[Ord. 2010-10, 10/4/2010, § 801]
1. The provisions of this chapter are the minimum standards for the
protection of the public welfare.
2. In order to permit the reasonable utilization of property, the Board
of Supervisors, upon obtaining the comments and recommendations of
the Township Engineer, may grant a modification of the requirements
of one or more provisions of this chapter if literal compliance will
result in undue hardship, or be unreasonable, as it is applied to
a particular property, or if the applicant establishes to the satisfaction
of the Board of Supervisors that an alternative proposal will allow
for equal or better results, provided that such modification will
not be contrary to the public interest and fulfills the purpose and
intent of this chapter.
3. The applicant shall make all requests for waivers in writing and include such requests as a part of the application for development. The applicant shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the ordinance involved, and the minimum waiver necessary. The applicant shall state how the requested waiver and applicant's proposal shall result in an equal or better means of complying with the intent of this chapter as stated in Part
1.
4. The Board of Supervisors shall keep a written record of all action
on all waiver requests.
5. In granting waivers, the Board of Supervisors may impose conditions
as will, in its judgment, secure substantially the objectives of the
standards or requirements so modified.
6. The applicant shall address all of the following in its application
for a waiver:
A. Are there existing stormwater problems on downstream properties or
at streets? The applicant shall demonstrate that the requested waiver
shall improve, or not make worse, any such problems.
B. Will the increased peak flows and/or volume of runoff create a problem
to downstream properties or streets? Examples of problems may include,
but are not limited to:
(1)
Increased flooding or ponding on off-site properties or roadways.
(2)
Potential icing conditions.
(3)
Erosive conditions due to increased peak flows or volume.
(5)
Proposed concentrated flows.
(6)
Increased one-hundred-year floodplain levels.
C. Is runoff being diverted to a different watershed to accomplish the
goal of no or minimal increase of peak flow from the site?
[Ord. 2010-10, 10/4/2010, § 802]
The Board of Supervisors may, from time to time, amend this
chapter by appropriate action taken at a scheduled public meeting.
Amendments to the chapter shall be advertised and enacted in accordance
with the Second Class Township Code, 53 P.S. § 65101 et
seq.
[Ord. 2010-10, 10/4/2010, § 803]
1. 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 drainage plan or in violation of the terms or conditions
of a drainage 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.
[Ord. 2010-10, 10/4/2010, § 804; as amended by
A.O.]
1. For each violation of the provisions of this chapter, the 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 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 less than $200 nor 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.
2. The Township may also institute suits to restrain, prevent, or abate
a violation of this chapter in equity or at law. Such proceedings
in equity or at law 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 shall be recoverable
from the violator in such manner as may now or hereafter be provided
by law.
[Ord. 2010-10, 10/4/2010, § 805]
1. Any activity conducted pursuant to a drainage 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 drainage plan that is
identified by the Township Engineer, the Code Enforcement Officer
or his designee 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 drainage 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 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.
[Ord. 2010-10, 10/4/2010, § 806]
Except as specifically provided by Act 167, 32 P.S. § 680.1
et seq., the making of any administrative decision by the Township
or any of its officials 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.
[Ord. 2010-10, 10/4/2010, § 807]
1. Any person aggrieved by any action of a qualified representative
of the Township, may appeal to the Board of Supervisors within 30
days of that action.
2. Any person aggrieved by any action of the Board of Supervisors may
appeal to Monroe County Court of Common Pleas within 30 days of that
action.