Part Ten - Streets, Utilities and Public Services Code

Title Two - Street and Sidewalk Areas

Chap. 1020. Sidewalks, Curbs and Gutters.

Chap. 1022. Excavations.

Title Four - Utilities

Chap. 1040. Water.

Chap. 1042. Sewers.

Chap. 1044. Stormwater Management.

Chap. 1046. Gas.

Chap. 1048. Electricity.

Chap. 1050. Utility Poles.

Title Six - Other Public Services

Chap. 1060. Garbage and Rubbish Collection and Disposal.

Chap. 1062. County-Wide Solid Waste Management Plan.

Chap. 1063. Park Regulations Generally.

Chap. 1064. Linwood Municipal Park.

Chap. 1066. Linwood Youth Center.

Chap. 1068. Fiumara Community Building.

 

CHAPTER 1020 - Sidewalks, Curbs and Gutters

1020.01 Grading, paving, curbs and gutters required.

1020.02 Repair and maintenance of sidewalks.

1020.03 Nonconforming sidewalks, curbs and gutters; notice to correct.

1020.04 Character of notice; service.

1020.05 Construction materials and specifications.

1020.06 Construction standards.

1020.07 Width of sidewalks; unpaved portions.

1020.08 Permit required; establishment of line and grades; certificate of compliance; fee; effective period.

1020.09 Remedy of township upon owner's failure to grade, pave or repair sidewalks, curbs or gutters.

1020.10 Application of chapter to out-of-repair sidewalks, curbs and gutters.

1020.11 Encroachments.

1020.99 Penalty.

    CROSS REFERENCES

    Skateboards, all-terrain vehicles and motorized go-carts on sidewalks - see TRAF. 430.08

    Driving over sidewalks - see TRAF. 440.02

    Snow and ice on sidewalks - see GEN. OFF. 674.04

    Regulation of businesses where vehicles extend onto sidewalks and streets - see B.R. & T. 802.02

1020.01 GRADING, PAVING, CURBS AND GUTTERS REQUIRED.

Every person owning ground fronting or abutting upon any street in the Township, which is or shall be brought to the established grade, shall grade and pave the ground and construct curbs and gutters at the edge of sidewalks, in accordance with the provisions of this chapter, and with the established lines and grades to be furnished by the Township Engineer, within thirty days after receiving the notice provided for in Section 1020.04 or after service of such a notice as hereinafter provided.

(Ord. 186. Passed 5-24-35.)

1020.02 REPAIR AND MAINTENANCE OF SIDEWALKS.

It shall be the duty of all owners of ground fronting or abutting on any street in the Township to keep their sidewalks in good repair and passable condition, whether such sidewalks are at the established grade or not, and when notified to do so they shall make all necessary repairs within thirty days after receipt of a notice as is required by Section 1020.04 or after the service of such a notice as hereinafter provided. When sidewalks are in a dangerous condition, they shall be temporarily repaired and rendered safe within twenty-four hours after the receipt of a notice to that effect, or after service of such a notice as hereinafter provided, which notice shall be signed by any member of the Highway Committee of the Board of Commissioners. Upon failure of the owner or owners to comply with the notice, the said Committee shall have the necessary temporary repairs made and the proper Township authorities shall collect the cost of the work and the materials from the owner or owners of such ground as such claims are by law recoverable.

(Ord. 186. Passed 5-24-35.)

1020.03 NONCONFORMING SIDEWALKS, CURBS AND GUTTERS; NOTICE TO CORRECT.

When any street is or shall be brought to the established grade, and it is found that the sidewalks, curbs and gutters already constructed do not conform to the established grade or width, or with the requirements of this chapter, it shall be the duty of the owner or owners of the ground fronting or abutting on such sidewalk to repair such sidewalks, curbs and gutters in accordance with the proper lines and grades and with the provisions of this chapter, within thirty days after the receipt of a notice to that effect, or after service of such notice as hereinafter provided.

(Ord. 186. Passed 5-24-35.)

1020.04 CHARACTER OF NOTICE; SERVICE.

All notices directing and requiring the grading, paving, correcting or repairing of sidewalks, or the construction, correcting or repairing of curbs and gutters at the edge of sidewalks, shall be printed or written, and shall specify the width to be paved and the location of such proposed sidewalk, and shall be served upon the owner of ground and premises of which such notice refers by leaving the same at his or her place of residence, or if he or she has no residence in the Township, then by posting the same on the premises and mailing a copy thereof to the owner at his or her last known address.

(Ord. 186. Passed 5-24-35.)

1020.05 CONSTRUCTION MATERIALS AND SPECIFICATIONS.

(a) Materials. The paving and/or repaving, curbing and/or recurbing, guttering and/or reguttering, shall be constructed of such cement-concrete material, or of such other material, as shall meet with the approval of the Township Board.

(b) Stone Curbs. This type of curbing shall consist of granite or other approved stone. It shall be not less than five inches in width at the top, not less than twenty-two inches in depth, and not more than eight feet, nor less than four feet, in length. The bottom of the stone curb preferably should be two inches wider than the top. The top surface shall be tool-dressed and with a quarter-inch bevel. The ends of the curb shall be cut square for the full depth and width of the stone. The front face of the curb shall be tool-dressed to a point not less than eight inches below the top, and the back face shall be tool-dressed to not less than three inches below the top. All curved curbing where the radius exceeds five feet shall be cut and dressed as specified for straight stone curbing, except that the width at the top shall be six inches, the width at the bottom eight inches, and the back face vertical and the front face on a batter. All stone curb radii under five feet shall be cut as a corner stone where the top and front faces only shall be tool-dressed as specified for straight curbing. All joints on stone curbing shall be true and straight and not exceeding one-quarter inch in width for a distance of twelve inches below the top, and may be wider from this point to the bottom. All joints shall be filled and pointed with a stiff mortar composed of one part of Portland cement and two parts of approved sand. When indicated or directed, drainage openings shall be made through the stone curbing at the elevation and of the size required. Any curbing required crossing the entrance to an alley, driveway or private entranceway shall have the top finished two inches above the outside edge or gutter line of the finished roadway pavement.

(c) Cement-Concrete Curbs. These shall be of monolithic construction with a width of six inches at the top and eight inches at the bottom, and with a depth of twenty inches, and with no section exceeding ten feet in length. The back face shall be vertical. Any curbing required crossing the entrance to an alley, driveway or private entranceway shall have the top finished two inches above the outside edge of the gutter line of the finished roadway pavement. When indicated or directed, drainage openings shall be made through the cement-concrete curb at the elevation and of the size required. The proportion of Portland cement, clean sharp sand and three-quarter inch pebbles or stone used in the curbing shall be 1:2:4, volumetric measuring. When the temperature of the air falls below forty degrees Fahrenheit, calcium chloride must be added to the mix to insure quick set-up. Its use shall be a proportion not exceeding four percent of the cement used. All curb corners shall be circular and have a radius equal to the least width of the sidewalk area of the intersecting streets.

(d) Excavation for Curb Subgrade. Excavation for curb subgrade shall be at a point not less than twenty inches from the top of the finished curb, unless otherwise specified by the Township Engineer, in which case it may be required that this excavation be increased a further depth of four inches and refilled with a tamped layer of stone, gravel or cinders, due to unsuitable conditions. Backfilling around all curbing construction shall be hand-tamped and grass plots and other adjacent areas shall be brought to a level not lower than the top of the curbs.

(e) Curb Forms. These shall be of such material and type as will meet with the approval of the Township Engineer.

(f) Mixing of Cement-Concrete for Curbs. The cement-concrete may be mixed upon the site in such manner and by such method as shall meet with the approval of the Township Engineer, or may be delivered on the job from a central mixing plant, if the Engineer so approves.

(g) Excavations for Sidewalks. The subgrade shall be excavated to a depth of four inches below and parallel with the top of the finished pavement and well compacted. If, after excavation, the subgrade is found to be of unsuitable material, then the Township Engineer may, at his of her discretion, require additional excavation to a depth of not less than four inches, and its replacement with cinders well compacted.

(h) Cement-Concrete for Sidewalks. The ingredients for cement-concrete for sidewalks shall be of the same proportions as provided for curbs. The concrete may be job mixed or supplied from a central mixing plant, and each block of sidewalk shall be jointed not less than every four feet, with every fourth joint opened to the subgrade and sandfilled upon withdrawal of the forms and templets. At street corners the sidewalk tangent shall be extended each way across grass plots to the curved curb. All sidewalks shall have a slope of one-quarter inch per foot toward the curb. All sidewalks shall be of monolithic construction.

(i) Driveways. All private driveways constructed across the sidewalk area shall have the finished grade meet the finished grade of the sidewalk with the ramp or approach beginning two inches above the gutter line of the roadway pavement and terminating at the edge of the sidewalk closest to the curb. Curb returns are not required for this type of driveway approach.

(j) Gutters. Cement-concrete gutters shall be six inches in depth, twenty inches in width and jointed where possible every ten feet. These shall be constructed separately from the curbs, and the curb surface contacting the gutter depth shall have a coat of asphalt paint prior to placement of cement-concrete in the gutter. The proportions of cement-concrete shall be one part of Portland cement, two parts of clean sharp sand and three and one-half parts of clean three-quarter inch commercial stone or pebbles.

(Ord. 186. Passed 5-24-35.)

1020.06 CONSTRUCTION STANDARDS.

Excavating, laying, construction, form work, jointing and finishing of all curbs, sidewalks, driveways and gutters shall be according to the best practice and methods and in every case such as will meet with the approval of the Township Engineer. Every provision separately noted for curbs, sidewalks, driveways and gutters, and applying under each or another classification, shall be with as full force and effect as if set out at length in each such classification of curbs, sidewalks, driveways and gutters. Any materials, practices and methods to be employed in these classifications and not now contemplated in these specifications may be put into effect or regulated by the Township Engineer.

(Ord. 186. Passed 5-24-35.)

1020.07 WIDTH OF SIDEWALKS; UNPAVED PORTIONS.

The paved width of all sidewalks in the Township shall be not less than four feet. The width of the paved portion of the sidewalk area and the location thereof shall be as directed by resolution of the Board of Commissioners, and those parts not occupied by the paving shall be brought to the proper Township grade and consist of a grass plot, the grass for the entire width to be regulated at a height of not to exceed four inches.

(Ord. 186. Passed 5-24-35.)

1020.08 PERMIT REQUIRED; ESTABLISHMENT OF LINES AND GRADES; CERTIFICATE OF COMPLIANCE; FEE; EFFECTIVE PERIOD.

No sidewalk shall be constructed or reconstructed, or any grading, paving or repaving done to the same, and no gutters or curbs shall be constructed or corrected, until the owner or owners of the ground, or the person having charge of the work, shall first have obtained a permit for the same from the Secretary of the Board of Commissioners. The permit shall be placed, by the party applying for the same, in the hands of the Township Engineer, who shall furnish the said person with the established lines and grades, for which services he or she shall receive his or her proper charge from the Board of Commissioners.

When the work set forth in the said permit has been fully completed, a certificate that the work has been properly done, and that the plans, regulations, requirements and ordinances of the Township have been complied with, shall be procured from the Township Engineer by the party applying for the above-mentioned permit, and endorsed on the permit, and returned to the Secretary of the Board of Commissioners, provided that if, in the judgment of the Township Engineer, such construction or reconstruction, grading, paving, repairing or repaving of any sidewalk shall be inexpedient or dangerous because of the existing grade of the street or of the contiguous sidewalk, such permit shall not be issued, or if issued shall be canceled by the Township Engineer, and the fee therefor returned to the applicant. The cost of each permit shall be thirty-five dollars ($35.00), which shall be paid into the Township Treasury for the use of the Township. No permit shall be valid after sixty days from the date of issue.

1020.09 REMEDY OF TOWNSHIP UPON OWNER'S FAILURE TO GRADE, PAVE OR REPAIR SIDEWALKS, CURBS OR GUTTERS.

If any person shall neglect or refuse to grade, pave, repave or repair any sidewalk, or to construct, correct or repair any curb, or to keep the same in repair, pursuant to notice given as above mentioned, for a period of thirty days after the receipt of such notice, or service of the same as hereinbefore provided, the Township Board of Commissioners shall forthwith cause such grading, paving, repaving and repairing of sidewalks, and such constructing, correcting and repairing of curbs and gutters, to be done by contract, and the proper Township authorities shall collect the cost of the same and in addition may collect a penalty of ten percent from the owner or owners of such property by action in assumpsit or by filing a Municipal lien against the property.

(Ord. 186. Passed 5-24-35.)

1020.10 APPLICATION OF CHAPTER TO OUT-OF-REPAIR SIDEWALKS, CURBS AND GUTTERS.

Whenever any sidewalk, curb or gutter shall be out of repair, like proceedings shall in all respects, and like recovery of the cost of such repairs shall be had from the owner or owners of the ground abutting thereon, as are hereinbefore provided for in the case of grading, paving, repaving, repairing, curbing and guttering.

(Ord. 186. Passed 5-24-35.)

1020.11 ENCROACHMENTS.

No owner of any property shall place, allow or maintain any encroachment upon the sidewalk fronting or abutting on such property, such as a porch, extension, step, railing, fence or hedge or an excavation for a basement, cellar window or cellar door, unless provided with protecting grating, or place or allow any awning, sign or branch of a tree at less than a clear height of nine feet above any sidewalk. However, in the case of young trees, the branches thereof under nine feet shall be permitted to extend over the sidewalk curb line.

(Ord. 186. Passed 5-24-35.)

1020.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 of the Administration Code for the general Code penalty if no specific penalty is provided.)


CHAPTER 1022 - Excavations

1022.01 Permit required.

1022.02 Permit application; surety bond.

1022.03 Permit fees.

1022.04 Barricades and warning lights.

1022.05 Surface restoration.

1022.06 Compliance required; expense of work.

1022.07 Inspections.

1022.08 Payment of charges.

1022.09 Emergency excavations.

1022.99 Penalty.

    CROSS REFERENCES

    Power to lay out, open, widen, vacate, etc., streets and highways - see 1st Class § 2005

    Opening and repairing roads - see 1st Class § 2013

    Road material, ditches, drains and watercourses - see 1st Class §§ 2065 et seq.

    Excavations generally - see GEN. OFF. 674.11(b)(5)

    Excavations for curb subgrade - see S.U. & P.S. 1020.05(d)

    Excavations for sidewalks - see S.U. & P.S. 1020.05(g)

    Excavations for topsoil, sand and gravel removal - see B. & H. 1478.04

1022.01 PERMIT REQUIRED.

No person shall open or excavate any street, sidewalk, curb or highway in the Township of Lower Chichester without first obtaining a permit therefor from the Township Secretary.

(Ord. 427. Passed 8-17-70.)

1022.02 PERMIT APPLICATION; SURETY BOND.

Any person who shall desire to make any opening or excavation in any of the streets, sidewalks, curbs or highways in the Township shall make application to the Township Secretary, in writing, stating the purpose. Such application shall set forth the name of the applicant, the exact location of the proposed opening or excavation, and the approximate size or depth thereof, and shall contain an agreement on the part of the applicant that the work shall be done in full compliance with the ordinances and regulations of the Township, and that the applicant shall well and truly save, defend and keep harmless the Township from, and indemnify it against, any and all actions, suits, demands, payments, costs and charges for or by reason of the proposed opening or excavation, and all damage to persons or property resulting in any manner therefrom, or occurring in the prosecution of the work connected therewith, or from any other matter, cause or thing relating thereto.

(Ord. 427. Passed 8-17-70.)

1022.03 PERMIT FEES.

Before any permit shall be issued, the applicant shall pay to the Township Secretary a fee as follows:

(a) For issuance of a street or highway permit:

  (1) For any street opening, the minimum fee shall be fifty dollars ($50.00);

  (2) For any street opening exceeding eight square feet, but not more than thirty-two square feet, the fee shall be one hundred dollars ($100.00);

  (3) For a continuous opening not exceeding fifteen linear feet, the fee shall be one hundred dollars ($100.00);

  (4) For each additional linear foot, the fee shall be five dollars ($5.00);

  (5) For a curb, the fee shall be fifty dollars ($50.00). For up to twenty linear feet, there shall be an additional fee of three dollars ($3.00) per foot.

(b) For issuance of a permit in the sidewalk area, the fee shall be thirty-five dollars ($35.00).

(c) For any opening in the grass area between the curb and sidewalk area for the purpose of installing water mains, gas mains, electric lines, cable television or any other utility, the permit fee shall be fifty dollars ($50.00) for the first fifty feet and one dollar ($1.00) for each additional foot.

(Ord. 91-12. Passed 12-16-91.)

1022.04 BARRICADES AND WARNING LIGHTS.

Any applicant who shall make an opening or excavation shall at all times until completion of the work provide for the barricading of the area and shall provide adequate lighting during the hours of dusk and dark.

(Ord. 427. Passed 8-17-70.)

1022.05 SURFACE RESTORATION.

Any person making an opening or excavation shall promptly and completely refill the opening or excavation, puddling and ramming to prevent settling, and shall restore the surface to the same condition as it was before the opening or excavation, and such opening or excavation and the restoration thereof shall be in accordance with the terms of this chapter and with regulations which have been and shall be adopted from time to time by resolution of the Township Board of Commissioners, a copy of which regulations shall be given to each applicant at the time of making application for a permit hereunder. Such regulations are hereby adopted as specifications of the Township for restoration of surfaces, and, as restored, the surface shall conform to the proper grade and be of the same surface covering as the area immediately adjoining the opening or excavation. If, within three years after the restoration of the surface as herein provided, defects shall appear therein resulting from defective backfilling or resurfacing, the applicant shall reimburse the Township for the cost of all necessary repairs to the permanent paving or curbing.

(Ord. 427. Passed 8-17-70.)

1022.06 COMPLIANCE REQUIRED; EXPENSE OF WORK.

All other work performed in connection with openings in any street, including excavation, protection, refilling and temporary paving, shall be done by the applicant at his or her expense, and all such work shall be subject to the provisions of this chapter and the regulations pertaining thereto and to the supervision and approval of the Board of Commissioners or its designee.

1022.07 INSPECTIONS.

The Board of Commissioners or its designee shall have the authority and the duty to inspect any and all openings or excavations to determine that a permit has been issued, that the opening or excavation complies with the application and that the opening or excavation, the backfilling, and the resurfacing thereof, have been done in accordance with the terms of this chapter and the regulations pertaining thereto.

1022.08 PAYMENT OF CHARGES.

Payment for all work done by the Township shall be made by the person liable therefor under the provisions of this chapter within thirty days after a bill therefor is sent to such person by the Township. Upon failure to pay such charges within such time, the same shall be collectible by the Township in the manner provided by law for the collection of Municipal claims.

(Ord. 427. Passed 8-17-70.)

1022.09 EMERGENCY EXCAVATIONS.

Any street that has been repaved shall not be excavated for a period of five years unless in a case of emergency, which emergency and reasons for the same must be presented to the Township for approval.

(Ordp 91-12. Passed 12-16-91.)

1022.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 of the Administration Code for general Code penalty if no specific penalty is provided.)

Whoever violates Section 1022.09 shall be fined not less than one hundred fifty dollars ($150.00), nor more than the amount provided in Section 202.99 of the Administration Code, and imprisoned not more than ten days, or both.

(Ord. 91-12. Passed 12-16-91.)

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Title Four - Utilities


CHAPTER 1040 - Water

1040.01 Water conservation.

1040.99 Penalty.

    CROSS REFERENCES

    Creation of water districts - see 1st Class § 1502-XV

    Revolving fund for construction of water lines - see 1st Class §§ 2601, 2602

    Water supply and waterworks - see 1st Class Art. XXVII

    Stagnant water - see GEN. OFF. 674.09, 674.11(b)(5)

    Wells - see GEN. OFF. 674.11(b)(4)

1040.01 WATER CONSERVATION.

(a) General Policy. No water shall be provided for internal or external use to any residential, commercial, industrial, agricultural, recreational, governmental or public building or structure of any kind which is constructed or remodeled and in which plumbing, water piping or water fixtures are to be installed, extended or altered in any way, and for which construction a permit is required to be obtained from Lower Chichester Township (or would be required but for an exemption from the permit requirement for public or governmental agencies), unless the new, extended or altered plumbing, water piping or other water-using fixtures therein conform to the requirements and standards of subsection (b) hereof. The provisions of this section shall apply to any building or structure for which such a building permit is issued, or would otherwise be required to be issued, but for such an exemption, on or after the effective date of this section (Ordinance 92-14, passed April 20, 1992).

(b) Water Conservation Performance Standards for Plumbing Fixtures and Fittings.

  (1) Article 1 - Water Closets and Associated Flushing Mechanisms.

The water consumption of water closets shall not exceed an average of 1.6 gallons per flush cycle over a range of test pressures from 20 to 80 psi. The fixture shall perform in accordance with the test requirements of ANSI A112.19.2M and ANSI A112.19.6M.

  (2) Article 2 - Urinals and Associated Flushing Mechanisms.

Urinal water consumption shall not exceed an average of 1.5 gallons per flush cycle over a range of test pressures from 20 to 80 psi. The fixtures shall perform in accordance with the test requirements of ANSI A112.19.2M and ANSI A112.19.6M.

  (3) Article 3 - Showerheads.

Showerhead discharge rates shall not exceed 3.0 gallons of water per minute over a range of test pressures from 20 to 80 psi. The fixture shall perform in accordance with the test requirements of ANSI A112.18.1M.

  (4) Article 4 - Faucets.

Sink and lavatory faucet discharge rates shall not exceed 3.0 gallons of water per minute over a range of test pressures from 20 to 80 psi. The fixture shall perform in accordance with the test requirements of ANSI A112.18.1M.

(c) Special Provisions.

  (1) Article 1 - Special Purpose Equipment.

The performance standards of subsection (b) hereof shall not apply to fixtures and fittings such as emergency showers, aspirator faucets and blowout fixtures that, in order to perform a specialized function, cannot meet the specified standards.

  (2) Article 2 - Exemptions.

Any person may apply to Lower Chichester Township for an exemption from the terms of this section, which exemption may be granted by the Board of Commissioners upon proof that some other device, system or procedure will save as much or more water as those set forth herein, or that those set forth herein cannot be complied with without undue hardship.

(d) Modification of Standards.

The Board of Commissioners may, from time to time, modify, add to, or remove from, the standards and restrictions herein.

(Ord. 92-14. Passed 4-20-92.)


1040.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 of the Administration Code for general Code penalty if no specific penalty is provided.)


CHAPTER 1042 - Sewers

1042.01 Establishment of system; construction; extensions; injury.

1042.02 Connections required; connection by Township; costs.

1042.03 Assessments.

1042.04 Deposits of garbage, etc., into sanitary system; responsibility of owners and occupants; violations; authority of Board of Commissioners.

1042.05 Discharge of storm water into sanitary sewers.

1042.06 Annual sewer rental charge; exemption.

1042.07 Wastewater treatment.

    CROSS REFERENCES

    Sewers and drains - see 1st Class §§ 2401 et seq.

    Collection by installment of cost of street, curb, sidewalk and sewer improvements - see 1st Class Art. XXV

    Revolving fund for street and sewer improvements - see 1st Class Art. XXVI

    Denial of building permit because of delinquent or unpaid sewer rentals - see B. & H.
1442.025

    Denial of use and occupancy or registration permits because of delinquent or unpaid sewer charges - see B. & H.
1444.09

    Denial of certificate of occupancy because of delinquent or unpaid sewer taxes - see B. & H.
1446.09

    Sewers in flood hazard areas - see B. & H. 1466.24(j)

1042.01 ESTABLISHMENT OF SYSTEM; CONSTRUCTION; EXTENSIONS; INJURY.

(a) A system of sewers and drainage is hereby established and ordained to be constructed for the Township for the purpose of disposing of domestic drainage and sewage by disposal plants, or by a direct line of sewers to tidewater, or by incineration, or by any other form of disposal that the Board of Commissioners may hereafter set forth. The location of the sewers for that purpose shall be along and within the lines, as far as practicable, of the public roads of the Township within the territory designated as shown upon a plan or map filed this day in the office of the Board of Commissioners, which plan is hereby made a part of this chapter by reference.

(b) The Committee on Sewers and Drainage is hereby directed to cause to be prepared detailed specifications for the construction of said system of sewers, and thereupon to advertise for proposals for the construction of the same, or for any specified parts or sections thereof upon said specifications, and subject to such conditions as the Committee may prescribe, provided that it may be stipulated that the construction of said sewers shall in all particulars, both as to material and workmanship, be subject to the inspection and approval of an engineer to be appointed by the Board, and further provided that it shall be stipulated that the Board reserves the right to reject any and all proposals. The Committee shall submit to the Board all the proposals received and shall also submit a recommendation as to which of the proposals should, in the judgment of the Committee, be accepted.

(c) The advertisement provided for in this section shall be inserted in at least one newspaper of general circulation in the City of Philadelphia, and in such other newspapers as the Committee may select, and the expenses of said advertisement shall be paid by the Township Treasurer on the order of the Committee certifying to the correctness of the bills for the same.

(d) The system of sewers and drainage hereby established and designated on the maps or plans, which are hereby made a part of this chapter, shall be laid, as far as practicable, along and within the lines of the public roads of the Township as on said plans designated, and where such system diverges from such public roads, as shown on the plans, and passes through private property, the consent of the owners of such private property shall be first obtained if possible, and if not, such sewerage system shall be constructed through private property after providing for compensation in accordance with the Act of Assembly in such case made and provided.

(e) The extension of the system of sewers and drainage, hereby established, so as to cover additional portions of the Township, shall be hereafter, from time to time, adopted and approved by the Board of Township Commissioners, and when such extensions and additions have been thus approved and ordained, the same shall become a part of the system of sewers and drainage hereby established.

(f) No person shall injure, break or remove any portion of a sewer, pipe or inlet or other property belonging to the sewer and drainage system, or obstruct the mouth of any sewer or drain connection with a sewer, or interfere with the work of construction of said sewer and drainage system, or injure any of the material during construction or after completion.

(g) Provision for the construction of a system of sewers and drainage, hereby established, shall be fixed hereafter by ordinance or contract, and the same also shall be done for the disposal of the sewage and drainage collected within the Township, or for carrying the same beyond the limits thereof, as hereafter shall be determined.

(Ord. 19. Passed 6-6-16.)

1042.02 CONNECTIONS REQUIRED; CONNECTION BY TOWNSHIP; COSTS.

(a) Whenever any sewer of the Township is completed and ready for use by the public, it shall be the duty of every owner of land abutting on the street, road, alley or highway in which the sewer has been laid to connect with said sewer all buildings on his or her land requiring drainage, and the drain from said buildings shall be cast into said sewer.

(b) If any owner of said land fails, neglects or refuses for thirty days to connect his or her building with said sewer as provided in subsection (a) hereof after notice to do so from the Clerk of the Township Commissioners has been served upon him or her personally or left upon the premises with an adult member of the family residing therein, the said Township may cause the said connection to be made and the costs thereof to be collected from the said owner or from the said property as provided by law. Said remedy shall be in addition to the penalty provided in Section 1042.99.

(Ord. 108. Passed 7-2-20.)

1042.03 ASSESSMENTS.

(a) Allocation of Charges. Each lot abutting on a Township sewer shall be charged with its due share of the cost of such sewer reckoned in proportion to its frontage thereon, provided that:

  (1) Any lot which abuts on two sewers shall be allowed an exemption on 150 feet on one or the other of said sewers.

  (2) No charge shall be made against property when the physical conditions are such that, in the judgment of the Committee on Health and Drainage, the sewer cannot be made available for carrying off domestic drainage therefrom.

(b) Calculation. The Committee on Health and Drainage shall cause a calculation of such assessments to be made and a schedule therefor to be prepared, giving the total length of the sewer in feet, and the total cost thereof, the frontage of each lot abutting on the sewer and the amount of the assessment charged thereon, and the name of the owner of such lot, which schedule shall be certified by the chairperson of the said Committee and filed with the Township Secretary as soon as conveniently may be done after the construction of the sewer.

(c) Collection. The said assessment shall be collected in the manner provided by existing Township law, and Municipal liens shall be filed in the name of the Township against all properties on which the assessments shall not be duly paid as required by law.

(d) Charge for Future Connections. If at any time it shall be the desire of any property owner to connect with the sewer a property which has been exempted from charge for such sewer under the provisions of subsection (a) hereof, he or she shall pay such charge, not exceeding the full frontage charge, as shall be determined by the Committee on Health and Drainage.

(e) Payment. The owner of any lot or piece of ground charged with an assessment under any of the provisions of this section shall have the privilege of paying the said assessment in ten equal annual installments to be paid within sixty days from the date of the bills sent out for the same, provided that notice of intention to exercise such option shall be given on a blank to be prepared by the Committee on Health and Drainage, which may contain such stipulation as said Committee shall require, which notice shall be filed with the Township Treasurer at the time of paying the first installment, and provided further that in every such case a Municipal lien shall be filed for so much of the assessment as remains unpaid.

1042.04 DEPOSITS OF GARBAGE, ETC., INTO SANITARY SYSTEM; RESPONSIBILITY OF OWNERS AND OCCUPANTS; VIOLATIONS; AUTHORITY OF BOARD OF COMMISSIONERS.

(a) No garbage or kitchen or household refuse, whether whole, ground, chopped or otherwise processed or treated, shall hereafter be emptied into, nor permitted to enter, the Lower Chichester Township sanitary sewer system, nor any laterals thereof, nor any plumbing system connected therewith, unless permitted by resolution of the Board of Health.

(b) Consideration shall be given by the Board of Health to owners and occupiers of buildings where such refuse has heretofore emptied into said sewer system my means of electric disposal units.

(c) The owner, tenant, occupier or possessor of any building with plumbing connected to the Lower Chichester sanitary sewer shall be responsible for the use of said plumbing and sewerage connections.

(d) Upon conviction of anyone for any prohibited use of the plumbing in any building connected with the sanitary sewer system, the Board of Commissioners shall have the power, upon five days notice to the owner, tenant, occupier or possessor of said building, to enter said building and disconnect any fixture used in connection with said prohibited use, and the cost of said disconnection shall be paid by the owner, tenant, occupier or possessor of said building. Such remedy shall be in addition to the penalty provided in Section 1042.99.

(Ord. 294. Passed 7-18-55.)

1042.05 DISCHARGE OF STORM WATER INTO SANITARY SEWERS.

No owner, tenant or occupier of a building, or structure or premises shall cause or permit any surface drain or storm water to enter the sanitary sewer lines or system of the Township or any part thereof.

(Ord. 324. Passed 3-16-59.)

1042.06 ANNUAL SEWER RENTAL CHARGE; EXEMPTION.

(a) For the year beginning March 16, 1959, and each calendar year thereafter, there is hereby imposed an annual rental or charge upon the owners of all properties in the Townships of Lower Chichester and Upper Chichester served, or to be served, for the use of the sewers, the sewer system and a sewage treatment plant, and for the use of extensions thereof.

(b) The total amount of annual sewer rental or charge shall be a sum sufficient to pay the following:

  (1) The amount expended annually in the operation, maintenance, repair, alteration, inspection, depreciation or other expense in relation to such sewers, sewer system, pumping station or sewage treatment works.

  (2) Such annual amount as may be necessary to provide for the amortization of the indebtedness incurred or of the nondebt revenue bonds or other bonds issued by the Township in the construction or acquisition of such sewer, sewerage system or sewage treatment works, and interest thereon, in order that said improvement may become self-liquidating, or as may be sufficient to pay the amount agreed to be paid annually under the terms of any contract with any authority or municipality furnishing sewage disposal or treatment services to the Township.

  (3) An amount sufficient to establish a margin of safety of ten percent.

(c) The annual sewer rental rate shall be on a unit basis, the amount or rate per unit to be determined by dividing the total amount of rental, as provided in subsection (b) hereof, by the number of units in the Township. The Board of Township Commissioners shall annually adopt an ordinance which shall compute the total amount of rental to be collected, the total number of sewer rental units in the Township and the amount or rate per sewer rental unit to be charged for the ensuing year.

(d) The sewer rental for each dwelling unit connected directly or indirectly to the Township sewer system shall be at the rate of one unit per year. Buildings containing more than one dwelling unit shall be charged for each of such dwelling units and the total of such charges for the building shall be the aggregate of the numbers of dwelling units therein at the rate of one unit per dwelling unit.

In cases of use and occupancy of buildings or parts of buildings for purposes other than dwellings, the number of units shall be computed by the Board of Commissioner so that such establishments shall pay a sewer rental substantially proportionate to the rental charged for dwelling units. The minimum annual charge for sewer rental shall be not less than the rate for one unit for each establishment. In all cases where connection to the sewer system is made after January 1 of the current or any other year, the rental or charge shall be apportionable into quarters, and the property owner shall pay for the current and for all succeeding quarters.

In all cases in which the above rates are not exactly applicable, the Board of Commissioner shall fix applicable rats with the same force and effect as if set forth herein.

(e) The Township Tax Collector is hereby designated as the collector of sewer rentals for the Township of Lower Chichester. On or before June 1 of each year, the Board of Commissioners shall execute a warrant authorizing the Tax Collector to collect the sewer rental and shall certify to the Tax Collector the number of sewer rental units and the amount of sewer rental to be collected from the owner of each property connected to the Township sewer system. The Tax Collector shall give notice of such sewer rental charges to respective property owners on the regular Township tax bill.

All payments of sewer rental shall be subject to the same discount and penalty as applicable to the Township real estate tax for the ensuing year. The Tax Collector shall make a monthly report on or before the tenth day of each month, to the Board of Commissioners, of all amount collected by him or her and shall remit all such collections from the preceding month to the Township Treasurer, with said report. The compensation of the Tax Collector, and the Collector's bond for the collection of the sewer rental charges, shall be fixed by ordinance annually.

All sewer rentals or charges not paid on or before the first Monday of May of the following year, shall be deemed to be delinquent, and the Tax Collector shall file with the Board of Commissioners a complete list of all unpaid sewer rentals or charges and it shall be the duty of the Township Treasurer to certify the unpaid bills to the Township Solicitor, who shall proceed to collect such delinquent sewer rentals, together with penalties and cost accrued thereon, either by action at law or by filing a lien or liens for the same, in accordance with law.

(Ord. 325. Passed 3-16-59.)

(f) All churches or other regular places of stated worship are hereby exempt from the annual sewer rental charge levied under subsections (a) through (e) hereof for the year 1966 and thereafter.

(Ord. 393. Passed 10-17-66.)

1042.07 WASTEWATER TREATMENT.

(a) Title. This section shall be known and may be cited as the Lower Chichester Township Wastewater Treatment Ordinance.

(Ord. 91-6. Passed 8-19-91.)

(b) Purpose. This section is adopted to promote and protect the public health, safety, comfort, convenience and other aspects of the general welfare. These general goals include, among others, the specific enforcement of the various regulations promulgated by the Delaware County Regional Water Quality Control Authority (DELCORA), the United States Environmental Protection Agency (USEPA), the Pennsylvania Department of Environmental Resources (PADER) and such other agencies which may succeed the aforementioned agencies to implement the Delaware County Wastewater Management Plan and the National Pretreatment Standard, 40 CFR 401 et seq.

(Ord. 96-2. Passed 11-18-96.)

(c) Adoption of DELCORA's Standards, Rules and Regulations. That document known as DELCORA Standards, Rules and Regulations is hereby adopted by the Township to govern the conduct of all discharges to the DELCORA Wastewater Management System.

  (1) It is intended that this section provide for the enforcement and prosecution of DELCORA Standards, Rules and Regulations and the National Pretreatment Standards.

  (2) It is the specific intent of this section to provide for a means of enforcement of the National Pretreatment Standards promulgated by the United States Environmental Protection Agency as set forth in 40 CFR 401 et seq. (1983) pursuant to the Clean Water Act, as amended, 33 USC 1251 et seq.

  (3) DELCORA Standards, Rules and Regulations shall be minimum standards and shall apply uniformly to each class or kind of user withing the Township.

(Ord. 91-6. Passed 8-19-91.)

(d) Amendments to Standards, Rules and Regulations. The DELCORA Standards, Rules and Regulations, adopted by the Township pursuant to this section, as the Township's wastewater treatment regulations, are amended as provided by DELCORA Resolutions 95-06 and 95-12, which are incorporated herein by reference and attached to original Ordinance 96-2, passed November 18, 1996, as Exhibits A and B, respectively.

(e) Local Limitations. The western area local limitations for discharge of wastewater as provided by DELCORA Resolution 91-05, as amended and codified through October, 1996, which is incorporated herein by reference and attached to original Ordinance 96-2, passed November 18, 1962, as Exhibit C, are adopted as the local limitations for all discharges of wastewater within the Township.

(Ord. 96-2. Passed 11-18-96.)

(f) Violations. Any person who fails or refuses to comply with the DELCORA Standards, Rules and Regulations embodied in DELCORA Resolutions 91-03, and 91-05, adopted May 22, 1991, as the same may be amended from time to time, which are incorporated herein by reference and attached to original Ordinance 91-6, passed August 19, 1999, shall be subject to the penalties set forth in Section 1042.99.

(g) Prosecution.

  (1) The Township hereby appoints DELCORA or its designee as its agent, having the power of the Township to institute proceedings in the name of the Township against any and all persons who violate the provisions of this section.

  (2) In cases involving the enforcement of this section, the Solicitor of DELCORA or its designee may cause subpoenas to be issued for witnesses for the prosecution and may conduct the hearing on behalf of the Township.

(Ord. 91-6. Passed 8-19-91.)

1042.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 for general Code penalty if no specific penalty is provided.)

Any person who violates any provision of Section 1042.07 shall be subject to a fine of up to one thousand dollars ($1,000) and/or shall be imprisoned for not more than ninety days. A separate offense shall be deemed committed each day during on or which a violation of Section 1042.07 and/or the DELCORA Standards, Rules and Regulations, as amended, continues.

(Ord. 91-6. Passed 8-19-91.)


CHAPTER 1044 - Stormwater Management

Article I - General Provisions

1044.01 Short title.

1044.02 Statement of findings.

1044.03 Purpose.

1044.04 Statutory authority.

1044.05 Applicability.

1044.06 Compatibility with other requirements.

1044.07 Definitions.

Article II - Stormwater Management for Water Quality

1044.08 General requirements for stormwater management.

1044.09 Permit requirements by other government entities.

1044.10 Erosion and sediment control during regulated earth disturbance activities.

1044.11 Water quality requirements after regulated earth disturbance activities are complete.

Article III - Stormwater BMP Operations and Maintenance Plan Requirements

1044.12 General requirements.

1044.13 Responsibilities for operations and maintenance of BMPs.

1044.14 Municipality review of BMP operations and maintenance plan.

1044.15 Adherence to approved BMP operations and maintenance plan.

1044.16 Operations and maintenance agreement for privately owned stormwater BMPs.

1044.17 Stormwater management easements.

1044.18 Recording of approved BMP operations and maintenance plan and related agreements.

1044.19 Municipal Stormwater BMP Operation and Maintenance Fund.

Article IV - Inspections and Right of Entry

1044.20 Inspections.

1044.21 Right of entry.

Article V - Fees and Expenses

1044.22 General.

1044.23 Expenses covered by fees.

Article VI - Prohibitions

1044.24 Prohibited discharges.

1044.25 Prohibited connections.

1044.26 Roof drains.

1044.27 Alteration of BMPs

Article VII - Enforcement and Penalties

1044.28 Public nuisance.

1044.29 Enforcement generally.

1044.30 Suspension and revocation of permits and approvals.

1044.31 Appeals.

1044.99 Penalty.

Appendix A: Low Impact Development Practices

Appendix E: Standard Stormwater Facilities Maintenance and Monitoring Agreement

    CROSS REFERENCES

    Dedication of drainage facilities - see 1st Class §§ 2019 et seq.

    Ditches, drains and watercourses; approval of plans - see 1st Class § 2067

    Sewers and drains - see 1st Class §§ 2401 et seq.

    Discharge of storm water into sanitary sewers - see S.U. & P.S. 1042.05

Article I - General Provisions

1044.01 SHORT TITLE.

This chapter shall be known and may be cited as the " Lower Chichester Township Stormwater Management Ordinance."

(Ord. 2004-03A. Passed 7-19-04.)

1044.02 STATEMENT OF FINDINGS.

The governing body of the Municipality finds that:

(a) Stormwater runoff from lands modified by human activities threatens public health and safety by causing decreased infiltration of rainwater and increased runoff flows and velocities, which overtax the carrying capacity of existing streams and storm sewers, and greatly increases the cost to the public to manage stormwater.

(b) Inadequate planning and management of stormwater runoff resulting from land development and redevelopment throughout a watershed can also harm surface water resources by changing the natural hydrologic patterns, accelerating stream flows (which increase scour and erosion of stream-beds and stream-banks thereby elevating sedimentation), destroying aquatic habitat and elevating aquatic pollutant concentrations and loadings such as sediments, nutrients, heavy metals and pathogens. Groundwater resources are also impacted through loss of recharge.

(c) A program of stormwater management, including reasonable regulation of land development and redevelopment causing loss of natural infiltration, is fundamental to the public health, safety, welfare, and the protection of the people of the Municipality and all the people of the Commonwealth, their resources, and the environment.

(d) Stormwater can be an important water resource by providing groundwater recharge for water supplies and base flow of streams, which also protects and maintains surface water quality.

(e) Public education on the control of pollution from stormwater is an essential component in successfully addressing stormwater.

(f) Federal and State regulations require certain municipalities to implement a program of stormwater controls. These municipalities are required to obtain a permit for stormwater discharges from their separate storm sewer systems under the National Pollutant Discharge Elimination System (NPDES).

(g) Non-stormwater discharges to municipal separate storm sewer systems can contribute to pollution of waters of the Commonwealth by the Municipality.

(Ord. 2004-03A. Passed 7-19-04.)

1044.03 PURPOSE.

The purpose of this chapter is to promote health, safety, and welfare within the Municipality and its watershed by minimizing the harms and maximizing the benefits described in Section 1044.02, through provisions designed to:

(a) Manage stormwater runoff impacts at their source by regulating activities that cause the problems.

(b) Provide review procedures and performance standards for stormwater planning and management.

(c) Utilize and preserve the existing natural drainage systems as much as possible.

(d) Manage stormwater impacts close to the runoff source, which requires a minimum of structures and relies on natural processes.

(e) Focus on infiltration of stormwater, to maintain groundwater recharge, to prevent degradation of surface and groundwater quality and to otherwise protect water resources.

(f) Maintain existing flows and quality of streams and watercourses.

(g) Meet legal water quality requirements under State law, including regulations at 25 Pa. Code Chapter 93.4a to protect and maintain "existing uses" and maintain the level of water quality to support those uses in all streams, and to protect and maintain water quality in "special protection" streams.

(h) Prevent scour and erosion of streambanks and streambeds.

(i) Provide for proper operations and maintenance of all permanent stormwater management BMPs that are implemented in the Municipality.

(j) Provide a mechanism to identify controls necessary to meet the NPDES permit requirements.

(k) Implement an illegal discharge detection and elimination program to address non-stormwater discharges into the Municipality's separate storm sewer system.

(Ord. 2004-03A. Passed 7-19-04.)

1044.04 STATUTORY AUTHORITY.

The Municipality is empowered to regulate land use activities that affect stormwater impacts by the authority of 53 P.S. Section 55101 et seq. and/or the Municipalities Planning Code — 53 P.S. Section 10101 et seq.

(Ord. 2004-03A. Passed 7-19-04.)

1044.05 APPLICABILITY.

(a) This chapter applies to any regulated earth disturbance activities within the Municipality, and all stormwater runoff entering into the Municipality's separate storm sewer system from lands within the boundaries of the Municipality.

(b) Earth disturbance activities and associated stormwater management controls are also regulated under existing State law and implementing regulations. This chapter shall operate in coordination with those parallel requirements; the requirements of this chapter shall be no less restrictive in meeting the purposes of this chapter than State law.

(Ord. 2004-03A. Passed 7-19-04.)

1044.06 COMPATIBILITY WITH OTHER REQUIREMENTS.

(a) Approvals issued and actions taken under this chapter do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other code, law, regulation or ordinance. To the extent that this chapter imposes more rigorous or stringent requirements for stormwater management, the specific requirements contained in this chapter shall be followed.

(b) Nothing in this chapter shall be construed to affect any of the Municipality's requirements regarding stormwater matters which do not conflict with the provisions of this chapter, such as local stormwater management design criteria (e.g. inlet spacing, inlet type, collection system design and details, outlet structure design, etc.). Conflicting provisions in other Municipal ordinances or regulations shall be construed to retain the requirements of this chapter addressing State Water Quality Requirements.

(Ord. 2004-03A. Passed 7-19-04.)

1044.07 DEFINITIONS.

For the purposes of this chapter, certain terms and words used herein shall be interpreted as follows:

(a) Words used in the present tense include the future tense; the singular number includes the plural, and the plural number includes the singular; words of masculine gender include feminine gender; and words of feminine gender include masculine gender.

(b) The word "includes" or "including" shall not limit the term to the specific example but is intended to extend its meaning to all other instances of like kind and character.

(c) The words "shall" and "must" are mandatory; the words "may" and "should" are permissive.

  (1) "Accelerated erosion" means the removal of the surface of the land through the combined action of human activities and the natural processes, at a rate greater than would occur because of the natural process alone.

  (2) "Applicant" means a landowner, developer or other person who has filed an application for approval to engage in any regulated earth disturbance activity at a project site in the Municipality.

  (3) "BMP (Best Management Practice)" means activities, facilities, designs, measures or procedures used to manage stormwater impacts from regulated earth disturbance activities, to meet State Water Quality Requirements, to promote groundwater recharge and to otherwise meet the purposes of this chapter.

    BMPs include but are not limited to infiltration, filter strips, low impact design, bioretention, wet ponds, permeable paving, grassed swales, forested buffers, sand filters and detention basins.

  (4) "Conservation District" means the Delaware County Conservation District.

  (5) "DEP" means the Pennsylvania Department of Environmental Protection.

  (6) "Developer" means a person that seeks to undertake any regulated earth disturbance activities at a project site in the Municipality.

  (7) "Development." See "earth disturbance activity." The term includes redevelopment.

  (8) "Development site" means the specific tract of land where any earth disturbance activities in the Municipality are planned, conducted or maintained.

  (9) "Earth disturbance activity" means a construction or other human activity which disturbs the surface of the land, including, but not limited to, clearing and grubbing, grading, excavations, embankments, road maintenance, building construction and the moving, depositing, stockpiling, or storing of soil, rock or earth materials.

  (10) "Erosion" means the process by which the surface of the land, including channels, is worn away by water, wind, or chemical action.

  (11) "Erosion and sediment control plan" is a plan for a project site which identifies BMPs to minimize accelerated erosion and sedimentation.

  (12) "Groundwater recharge" means replenishment of existing natural underground water supplies.

  (13) "Impervious surface" means a surface that prevents the infiltration of water into the ground. Impervious surface includes, but is not limited to, any roof, parking or driveway areas, and any new streets and sidewalks. Any surface areas designed to initially be gravel or crushed stone shall be assumed to be impervious surfaces.

  (14) "Municipality" means Lower Chichester Township, Delaware County, Pennsylvania.

  (15) "NPDES - National Pollutant Discharge Elimination System" is the Federal government's system for issuance of permits under the Clean Water Act, which is delegated to DEP in Pennsylvania.

  (16) "Outfall" means "point source" as described in 40 CFR § 122.2 at the point where the Municipality's storm sewer system discharges to surface waters of the Commonwealth.

  (17) "Person" means an individual, partnership, public or private association or corporation, or a governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

  (18) "Point source" means any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, or conduit from which stormwater is or may be discharged, as defined in State regulations at 25 Pa. Code § 92.1.

  (19) "Project site" means the specific area of land where any regulated earth disturbance activities in the Municipality are planned, conducted or maintained.

  (20) "Redevelopment" means earth disturbance activities on land which has previously been disturbed or developed.

  (21) "Regulated earth disturbance activity" means earth disturbance activity one acre or more with a point source discharge to surface waters or the Municipality's storm sewer system, or five acres or more regardless of the planned runoff. This includes earth disturbance on any portion of, part, or during any stage of a larger common plan of development. This only includes road maintenance activities involving twenty-five acres or more or earth disturbance.

  (22) "Road maintenance" means earth disturbance activities within the existing road cross-section, such as grading and repairing existing unpaved road surfaces, cutting road banks, cleaning or clearing drainage ditches and other similar activities.

  (23) "Separate storm sewer system" means a conveyance or system of conveyances (including roads with drainage systems, Municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains) primarily used for collecting and conveying stormwater runoff.

  (24) "State water quality requirements," as defined under State regulations, protection of designated and existing uses (see 25 Pa. Code Chapters 93 and 96), including:

    A. Each stream segment in Pennsylvania has a "designated use," such as "cold water fishery" or "potable water supply," which are listed in Chapter 93. These uses must be protected and maintained, under State regulations.

    B. "Existing uses" are those attained as of November 1975, regardless whether they have been designated in Chapter 93. Regulated earth disturbance activities must be designed to protect and maintain existing uses and maintain the level of water quality necessary to protect those uses in all streams, and to protect and maintain water quality in special protection streams.

    C. Water quality involves the chemical, biological and physical characteristics of surface water bodies. After regulated earth disturbance activities are complete, these characteristics can be impacted by addition of pollutants such as sediment, and changes in habitat through increased flow volumes and/or rates as a result of changes in land surface area from those activities. Therefore, permanent discharges to surface waters must be managed to protect the stream bank, streambed and structural integrity of the waterway, to prevent these impacts.

  (25) "Stormwater" means the surface runoff generated by precipitation reaching the ground surface.

  (26) "Surface waters of the Commonwealth" means any and all rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs, and all other bodies or channels of conveyance of surface water, or parts thereof, whether natural or artificial, within or on the boundaries of this Commonwealth.

  (27) "Watercourse" means a channel or conveyance of surface water, such as a stream or creek, having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.

  (28) "Watershed" is a region or area drained by a river, watercourse or other body of water, whether natural or artificial.

(Ord. 2004-03A. Passed 7-19-04.)

Article II - Stormwater Management for Water Quality

1044.08 GENERAL REQUIREMENTS FOR STORMWATER MANAGEMENT.

(a) All regulated earth disturbance activities within the Municipality shall be designed, implemented, operated and maintained to meet the purposes of this chapter, through these two elements:

  (1) Erosion and sediment control during the earth disturbance activities (e.g., during construction); and

  (2) Water quality protection measures after completion of earth disturbance activities (e.g., after construction), including operations and maintenance.

(b) No regulated earth disturbance activities within the Municipality shall commence until the requirements of this chapter are met.

(c) Erosion and sediment control during regulated earth disturbance activities shall be addressed as required by Section 1044.10.

(d) Post-construction water quality protection shall be addressed as required by Section 1044.11. Operations and maintenance of permanent stormwater BMPs shall be addressed as required by Article III.

(e) All Best Management Practices (BMPs) used to meet the requirements of this chapter shall conform to the State water quality requirements, and any more stringent requirements as determined by the Municipality.

(f) Techniques described in Appendix A (Low Impact Development) of this chapter are encouraged, because they reduce the costs of complying with the requirements of this chapter and the State water quality requirements.

(Ord. 2004-03A. Passed 7-19-04.)

1044.09 PERMIT REQUIREMENTS BY OTHER GOVERNMENT ENTITIES.

The following permit requirements may apply to certain regulated earth disturbance activities, and must be met prior to commencement of regulated earth disturbance activities, as applicable:

(a) All regulated earth disturbance activities subject to permit requirements by DEP under regulations at 25 Pa. Code Chapter 102.

(b) Work within natural drainageways subject to permit by DEP under 25 Pa. Code Chapter 105.

(c) Any stormwater management facility that would be located in or adjacent to surface waters of the Commonwealth, including wetlands, subject to permit by DEP under 25 Pa. Code Chapter 105.

(d) Any stormwater management facility that would be located on a State highway right-of-way, or require access from a State highway, shall be subject to approval by the Pennsylvania Department of Transportation (PENNDOT).

(e) Culverts, bridges, storm sewers or any other facilities which must pass or convey flows from the tributary area and any facility which may constitute a dam subject to permit by DEP under 25 Pa. Code Chapter 105.

(Ord. 2004-03A. Passed 7-19-04.)

1044.10 EROSION AND SEDIMENT CONTROL DURING REGULATED EARTH DISTURBANCE ACTIVITIES.

(a) No regulated earth disturbance activities within the Municipality shall commence until approval by the Municipality of an erosion and sediment control plan for construction activities.

(b) DEP has regulations that require an erosion and sediment control plan for any earth disturbance activity of 5,000 square feet or more, under 25 Pa Code § 102.4(b).

(c) In addition, under 25 Pa. Code Chapter 92, a DEP "NPDES Construction Activities" permit is required for regulated earth disturbance activities.

(d) Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate DEP regional office or County Conservation District must be provided to the Municipality. The issuance of an NPDES Construction Permit (or permit coverage under the Statewide General Permit (PAG-2) satisfies the requirements of subsection (a) hereof.

(e) A copy of the erosion and sediment control plan and any required permit, as required by DEP regulations, shall be available at the project site at all times.

(Ord. 2004-03A. Passed 7-19-04.)

1044.11 WATER QUALITY REQUIREMENTS AFTER REGULATED EARTH DISTURBANCE ACTIVITIES ARE COMPLETE.

(a) No regulated earth disturbance activities within the Municipality shall commence until approval by the Municipality of a plan which demonstrates compliance with State water quality requirements after construction is complete.

(b) The BMPs must be designed, implemented and maintained to meet State water quality requirements, and any other more stringent requirements as determined by the Municipality.

(c) To control post-construction stormwater impacts from regulated earth disturbance activities, State water quality requirements can be met by BMPs, including site design, which provide for replication of pre-construction stormwater infiltration and runoff conditions, so that post-construction stormwater discharges do not degrade the physical, chemical or biological characteristics of the receiving waters. As described in the DEP Comprehensive Stormwater Management Policy (#392-0300-002, September 28, 2002), this may be achieved by the following:

  (1) Infiltration: replication of pre-construction stormwater infiltration conditions;

  (2) Treatment: use of water quality treatment BMPs to ensure filtering out of the chemical and physical pollutants from the stormwater runoff; and

  (3) Streambank and streambed protection: management of volume and rate of post-construction stormwater discharges to prevent physical degradation of receiving waters (e.g., from scouring).

(d) DEP has regulations that require municipalities to ensure design, implementation and maintenance of Best Management Practices ("BMPs") that control runoff from new development and redevelopment after regulated earth disturbance activities are complete. These requirements include the need to implement post-construction stormwater BMPs with assurance of long-term operations and maintenance of those BMPs.

(e) Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate DEP regional office must be provided to the Municipality. The issuance of an NPDES construction permit (or permit coverage under the Statewide General Permit (PAG-2) satisfies the requirements of subsection (a) hereof.

(f) BMP operations and maintenance requirements are described in Article III of this chapter.

(Ord. 2004-03A. Passed 7-19-04.)

Article III - Stormwater BMP Operations and Maintenance Plan Requirements

1044.12 GENERAL REQUIREMENTS.

(a) No regulated earth disturbance activities within the Municipality shall commence until approval by the Municipality of BMP operations and maintenance plan which describes how the permanent (e.g., post-construction) stormwater BMPs will be properly operated and maintained.

(b) The following items shall he included in the BMP operations and maintenance plan:

  (1) Map(s) of the project area, in a form that meets the requirements for recording at the offices of the Recorder of Deeds of Delaware County, and shall be submitted on 24-inch x 36-inch or 30-inch x 42-inch sheets. The contents of the maps(s) shall include, but not be limited to:

    A. Clear identification of the location and nature of permanent stormwater BMPs;

    B. The location of the project site relative to highways, Municipal boundaries or other identifiable landmarks;

    C. Existing and final contours at intervals of two feet, or others as appropriate;

    D. Existing streams, lakes, ponds, or other bodies of water within the project site area;

    E. Other physical features including flood hazard boundaries, sinkholes, streams, existing drainage courses, and areas of natural vegetation to be preserved;

    F. The locations of all existing and proposed utilities, sanitary sewers, and water lines within fifty feet of property lines of the project site;

    G. Proposed final changes to the land surface and vegetative cover, including the type and amount of impervious area that would be added;

    H. Proposed final structures, roads, paved areas, and buildings; and

    I. A fifteen-foot wide access easement around all stormwater BMPs that would provide ingress to and egress from a public right-of-way;

(2) A description of how each permanent stormwater BMP will be operated and maintained, and the identity of the person(s) responsible for operations and maintenance;

(3) The name of the project site, the name and address of the owner of the property, and the name of the individual or firm preparing the plan; and

(4) A statement, signed by the landowner, acknowledging that the stormwater BMPs are fixtures that can be altered or removed only after approval by the Municipality.

(Ord. 2004-03A. Passed 7-19-04.)

1044.13 RESPONSIBILITIES FOR OPERATIONS AND MAINTENANCE OF BMPS.

(a) The BMP operations and maintenance plan for the project site shall establish responsibilities for the continuing operation and maintenance of all permanent stormwater BMPs, as follows:

  (1) If a plan includes structures or lots which are to be separately owned and in which streets, sewers and other public improvements are to be dedicated to the Municipality, stormwater BMPs may also be dedicated to and maintained by the Municipality; and

  (2) If a plan includes operations and maintenance by a single ownership, or if sewers and other public improvements are to be privately owned and maintained, then the operation and maintenance of stormwater BMPs shall be the responsibility of the owner or private management entity.

(b) The Municipality shall make the final determination on the continuing operations and maintenance responsibilities. The Municipality reserves the right to accept or reject the operations and maintenance responsibility for any or all of the stormwater BMPs.

(Ord. 2004-03A. Passed 7-19-04.)

1044.14 MUNICIPALITY REVIEW OF BMP OPERATIONS AND MAINTENANCE PLAN.

(a) The Municipality shall review the BMP operations and maintenance plan for consistency with the purposes and requirements of this chapter, and any permits issued by DEP.

(b) The Municipality shall notify the applicant in writing whether the BMP operations and maintenance plan is approved.

(c) The Municipality may require an "as-built survey" of all stormwater BMPs, and an explanation of any discrepancies with the operations and maintenance plan.

(Ord. 2004-03A. Passed 7-19-04.)

1044.15 ADHERENCE TO APPROVED BMP OPERATIONS AND MAINTENANCE PLAN.

It shall be unlawful to alter or remove any permanent stormwater BMP required by an approved BMP operations and maintenance plan, or to allow the property to remain in a condition which does not conform to an approved BMP operations and maintenance plan, unless an exception is granted in writing by the Municipality.

(Ord. 2004-03A. Passed 7-19-04.)

1044.16 OPERATIONS AND MAINTENANCE AGREEMENT FOR PRIVATELY OWNED STORMWATER BMPS.

(a) The property owner shall sign an operations and maintenance agreement with the Municipality covering all stormwater BMPs that are to be privately owned. The agreement shall be substantially the same as the agreement in Appendix E of this chapter.

(b) Other items may be included in the agreement where determined necessary to guarantee the satisfactory operation and maintenance of all permanent stormwater BMPs. The agreement shall be subject to the review and approval of the Municipality.

(Ord. 2004-03A. Passed 7-19-04.)

1044.17 STORMWATER MANAGEMENT EASEMENTS.

(a) Stormwater management easements are required for all areas used for off-site stormwater control, unless a waiver is granted by the Municipal Engineer.

(b) Stormwater management easements shall be provided by the property owner if necessary for access for inspections and maintenance, or preservation of stormwater runoff conveyance, infiltration, and detention areas and other BMPs, by persons other than the property owner. The purpose of the easement shall be specified in any agreement under Section 1044.15.

(Ord. 2004-03A. Passed 7-19-04.)

1044.18 RECORDING OF APPROVED BMP OPERATIONS AND MAINTENANCE PLAN AND RELATED AGREEMENTS.

(a) The owner of any land upon which permanent BMPs will be placed, constructed or implemented, as described in the BMP operations and maintenance plan, shall record the following documents in the Office of the Recorder of Deeds for Delaware County, within fifteen days of approval of the BMP operations plan by the Municipality:

  (1) The operations and maintenance plan, or a summary thereof;

  (2) Operations and maintenance agreements under Section 1044.16; and

  (3) Easements under Section 1044.17.

(b) The Municipality may suspend or revoke any approvals granted for the project site upon discovery of the failure of the owner to comply with this section.

(Ord. 2004-03A. Passed 7-19-04.)

1044.19 MUNICIPAL STORMWATER BMP OPERATION AND MAINTENANCE FUND.

(a) If stormwater BMPs are accepted by the Municipality for dedication, the Municipality may require persons installing stormwater BMPs to pay a specified amount to the Municipal Stormwater BMP Operation and Maintenance Fund, to help defray costs of operations and maintenance activities. The amount may be determined as follows:

  (1) If the BMP is to be owned and maintained by the Municipality, the amount shall cover the estimated costs for operations and maintenance for ten years, as determined by the Municipality.

  (2) The amount shall then be converted to present worth of the annual series values.

(b) If a BMP is proposed that also serves as a recreation facility (e.g. ball field, lake), the Municipality may adjust the amount due accordingly.

(Ord. 2004-03A. Passed 7-19-04.)

Article IV - Inspections and Right of Entry

1044.20 INSPECTIONS.

(a) DEP or its designees (e.g., County Conservation Districts) normally ensure compliance with any permits issued, including those for stormwater management. In addition to DEP compliance programs, the Municipality or its designee may inspect all phases of the construction, operations, maintenance and any other implementation of stormwater BMPs.

(b) During any stage of the regulated earth disturbance activities, if the Municipality or its designee determines that any BMPs are not being implemented in accordance with this chapter, the Municipality may suspend or revoke any existing permits or other approvals until the deficiencies are corrected.

(Ord. 2004-03A. Passed 7-19-04.)

1044.21 RIGHT OF ENTRY.

(a) Upon presentation of proper credentials, duly authorized representatives of the Municipality may enter at reasonable times upon any property within the Municipality to inspect the implementation, condition, or operation and maintenance of the stormwater BMPs in regard to any aspect governed by this chapter.

(b) BMP owners and operators shall allow persons working on behalf of the Municipality ready access to all parts of the premises for the purposes of determining compliance with this chapter.

(c) Persons working on behalf of the Municipality shall have the right to temporarily locate on any BMP in the Municipality such devices as are necessary to conduct monitoring and/or sampling of the discharges from such BMP.

(d) Unreasonable delays in allowing the Municipality access to a BMP is a violation of this Article.

(Ord. 2004-03A. Passed 7-19-04.)

Article V - Fees and Expenses

1044.22 GENERAL.

The Municipality may charge a reasonable fee for review of BMP operations and maintenance plans to defray review costs incurred by the Municipality. The applicant shall pay all such fees.

(Ord. 2004-03A. Passed 7-19-04.)

1044.23 EXPENSES COVERED BY FEES.

The fees required by this chapter may cover:

(a) Administrative/clerical costs.

(b) The review of the BMP operations and maintenance plan by the Municipal Engineer.

(c) The site inspections including, but not limited to, pre-construction meetings, inspections during construction of stormwater BMPs, and final inspection upon completion of the stormwater BMPs.

(d) Any additional work required to monitor and enforce any provisions of this chapter, correct violations, and assure proper completion of stipulated remedial actions.

(Ord. 2004-03A. Passed 7-19-04.)

Article VI - Prohibitions

1044.24 PROHIBITED DISCHARGES.

(a) No person in the Municipality shall allow, or cause to allow, stormwater discharges into the Municipality's separate storm sewer system which are not composed entirely of stormwater, except as provided in subsection (b) below, and discharges allowed under a State or Federal permit.

(b) Discharges which may be allowed, based on a finding by the Municipality that the discharge(s) do not significantly contribute to pollution to surface waters of the Commonwealth, are:

  (1) Discharges from fire fighting activities;

  (2) Uncontaminated water from foundation or from footing drains;

  (3) Potable water sources including dechlorinated water line and fire hydrant flushings;

  (4) Flows from riparian habitats and wetlands;

  (5) Lawn watering;

  (6) Irrigation drainage;

  (7) Pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred (unless all spill material has been removed) and where detergents are not used;

  (8) Routine external building washdown (which does not use detergents or other compounds);

  (9) Air conditioning condensate;

  (10) Water from individual residential car washing;

  (11) Dechlorinated swimming pool discharges;

  (12) Springs;

  (13) Uncontaminated groundwater; and

  (14) Water from crawl space pumps.

(c) In the event that the Municipality determines that any of the discharges identified in subsection (b) hereof significantly contribute to pollution of waters of the Commonwealth, or is so notified by DEP, the Municipality will notify the responsible person to cease the discharge.

(d) Upon notice provided by the Municipality under subsection (c) hereof, the discharger will have a reasonable time, as determined by the Municipality, to cease the discharge consistent with the degree of pollution caused by the discharge.

(e) Nothing in this section shall affect a discharger's responsibilities under State law.

(Ord. 2004-03A. Passed 7-19-04.)

1044.25 PROHIBITED CONNECTIONS.

The following connections are prohibited, except as provided in Section 1044.24(b):

(a) Any drain or conveyance, whether on the surface or subsurface, which allows any non-stormwater discharge including sewage, process wastewater, and wash water, to enter the separate storm sewer system, and any connections to the storm drain system from indoor drains and sinks; and

(b) Any drain or conveyance connected from a commercial or industrial land use to the separate storm sewer system which has not been documented in plans, maps, or equivalent records, and approved by the Municipality.

(Ord. 2004-03A. Passed 7-19-04.)

1044.26 ROOF DRAINS.

(a) Roof drains shall not be connected to streets, sanitary or storm sewers or roadside ditches, except as provided in subsection (b) hereof.

(b) When it is more advantageous to connect directly to streets or storm sewers, connections of roof drains to streets or roadside ditches may be permitted by the Municipality.

(c) Roof drains shall discharge to infiltration areas or vegetative BMPs to the maximum extent practicable.

(Ord. 2004-03A. Passed 7-19-04.)

1044.27 ALTERATION OF BMPS.

(a) No person shall modify, remove, fill, landscape or alter any existing stormwater BMP, unless it is part of an approved maintenance program, without the written approval of the Municipality.

(b) No person shall place any structure, fill, landscaping or vegetation into a stormwater BMP or within a drainage easement, which would limit or alter the functioning of the BMP, without the written approval of the Municipality.

(Ord. 2004-03A. Passed 7-19-04.)

Article VII - Enforcement and Penalties

1044.28 PUBLIC NUISANCE.

(a) The violation of any provision of this chapter is hereby deemed a public nuisance.

(b) Each day that a violation continues shall constitute a separate violation.

(Ord. 2004-03A. Passed 7-19-04.)

1044.29 ENFORCEMENT GENERALLY.

(a) Whenever the Municipality finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Municipality may order compliance by written notice to the responsible person. Such notice may require without limitation:

  (1) The performance of monitoring, analyses, and reporting;

  (2) The elimination of prohibited connections or discharges;

  (3) Cessation of any violating discharges, practices, or operations;

  (4) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

  (5) Payment of a fine to cover administrative and remediation costs;

  (6) The implementation of stormwater BMPs; and

  (7) Operation and maintenance of stormwater BMPs.

(b) Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violations(s). Said notice may further advise that, if applicable, should the violator fail to take the required action within the established deadline, the work will be done by the Municipality or designee and the expense thereof shall be charged to the violator.

(c) Failure to comply within the time specified shall also subject such person to the penalty provisions of this chapter. All such penalties shall be deemed cumulative and shall not prevent the Municipality from pursuing any and all other remedies available in law or equity.

(Ord. 2004-03A. Passed 7-19-04.)

1044.30 SUSPENSION AND REVOCATION OF PERMITS AND APPROVALS.

(a) Any building, land development or other permit or approval issued by the Municipality may be suspended or revoked by the Municipality for:

  (1) Non-compliance with or failure to implement any provision of the permit;

  (2) A violation of any provision of this chapter; or

  (3) 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.

(b) A suspended permit or approval shall be reinstated by the Municipality when:

  (1) The Municipal Engineer or designee has inspected and approved the corrections to the stormwater BMPs, or the elimination of the hazard or nuisance, and/or;

  (2) The Municipality is satisfied that the violation of the ordinance, law, or rule and regulation has been corrected.

(c) A permit or approval which has been revoked by the Municipality cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this chapter.

(Ord. 2004-03A. Passed 7-19-04.)

1044.31 APPEALS.

Any person aggrieved by any action of the Municipality or its designee, relevant to the provisions of this chapter, may appeal to the relevant judicial or administrative body according to law, within the time period allowed.

(Ord. 2004-03A. Passed 7-19-04.)

1044.99 PENALTY.

(a) Any person violating the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of not more than one thousand dollars ($1,000) for each violation, recoverable with costs, or imprisonment of not more than ten days, or both. Each day that the violation continues shall be a separate offense.

(b) In addition, the Municipality, through its solicitor, may institute injunctive, mandamus or any other appropriate action or proceeding at law or in equity for the enforcement of this chapter. 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.

(Ord. 2004-03A. Passed 7-19-04.)

APPENDIX A - LOW IMPACT DEVELOPMENT PRACTICES

ALTERNATIVE APPROACH FOR MANAGING STORMWATER RUNOFF

Natural hydrologic conditions may be altered radically by poorly planned development practices, such as introducing unneeded impervious surfaces, destroying existing drainage swales, constructing unnecessary storm sewers, and changing local topography. A traditional drainage approach of development has been to remove runoff from a site as quickly as possible and capture it in a detention basin. This approach leads ultimately to the degradation of water quality as well as expenditure of additional resources for detaining and managing concentrated runoff at some downstream location.

The recommended alternative approach is to promote practices that will minimize post-development runoff rates and volumes, which will minimize needs for artificial conveyance and storage facilities. To simulate pre-development hydrologic conditions, forced infiltration is often necessary to offset the loss of infiltration by creation of impervious surfaces. The ability of the ground to infiltrate depends upon the soil types and its conditions.

Preserving natural hydrologic conditions requires careful alternative site design considerations. Site design practices include preserving natural drainage features, minimizing impervious surface area, reducing the hydraulic connectivity of impervious surfaces, and protecting natural depression storage. A well-designed site will contain a mix of all those features. The following describes various techniques to achieve the alternative approach:

Preserving Natural Drainage Features. Protecting natural drainage features, particularly vegetated drainage swales and channels, is desirable because of their ability to infiltrate and attenuate flows and to filter pollutants. However, this objective is often not accomplished in land development. In fact, commonly held drainage philosophy encourages just the opposite pattern — streets and adjacent storm sewers typically are located in the natural headwater valleys and swales, thereby replacing natural drainage functions with a completely impervious system. As a result, runoff and pollutants generated from impervious surfaces flow directly into storm sewers with no opportunity for attenuation, infiltration, or filtration. Developments designed to fit site topography also minimizes the amount of grading on site.

Protecting Natural Depression Storage Areas. Depressional storage areas have no surface outlet, or drain very slowly following a storm event. They can be commonly seen as ponded areas in farm fields during the wet season or after large runoff events. Traditional development practices eliminate these depressions by filling or draining, thereby obliterating their ability to reduce surface runoff volumes and trap pollutants. The volume and release-rate characteristics of depressions should be protected in the design of the development site. The depressions can be protected by simply avoiding the depression or by incorporating its storage as additional capacity in required detention facilities.

Avoiding introduction of impervious areas. Careful site planning should consider reducing impervious coverage to the maximum extent possible. Building footprints, sidewalks, driveways and other features producing impervious surfaces should be evaluated to minimize impacts on runoff.

Reducing the Hydraulic Connectivity of Impervious Surfaces. Impervious surfaces are significantly less of a problem if they are not directly connected to an impervious conveyance system (such as storm sewer). Two basic ways to reduce hydraulic connectivity are routing of roof runoff over lawns and reducing the use of storm sewers. Site grading should promote increasing travel time of stormwater runoff, and should help reduce concentration of runoff to a single point in the development.

Routing Roof Runoff Over Lawns. Roof runoff can be easily routed over lawns in most site designs. The practice discourages direct connections of downspouts to storm sewers or parking lots. The practice also discourages sloping driveways and parking lots to the street. By routing roof drains and crowning the driveway to run off to the lawn, the lawn is essentially used as a filter strip.

Reducing the Use of Storm Sewers. By reducing use of storm sewers for draining streets, parking lots, and back yards, the potential for accelerating runoff from the development can be greatly reduced. The practice requires greater use of swales and may not be practical for some development sites, especially if there are concerns for areas that do not drain in a "reasonable" time. The practice requires educating local citizens and public works officials, who expect runoff to disappear shortly after a rainfall event.

Reducing Street Widths. Street widths can be reduced by either eliminating on-street parking or by reducing roadway widths. Municipal planners and traffic designers should encourage narrower neighborhood streets which ultimately could lower maintenance.

Limiting Sidewalks to One Side of the Street. A sidewalk on one side of the street may suffice in low-traffic neighborhoods. The lost sidewalk could be replaced with bicycle/recreational trails that follow back-of-lot lines. Where appropriate, backyard trails should be constructed using pervious materials.

Using Permeable Paving Materials. These materials include permeable interlocking concrete paving blocks or porous bituminous concrete. Such materials should be considered as alternatives to conventional pavement surfaces, especially for low use surfaces such as driveways, overflow parking lots, and emergency access roads.

Reducing Building Setbacks. Reducing building setbacks reduces driveway and entry walks and is most readily accomplished along low-traffic streets where traffic noise is not a problem.

Constructing Cluster Developments. Cluster developments can also reduce the amount of impervious area for a given number of lots. The biggest savings is in street length, which also will reduce costs of the development. Cluster development clusters the construction activity onto less-sensitive areas without substantially affecting the gross density of development.

In summary, a careful consideration of the existing topography and implementation of a combination of the above mentioned techniques may avoid contraction of costly stormwater control measures. Other benefits include reduced potential of downstream flooding, water quality degradation of receiving streams/water bodies and enhancement of aesthetics and reduction of development costs. Beneficial results include more stable baseflows in receiving streams, improved groundwater recharge, reduced flood flows, reduced pollutant loads, and reduced costs for conveyance and storage.

(Ord. 2004-03A. Passed 7-19-04.)

APPENDIX E - STANDARD STORMWATER FACILITIES MAINTENANCE AND MONITORING AGREEMENT

STANDARD STORMWATER FACILITIES MAINTENANCE AND MONITORING AGREEMENT

THIS AGREEMENT, made and entered into this     day of      , 20 , by and between           , (hereinafter the "Landowner"), and Lower Chichester Township, Delaware County, Pennsylvania, (hereinafter the "Municipality");

WITNESSETH

WHEREAS, the Landowner is the owner of certain real property as recorded by deed in the land records of       County, Pennsylvania, Deed Book     at Page     , (hereinafter "Property").

WHEREAS, the Landowner is proceeding to build and develop the Property; and

WHEREAS, the Subdivision/Land Development Stormwater Management Plan (hereinafter "Plan") for the         Subdivision which is expressly made a part hereof, as approved or to be approved by the Municipality, provides for detention or retention of stormwater within the confines of the Property; and

WHEREAS, the Municipality and the Landowner, his successors, and assigns agree that the health, safety, and welfare of the residents of the Municipality require that on-site stormwater management facilities be constructed and maintained on the Property: and

WHEREAS, the Municipality requires, through the implementation of the           Stormwater Management Plan, that stormwater management facilities as shown on the Plan be constructed and adequately maintained by the Landowner, his successors, and assigns.

NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:

  1. The on-site stormwater management facilities shall be constructed by the Landowner, his successors, and assigns in accordance with the terms, conditions, and specifications identified in the Plan.

  2. The Landowner, his successors, and assigns shall maintain the stormwater management facilities in good working condition, acceptable to the Municipality so that they are performing their design functions.

  3. The Landowner, his successors, and assigns hereby grant permission to the Municipality, its authorized agents and employees, upon presentation of proper identification, to enter upon the Property at reasonable times and to inspect the stormwater management facilities whenever the Municipality deems necessary. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire facilities, berms, outlet structures, pond areas, access roads, etc. When inspections are conducted, the Municipality shall give the Landowner, his successors, and assigns copies of the inspection report with findings and evaluations. At a minimum, maintenance inspections shall be performed in accordance with the following schedule:

    • Annually for the first five (5) years after the construction of the stormwater facilities,
          • Once every three (3) years thereafter, or
    • During or immediately upon the cessation of a 100-year or greater precipitation event.

  4. All reasonable costs for said inspections shall be borne by the Landowner and payable to the Municipality.

  5. The Landowner shall convey to the Municipality easements and/or rights-of-way to assure access for periodic inspections by the Municipality and maintenance, if required.

  6. In the event that the Landowner, his successors, and assigns fail to maintain the stormwater management facilities in good working condition acceptable to the Municipality, the Municipality may enter upon the Property and take such necessary and prudent action to maintain said stormwater management facilities and to charge the costs of the maintenance and/or repairs to the Landowner, his successors, and assigns. This provision shall not be construed as to allow the Municipality to erect any structure of a permanent nature on the land of the Landowner, outside of any easement belonging to the Municipality. It is expressly understood and agreed that the Municipality is under no obligation to maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the Municipality.

  7. The Landowner, his successors, and assigns will perform maintenance in accordance with the maintenance schedule for the stormwater management facilities including sediment removal as outlined on the approved schedule and/or subdivision/land management plan.

  8. In the event that the Municipality, pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like on account of the Landowner's or his successors' and assigns' failure to perform such work, the Landowner, his successors, and assigns shall reimburse the Municipality upon demand, within thirty (30) days of receipt of invoice thereof, for all costs incurred by the Municipality hereunder. If not paid within said 30-day period, the Municipality may enter a lien against the Property in the amount of such costs, or may proceed to recover its costs through proceedings in equity or at law as authorized under the provisions of the Township Code.

  9. The Landowner, his successors, and assigns shall indemnify the Municipality and its agents and employees against any and all damages, accidents, casualties, occurrences, or claims which might arise or be asserted against the Municipality for the construction, presence, existence, or maintenance of the stormwater management facilities by the Landowner, his successors, and assigns.

  10. In the event that a claim is asserted against the Municipality, its agents or employees, the Municipality shall promptly notify the Landowner, his successors, and assigns, and they shall defend, at their own expense, any suit based on such claim. If any judgment or claims against the Municipality, its agents, or employees shall be allowed, the Landowner, his successors, and assigns shall pay all costs and expenses in connection therewith.

  11. In the event of an emergency or the occurrence of special or unusual circumstances or situations, the Municipality may enter the Property, if the Landowner is not immediately available, without notification or identification, to inspect and perform necessary maintenance and repairs, if needed, when the health, safety, or welfare of the citizens is at jeopardy. However, the Municipality shall notify the landowner of any inspection, maintenance, or repair undertaken within five (5) days of the activity. The Landowner shall reimburse the Municipality for its costs.

This Agreement shall be recorded among the land records of Delaware County, Pennsylvania and shall constitute a covenant running with the Property and/or equitable servitude, and shall be binding on the Landowner, his administrators, executors, assigns, heirs, and any other successors in interest, in perpetuity.

ATTEST:

WITNESS the following signatures and seals:

(SEAL) For the Municipality:

                         

(SEAL) For the Landowner:

                         

ATTEST:

Township of Lower Chichester

County of Delaware, Pennsylvania

I,                       a Notary Public in and for the County and State aforesaid, whose commission expires on the     day of       , 20     , do hereby certify that             whose name(s) is/are signed to the foregoing Agreement bearing date of the     day of       , 20   , has acknowledged the same before me in my said County and State.

GIVEN UNDER MY HAND THIS       day of         , 20   .

                                           

NOTARY PUBLIC (SEAL)

(Ord. 2004-03A. Passed 7-19-04.)


CHAPTER 1046 - Gas

EDITOR'S NOTE: Gas is supplied in the Township by the Philadelphia Electric Company (PECO).

There are no sections in Chapter 1046. This chapter has been established to provide a place for cross references and any future legislation.

    CROSS REFERENCES

    Conditions for construction of gas lines in or under streets - see 1st Class § 2084

    Gas burners - see B. & H. 1422.08

    BOCA National Fire Prevention Code - see F.P. Ch. 1610


CHAPTER 1048 - Electricity

EDITOR'S NOTE: Electricity is supplied in the Township by the Philadelphia Electric Company (PECO).

There are no sections in Chapter 1048. This chapter has been established to provide a place for cross references and any future legislation.

    CROSS REFERENCES

    Conditions for construction of electric conduits in or under streets - see 1st Class § 2084

    Manufacture and sale of electricity - see 1st Class Art. XXVII-A

    National Electrical Code - see B. & H. Ch. 1422

    Electrical work - see B. & H. 1462.08

    Electrical systems and components in flood hazard areas - see B. & H. 1466.24(e)


CHAPTER 1050 - Utility Poles

1050.01 Annual inspection fee.

1050.02 Inspections by Township; reports to Board of Commissioners.

1050.99 Penalty.

    CROSS REFERENCES

    Authority to grant rights for installation of public utilities in streets - see 1st Class § 1502-LVII

    Conditions of construction of utility poles on streets - see 1st Class § 2084

    Electricity - see S.U. & P.S. Ch. 1048

1050.01 ANNUAL INSPECTION FEE.

Any person who erects, maintains or uses any pole for the purpose of supporting wires carrying electrical energy or power or for communication purposes shall pay to the Township an annual inspection fee in the sum of one dollar ($1.00) per pole, to be paid on the first Monday of January of each year.

(Ord. 375. Passed 12-30-63.)

1050.02 INSPECTIONS BY TOWNSHIP; REPORTS TO BOARD OF COMMISSIONERS.

It shall be the duty of the Board of Commissioners or a duly authorized committee or agent of the Board of Commissioners to inspect all utility poles at least once a year and to report the condition of said poles at the next meeting of the Township Board of Commissioners following said inspection.

(Ord. 375. Passed 12-30-63.)

1050.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 for general Code penalty if no specific penalty is provided.)

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Title Six - Other Public Services

CHAPTER 1060 - Garbage and Rubbish Collection and Disposal

1060.01 Definitions.

1060.02 Storage requirements.

1060.03 Container; paper.

1060.04 Placement for collection.

1060.05 Collection and removal; fees.

1060.06 Collection by contractors; transporting; trash from outside Township.

1060.07 Scavenging.

1060.08 Newspapers.

1060.09 Accumulations of trash and containers.

1060.10 Declaration of nuisance.

1060.11 Disposal on other property.

1060.12 Disposal of sharps.

1060.13 Duty in disposing of sharps.

1060.14 Violations.

1060.99 Penalty.

    CROSS REFERENCES

    Accumulation, collection and disposal of garbage and rubbish - see 1st Class § 1502-XXVII

    Containers in food establishments - see B.R. & T. 824.07

    Deposits into sanitary sewer system - see S.U. & P.S. 1042.04

    County-Wide Solid Waste Management Plan - see S.U. & P.S. Ch. 1062

    Denial of building permits because of delinquent or unpaid refuse collection fees - see B. & H. 1442.025

    Denial of use and occupancy or registration permits because of delinquent or unpaid refuse collection fees - see B. & H. 1444.09

    Denial of certificate of occupancy because of delinquent or unpaid refuse collection fees - see B. & H.
1446.09

1060.01 DEFINITIONS.

As used in this chapter;

(a) "Ashes" means the residue from the burning of wood, coal, coke and other combustible materials for the purposes of heating and cooking.

(b) "Front street" means the public street or road or private street or road over which two or more dominant estates have the right-of-way and upon which a lot abuts. If a lot abuts on more than one street, it means the one upon which the main building fronts or the one that it is wished to have such main building front.

(c) "Front yard" means the entire open space extending along the street line of any street on which the lot abuts and includes the area between the street line and the front setback of the building on the lot, or, in the case of a lot of unusual conditions, that property line toward which the building faces or is to face.

(d) "Garbage" means the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of foods.

(e) "Rubbish" means all waste materials not included in the definitions of garbage and ashes.

(f) "Trash" means garbage, ashes and rubbish, as defined.

(g) "Sharps''means needles; syringes; lancets; and other sharp objects.

(Ord. 96-1. Passed 8-19-96; Ord. 2010-02. Passed 5-17-10.)

1060.02 STORAGE REQUIREMENTS.

It is the obligation of every person to provide that all garbage, ashes, rubbish and trash are properly stored pending collection by either the Township or private trash collectors.

(Ord. 96-1. Passed 8-19-96.)

1060.03 CONTAINERS; PAPER.

(a) All garbage, ashes, rubbish and trash shall be placed in a closed container or securely packaged so that it will not be loose, and so that the container will not be overfilled, which may cause it to be blown, dropped or spilled, and garbage, ashes, rubbish and trash shall be stored so as to prevent offensive odors escaping therefrom. Heavy trash bags properly secured are acceptable trash containers.

(Ord. 96-1. Passed 8-19-96.)

(b) Receptacles shall not exceed seventy-five pounds in weight. Paper shall be tied in bundles, fastened together or placed in receptacles so that it will not scatter on the public streets or sidewalks or on private property.

(Ord. 435. Passed 12-20-71.)

1060.04 PLACEMENT FOR COLLECTION.

No garbage, ashes, rubbish or trash shall be placed at the curb for collection before 6:00 p.m., prior to the scheduled collection and pickup of said garbage, ashes, rubbish or trash. After collection of said garbage, ashes, rubbish or trash, all garbage, ashes, rubbish or trash receptacles must be removed from the curb and the front yard by 12:00 midnight of the collection day.

(Ord. 96-1. Passed 8-19-96; Ord. 2008-02. Passed 4-21-08.)

1060.05 COLLECTION AND REMOVAL; FEES.

(a) All garbage, ashes, rubbish or trash from places of residence, and from commercial establishments, except as otherwise herein provided, shall be collected by the Township at such times as the Township may determine.

Commercial establishments may contract with private collectors for the collection of garbage, ashes, rubbish and trash, said collections to be not less frequently than weekly.

(Ord. 435. Passed 12-20-71.)

(b) The fee in 1987 and for each year thereafter for the collection and disposal of garbage, ashes, rubbish and trash collected from each single-family dwelling unit and from each dwelling unit in an apartment shall be sixty-eight dollars ($68.00) per year, payable at the time Township taxes are due, and such fee shall carry the same interest and penalties for late payment.

Such fee shall be payable by the owner of such unit, and upon failure by the owner to pay such fee, the Township may refuse to continue such collections, may enter into a suit at law against such owner for recovery or may enter a Municipal lien against the property being serviced.

(Ord. 86-9. Passed 12-22-86.)

(c) Collection of garbage, ashes, rubbish and trash from commercial establishments by the Township shall be at rates to be set by resolution adopted by the Township Board of Commissioners.

(Ord. 435. Passed 12-20-71.)

1060.06 COLLECTION BY CONTRACTORS; TRANSPORTING; TRASH FROM OUTSIDE TOWNSHIP.

(a) No person, except the person who has a contract with the Township therefor, shall collect, remove, use, dispose of, carry, convey or transport in the Township any garbage, ashes, rubbish or trash produced within the Township or elsewhere.

(b) No person shall transport or carry any garbage, ashes, rubbish or trash on or over any highway in the Township in any vehicle other than a vehicle with a metallic watertight body and covered with a tight-fitting metallic lid sufficient to prevent the escape of odors or any solid or liquid matter. Such lid shall be kept closed at all times except when open for the purpose of loading or unloading garbage, ashes, rubbish or trash, as aforesaid.

(c) No person shall collect or gather garbage, ashes, rubbish or trash from outside the territorial limits of the Township and bring and deposit or use or dispose of the same within the Township limits.

(Ord. 192. Passed 3-18-38.)

1060.07 SCAVENGING.

No person, other than the owner thereof, his or her agents or employees, or an officer or employee of the Township of Lower Chichester, or any person holding a contract with the Township of Lower Chichester for the collection or disposal of garbage, ashes, rubbish and trash, shall collect, tamper or meddle with any garbage, ashes, rubbish or trash, or with any container holding the same, or remove the container or the contents thereof from the location where the same have been placed by the owner thereof or his or her agents or employees.

(Ord. 330. Passed 10-19-59.)

1060.08 NEWSPAPERS.

No trash deposited for collection by the Township shall contain newspapers. Newspapers deposited after March 15, 1985, shall be bundled and placed at curbside for collection on the fourth Wednesday of each month.

(Ord. 85-3. Passed 2-18-85.)

1060.09 ACCUMULATIONS OF TRASH AND CONTAINERS.

Except for the times set forth herein to place garbage, ashes, rubbish and trash for collection, no person shall store or accumulate any garbage, ashes, rubbish or trash or any trash containers, whether empty or not, in the front yard of any lot and/or premises or, in the case of a vacant lot, on the entire lot.

(Ord. 96-1. Passed 8-19-96.)

1060.10 DECLARATION OF NUISANCE.

Any unauthorized accumulation of garbage, ashes, rubbish or trash and the storage of the same in the front yard of any premises are hereby deemed to be nuisances and are prohibited.

(Ord. 96-1. Passed 8-19-96.)

1060.11 DISPOSAL OF OTHER PROPERTY.

It shall be a violation of this chapter for any person to throw, dispose, or deposit any garbage, rubbish, trash, sharps, or other medical waste or recyclables on property other than that which he, she, they, legally occupy.

(Ord. 2010-02. Passed 5-17-10.)

1060.12 DISPOSAL OF SHARPS.

It shall be a violation of this chapter for any person to dispose of any sharps without depositing or placing the sharps in a puncture-resistant, hard plastic or metal container; for example, an empty detergent bottle with a screw on cap/lid, or an empty coffee can with a cap/lid, and closing the container with the original cap/lid and securing same with heavy duty tape. The tightly sealed container shall then be placed in a paper bag and then discarded in a durable trash receptacle that is watertight and made of rust-resistant metal or plastic, and which has a tight fitting lid. The paper bag shall be labeled "Do Not Recycle".

(Ord. 2010-02. Passed 5-17-10.)

1060.13 DUTY IN DISPOSING OF SHARPS.

It shall be the duty of each person disposing of sharps in the durable trash receptacle to keep the receptacles out of reach of children and animals, and to maintain the receptacle in good condition, without ragged or sharp edges.

(Ord. 2010-02. Passed 5-17-10.)

1060.14 VIOLATIONS.

The penalty for violation of this chapter shall be one of health and public safety. See Section 1060.99, and Section 202.99 of the Administration Code for the penalty, not to exceed $1,000.00.

(Ord. 2010-02. Passed 5-17-10.)

1060.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 of the Administration Code for general Code penalty if no specific penalty is provided.)


CHAPTER 1062 - County-Wide Solid Waste Management Plan

1062.01 Definitions.

1062.02 Accumulations and disposal; compliance required.

1062.03 County/Authority operations and charges.

1062.04 Operations by licensed collectors.

1062.05 Disposal at designated site.

1062.06 Private dumps, transfer stations and landfills prohibited.

1062.07 Abatement of nuisance.

1062.08 Rules and regulations.

1062.09 Amendments; contract.

1062.10 Joint cooperation agreement.

1062.11 Adoption of Solid Waste Management Plan.

1062.99 Penalty.

    CROSS REFERENCES

    Accumulation, collection and disposal of garbage and rubbish - see 1st Class § 1502-XXVII

    Containers in food establishments - see B.R. & T. 824.07

    Deposits into sanitary sewer system - see S.U. & P.S. 1042.04

    Garbage and rubbish collection and disposal - see S.U. & P.S. Ch. 1060

1062.01 DEFINITIONS.

As used in this chapter:

(a) "Collector" means any person collecting or transporting Municipal solid waste for owners or occupants of property in the Municipality, including the Municipality itself, if it undertakes the collection of Municipal solid waste directly, and any business or institution within the Municipality which generates Municipal solid waste and uses its own employees and equipment for the collection and transport of the waste.

(b) "Contractor" means one or more contractors with whom the County or the Delaware County Solid Waste Authority (hereinafter referred to as the "Authority" contracts for construction and operation of the proposed resource recovery plant or plants or other solid waste facilities.

(c) "Municipal solid waste" means any garbage, refuse, industrial lunchroom or office waste and other material, including solid or semisolid material generated in residential, Municipal, commercial or institutional establishments and from community activities, and other solid waste which is within the definition of "municipal solid waste" as set forth in the Act and which the County, the Authority or a contractor, by its ordinance or regulations, is willing to accept at the plant, but excluding:

  (1) Any liquid waste or sludge;

  (2) All wastes which are defined by existing or future Federal or State law or regulations as hazardous waste or industrial residual waste;

  (3) Any waste which may be marketable and which is intentionally segregated for purposes of recycling; and

  (4) Materials specifically excluded under applicable County ordinances.

(d) "Municipality" means the Township of Lower Chichester, Pennsylvania.

(e) "Person" means any individual, partnership, association, corporation or governmental entity, with the exception of the County, the Authority or designated contractor.

(f) "Plant" means the energy and/or material recovery facility or facilities, the transfer station or solid waste plants owned by the County, the Authority or the contractor, including all associated property and equipment.

(g) "Solid waste facility" means any site owned and operated by the County, the Authority or its designated contractor for the purpose of transfer, processing or disposal of Municipal solid waste, including landfills, resource recovery plants and transfer stations.

(Ord. 87-5. Passed 7-20-87.)

1062.02 ACCUMULATIONS AND DISPOSAL; COMPLIANCE REQUIRED.

No person shall accumulate any Municipal solid waste upon any property in the Municipality, or dispose of it, except in accordance with this chapter and other applicable laws, ordinances or regulations. A violation of this section shall be deemed to be a public nuisance.

(Ord. 87-5. Passed 7-20-87.)

1062.03 COUNTY/AUTHORITY OPERATIONS AND CHARGES.

The Municipality has been advised by the County that the Solid Waste Plan proposes to provide for a plant or plants which will be operated efficiently and economically by the contractor and/or by the County and in accordance with all applicable laws and regulations, and also that the contractor and/or the County will impose reasonable charges, which will be uniform among all classes of users of the plant or plants.

(Ord. 87-5. Passed 7-20-87.)

1062.04 OPERATIONS BY LICENSED COLLECTORS.

Except as it pertains to Municipal solid waste collected directly by the Municipality, all collectors of Municipal solid waste generated within the Municipality shall be licensed by the Municipality and shall be responsible for collecting Municipal solid waste from properties in the Municipality pursuant to a contract between them and the Municipality and/or contracts between them and the owners or occupants of properties.

(Ord. 87-5. Passed 7-20-87.)

1062.05 DISPOSAL AT DESIGNATED SITE.

All collectors shall deliver and dispose of all Municipal solid waste collected within the Municipality at the solid waste facility designated by the County, subject to such reasonable regulations for the operation thereof as may be established by the County and/or the contractor. Delivery and disposal at any other place shall be a violation of this chapter and cause for revocation of the collector's license, except in special circumstances approved in advance by the Municipality and the County and/or the contractor. All collectors shall comply in their operation with all applicable laws, ordinances and regulations pertaining to the collection and transportation of Municipal solid waste.

(Ord. 87-5. Passed 7-20-87.)

1062.06 PRIVATE DUMPS, TRANSFER STATIONS AND LANDFILLS PROHIBITED.

No person shall use or permit to be used any property owned or occupied by him or her within the Municipality as a public or private dump, transfer station or landfill for Municipal solid waste, whether generated within the Municipality or elsewhere, without the express written approval of the Municipality.

(Ord. 87-5. Passed 7-20-87.)

1062.07 ABATEMENT OF NUISANCE.

In addition to the penalty provided in Section 1062.99, any continued violation of this chapter or other applicable law which shall constitute a nuisance in fact, or which, in the opinion of the governing body of the Municipality, shall constitute a nuisance, may be abated by proceeding for relief against the violator in a court of equity.

(Ord. 87-5. Passed 7-20-87.)

1062.08 RULES AND REGULATIONS.

The collection of Municipal solid waste in the Municipality and the disposal thereof shall be subject to such further reasonable rules and regulations as may from time to time be promulgated by the governing body of the Municipality, including, but without limitation, regulations as to the form of license application, the amount of fee to be charged for licenses and the terms of the licenses and license issuance procedures. However, no such rules or regulations shall be contrary to the provisions of this chapter, the County Solid Waste Plan or applicable law.

(Ord. 87-5. Passed 7-20-87.)

1062.09 AMENDMENTS; CONTRACT.

The Municipality reserves the right to amend this chapter or to repeal it at any time, provided, however, that the requirement for use of the designated solid waste facility for disposal of Municipal solid waste from the Municipality shall not be amended or repealed without the prior express written approval of the County during the term of the contract between the County (or the Authority) and the contractor providing for the construction and operation of the plant, which contract shall have a term of twenty-five years. For the purpose of securing the contractor's financing, such requirement shall be deemed to be a contract between the County, the contractor and the Municipality, which the Municipality (subject to the terms of the joint cooperation agreement set forth below) agrees to enforce so that the Municipal solid waste from the Municipality will be available to provide a source of energy for the plant. If the Municipality is not now a collector but in the future becomes a collector, it agrees to deliver all Municipal solid waste so collected to the plant.

(Ord. 87-5. Passed 7-20-87.)

1062.10 JOINT COOPERATION AGREEMENT.

(a) The Municipality agrees to deliver or cause to be delivered, during the term of this Agreement, all Municipal solid waste generated within the Municipality for disposal at a facility designated by the County.

(b) The County agrees to accept for disposal all such Municipal solid waste described in subsection (a) hereof upon completion and commencement of operation of the plant in accordance with a contract with the contractor, containing terms satisfactory to the County and providing for construction and operation of the plant.

(c) The term of this Agreement shall be for a period of twenty-five years, and said term shall commence on the date the County advises the Municipality that the plant is operational. The Municipality, at its option, may terminate this Agreement with thirty-days written notice to the County in the event that the Municipality will incur substantial costs over and above the costs generally accepted by the other municipalities in delivering Municipal solid waste to the County during the term of this Agreement, provided that the Municipality has first obtained final approval from the Department of Environmental Resources for its own plan under the Act or an approval from the Department for a modification that brings the Municipality under another plan that has already obtained final approval. It is understood, however, that upon any such termination of this Agreement by the Municipality, the County, the Authority and/or the County's contractor shall be relieved of any responsibility to accept and dispose of Municipal solid waste generated within the Municipality. It is further understood that any such termination of this Agreement by the Municipality shall constitute a repeal, whether express or implied, of Section 1062.11.

(d) The County shall hold harmless and defend the Municipality from any suit, claim or action challenging the legality of this chapter against the Municipality. In the event that any such suit, claim or action is brought against the Municipality, the Municipality shall authorize the County, through its designated legal counsel, to defend against the same, shall cooperate with the County in said defense and shall give the County Solicitor notice of any such suit, claim or action within five days of the Municipality's receiving notice thereof.

(Ord. 87-5. Passed 7-20-87.)

1062.11 ADOPTION OF SOLID WASTE MANAGEMENT PLAN.

(a) The Department of Environmental Resources has recommended that the requirements of the Solid Waste Management Act can best be accomplished on a county-wide basis.

(b) The Municipality, by resolution, authorizes the County to prepare the Solid Waste Management Plan on the Municipality's behalf.

(c) The County, through the staff of its Public Works Department, its Planning Commission and Charles M. Harris and Associates, Inc., Consulting Engineers, prepared a ten-year plan for solid waste management.

(d) The appropriate Municipal officials of the Municipality have reviewed the findings and recommendations of the Plan as it affects this Municipality, have found the Plan acceptable and have recommended that the Plan be adopted.

(e) The Municipality, accordingly, hereby accepts and adopts the Solid Waste Management Study prepared by the County as the ten-year Plan for Solid Waste Management required by the Act.

(f) The County is hereby authorized to submit the Plan to the Department of Environmental Resources for final approval on behalf of the Municipality.

(Ord. 87-5. Passed 7-20-87.)

1062.99 PENALTY.

Whoever violates or fails to comply with any of the provisions of this chapter shall be fined not more than three hundred dollars ($300.00) and, in default of the payment thereof, shall be committed to the County Jail for a period not exceeding thirty days. A separate offense shall be deemed committed for each truckload of Municipal solid waste delivered and disposed of at a solid waste site other than the County's designated facility and for each day that a violation of or noncompliance with any of the provisions of this chapter occurs or continues.

(Ord. 87-5. Passed 7-20-87.)



CHAPTER 1063 - Park Regulations Generally

1063.01 Regulations for park use.

1063.02 Prohibited activities.

1063.03 Exemptions from regulations.

1063.99 Penalty.

1063.01 REGULATIONS FOR PARK USE.

No person, firm, or corporation shall use any park, recreational area, or other land owned, leased, maintained or operated by the Township, unless such person, firm, or corporation complies strictly with the provisions of this chapter.

(Ord. 2003-06. Passed 4-21-03.)

1063.02 PROHIBITED ACTIVITIES.

No person, firm, or corporation using park, recreational area, or other land owned, leased, maintained or operated by the Township shall do any of the following:

(a) Build any fires anywhere in such park, recreational area or other land, except in fireplaces provided for such purposes. Such fires shall be guarded at all times and shall be extinguished before the person guarding the same leaves.

(b) Cut, mutilate, remove or destroy in any manner whatsoever, any trees, shrubbery, flowers, plants or wood.

(c) Deface, mark, damage, remove or destroy any buildings, ornaments, posters, fences, gates or guard-railings, or any other property in any manner whatsoever.

(d) Use intoxicating drinks or beverages, or engage in an intoxicated condition and use indecent language, gamble or conduct himself in any disorderly manner.

(e) Be accompanied by dogs or permit the entry of dogs, except when on a leash. Said dog shall not be permitted to cause annoyance to other persons by barking, yelping, howling or causing any other unseemly noise. No dogs shall be permitted to injure any person by biting, jumping on, knocking down, or attacking such person. No dog shall be permitted to damage or injure personal property, real estate, shrubs, hedges, flowers or any growing thing by running over or across such property or by urinating thereon or defiling the same or by causing excrement to be placed thereon. The owner, keeper or person in possession of said dog that deposits excrement on said public property shall remove such excrement immediately and dispose of it in a sanitary manner. Such owner, keeper, or person in possession of said dog shall have in the person's possession all necessary items in order to remove such excrement immediately and dispose of it in a sanitary manner.

(f) Litter grounds with refuse or place refuge and rubbish anywhere except in barrels and/or containers provided for that purpose.

(g) Park properly registered motor vehicles anywhere within such areas except in places designated for parking.

(h) Operate any motor vehicle at a speed in excess of fifteen miles per hour or in any manner that evidences the lack of due care and regard for the safety of property or persons within such area.

(i) Use the park, recreational area or other land at any time after sunset and before sunrise unless a permit is first obtained for such privilege by application to the Township Secretary or designated agent.

(j) No organized group shall use the park, recreational areas or other land unless a permit therefore is applied for and first obtained from the Township Secretary or designated agent.

(k) Operate any motor driven vehicles or devices, including but not limited to all terrain vehicles, snowmobiles, mini-bikes, scooters, skateboards, power wheels, pedal-cycles, motorized go-carts or motorcycles in any park, recreational area or other land owned, lease, maintained or operated by the Township. Entry and exit to designated parking areas will be permitted by properly licensed operators, operating properly inspected and properly registered motor vehicles.

(l) Use any bow and arrow, firearms, cross-bows, paint ball guns, bb guns or other dangerous instruments or devices.

(m) The use of skateboards.

(Ord. 2003-06. Passed 4-21-03.)

1063.03 EXEMPTIONS FROM REGULATIONS.

This chapter shall not apply to any person who is handicapped, disabled, or physically challenged with respect to that person's use of a motor driven vehicle or device, which vehicle or device is a reasonable and necessary mode of transportation for said person, and which device is approved by the Americans with Disability Act.

(Ord. 2003-06. Passed 4-21-03.)

1063.99 PENALTY.

Any person, firm or corporation violating any provision of this chapter shall upon conviction be punishable by a fine not exceeding one thousand dollars ($1,000), plus costs of prosecution and in default of payment of such fine and costs, shall be imprisoned for a term not exceeding thirty days.

(Ord. 2003-06. Passed 4-21-03.)


CHAPTER 1064 - Linwood Municipal Park

1064.01 Designation.

1064.02 Regulations.

1064.03 Commemorative tree garden.

1064.99 Penalty.

    CROSS REFERENCES

    Streets in or near State parks - see 1st Class § 2030

    Acquisition of lands and buildings for parks, recreation areas and facilities - see 1st Class § 3001

    Board of Recreation - see ADM. Ch. 276

    Playground Commission - see ADM. Ch. 278

    Hewes Avenue Park - see GEN. OFF. 662.02

    Linwood Youth Center - see S.U. & P.S. Ch. 1066

    Recreation areas - see P. & Z. 1290.08

1064.01 DESIGNATION.

The area on the west side of Hewes Avenue between Worrilow Street and Edward Street, presently owned by the Sun Oil Company and leased to the Township, is hereby designated as Linwood Municipal Park. An appropriate sign shall be erected designating the name. Improvements shall be made to the Park as funds shall permit.

(Res. 510. Passed 7-19-71.)

1064.02 REGULATIONS.

The following rules and regulations shall govern the use of Linwood Municipal Park:

(a) The Park will close at dusk.

(b) No alcoholic beverages shall be permitted in the Park.

(c) No vehicles shall be parked except in designated parking areas.

(d) All vehicles must be driven on the Park roadway only.

(e) No vehicle shall exceed five miles per hour.

(f) No motorcycles or minibikes or dirt bikes will be permitted in the Park.

(g) No dogs shall be permitted in the Park at any time.

(h) Picnic areas must be cleaned after usage.

(i) Persons damaging Park property will be held responsible for the damage.

(j) Any large group desiring to hold a picnic must obtain a written permit from the Township Secretary.

(Res. 83-4. Passed 7-18-83.)

1064.03 COMMEMORATIVE TREE GARDEN.

(a) A commemorative tree garden in the Linwood Municipal Park is hereby approved, pursuant to the plans of Cataria Engineering Associates, Inc. The Board of Commissioners will adopt rules and regulations concerning costs and the maintenance of said commemorative tree garden.

(Res. 98-26. Passed 10-19-98.)

(b) The Board of Commissioners will pay fifty percent of the cost of any tree planted in the commemorative tree garden area, since the trees that will be planted will be those approved by the Township and will be used as part of the beautification of the Township. Fifty percent of the cost will be paid by those persons requesting a tree planting.

(Res. 98-29. Passed 11-16-98.)

1064.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 of the Administration Code for general Code penalty if no specific penalty is provided.)


CHAPTER 1066 - Linwood Youth Center

1066.01 Designation of Linwood Youth Center-Moffett Building.

1066.02 Designation of John T. Lamplugh Youth Center Annex.

    CROSS REFERENCES

    Streets in or near State parks - see 1st Class § 2030

    Acquisition of lands and buildings for parks, recreation areas and facilities - see 1st Class § 3001

    Board of Recreation - see ADM. Ch. 276

    Playground Commission - see ADM. Ch. 278

    Hewes Avenue Park - see GEN. OFF. 662.02

    Linwood Municipal Park - see S.U. & P.S. Ch. 1064

    Recreation areas - see P. & Z. 1290.08

1066.01 DESIGNATION OF LINWOOD YOUTH CENTER-MOFFETT BUILDING.

To acknowledge the appreciation of the community for the civic efforts of J. Eugene Moffett, the Linwood Youth Center shall henceforth be known as the Linwood Youth Center-Moffett Building.

(Res. 313. Passed 12-30-59.)

1066.02 DESIGNATION OF JOHN T. LAMPLUGH YOUTH CENTER ANNEX.

To commemorate John T. Lamplugh in the official records of the Township, the addition built in 1984 to the Linwood Youth Center-Moffett Building shall hereafter be known as the John T. Lamplugh Youth Center Annex.

(Res. 84-13. Passed 9-17-84.)


CHAPTER 1068 - Fiumara Community Building

1068.01 Designation.

    CROSS REFERENCES

    Streets in or near State parks - see 1st Class § 2030

    Acquisition of lands and buildings for parks, recreation areas and facilities - see 1st Class § 3001

    Board of Recreation - see ADM. Ch. 276

    Playground Commission - see ADM. Ch. 278

    Hewes Avenue Park - see GEN. OFF. 662.02

    Linwood Municipal Park - see S.U. & P.S. Ch. 1064

    Linwood Youth Center - see S.U. & P.S. Ch. 1066

    Recreation areas - see P. & Z. 1290.08

1068.01 DESIGNATION.

The public hall on property located on Ridge Avenue and recently acquired by the Township from St. Martin's Episcopal Church is hereby designated and named the Fiumara Community Building as and for a memorial to James J. Fiumara.

(Res. 73-6. Passed 1-15-73.)

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