompliance with or failure to implement any provision of
the permit.
(b)
A violation of any provision of this Part 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
of nuisance, pollution or which endangers the life or property of
others.
(2)
A suspended permit shall be reinstated by the Board of Supervisors
when:
(a)
The Township Engineer or his designee has inspected and approved
the corrosions to the stormwater management and erosion and sediment
pollution control measure(s) or the elimination of the hazard or nuisance.
(b)
The Board of Supervisors is satisfied that the violation of
the ordinance, law, or rule and regulation has been corrected.
(c)
A permit revoked by the Board of Supervisors cannot be reinstated.
The applicant may apply for new permit under the procedures outlined
in this Part.
G.
Occupancy Permit. An occupancy permit shall not be issued unless
the certification of compliance has been secured. The occupancy permit
shall be required for each lot owner and/or developer for all subdivisions
and land development in the Township.
4.
Public Nuisance.
A.
The violation of any provision of this Part is hereby deemed a public
nuisance.
B.
Each day that a violation continues shall constitute a separate violation.
C.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense. The Williams Township Zoning
Officer shall have jurisdiction for the enforcement of this Part.
Each separate offense shall arise for each day or portion thereof
in which a violation was found to exist or for each section of the
part, which is found to have been violated. The Williams Township
Solicitor may assume charge of the prosecution of any action brought
before a magisterial district judge without the consent of the District
Attorney pursuant to Title 53 P.S. § 6601(2), as amended.
D.
In addition, any person found to be in violation of this Part shall
be subject to any and all enforcement provisions contained within
the Stormwater Management Act, Title 32 P.S. § 680.15. This
Part may be enforced by the Township of Williams through an action
in equity brought in the Court of Common Pleas of Northampton County.
(1)
In addition, the Township, though its solicitor, may institute
injunctive, mandamus or any other appropriate action or proceeding
at law or in equity for the enforcement of this Part. 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.
E.
Appeals.
(1)
Any person aggrieved by any action of the municipality or its designee,
relevant to the provisions of this chapter, may appeal to the Township
Zoning Hearing Board within 30 days of that action.
(2)
Any person aggrieved by any decision of the Township Zoning Hearing
Board, relevant to the provisions of this chapter, may appeal to the
County Court of Common Pleas of Northampton County within 30 days
of the Zoning Hearing Board's decision.
