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CHAPTER 26
WATER
PART 1
STORMWATER MANAGEMENT
A.
General Provisions.
§26-101.
§26-102.
§26-103.
§26-104.
§26-105.
§26-106.
§26-107.
§26-108.
B.
Definitions.
§26-111.
C.
Definitions
Plan Requirements.
§26-121.
§26-122.
§26-123.
§26-124.
§26-125.
§26-126.
§26-127.
§26-128.
§26-129.
§26-130.
§26-131.
§26-132.
§26-133.
D.
Title
Purpose and Legislative Intent
Adoption; Authority; Applicability
Abrogation and Greater Restrictions
Municipal Liability
Repealer
Severability
Right-of-Entry
General Requirements
Exemptions
Plan Contents; Minor Land Disturbance
Plan Contents; Major Land Disturbance
Application Procedure
Application Requirements
Waiver and Appeal Procedure
Expiration of a Stormwater Management Permit
Financial Security
Liability Insurance
Record Drawings
Inspection During Construction
Fees
Design Standards.
§26-141.
§26-142.
§26-143.
§26-144.
§26-145.
General Design Recommendations
General Design Requirements
Methods for Calculation of Runoff
Design Standards; Detention and Retention Facilities
Design Standards; Collection and Conveyance Facilities
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§26-146.
§26-147.
§26-148.
E.
Construction and Maintenance.
§26-151.
§26-152.
F.
Design Standards; Erosion and Sedimentation Control
Design Standards; Best Management Practices (BMP)
Stormwater Management Districts
Maintenance of Stormwater Management Facilities and BMP Facilities
Permanence of Stormwater Management Facilities
Administration.
§26-161.
§26-162.
§26-163.
§26-164.
Remedies
Penalties
Appeals
Adoption and Effective Date
PART 2
WATER CONNECTIONS
A.
Harmony Junction Water System of the Jackson Township Water Authority.
§26-201.
§26-202.
§26-203.
§26-204.
§26-205.
§26-206.
B.
Definitions
Use of Water System Required
Connections
Enforcement
Miscellaneous
Rules and Regulations
Pennsylvania-American Water Company.
§26-211.
§26-212.
§26-213.
§26-214.
§26-215.
§26-216.
Definitions
Use of Water System Required
Connections
Enforcement
Miscellaneous
Rules and Regulations
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(26, PART 1)
PART 1
STORMWATER MANAGEMENT
A.
General Provisions.
§26-101.
Title.
This Part shall be known as the "Jackson Township Stormwater Management Ordinance"
(Ord. 96-11, 6/26/1996, §101)
§26-102.
Purpose and Legislative Intent.
The purpose of this Part is to:
A.
In the enactment of this Part, it is the legislative intent of the Board of
Supervisors to implement the policies set forth in various statutes of the State
and Federal governments including, but not limited to, the Pennsylvania
Clean Streams Law, Act of June 22, 1937, P.L. 1987, as amended, 35 P.S.
§691.1 et seq.; the Pennsylvania Scenic Rivers Act, Act of December 5, 1972,
P.L. 1277, No. 283, 32 P.S. §820.21 et seq.; and the Federal Water Pollution
Control Act, commonly known as the Clean Water Act, 33 U.S.C. §1251 et seq.
B.
The purposes of this Part are to promote the general health, safety and welfare
of the community, regulate the modification of the natural terrain and
alterations of existing drainage from land disturbances, new subdivisions and
new land developments in order to control erosion and sedimentation of soils
and preserve stream channels and water quality; and provide design,
construction and maintenance, and storm drainage facilities for controlling
stormwater, erosion, and sedimentation and maintaining the quality of the
watersheds within the Township.
(Ord. 96-11, 6/26/1996, §102)
§26-103.
Adoption; Authority; Applicability.
The Board of Supervisors of the Township of Jackson pursuant to the Pennsylvania Storm
Water Management Act, Act No. 167 of October 4, 1978 (P.L. 864), and the Second Class
Township Code, Act of May 1, 1933 (P.L. 103, No. 69), reenacted and amended November
9, 1995 (P.L. 350, No. 60), as amended, hereby enacts and ordains this Part as the
"Jackson Township Stormwater Ordinance." This Part shall apply to all land disturbance
activities as defined in §26-111 of this Part.
(Ord. 96-11, 6/26/1996, §103)
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§26-104.
Abrogation and Greater Restrictions.
This Part supersedes any provisions currently in effect with respect to stormwater
management and erosion control. However, all other ordinances and regulations shall
remain in full force and effect to the extent that those provisions are more restrictive.
(Ord. 96-11, 6/26/1996, §104)
§26-105.
Municipal Liability.
The degree of stormwater management sought by the provisions of this Part is considered
reasonable for regulatory purposes. The issuance of permits by the Township of Jackson,
its officers or employees shall not be deemed to relieve the developer of responsibility, if
any such responsibility exists, to those adversely affected by the drainage of water.
Further, the Township through the issuance of a permit assumes no responsibility to either
the developer or the adjoining property owner affected by the drainage of water.
(Ord. 96-11, 6/26/1996, §105)
§26-106.
Repealer.
Any resolution, ordinance or part of any resolution or ordinance inconsistent herewith any
amendments thereof are hereby repealed to the extent of the inconsistency only.
(Ord. 96-11, 6/26/1996, §106)
§26-107.
Severability.
Should any Section, subsection or provision of this Part be declared invalid by a court of
competent jurisdiction, such decision shall not affect the validity of the Part as a whole,
or of any part thereof.
(Ord. 96-11, 6/26/1996, §107)
§26-108.
Right-of-Entry.
1.
Upon presentation of proper credentials, duly authorized representatives of the
Township of Jackson may enter at reasonable times upon any property within the
municipality to investigate or ascertain the condition of the subject property in
regard to any aspect regulated by this Part.
2.
The landowner shall grant to the Township, or its agents, access to the site of the
work at all times, while under construction, for the purpose of inspecting the work.
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(26, PART 1)
(Ord. 96-11, 6/26/1996, §108)
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(26, PART 1)
B.
Definitions.
§26-111.
Definitions.
1.
Unless otherwise stated, the following words shall for the purpose of this Part have
the meaning herein indicated. Words in the present tense include the future tense.
Words in singular include the plural and words in the plural include the singular.
2.
The masculine gender includes the feminine gender and the neuter. The word
"person" includes a partnership, corporation, association, trust, estate or any other
legally recognized entity as well as an individual and the officers of any corporation
and the members of any partnership. The word "shall" is to be interpreted as
mandatory; the word "may" is directory. References to codes, ordinances, resolutions, plans, maps, governmental bodies, commissions or agencies or officials are to
codes, ordinances, resolutions, plans, maps, governmental bodies, commissions or
agencies or officials of the Township of Jackson or the Commonwealth of Pennsylvania as in effect or office from time to time including amendments thereto or revisions
or successors thereof, unless the text indicates another reference is intended.
ACCELERATED EROSION - the removal of the surface of land through the
combined action of man's activities and the natural processes at a rate greater
than would occur because of the natural process alone.
AGRICULTURAL USE OF LAND - the plowing and tilling of land in
accordance with approved conservation and erosion control practices; also land
which has been diverted from agricultural use by an active Federal farm
program; provided, the land has a conservation cover of grass, legume, trees,
or wildlife shrubs.
APPLICANT - a landowner, as herein defined, or agent of the landowner, who
has filed an application for a stormwater management permit.
BEST MANAGEMENT PRACTICE (BMP) - structural devices or other
methods that temporarily store or treat stormwater runoff to reduce
suspended solids, remove pollutants and provide other environmental
amenities.
CHANNEL - a natural or artificial watercourse with a definite bed and banks
which confine and conduct continuously or periodically flowing water.
CODE ENFORCEMENT OFFICER - the person appointed by the Board of
Supervisors of the Township to administer and enforce the provisions of this
Part.
CULVERT - a structure with appurtenant works which carries a watercourse
under or through an embankment or fill.
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DEDICATION - the deliberate appropriation of property by its owner for
general public use.
DESIGN STORM - the magnitude of precipitation from a storm event
measured in probability of occurrence (e.g., 10 year storm) and duration (e.g.,
24 hour) and used in computing stormwater management control systems.
DETENTION BASIN - a vegetated basin designed to drain completely after
storing runoff only for a given storm event and releasing it at a predetermined
rate. Also known as a “dry pond.”
DEVELOPMENT - any manmade change to improved or unimproved real
estate, including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, logging, excavation or drilling operations.
DEVELOPER - any landowner, agent of such landowner or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development or other activities covered by this Part.
DRAINAGE EASEMENT - a right granted by a landowner to a grantee,
allowing the use of private land for stormwater management purposes.
ENERGY DISSIPATOR - a device used to slow the velocity of stormwater,
particularly at points of concentrated discharge such as pipe outlets.
EROSION - the removal of soil particles by the action of water, wind, ice or
other geological agents.
FLOODPLAIN - any area susceptible to being inundated by water from
natural sources.
GRASSED WATERWAY - a manmade drainage way of parabolic or
trapezoidal cross-section shaped to required dimensions and vegetated for safe
disposal of runoff. (Also known as a “swale.”)
HOLDING POND - a retention or detention pond.
IMPERVIOUS SURFACE - a surface which prevents the percolation of
water into the ground.
INTENSIVE AGRICULTURAL PRODUCTION FACILITY - a building,
structure and/or facility specially designed, constructed and/or operated for the
intensive and accelerated raising of poultry, animal and/or agricultural
produce and/or by-products of the same for commercial sale. An environmental control house or other confined housing for poultry, animal and/or
agricultural produce and/or by-products.
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(26, PART 1)
(1)
The improvement of one lot or two or more contiguous lots, tracts or
parcels of land for any purpose involving: (i) a group of two or more
residential or nonresidential buildings, whether proposed initially or
cumulative, or a single nonresidential building on a lot or lots regardless
of the number of occupants or tenure; or (ii) the division or allocation of
land or space, whether initially or cumulatively, between or among two
or more existing or prospective occupants by means of or for the purpose
of streets, common areas, leaseholds, condominiums, building groups or
other features.
(2)
A subdivision of land.
LANDOWNER - the legal or beneficial owner or owners of land, including the
holder of an option or contract to purchase (whether or not such option or
contract is subject to any condition), a lessee if he is authorized under the lease
to exercise the rights of the landowner or other persons having a proprietary
interest in land.
LAND DISTURBANCE ACTIVITY - any use involving the installation of
ground cover, grading, paving, filling or excavation of land; or the erection of
a dwelling or other structure; or the modification, removal, filling, or
alternation of an existing stormwater management facility or drainage
easement. Land disturbance activities shall be classified as follows:
(1)
(2)
Major Land Disturbance Activity.
(a)
Any land disturbance not defined as a minor land disturbance
activity or deemed to qualify as a minor land disturbance activity
by the Code Enforcement Officer.
(b)
Any use involving the diversion, traversing or piping of any
natural or manmade watercourse or existing drainage pattern.
(c)
Any use involving the installation of ground cover, grading, filling,
excavation, paving or destruction of woodland in excess of 1 acre,
except for the agricultural use of land when operated in accordance with a farm conversation plan approved by the Butler
County Conservation District.
(d)
Any nonresidential development including, but not limited to,
commercial, industrial and institutional development, but not
including nonresidential development meeting the criteria set
forth in subsection (2)(A)(4), below.
(e)
Any use requiring the submission or a subdivision or land
development plan.
Minor Land Disturbance Activity.
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(a)
(b)
The use of land on an existing lot of record or the use of land on
subdivided lots or land developments approved under a major land
disturbance activity; provided, that:
1)
The use is not within a floodplain area.
2)
No diversion, traversing, or piping of any natural or manmade watercourse or existing drainage pattern is involved.
3)
A residential use does not involve the removal of ground
cover, grading, filling, paving or excavation of more than 1
acre.
4)
A nonresidential use does not involve construction of a
building or building addition or involve the removal of
ground cover, grading, filling, paving or excavation of more
than 1 acre.
5)
The use does not require the submittal and approval of a
subdivision or land development plan by the applicable body
having jurisdiction to require submission of and approve
such plans.
Any use of land which, in the opinion of the Code Enforcement
Officer, represents minimal ground disturbance or potential
impact to the environment.
MAXIMUM WATER SURFACE ELEVATION - the maximum possible
height of water flowing or standing in any runoff collection, conveyance or
impoundment facility during a 100 year storm event for detention and
retention facilities, the maximum water surface elevation shall be that
elevation determined by routings (or calculations) of the 100 year storm
assuming clogged (zero outflow) primary and secondary outlet devices and by
utilizing the emergency spillway as the only outlet device.
MUNICIPALITY - the Township of Jackson, Butler County, Pennsylvania.
NATURAL WATERCOURSE - a natural watercourse or channel (not
manmade) with a definite bed and banks which confine and conduct continuously or periodically flowing water.
ON-SITE STORMWATER MANAGEMENT - the control of runoff to allow
water falling on a given site to be absorbed or detained onsite to the extent
that after development the peak rate of discharge leaving the site is not
greater than if the site had remained undeveloped.
PEAK DISCHARGE - the maximum rate of flow of water at a given point and
time resulting from a specified storm event.
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(26, PART 1)
PROJECT SITE - the total area of land under land disturbance or development, or the total area of the lot being disturbed, whichever is greater.
RECORD DRAWING - set of prints of the original facilities showing those
changes made during the construction process also referred to as as-built
drawings.
RETENTION POND - a pond, designed to store runoff, with no principal
discharge device. Water is released via percolation into the soil of the pond's
floor.
SEDIMENT BASIN - a temporary dam or barrier constructed across a
waterway or at other suitable locations to intercept the runoff and to trap and
retain the sediment.
STORM SEWER - a system of pipes, conduits or other similar structures,
including appurtenant works which carries intercepted runoff and convey it
underground, but excludes domestic sewage and industrial waters.
STORMWATER - drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
STORMWATER MANAGEMENT - a program of controls and measures,
including BMPs designed to regulate the quantity and quality of stormwater
runoff from a development while promoting the protection and conservation
of groundwaters and groundwater recharge.
STORMWATER MANAGEMENT FACILITIES - those controls and
measures used to effect a stormwater management program.
STREET - a highway, road, avenue, lane or alley, whether publicly or
privately owned, which includes an impervious surface cartway.
SUBDIVISION - the division or redivision of a lot, tract or parcel of land by
any means into two or more lots, tracts, parcels or other division of land,
including changes in existing lot lines for the purpose, whether immediate or
future, of lease, partition by the court for distribution to heirs or devisees,
transfer of ownership or building or lot development.
TOWNSHIP - the Township of Jackson, Butler County, Pennsylvania.
WATERCOURSE - a permanent or intermittent stream, river, brook, creek,
run, channel, swale, pond, lake or other body of water, whether natural or
manmade, for gathering or carrying surface water.
WETLANDS - area inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support a prevalence of vegetation
adapted for life in saturated soil conditions. Includes swamps, marshes and
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bogs. Wetlands can be very effective in the removal of pollutants from
stormwater runoff. Jurisdictional wetlands are those delineated in accordance
with procedures outlined in the 1989 Federal Manual for Identifying and
Delineating Jurisdictional Wetland, as amended.
WET POND - a detention basin designed to include a permanent pool of
water; stormwater is stored above the pool elevation and is released at a
predetermined rate.
(Ord. 96-11, 6/26/1996, §201)
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(26, PART 1)
C.
Plan Requirements.
§26-121.
General Requirements.
In accordance with §26-103 of this Part, a land disturbance activity, as defined in §26-111
of this Part, shall not be initiated until a stormwater management permit has been issued.
(Ord. 96-11, 6/26/1996, §301)
§26-122.
Exemptions.
The following activities are specifically exempt from the plan requirements of this Part:
A.
Use of land for gardening and landscaping of the property, when performed as
an accessory use to the primary use of the property and when it involves less
than 1000 square feet of land disturbance.
B.
Agricultural plowing and tilling shall be exempt from the requirements of this
Part when operated in accordance with approved conservation and erosion
control practices.
C.
Agricultural buildings, except intensive agricultural production facilities, shall
be exempt from the requirements of this Part when the property is operated
in accordance with a current conservation plan or erosion control plan. If
there is not a current conservation plan or erosion control plan for the
property, applicant shall have the option to comply with the requirements of
this Part or to have a conservation plan or erosion control plan and implementation schedule prepared, which said plan and schedule shall be approved by
the Butler County Conservation District.
(Ord. 96-11, 6/26/1996, §302)
§26-123.
Plan Contents; Minor Land Disturbance.
1.
The minor land disturbance plan shall include a general plan of the lot configuration,
existing and proposed building location, grading, stormwater management facilities
and erosion and sedimentation control facilities.
2.
Although the plan need not demonstrate literal compliance with all provisions of
plan requirements within §26-124 and the design standards of Part 1D, the plan
must demonstrate that the proposed activity will comply with the intent of this Part
as outlined within §26-102.
3.
The Code Enforcement Officer may require additional information or invoke any
Section of this Part deemed necessary to adequately demonstrate compliance with
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the intent of this Part. The requirements of the Code Enforcement Officer may be
appealed to the Board of Supervisors in accordance with §26-163 of this Part.
(Ord. 96-11, 6/26/1996, §303)
§26-124.
Plan Contents; Major Land Disturbance.
The following items shall be included as part of the stormwater management plan:
A.
The following general information:
(1)
Proposed name or identifying title of the project.
(2)
Name and address of the landowner and developer of the project site.
(3)
Total acreage of the project site and the tract of land on which the
project site is located.
(4)
Plan date, date of latest revision, north point, graphic scale and written
scale. All plans shall be drawn at a common engineering scale.
(5)
A location map, for the purpose of locating the project site to be
developed, at a minimum scale of 2,000 feet to the inch, showing the
relation of the tract to adjoining property and to all streets and
Township boundaries existing within 1,000 feet of any part of the tract
of land on which the project site is proposed to be developed.
(6)
A note on the plan indicating any area that is not to be offered for
dedication along with a statement that the Township is not responsible
for maintenance of any area not dedicated to and accepted for public use
and that no alteration to swales, or basins or placement of structures
shall be permitted within easements.
(7)
Certificate, signed and sealed by an individual registered in the
Commonwealth of Pennsylvania and qualified to perform such duties,
indicating compliance with the provisions of this Part.
(8)
A Pennsylvania Department of Transportation highway occupancy
permit for any stormwater management facility proposed within or
affecting the right-of-way of a State road.
(9)
Receipt of appropriate State and Federal permits for all activities in or
along any bodies of water, waters of the Commonwealth, waters of the
United States or wetlands.
(10) Receipt of approvals or permits from the appropriate agency for the
erosion and sedimentation control plan.
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(26, PART 1)
B.
The following existing features:
(1)
Tract boundaries showing distances, bearings and curve data, as located
by field survey or by deed plotting.
(2)
Existing contours shall be shown at a minimum vertical interval of 1
foot for land with average natural slope of 3% or less, 2 feet for land with
average natural slope between 3% and 20%, and at a minimum vertical
interval of 5 feet for more steeply sloping land. Contour intervals may
be adjusted based upon horizontal scale with concurrence of the
Township Engineer. Contours shall be accompanied by the location of
the bench mark and a notation indicating the datum used. Contours
plotted by interpolation of the United States Geodetic Survey mapping
will not be accepted.
(3)
The names of all owners of all immediately adjacent land, the names of
all proposed or existing developments immediately adjacent and the
locations and dimensions of any streets or easements shown thereon.
(4)
The following items when located within 200 feet of the subject tract:
(5)
(a)
The location and name of existing rights-of-way and cartways for
private or public streets, alleys and driveways.
(b)
The location of the following features and any related right-of-way:
sanitary sewer mains, water supply mains, fire hydrants, buildings and stormwater collection, conveyance and management
facilities.
(c)
The location of existing rights-of-way and easements for electric,
gas and oil transmission lines, and railroads.
(d)
Significant environmental or topographic features such as
floodplains, wetlands, quarry sites, solid waste disposal areas,
historic structures, cemetery or burial sites, archaeologic sites,
highly erosive soils or wooded areas.
(e)
The size, capacity and condition of the existing stormwater
management system and any other facility that may be used to
convey, collect, or manage storm flows. This information shall
include the length, slope, inverts, and materials of the facilities.
[Ord. 02-11]
The following items when located within the subject tract:
(a)
The location, name and dimensions of existing rights-of-way and
cartways for streets, alleys and driveways.
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C.
(b)
The location and size of the following features and related
rights-of-way: sanitary sewer mains, water supply mains, fire
hydrants, buildings and stormwater management facilities.
(c)
The location of existing rights-of-way for electric, gas and oil
transmission lines, and railroads.
(d)
The size, capacity and condition of the existing stormwater
management system and any other facility that may be used to
convey, collect, or manage storm flows. This information shall
include the length, slope, inverts and materials of the facilities.
[Ord. 02-11]
(e)
The location and size of existing onlot sewage systems and wells.
(f)
Environmental or topographic features including, but not limited
to, wetlands, streams, watercourses, floodplains, quarry sites,
solid waste disposal areas, historic structures, cemetery or burial
sites, archaeologic sites, highly erosive soils, wooded areas or steep
slopes.
(6)
Soil types as designated by the current USDA SCS Soil Survey of Butler
County, as amended.
(7)
A map which shows the designation and limits of onsite watershed
areas, offsite watershed areas and time of concentration paths.
The following proposed features:
(1)
The proposed land use, the number of lots and dwelling units and the
extent of commercial, industrial or other nonresidential uses.
(2)
The locations and dimensions of all proposed streets, parks, playgrounds, and other public areas; sewer and water facilities; lot lines and
building locations and parking compounds and other impervious and
semipervious surfaces.
(3)
The proposed changes to land surface and vegetative cover, including
areas to be cut or filled.
(4)
Proposed topographical data. This information shall be provided by
contour lines. Contour lines shall be provided at the same interval as
the underlying existing contours.
(5)
Plans, profiles, specifications and details of all proposed stormwater
management facilities, including vertical and horizontal alignment, size
and type of material. Storm sewer profiles shall be drawn at the same
horizontal scale as the site plan, but may utilize an exaggerated vertical
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(26, PART 1)
scale. Profiles shall include the locations of all utility line and other
facility crossings. This information shall be of the quality required for
the construction of all facilities. [Ord. 02-11]
(6)
For all basins which hold 2 acre-feet or more of water and have an
embankment that is 10 feet or more in height, soil structure and
characteristics shall be provided. Plans and data shall be prepared by
a registered professional engineer. These submissions shall provide
design solutions for frost-heave potential, shrink-swell potential, soil
bearing strength, water infiltration, soil settling characteristics, fill and
backfilling procedures and soil treatment techniques as required to
protect the improvements for adjacent structures.
(7)
The type, location and extent of all temporary and permanent erosion
and sedimentation control measures shall be shown on an erosion and
sedimentation control plan that conforms to the requirements of the Soil
Erosion and Sedimentation Control Manual of the Pennsylvania
Department of Environmental Protection and which shall be submitted
to the Butler Conservation District for review and approval. [Ord. 0211]
(8)
Data concerning subsoil and rock foundation conditions and the physical
properties of the materials entering into the construction of all BMPs.
(9)
A map which shows the designation and limits of onsite watershed areas
and subareas, offsite watershed areas and time of concentration paths.
(10) A detailed schedule of inspections, as generally outlined by §26-131 of
this Part, which is specifically tailored for the site under consideration.
D.
Written hydrologic and hydraulic report and erosion and sedimentation
narrative, including or prepared in accordance with the following: [Ord. 02-11]
(1)
Hydrologic and hydraulic calculations for both predevelopment and
postdevelopment conditions for peak discharge, detention basins,
culverts, swales, storm sewers, inlets, erosion and sedimentation control
devices, BMP facilities, and all other existing and proposed facilities
that store, divert, collect, convey, or treat runoff. [Ord. 02-11]
(2)
An erosion and sedimentation control plan narrative that conforms to
the requirements of the Soil Erosion and Sedimentation Control Manual
of the Pennsylvania Department of Environmental Protection and
provides a description of all erosion and sedimentation control measures,
temporary as well as permanent, including the staging of earthmoving
activities, sufficient in detail to clearly indicate their function. [Ord. 0211]
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(3)
Description of an ownership and maintenance program, in a recordable
form, that clearly sets forth the ownership and maintenance responsibilities for all temporary and permanent stormwater management
facilities, including the following:
(a)
Description of the method and extent of the maintenance requirements.
(b)
When maintained by a private entity, identification of an individual, corporation, association or other entity responsible for
ownership and maintenance.
(c)
When maintained by a private entity, a copy of the legally binding
document which provides that the Township shall have the right
to:
(d)
1)
Inspect the facility at any time.
2)
Require the private entity to take corrective measures and
assign the private entity reasonable time periods for any
necessary action.
3)
Authorize maintenance to be done and lien the cost of the
work against the properties of the private entity responsible
for maintenance.
Establishment of suitable easements for access to stormwater
management facilities.
This document shall be recorded in the Butler County Recorder of Deeds
Office upon issuance of a permit.
(4)
For all proposed detention basins, retention basins, wet ponds and
temporary sedimentation basins, the documentation shall include a
plotting or tabulations of storage volumes with corresponding water
surface elevations and the outflow rates for those water surfaces.
(5)
For all existing and proposed detention basins, retention basins, wet
ponds and temporary sediment basins, documentation shall include
hydraulic routings of each design storm hydrograph for the entire
duration of the design storm, or until the total basin outflow rates
exceed the total decreasing inflow rates. [Ord. 02-11]
(Ord. 96-11, 6/26/1996, §304; as amended by Ord. 02-11, 11/21/2002)
§26-125.
Application Procedure.
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(26, PART 1)
An application for a stormwater management permit may be submitted to the Code
Enforcement Officer on any business day. In the event that a question arises as to
whether a proposed activity requires a stormwater management permit, the landowner or
developer may request that the Code Enforcement Officer determine whether the proposed
activity constitutes a land disturbance activity as defined in Part 1B and if so, whether
such activity is exempted from obtaining a permit under §26-122 of this Part. The
landowner or developer shall furnish the Code Enforcement Officer with such information
as the Code Enforcement Officer may deem necessary to determine whether the proposed
activity constitutes a land disturbance activity. A decision of the Code Enforcement
Officer may be appealed to the Board of Supervisors in accordance with §26-163 herein.
A.
The Code Enforcement Officer may review the application with the Township
Engineer, Township Solicitor, the Butler County Conservation District and other
municipal officials in order to determine approval, conditional approval or
disapproval of the application.
B.
The Code Enforcement Officer shall, upon completion of the review, issue an
approval, conditional approval or disapproval of the application and transmit the
decision in writing to the applicant. [Ord. 02-11]
C.
A notice of disapproval shall cite the reasons for disapproval.
(Ord. 96-11, 6/26/1996, §305; as amended by Ord. 02-11, 11/21/2002)
§26-126.
1.
2.
Application Requirements.
Minor Land Disturbance Activity. An application for a stormwater management
permit for a minor land disturbance activity, as defined in Section §26-121 of this
Part, shall include the following items:
A.
One completed copy of the application for a stormwater management permit,
minor land disturbance activity.
B.
Two copies of the stormwater management plan prepared in accordance with
§26-123 of this Part.
C.
Permit fee in the amount specified in the fee schedule as established by
resolution or ordinance of the Board of Supervisors of the Township of
Jackson.
D.
Performance bond, when applicable, in accordance with §26-129 of this Part.
Major Land Disturbance Activity. An application for a stormwater management
permit for a major land disturbance activity, as defined in §26-121 of this Part, shall
include the following items:
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A.
One completed copy of the application for a stormwater management permit,
major land disturbance activity.
B.
Three copies of the stormwater management plan prepared in accordance with
§26-124 of this Part.
C.
Permit fee in the amount specified in the fee schedule as established by
resolution or ordinance of the Board of Supervisors of the Township of
Jackson.
D.
Performance bond, when applicable, in accordance with §26-129 of this Part.
E.
Liability insurance, when applicable, in accordance with §26-130 of this Part.
F.
A stormwater management agreement and declaration of easement, when
applicable, in accordance with provisions of §26-151(B)(3).
(Ord. 96-11, 6/26/1996, §306)
§26-127.
Waiver and Appeal Procedure.
1.
The provisions of this Part are intended as minimum standards for the protection
of the public health, safety and welfare. The Board of Supervisors of the Township
of Jackson may grant a waiver from literal compliance with mandatory provisions
of the Part if the applicant can demonstrate either (i) that compliance would cause
undue hardship as it applies to a particular party, or (ii) that an alternative proposal
will allow for equal or better results.
2.
Additionally, the Board of Supervisors of the Township of Jackson may hear and
decide appeals where it is alleged that the Code Enforcement Officer has failed to
follow prescribed procedures or has misinterpreted or misapplied any provisions of
the Part.
3.
The approval of the waiver or appeal shall not have the effect of making null and
void the intent and purpose of the Part. In the approval of a waiver or appeal, the
Board of Supervisors of the Township of Jackson may impose such conditions as will,
in its judgment, secure substantially the objectives of the standards and requirements of the Part.
4.
Application Procedures (Waiver-Appeal). All requests for waivers or appeals
shall be processed in accordance with the following:
A.
A request for a waiver or appeal shall be submitted to the Code Enforcement
Officer. The request shall be made in writing and identify (i) the specific
section of the Part or decision which is requested for waiver or appeal; (ii) the
proposed alternative to the requirement, when applicable; and (iii) justifications for an approval of the waiver or appeal.
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(26, PART 1)
B.
The Code Enforcement Officer shall (i) schedule the request for consideration
by the Board of Supervisors of the Township of Jackson at a public meeting;
and (ii) provide adequate notice to the applicant and any other involved parties
of the meeting at which consideration of the request is scheduled.
C.
The Board of Supervisors of the Township of Jackson shall, following the
consideration of the request, take such public action as it shall deem advisable
and notify all parties involved of the action. Such notice shall cite the findings
and reasons for the deposition of the waiver or appeal. [Ord. 02-11]
(Ord. 96-11, 6/26/1996, §307; as amended by Ord. 02-11, 11/21/2002)
§26-128.
Expiration of a Stormwater Management Permit.
All stormwater management permits shall expire 12 months or a maximum of 60 months
when issued in conjunction with approval of a subdivision and land development plan,
from the date of issuance unless an extension of time is approved. An extension of an
unexpired stormwater management permit shall be issued by the Code Enforcement
Officer following the submission of a written request if, in the opinion of the Code
Enforcement Officer, the subject property or affected surrounding area has not been
altered in a manner which requires alteration to the stormwater management plan. The
refusal of an extension of time shall cite the reasons for such refusal. A stormwater
management permit shall not expire while a request for an extension is pending.
(Ord. 96-11, 6/26/1996, §308)
§26-129.
Financial Security.
1.
The Code Enforcement Officer shall, prior to issuing a stormwater management
permit, require financial security to be posted for the stormwater detention and/or
retention basin and other drainage facilities which may adversely affect adjacent
properties, streets or other public improvements in accordance with provisions
outlined by subsection (2), below.
2.
Financial Security.
A.
When required, the developer shall deposit with the Township financial
security authorized by the Municipalities Planning Code and acceptable to the
Board of Supervisors, in an amount equal to 110% of the estimated cost of the
required improvements at a time 90 days following the date scheduled for
completion of the respected improvements by the development.
(1)
The following requirements shall apply to any surety bond required by
this Chapter:
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(2)
(a)
The bond shall be obtained from a surety incorporated in the
United States and authorized to do business in the Commonwealth of Pennsylvania.
(b)
The surety shall have a current A. M. Best’s rating of no less than
“A” and an underwriting capacity as stated in Best’s equal to or
greater than the amount of the bond written by that surety, or in
the alternative be listed on the current United States Department
of the Treasury’s Annual List of “Companies Holding Certificates
of Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies” as published in the Federal
Register and have an underwriting capacity in said list equal to or
greater than the amount of the bond written by that surety.
The following requirements shall apply to any letter of credit required
by this Chapter:
(a)
The letter of credit shall be issued by a Federal or Commonwealth
chartered lending institution have an office located within 30
miles of the boundaries of Jackson Township at which a draft on
site can be presented during regular business hours.
(b)
The letter of credit shall have an expiration date of no earlier than
90 days after the required completion date of any improvements.
The township, at its discretion, may accept a letter of credit
having an earlier expiration date, provided the letter of credit
states that it will automatically be renewed for a period of at least
1 year from any present or future expiration date unless the
Township receives notice in writing from the issuer at least 60
days prior to the expiration date that the issuer elects to not
further extend the letter of credit, and that if such notices is given
the Township may draw on the letter of credit up to the amount
of its unused balance on or before the relevant expiration date.
(c)
Multiple draws on the letter of credit shall be permitted.
(d)
Draws shall be permitted at sight at the issuer’s office in a
location as set forth in subsection (a), or by overnight mail.
(3)
All financial security tendered by an applicant pursuant to this Chapter
shall be subject to review and approval by the Township’s Solicitor with
respect to the form, source and sufficiency of the same.
(4)
Approval of any stormwater management permit shall be conditioned
upon the applicant’s execution of the developer’s agreement in a form
approved by resolution of the Board of Supervisors and acceptable to the
Township Solicitor.
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(26, PART 1)
[Ord. 02-11]
B.
For major earth disturbance activities, the amount of financial security
required by the Township shall be based upon an estimate of the cost of the
improvements, submitted by the developer and prepared by a professional
engineer licensed as such in this Commonwealth and certified by such
engineer to be a fair and reasonable estimate of such cost. The Township,
upon the recommendation of the Township Engineer, may refuse to accept
such estimate for good cause shown. If the developer and the Township are
unable to agree upon an estimate, then the estimate shall be recalculated and
recertified by another professional engineer licensed as such in this Commonwealth and chosen mutually by the Township and the developer. The estimate
certified by the third engineer shall be presumed fair and reasonable and shall
be the final estimate. In the event that a third engineer is so chosen, fees for
the services of said engineer shall be paid equally by the Township and the
developer.
C.
For minor earth disturbance activities, the amount of financial security
required by the Township may be based on a bona fide bid from a reputable
contractor. If the developer and the Township are unable to agree on the
estimate, then a second bona fide bid from a reputable contractor shall be
obtained at the developer's expense and the amount of financial security shall
be the greater of the two bids.
D.
Annually the Township may adjust the amount of required financial security
by redetermining the estimated cost for completion of the uncompleted
improvements as of the expiration of the 90th day after either the date
scheduled for completion of a rescheduled date of completion. Subsequent to
said adjustment, the Township may require the developer to post additional
security in order to insure that the financial security equals 110% of the
estimated cost of the Township completing the improvements at a time 90
days following the date scheduled for completion or alternatively reduce the
required security so that it equals such amount. Any additional security shall
be posted by the developer within 30 days after being notified of the same.
E.
As the work of installing the required improvements proceeds, the party
posting the financial security may request the Township to release or
authorize the release from time to time, such portions of the financial security
necessary for the payment to the contractor or contractors performing the
work. Any such request shall be in writing addressed to the Board of
Supervisors and the Board of Supervisors shall request the Township Engineer
to certify, in writing, to the Board of Supervisors that such portion of the work
has been completed in accordance with the approved application. Upon such
certification, the Board of Supervisors shall authorize release from the
required financial security of an amount as estimated by the Township
Engineer as representing the value of the work completed. The value of the
work completed shall be determined by subtracting 110% of the estimated cost
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of the completion of the remaining uncompleted work from the total amount
of security deposited.
3.
When the developer has completed all of the improvements as shown on the
approved application, the developer shall notify the Board of Supervisors, in writing,
by certified or registered mail, of the completion of the aforesaid improvements,
enclosing therewith certification by the engineer responsible for the design of the
improvements that they have been installed as designed and shall send copies of the
notice and certification to the Township Engineer. The Board of Supervisors shall
direct and authorize the Township Engineer to inspect all of the aforesaid
improvements. The Township Engineer shall thereupon file a report, in writing,
with the Board of Supervisors and shall promptly mail a copy of the same to the
developer. The report shall be made and mailed within 30 days after receipt by the
Township Engineer of the aforesaid authorization from the Board of Supervisors,
said report shall be detailed and shall indicate approval or rejection of said
improvements, either in whole or in part, and if said improvements or any portion
thereof shall not be approved or shall be rejected by the Township Engineer, said
report shall contain a statement of the reasons for such nonapproval or rejection.
The Board of Supervisors shall notify the developer of the Engineer's report, in
writing, of its action with relation thereto.
4.
If any portion of the said improvements shall not be approved or shall be rejected by
the Board of supervisors, the developer shall proceed to complete the same and, upon
completion, the same procedure of notification, as outlined herein, shall be followed.
5.
Nothing herein, however, shall be construed in limitation of the developer's right to
contest or question by legal proceedings or otherwise any determination of the Board
of Supervisors or the Township Engineer.
(Ord. 96-11, 6/26/1996, §309; and as amended by Ord. 02-11, 11/21/2002)
§26-130.
Liability Insurance.
If, in the opinion of the Board of Supervisors based upon a report of the Township
Engineer, the nature of the work is such that it may create a hazard to human life or
endanger adjoining property or streets, then the Board of Supervisors shall, before issuing
the permit, require that the applicant file a certificate of insurance showing that there
exists insurance against claims for damage, including damage to the Township of Jackson
by surface water flow which has been altered on the site. The liability insurance shall be
to the amount prescribed by the Township in accordance with the nature of risks involved
and include the Township as an additional insured. Such insurance shall be written by a
company licensed to do business in the Commonwealth.
(Ord. 96-11, 6/26/1996, §310)
§26-131.
Record Drawings.
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(26, PART 1)
1.
At the completion of the project, and as a prerequisite for the release of the financial
security, the developer or his representative shall provide a certificate of completion
from an engineer, surveyor or other qualified person verifying that all permanent
facilities have been constructed according to the plans and specifications and
approved revisions thereto. Certification shall be provided on a set of record
drawings.
2.
After receipt of the record drawing certification of completion, a final inspection shall
be conducted by the Township Engineer or other person designated by the Township
to certify compliance with this Part.
(Ord. 96-11, 6/26/1996, §311)
§26-132.
Inspection During Construction.
1.
The Township shall inspect the improvements during construction. The developer
shall pay the cost of any such inspection in accordance with the provisions of Article
V of the Municipalities Planning Code. The developer shall provide at least 24 hours
notice prior to the start of construction of any improvements that are subject to
inspection. All inspections of completed items shall be requested, in writing, at least
48 hours in advance of the inspection time and date.
2.
It is generally required that the following phases of site construction have
mandatory inspection. This general list of phases may be supplemented by the
Township when the site requires special construction procedures. The inspection
schedule must be recorded with the final plan.
A.
General Site Construction.
(1)
Upon completion of preliminary site preparation, including stripping of
vegetation, stockpiling of topsoil and construction of temporary erosion
and sedimentation control devices.
(2)
Upon completion of rough grading, but prior to placing topsoil, permanent drainage or other site development improvements and ground
covers.
(3)
During the construction of permanent stormwater management
facilities.
(4)
Upon the final completion of permanent stormwater management
facilities, including the establishment of ground covers and plantings.
(5)
After review of the as-built drawings, required by §22-508 of the
Subdivision and Land Development Ordinance [Chapter 22], but prior
to final release of the financial guarantee for completion of final grading
or other site restoration work.
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B.
In addition to the above outlined observations, additional observations will be
made at the request of the developer for reduction of financial securities.
Random observations should be made at the frequency desired by the
Township. At the time of any of the above listed observations, all ongoing
construction (i.e., storm drainage, sanitary sewer, water, erosion control, etc.)
should also be checked for compliance with the approved plans and the
findings reported.
(Ord. 96-11, 6/26/1996, §312)
§26-133.
Fees.
1.
Fee Resolution. The Board shall establish by resolution, as amended from time to
time, a collection procedure and schedule of fees to be paid by the applicant at the
time of submission of all plans. Applicable fees shall include, but not be limited to,
application fees, technical review fees, professional review fees, legal fees and any
other necessary and reasonable fees required to administer this Part. [Ord. 02-11]
2.
Application Fees. The Board shall establish by resolution an application fee to
cover the in-house costs to the Township for the administration and processing of the
plans. The application fee is due at the time the application is filed and is nonrefundable unless the application is withdrawn by the applicant prior to the
Township commencing consideration or processing of the application.
3.
Technical Review Fees.
A.
The applicant shall reimburse the Township for technical review fees incurred
by the Township during the review and processing of the application by the
Township’s duly appointed consultants and representatives. Reimbursable
technical review fees required to be paid in accordance with this Part shall be
paid to the Township by the applicant. Reimbursable technical review fees
shall include, but not be limited to, the following services:
(1)
Reviewing all information submitted in conformance with provisions of
this Part. This includes all originally submitted and revised plans,
reports, calculations, and specifications.
(2)
Inspecting the layout of the site for conformance to the submitted
survey, plan and specifications.
(3)
Attendance of meetings or consultations regarding the plans with the
Township, its representatives or other officials, and/or the applicant.
(4)
Reviewing cost estimates of required improvements as submitted by the
applicant.
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(26, PART 1)
(5)
On-site reviews of activities during the construction or implementation
of the plans.
(6)
Final observations of completion of installation of the construction.
(7)
Review or completion of legal documents, agreements, deeds, etc.
(8)
Such other technical services as deemed necessary or required by the
Township.
(Ord. 96-11, 6/26/1996, §313; as amended by Ord. 02-11, 11/21/2002)
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D.
Design Standards.
§26-141.
General Design Recommendations.
1.
In the interest of (i) reducing the total area of impervious surface; (ii) preserving
existing features which are critical to stormwater management; and (iii) reducing
the concentration of stormwater flow, the design should consider alternate design
concepts and the flexibility provided by the waiver process.
2.
Maximum use should be made of the existing onsite natural and manmade
stormwater management facilities.
3.
Innovative stormwater management and recharge facilities shall be used whenever
and wherever feasible or necessary to protect adjoining properties, to control the
volume of water leaving the site, to remove pollutants from runoff leaving the site
or to provide for recharge of groundwater supplies. Such facilities may include
rooftop storage, dry-wells, cisterns, diversion structures, aeration of lawns, holding
tanks, infiltration systems, stream channel storage, in line storage in storm sewers
and grading patterns. Applications including such facilities shall be accompanied
by detailed engineering plans and performance capabilities for review by the
Township.
(Ord. 96-11, 6/26/1996, §401)
§26-142.
General Design Requirements.
1.
All stormwater management plans shall be designed and certified by individuals
registered in the Commonwealth of Pennsylvania and qualified to perform such
duties.
2.
All stormwater runoff flowing over the project site shall be considered in the design
of the stormwater management facilities.
3.
Stormwater management facilities located within or affecting the floodplain of any
watercourse shall also be subject to the requirements of the Jackson Township
Floodplain regulations, as amended, or any future ordinances, regulating construction and development within areas of the Township subject to flooding.
4.
Stormwater runoff from a project site shall flow directly into a natural watercourse
or into an existing storm sewer system. If neither of these is available, the applicant
shall obtain an easement from the downstream landowner to allow the runoff
discharge from the 10 year storm to be piped to a natural watercourse or existing
storm sewer system. Where the downstream owner will not grant such an easement,
the runoff from the applicant's site shall flow onto the adjacent property in a manner
similar to the runoff characteristics of the predevelopment flow. Where such an
easement is granted, the 25 through 100 year discharge from the basin shall flow
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onto the adjacent property in a manner similar to the runoff characteristics of the
predevelopment flow.
5.
Stormwater management facilities shall be provided so that the peak rates of runoff
for stormwater originating on the project site must meet the following conditions, for
all watersheds (as defined by subsection (10)) within the site:
A.
The 2 year and 10 year postdevelopment peak flow must be less than or equal
to 50% of the calculated 2 year and 10 year predevelopment peak flow,
respectively, except where:
(1)
The permit application is filed as a minor land disturbance activity.
(2)
The proposed activity involves a residential subdivision of five or less
single-family lots, providing that no new streets are involved.
Where the application meets one of the above exceptions, the 2 year and 10
year postdevelopment peak flow must be less than or equal to the calculated
2 year and 10 year predevelopment peak flow, respectively.
B.
6.
The 25, 50 and 100 year postdevelopment peak flows must be less than or
equal to the corresponding calculated 25, 50 and 100 year predevelopment
peak flows.
Stormwater management facilities shall be supplemented by BMPs as outlined in
the Jackson Township BMP Design Standards, §26-147, except where:
A.
The permit application is filed as a minor land disturbance activity.
B.
The proposed activity involves a residential subdivision of five or less
single-family lots, providing that no new streets are involved.
Required storage volume shall be provided to minimize the impacts to water quality
of receiving waters.
7.
Runoff calculations for the pre- and postdevelopment comparison shall consider five
different storm frequencies. (2, 10, 25, 50 and 100 year storm events.)
8.
When plan applications are submitted in sections, and if temporary facilities are
required for construction of a section, such facilities shall be included in the
submitted plans. In the event temporary measures cannot adequately handle the
stormwater runoff, the main outfall line shall be included as part of the construction
of the proposed section.
9.
Consideration shall be given to the relationship of the subject property to the
drainage pattern of the watershed.
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10.
Stormwater shall not be transferred from one watershed to another, unless (i) the
watersheds are subwatersheds of a common watershed which join together within
the perimeter of the property; or (ii) the effect of the transfer does not alter the peak
discharge onto adjacent lands.
11.
Stormwater runoff shall not be concentrated to, nor shall natural drainage water be
diverted to, an adjacent property, nor may runoff or natural drainage be altered as
to overload or further overload existing drainage structures on other private or
public lands, unless adequate provisions to mitigate the effects are approved by the
Township and affected owners.
12.
The design plan shall minimize the disturbance and creation of steeper slopes and
retaining walls.
(1)
No cut or fill slope shall be created that is steeper than a 2:1 slope (2 foot
horizontal run to 1 foot of rise or fall). Slopes that exceed a 2:1 ratio will not
be accepted unless the plan includes a report from a professional engineer that
soil and subsoil conditions are such to allow a steeper slope prescribed in the
statement. The report shall include construction specifications for the safe
creation of these areas. The report is subject to approval by the Township
engineer.
(2)
No retaining wall or other structure intended to hold an earth embankment
from slipping shall exceed a height of 4 feet above grade on the exposed side.
Where the structure exceeds 4 feet, the structure shall be designed by
professional engineer. The structure shall be designed to withstand soil
pressures from behind and to prevent overturning. The structure shall include
provisions to remove groundwater from behind the structure, as well as a
drainage system to prevent the collection of runoff. The structure shall
include provisions to prevent accidental falls and shall be located a minimum
of 5 feet from any property line or street right-of-way
(3)
All slopes, including manmade slopes, shall be maintained to be structurally
sound and free from erosion or degradation. The property owner shall be
responsible for repairing any areas of slope movement or erosion as it occurs.
[Ord. 02-11]
(Ord. 96-11, 6/26/1996, §402; as amended by Ord. 02-11, 11/21/2002)
§26-143.
1.
Methods for Calculation of Runoff.
Runoff calculations for onsite stormwater facilities shall be based upon the following
methods:
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2.
A.
Rational Method. This method is recommended and preferred for design of
all collection, conveyance and retention facilities when drainage areas are less
than 1.5 square miles or where ties of concentration are less than 60 minutes.
B.
SCS TR-55 Tabular Hydrograph Method (1986, or latest revision). This
method is recommended and preferred for design of conveyance and retention
facilities when drainage areas are greater than 1.5 square miles.
C.
Any other method must be approved by the Township.
Criteria and assumptions to be used in the determination of stormwater runoff and
design of stormwater management facilities are as follows:
A.
Runoff coefficients shall be based on the land use coefficients listed in
Appendices No. 3 and 4 of this Part and in conjunction with the criteria
outlined by §26-143(3) of this Part.
B.
Times of concentration shall be based on the following design parameters:
(1)
Overland Flow. The maximum length for each reach of overland flow
before concentrated swale and/or sheet flow develops is 300 feet. The
monograph in Appendix No. 5 shall be used for determination of the
times of concentration.
(2)
Concentrated Flows. At points where overland flows concentrate in
field depressions, swales, gutters, curbs or pipe collection systems, the
time of concentration between these design points shall be based upon
Manning's Equation and/or acceptable engineering design standards as
determined by the Township Engineer.
C.
If the Rational Method is used, the Rainfall Intensity Duration-Frequency
Chart for Region No. 1, as shown in the PennDOT Design Manual, Part 2, as
amended.
D.
If the Soil-Cover-Complex Method is used, stormwater runoff shall be based
on the following 24 hour storm events (as provided by the Pennsylvania
Department of Transportation, Rainfall, Intensity - Duration Charts): [Ord.
02-11]
Storm Event
Inches of Rainfall
2 years
2.5
10 years
3.3
25 years
3.7
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(26, PART 1)
E.
3.
Storm Event
Inches of Rainfall
50 years
4.3
100 years
5.0
Use of all criteria, assumptions, references, calculation methods and/or
computer modeling are subject to the approval of the Township.
For the purpose of determining pre- and postdevelopment runoff coefficients, the
following criteria shall be used:
A.
Predevelopment runoff coefficients for all areas within the site boundaries
shall be based on a good grass cover unless portions of the site contain wooded
areas. When the site contains wooded areas, runoff coefficients shall be based
on forest/woodland cover.
B.
Offsite land use conditions used to determine storm flows for the pre- and
postdevelopment comparison shall be based on existing land uses assuming
summer or good conditions.
C.
Offsite land use conditions used to determine storm flows for collection and
conveyance facilities shall be based on existing land uses assuming winter or
poor conditions.
(Ord. 96-11, 6/26/1996, §403; as amended by Ord. 02-11, 11/21/2002)
§26-144.
Design Standards; Detention and Retention Facilities.
1.
Retention basins and detention basins shall be designed to safely discharge the peak
discharge of a postdevelopment 100 year frequency storm event through an
emergency spillway in a manner which will not damage the integrity of the basin.
Where applicable, the emergency spillway shall be constructed in undisturbed
ground and not upon the embankment fill material. An easement shall be provided
from the spillway outfall to a natural or artificial watercourse.
2.
Retention basins and/or detention basins and water-carrying facilities shall be
stabilized in accordance with current engineering and U.S. Soil Conservation Service
practices, and the Jackson Township BMP Design Standards.
3.
Retention basins and/or detention basins shall be designed and maintained to insure
the design capacity after sedimentation has taken place.
4.
Basins which are not designed to release all stormwater shall be specifically
identified as wet ponds or permanent pool basins. All other basins shall have
provisions for de-watering, particularly the bottom. Low flow channels and tile fields
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may be used to de-water the bottom of a basin. Discharge structures shall be
designed to eliminate the possibility of blockage during operation.
5.
Retention basins and/or detention basins which are designed with earth fill dams
shall incorporate the following minimum standards:
A.
The maximum water depth shall not exceed 9 feet, unless approved by waiver
from the Board of Supervisors.
B.
The minimum top width of all dams shall be 5 feet.
C.
The side slopes of earth fill dams shall not be less than 3 horizontal to 1
vertical on the downstream side of the embankment.
D.
The inside slopes of all basins shall be no steeper than 5 feet horizontal to 1
foot vertical. If the basin's cut slopes, above the maximum water surface
elevation, cannot be maintained at a 5:1 slope, a minimum 5 foot bench with
a maximum slope of 2% shall be provided at an elevation equal to or greater
than that of the top of berm. Under no circumstances shall any basin cut slope
be steeper than 3:1 ratio.
E.
A cutoff trench of impervious material shall be provided under all dams.
F.
All pipes and culverts through dams shall have properly spaced concrete cutoff
collars or factory welded antiseep collars.
G.
A minimum 1 foot freeboard above the maximum water surface elevation shall
be provided.
H.
Minimum floor elevations for all structures that would be affected by a basin,
other temporary impoundments or open conveyance systems where ponding
may occur shall be 2 feet above the maximum water surface elevation. If
basement or underground facilities are proposed, detailed calculations
addressing the effects of stormwater ponding on the structure and waterproofing and/or floodproofing design information shall be submitted for approval.
6.
The effect on downstream areas if the basin embankment fails shall be considered
in the design of all basins. Where possible, the basin shall be designed to minimize
the potential damage caused by such failure of the embankment.
7.
All detention basins specifically designed to release all stormwater shall include
provisions for an outlet structure that permits draining the basin to completely dry
position within 24 hours following the end of the design rainfall.
8.
All outlet structures and emergency spillways shall include a satisfactory means of
dissipating the energy of flow at its outlet to insure conveyance of flow without
endangering the safety and integrity of the basin and the downslope drainage area.
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9.
No outflow from a detention basin, culvert or storm sewer shall discharge directly
onto or be conveyed onto a public road but shall discharge into a culvert under, or
storm sewer along, a public road.
10.
Appropriate easements to enclose and permit access to all detention and retention
facilities shall be provided.
11.
All basin outlet structures in residential areas shall be designed with particular
attention to the aesthetic aspects. All structures shall be flush with embankment
slopes, or receive other treatment acceptable to the Township.
(Ord. 96-11, 6/26/1996, §404)
§26-145.
Design Standards; Collection and Conveyance Facilities.
1.
The design of stormwater management collection and conveyance facilities that
service drainage areas within the site shall be based upon a 25 year storm frequency
event. Stormwater management facilities that convey offsite stormwater through
the site must be designed to convey a 50 year event.
2.
All developments must also include design provisions that allow for the overland
conveyance of the post Q100 year storm flows through the site without damage to
any private or public property.
3.
When the design of the overall stormwater management plan requires a transfer of
watershed, as outlined by §26-142(10) of this Part, the design shall illustrate that
the facilities utilized to accomplish the transfer can safely convey the 100 year storm
event.
4.
The capacities of the pipes, gutters, inlets, culverts, outlet structures and swales
shall consider all possible hydraulic conditions. The following minimum design
standards have been established by the Township.
A.
The "n" factors of 0.03 shall be used for grass swales and roadside gutters and
0.014 for paved road gutters.
B.
The "n" factors to be used for paved or rip-rap swales or gutters shall be based
on accepted engineering design practices, as approved by the Township.
C.
The following chart shall be used to determine the "n" factors for corrugated
pipe:
“n” Factors
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Pipe Diameter
(Inches)
Helica
Annular
up to 18
.015
.024
21 through 30
.017
.024
larger than 30
.019
.024
D.
The "n" factor for concrete or any other smooth pipe shall be 0.012.
E.
The velocity to be used in the design of any piped stormwater conveyance
system shall be based on the maximum velocity obtainable. The design
capacity shall be based upon full flow conditions.
F.
Inlets, culverts and basin discharge systems shall be designed for the worst
case condition. Inlet capacity shall be based on design data provided by the
manufacturers and accepted by the Township Engineer. If acceptable
information is not available, inlets in nonponding areas shall be designed for
a maximum capacity of 4 cubic feet per second (cfs). Where ponding occurs,
inlet capacity shall be based on accepted engineering design practices. Culvert
design shall consider either inlet/outlet control or a combination of hydraulic
losses through the system, whichever is greater. Basin discharge systems
shall be designed to the same standards as culverts. If it cannot be readily
determined which hydraulic condition controls, the basin discharge rate shall
be based on the highest possible discharge rating curve with the basin capacity
sized to store the excessive storm runoff based on the lowest possible discharge
rating curve.
5.
Inlets shall be along the curb line and are not permitted along the curb radius at an
intersection. For the purpose of inlet placement along curbed streets, gutter flow
depths shall not exceed 3 inches. Along all existing and proposed streets and access
drives without curb, a roadside swale shall be installed and gutter flow depths shall
not exceed 6 inches. The configuration of the swale shall be approved by the
Township. Flow depths across all street and access drive intersections shall not
exceed 1 ½ inches.
6.
Manholes and inlets, when proposed, shall not be spaced more than 600 feet apart.
Additionally, manholes shall be placed at points of changes in the horizontal or
vertical direction of storm sewers. Inlets shall be substituted for manholes where
they will serve a useful purpose.
7.
Curves in pipes or box culverts are prohibited. Tee joints, elbows and wyes are also
prohibited.
8.
Stormwater management pipe collection and conveyance systems shall have a
minimum diameter of 15 inches and shall be made of reinforced concrete pipe (RCP),
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or smooth lined corrugated polyethylene pipe (SLCPP) or approved equivalent.
Where installation conditions merit, structural calculations that address the actual
design requirements will be required.
9.
All storm sewer pipe and culverts shall be laid to a minimum depth of 1 foot from
finished subgrade to the crown of pipe in paved areas and 1 foot from finished grade
to the crown of pipe in grassed areas.
10.
All stormwater facilities, including storm sewer pipes, culverts, manholes, inlets,
endwalls and endsections shall be constructed in accordance with Pennsylvania
Department of Transportation, Publications 408 and 72, as amended.
11.
All stormwater water facilities, including storm sewer pipes, culverts, manholes,
inlets, endwalls and endsections shall conform to the requirements of the Pennsylvania Department of Transportation, Bureau of Design, Standards for Roadway
Construction, Publication No. 72, in effect at the time the design is submitted, as
modified by the adopted Township construction standards.
12.
All inlets used along existing and proposed concrete curbed streets shall include
PennDOT Type "C" top units or approved equivalent.
13.
Inlets shall be depressed 2 inches below the grade of the street gutter or ground
surface. Inlets used in ground areas will have their tops installed level. Inlets used
along curbed streets shall have their tops installed at a slope equal to the street or
curb grade. Inlets shall use bicycle safe grates.
14.
Where storm sewers exceed 15% slope, properly spaced concrete anchors shall be
used.
15.
Stormwater roof drains and pipes, wherever possible shall discharge water into a
stormwater runoff dispersion and infiltration control device and not into storm
sewers or street gutters.
16.
All storm sewer crossings of streets shall be perpendicular to the street centerline
unless otherwise approved by the Township.
17.
All storm pipe, other than culverts for existing channels, which discharge from
residential lots to a street or from a street to residential lots shall extend from the
street right-of-way a minimum distance of b the length of the longest adjacent lot
dimension.
18.
The proposed stormwater discharge at the perimeter of the site shall not be beyond
the capacity of any existing, immediately contiguous, stormwater management
facility into which it flows.
19.
Storm pipes which discharge to a detention or retention basin shall be located as to
outlet directly to the basin floor.
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20.
Endwalls and endsections shall be used where stormwater runoff enters or leaves
an open storm sewer.
21.
Storm facilities not located within a public right-of-way shall be centered within an
easement.
(Ord. 96-11, 6/26/1996, §405)
§26-146.
Design Standards; Erosion and Sedimentation Control.
1.
The applicant must comply with the Erosion Control Rules and Regulations of Title
25 Rules and Regulations, Part I, Department of Environmental Protection, Subpart
C, Protection of Natural Resources, Article II. Water Resources, Chapter 102,
Erosion Control, as amended from time-to-time. [Ord. 02-11]
2.
The design plan and construction schedule shall incorporate measures to minimize
soil erosion and sedimentation.
3.
The following principles shall be applied to the design plan and construction
schedule to minimize soil erosion and sedimentation.
4.
A.
Erosion and sedimentation controls designed in conformance with the
Department of Environmental Protection Erosion and Sedimentation Pollution
Control Program Manual shall be implemented during the construction and
postconstruction periods to prevent soil erosion, sedimentation and other
pollutants from entering streams, lakes, etc.
B.
Whenever feasible, natural vegetation shall be retained and protected.
C.
The extent of the disturbed area and the duration of its exposure shall be kept
to a minimum. Stockpiles to remain in place longer than 20 days shall be
seeded.
D.
It shall be the contractor's responsibility during construction to prevent soil
pollution to neighboring property, public streets and streams. Soil dropped
from construction equipment and sedimentation shall be immediately removed
from roads, public and private property and streams.
E.
Drainage provisions shall accommodate the stormwater runoff both during
and after construction.
F.
Soil erosion and sedimentation facilities shall be installed prior to any onsite
earth disturbance.
The maximum swale, gutter or curb velocity of stormwater runoff shall be
maintained at levels which result in a stable condition both during and after
construction. The following are considered characteristics of a stable condition:
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5.
6.
A.
It neither aggrades or degrades beyond tolerable limits.
B.
The channel banks do not erode to the extent that the channel cross section is
changed appreciably.
C.
Sediment bars do not develop.
D.
Erosion does not occur around culverts and bridges or elsewhere.
E.
Gullies do not form or enlarge due to the entry of uncontrolled stormwater
runoff.
Grass lined channels shall be considered stable if the calculated velocity does not
exceed the allowable velocities shown below:
A.
Three feet per second where only sparse vegetation can be established and
maintained because of shade or soil condition.
B.
Four feet per second where normal growing conditions exist and vegetation is
to be established by seeding.
C.
Five feet per second where a dense, vigorous sod can be quickly established or
where water can be temporarily diverted during establishment of vegetation.
Netting and mulch or other equivalent methods for establishing vegetation
shall be used.
D.
Six feet per second where there exists a well established sod of good quality.
Where swale bends occur, the allowable velocities listed above shall be divided by the
following factors:
A.
Swale bends 0 to 30 degrees:
1.50
B.
Swale bends 30 to 60 degrees:
1.75
C.
Swale bends 60 to 90 degrees:
2.00
D.
Swale bends 90 degrees and over: 2.50
(1)
These calculated grass-lined channel flows may be exceeded if the
designer can provide acceptable supportive design criteria as proof of
erosion prevention.
(2)
Where the velocity of stormwater runoff exceeds the allowable velocity,
erosion protection must be provided.
(3)
The method of erosion protection proposed must be supported by the
appropriate design information and/or references.
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7.
Flow velocities from any storm sewer may not result in a deflection or degradation
of the receiving channel.
8.
Energy dissipators shall be placed at the outlets of all storm sewer pipes, culverts
and bridges where flow velocities exceed maximum permitted channel velocities.
(Ord. 96-11, 6/26/1996, §406; as amended by Ord. 02-11, 11/21/2002)
§26-147.
Design Standards; Best Management Practices (BMP).
1.
Best management practices (BMPs) shall be implemented in Jackson Township in
order to protect the Township's water quality. BMPs shall be applied to all
applicable subdivision and land development plans and other activities regulated by
this Part.
2.
The purpose of these design standards is to provide designers with guidance to meet
(BMP) requirements. This field is in its infancy and modifications will be necessary
as new methods become available. Innovations are strongly encouraged in order to
meet the objectives at a reasonable cost.
3.
The strategy employed avoids the use of performance standards related to effluent
standards. Instead, it establishes a suggested long-term storage volume to be
provided with any proposed land use. Other design methods are available and may
be utilized provided documentation is furnished and the Township Supervisors
approve the design. Other measures of control, including the use of natural open
space, may be substituted for structural measures. The use of non-storage related
measures must be carefully evaluated to ensure the water quality goals are being
met.
4.
General Conditions.
A.
Minimize onsite impervious area.
(1)
Preserve natural wooded cover and drainageways onsite.
(2)
Preserve surfaces such as porous pavement and gravel are considered
BMPs.
B.
Maximize the amount of onsite drainage areas that are directed to BMPs.
Minimum accepted areas is 70% of the site. Impervious areas shall be directed
to BMPS.
C.
Minimize directly connected impervious area. Promote natural removal of
pollutants using vegetation and soil. Direct impervious area runoff to pervious
area. For example:
(1)
Roof downspouts to lawns.
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5.
(2)
Driveways to lawns.
(3)
Parking areas to lawns or grassed swales.
D.
Minimize mixing of offsite and onsite runoff, unless the upstream drainage
area is insignificant in size.
E.
Delay construction of BMPs until all other land disturbing activities are
complete to minimize the potential for clogging and maintenance or remedial
action.
F.
Incorporate the site's soil conditions to ensure the maximum life of facility.
G.
Use water tolerant vegetation (orchard and Bermuda grass, perennial rye,
fescue, and Reed Canary grass, in swales with slopes of 2% or less and where
swale dikes are utilized).
H.
Provide a length to width ratio in basins/ponds of at least 2:1 and avoid short
circuiting. Maximize the distance between inflow and outflow.
I.
Provide proper erosion protection at all pipe outlets.
J.
Utilize underdrains for all ponds. May be used as BMP outlet if properly
sized.
K.
Size BMP outlets to release water at a rate producing approximately a 36 hour
drawdown time. Orifices should be sized to accomplish this (minimum 1/2"
diameter holes). To prevent clogging around a vertical riser, use a cone of
gravel or a noncorrosive fine mesh screen.
L.
Infiltration trenches provided for stormwater management do not require
additional storage volume calculations for BMP.
System of Controls.
A.
The Jackson Township approach to protect water quality is to minimize the
impact of pollutants in stormwater runoff through a system of controls. These
controls can be at the source, in the lot, at the site or at some regional facility.
Examples are listed below:
B.
Source Controls. Eliminate the opportunity for pollutants to mix with
stormwater runoff.
(1)
Street sweeping.
(2)
Cover chemical storage areas
(3)
Dike potential spill areas
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(4)
C.
D.
E.
6.
Regular sediment removal from drainage system
Lot Controls. Minimize the potential for concentrating pollutants and
concentrating stormwater runoff.
(1)
Minimize directly connected impervious areas.
(2)
Minimize impervious areas.
(3)
Utilize grass swales and filter strips.
(4)
Utilize infiltration trenches, where applicable.
(5)
Utilize porous pavement.
Site Controls. Structural methods required to meet storage volume
requirements and water quality objectives.
(1)
Grass swales.
(2)
Infiltration basins.
(3)
Detention ponds.
(4)
Wetlands.
Regional Controls (D.A. > 100 Acres). Offsite structural measures for large
projects.
(1)
Detention ponds.
(2)
Retention ponds.
Design Procedure.
A.
BMP Storage Volume Calculation.
(1)
Measure the area of land disturbance activity on the site draining to the
discharge point.
(2)
Compute the impervious area within the area of the land disturbance
activity draining to the discharge point.
(3)
Compute the percentage of impervious area for the area of the land
disturbance activity.
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(4)
Determine the storage requirement using Chart A and the impervious
percentage calculated in subsection (6)(A)(6), Step 3, for the type of
watershed.
(5)
Compute the required storage volume by multiplying the storage
requirements times the total drainage area to the discharge point.
(6)
Sample Calculation.
Given:
100 acre site in high quality watershed drainage area to
discharge point: 80 acres
land disturbance area: 10 acres
impervious area: 6 acres
Step (1)
10 acres
Step (2)
6 acres
Step (3)
(6 10) x 100 = 60%
Step (4)
from Chart A-1, 750 CF/acre
Step (5)
1750 x 80 = 140,000 CF
Total BMP Storage Volume = 140,000 CF
B.
Storage Volume Reduction for Filter Strip and Grass Swale Effectiveness.
(1)
Filter strips and grass swales are very effective methods of removing
pollutants in stormwater runoff. The BMP storage volume can be
reduced when properly designed filter strips and grass swales are
incorporated into the site layout. The percent reduction is read directly
from Chart B using the flow length of the appropriate measure. The
maximum reduction allowed for residential/agricultural uses is 80% and
the maximum reduction allowed for commercial/industrial uses is 50%.
Some other method shall be provided to achieve the total storage
volume.
(2)
Sample Calculation.
Given:
required storage volume = 140,000 CF
commercial development
filter strip flow length: 100 feet
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grass swale flow length: 400 feet
Storage Volume Reduction from Chart B:
filter strip reduction: 25%
grass swale reduction: 50%
total reduction = 75%
use: 50%: maximum % allowed
Storage Volume Adjustment
140,000 x .50 = 70,000 CF
7.
Design Standards.
A.
Filter Strip. Vegetative strip across which stormwater sheet flows before
entering the stormwater collection system. For filter strips to be effective in
pollutant removal the runoff from the impervious area must also be in sheet
flow.
(1)
Minimum flow length: 20 feet.
(2)
Maximum slope: 5:1.
See Appendix 10 for sample detail.
B.
Grass Swale. Vegetated stormwater conveying channel with relatively flat
side slopes and longitudinal slope to promote pollutant removal.
(1)
Side slopes: 3:1 or flatter.
(2)
Longitudinal slopes: 0.5 - 4%.
(3)
Provide velocity checks at 100 foot intervals. Longer spacing is
permitted provided documentation shows flow velocities do not exceed
2 feet per second (fps) (using 2 year storm intensity).
See Appendix 10 for sample detail.
C.
Infiltration Trench. Long, narrow excavation backfilled with crushed
aggregate which provides storage in the voids and allows for infiltration into
the surrounding soil; includes drywells.
(1)
Maximum drainage area: 5 acres.
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(2)
High seasonal water table or bedrock at minimum 2 feet below the
bottom of the trench. Soil sampling or augering required.
(3)
Permeability. Infiltrate storage volume within 72 hrs.
(a)
Maximum rate: 12 inches/hr.
(b)
Minimum rate: .5 inches/hr.
(4)
Testing to be performed at the depth of the proposed trench bottom.
Procedure followed for determining suitability for onsite sewage disposal
facilities is acceptable.
(5)
Storage Volume. If infiltration trenches are sizes for stormwater
management purposes, no additional calculations are required. If the
infiltration trench is provided for BMP only, then follow the design
procedure in subsection (6)(A), above.
(6)
Sample Calculation.
Given:
percolation rate: 1 inch/hr.
required storage volume: 1,750 CF
trench volume: 1,750 40 = 4,375 CF
drawdown: trench depth perc. rate = 36 inches; 1inch/hr. =
36 hrs ok
See Appendix 10 for sample detail.
D.
Infiltration Basin. Shallow excavation or depression for the storage of
stormwater for infiltration.
(1)
Maximum drainage area: 5 acres.
(2)
Storage Volume: see design procedure.
(3)
High seasonal water table or bedrock at minimum of 2 feet below bottom
elevation. Soil sampling or augering required.
(4)
Permeability: see §26-147(7)(C)(3).
(5)
Maximum side slopes: 3:1.
See Appendix 10 for sample detail.
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E.
Extended Dry Detention Ponds. Modified stormwater detention basin.
BMP storage volume is provided below the stormwater management outlet
elevation.
(1)
Storage volume: see §26-147(6).
(2)
Side slopes: 3:1 or flatter.
(3)
Retention time: 36 hours.
(4)
Minimum hole diameter: ½ inch.
(5)
High seasonal water table or bedrock: minimum 2 feet below bottom of
pond. Soil sampling or augering required.
(6)
Vegetation: provide water tolerant species in BMP storage area.
(7)
Length to width ratio: 2:1.
(8)
Sample Drawdown Calculation.
T = (76.2 V) (h5xd2x3600)
T = time, hours.
V = volume ft 3
h = head over orifice, ft.
d = hole diameter, inches
T = 76.2 (30492) 45x3.672x3600)
= 24 hrs. < 36 ok
(8)
Access. Provide a clear access of 20 feet in width at an operable slope.
Situate pond in close proximity to public right-of-ways to minimize
length of accessways.
See Appendix 10 for sample detail.
F.
Wet (Retention) Basin. Basin with permanent pool of water. BMP storage
volume is provided above the permanent pool elevation and released gradually.
(1)
Storage volume: §26-147(6)
(2)
Length to width ratio: 2:1.
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(3)
Permeability. Documentation should be provided to show that basin
will retain a permanent pool of water.
(4)
Retention: 36 hrs.
(5)
Drawdown: see §26-147(7)(E)(7)
(6)
Access. Provide a clear access of 20 feet in width at an operable slope.
Situate ponds in close proximity to public right-of-ways to minimize
length of accessways.
See Appendix 10 for sample detail.
G.
Wetlands. Area inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support a prevalence of vegetation
adapted for life in saturated soil conditions. Includes swamps, marshes and
bogs. Wetlands can be very effective in the removal of pollutants from
stormwater runoff.
(1)
For design criteria refer to most recent Penn DER Design Manual.
(2)
Inflow must be greater than infiltration rate.
(3)
Depth Requirements.
25% @ 2 -3 feet deep near the outlet
25% @ 6-12 inches deep
50% @ 6 inches deep near the inflow
(4)
H.
Length to width ratio: 2:1.
Water Quality Inlet. For use only with small parking areas with oily wastes.
(1)
Volume: 200 cu. ft. per impervious acre
See Appendix 10 for sample details.
8.
Maintenance Considerations.
A.
Maintenance is an essential part of the successful functioning of a BMP
system.
B.
Responsibility for maintenance of BMP facilities during and after construction
shall be in accordance with §26-151 of this Chapter.
(Ord. 96-11, 6/26/1996, §407)
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§26-148.
Stormwater Management Districts.
The Township shall comply with the applicable provisions of the Butler County
Stormwater Management Plan upon adoption of said plan. If the provisions of this Part
are sufficient to regulate development within the Township in a manner consistent with
the Butler County Stormwater Management Plan, this Part shall be deemed to satisfy the
requirements of Section 11(b) of Act 167 without the necessity of reenactment.
(Ord. 96-11, 6/26/1996, §408)
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E.
Construction and Maintenance.
§26-151.
Construction and Maintenance of Stormwater Management Facilities
and BMP Facilities.
Construction and maintenance are essential parts of the successful functioning of a
stormwater management system. The developer and/or landowner shall be solely
responsible to institute, construct and complete the stormwater management facilities,
erosion and sedimentation control measures, BMP facilities, and any other features
approved as part of the permit. The developer and/or landowner shall institute, construct,
complete, and maintain all features, facilities, devices and improvements in strict
accordance with the provisions of the approved application materials, and the terms of this
Part. [Ord. 02-11]
A.
B.
Maintenance during development of a project shall be the responsibility of the
developer and/or landowner and shall usually include, but not be limited to:
(1)
Removal of silt from sediment traps when 35% and sediment basins
when 28% of capacity is filled with silt.
(2)
Periodic maintenance of temporary control facilities such as replacement
of straw bale dikes, straw filters, silt fence or similar measures.
(3)
Establishment or reestablishment of vegetation by seeding and
mulching or sodding of scoured areas or areas where vegetation has not
successfully been established.
(4)
Installation of necessary controls to correct unforeseen problems caused
by storm events within design frequencies.
(5)
The contractor or developer shall be responsible for removal of all
temporary measures and installation of permanent measures upon
completion of the project.
Maintenance of Project After Physical Completion.
(1)
It is the purpose of this Part that the Township shall not become
responsible for maintenance and supervision of developed areas. Such
responsibility falls upon the party responsible for land development who
shall remain personally responsible for those areas of the development
which are subject to the requirements of this Part. This responsibility
may be retained or assigned to third persons as is deemed most
acceptable to the party responsible for land development. In the event
that any portion of land development would, but for the existence of
areas requiring maintenance subject to this Part, be dedicated to the
Township, the contractor or developer may make application to the
Township for acceptance by the Township of such portions of the land
development. In the event that the Township, by formal action, accepts
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such portions of land development, maintenance and responsibility for
such portions shall fall upon the Township.
(2)
It is the intent of this Part that the purposes of this Part shall be carried
out through the exercise of responsibility by private parties, and
therefore it is anticipated that control plans shall be developed with the
view towards projects which can effectively be contained within the
tracts to be owned and maintained by private parties. To foster this
purpose, with respect to portions or parts of a project as shown on a plan
of a developer or contractor, which portions will not otherwise become
part of Township property, such portions shall become the responsibility
of the individual property owners on whose property such portions of a
project lie including, but not limited to, retention ponds, detention
ponds, sediment basins, energy dissipators, or grassed waterways.
Persons, including contractors and developers, conveying property of a
development to another party, which property contains any portions of
a stormwater management plan, after that plan has been established,
shall include a specific deed reference to such grantee's responsibility for
the maintenance and care of the portions of such project as are included
within said grantee's conveyed property. The deed reference to such
portions shall be in the form of a deed restriction imposing responsibilities upon said property owner for the maintenance of the portions of the
project maintenance of the project in accordance with the terms of this
Part. Such maintenance shall include the following:
(a)
Liming and fertilizing vegetated channels and other areas
according to specifications in the "Penn State Agronomy Guide."
(b)
Reestablishment of vegetation by seeding and mulching or sodding
of scoured areas or areas where vegetation has not been successfully established.
(c)
Mowing as necessary to maintain adequate strands of grass and
to control weeds. Chemical weed control may be used if State and
local regulations are met.
(d)
Removal of silt from all permanent structures which trap silt or
sediment in order to keep the material from building up in grass
waterways thus reducing their capacity.
(e)
Regular inspection of the areas in question to assure proper
maintenance and care.
(f)
Removal of silt from all permanent drainage structures, in
particular BMPs, in order to maintain the design storage volumes.
Regular programs shall be established and maintained.
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(3)
In order to provide additional notification to successive property owners
of the requirements to maintain stormwater management facilities, the
developer shall enter into a stormwater management agreement and
declaration of easement with the Township, in a form acceptable to the
Township Solicitor, which shall be recorded in the Office of the Recorder
of Deeds in and for Butler County. The stormwater management
agreement and declaration of easement shall be recorded prior to the
issuance of a stormwater management permit.
(4)
The deed restrictions hereinabove mentioned shall also include notice
that in the event the individual property owners should fail to comply
with the terms of this Part for the maintenance and care of the land in
question, the Township of Jackson shall have the authority to carry out
those duties hereby imposed upon individual property owners. The
Township may, after giving notice to an individual property owner that
he is not properly maintaining the areas subject to this Part, and by
making demand that such compliance shall be made within 30 days,
enter upon said private property and take such actions as may be
required to bring the area into compliance with this Part. The Township
shall further have the right to file a municipal lien against such property
for the cost of maintenance work carried out under this Section. The
Township shall, in addition to the filing of a municipal line, have any
other remedies provided by law against any property owner who should
fail to comply with the terms of this Part.
(5)
Stormwater management facilities existing on the effective date of this
Part on individual lots, which have not been accepted by the Township
or for which maintenance responsibility has not been assumed by a
private entity such as a homeowner's association, shall be maintained
by the individual property owners. Such maintenance shall include at
a minimum those items set forth in subsection (B)(2), above. If the
Township determines at any time that any permanent stormwater
management facility has been eliminated, altered, blocked through the
erection of structures or the deposit of materials or improperly maintained, the Township may determine that such condition constitutes a
nuisance and shall notify the property owner of corrective measures
which are required and provide for a reasonable period of time, not be
exceed 30 days, within which the landowner shall take such corrective
action. If the property owner does not take the required corrective
action, the Township may either perform the work or contract for the
performance of the work and bill the property owner for the cost of the
work plus a penalty of 10% of the cost of the work. If such bill is not
paid by the property owner within 30 days, the Township may file a
municipal claim against the property upon which the work was
performed in accordance with applicable laws.
(6)
Where the Board of Supervisors accepts dedication of all or some of the
required stormwater management facilities following completion, the
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Board of Supervisors may require the posting of financial security to
secure structural integrity of said facilities as well as the functioning of
said facilities in accordance with the design and specifications as
depicted on the approved stormwater management plan for a term not
to exceed 18 months from the date of acceptance of dedication. Said
financial security shall be the same type as required with regard to
installation of such facilities, and the amount of the financial security
shall not exceed 15% of the actual cost of installation of said facilities.
(Ord. 96-11, 6/26/1996, §501; as amended by Ord. 02-11, 11/21/2002)
§26-152.
1.
Permanence of Stormwater Management Facilities.
Permanence of Stormwater Management Facilities. No person shall modify,
remove, fill, landscape or alter stormwater management facilities and/or BMP
facilities which may have been installed on a property unless a stormwater
management permit has been obtained to permit such modification, removal, filling,
landscaping or alteration. No person shall place any structure, fill, landscaping or
vegetation into a stormwater management facility, a BMP facility or within a
drainage easement which will limit or alter the functioning of the facility or
easement in any manner.
(Ord. 96-11, 6/26/1996, §502)
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F.
Administration.
§26-161.
Remedies.
1.
Any person, partnership or corporation engaged in a land disturbance activity, as
defined in this Part, shall secure the required permits, and implement such
measures consistent with the stormwater management permit and this Part. Any
land disturbance activity conducted in violation of this Part or the stormwater
management permit is hereby declared a public nuisance. [Ord. 02-11]
2.
In the event of a violation, the Township of Jackson may initiate the following
actions:
A.
B.
C.
Suspension of a Stormwater Management Permit. Any permit issued
under this Part may be suspended by the Code Enforcement Officer based
upon:
(1)
The noncompliance with or failure to implement any provision of the
stormwater management plan.
(2)
A violation of any provision of this Part, relating to the project.
(3)
The creation of any condition or the commission of any act during
construction which constitutes or creates a hazard or nuisance or which
endangers the life or property of others.
Under the suspension of a permit, only such work as the Code Enforcement
Officer so authorized may proceed. This work shall be limited to that which
is necessary to correct the violation. A suspended permit shall be reinstated
by the Code Enforcement Officer when:
(1)
The Code Enforcement Officer and Township Engineer have inspected
and approved the corrections to the stormwater management facilities
or the elimination of the hazard or nuisance.
(2)
The Code Enforcement Officer and Township Engineer are satisfied that
the violation of the Part has been corrected.
Revocation of a Stormwater Management Permit. Based upon a report
from the Township Engineer that the existing site condition or further
construction is likely to endanger property or create hazardous conditions, the
Code Enforcement Officer may:
(1)
Revoke a permit.
(2)
Require protective measures to be taken and assign a reasonable time
period for the necessary action.
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(3)
Authorize protective measures to be done and lien all cost of the work
against the property on which work is required.
A permit which has been revoked cannot be reinstated. The applicant may
apply for a new permit in accordance with the processing procedures in Part
1C.
D.
Notification of Non-Permitted Earth Disturbance Activities. In the
event the Code Enforcement Officer determines a land disturbance activity has
been initiated without obtaining a stormwater management permit, the Code
Enforcement Officer shall provide written notification of the violation to the
landowner at the landowner’s last known address. Such notification shall:
(1)
Notify the landowner that a land disturbance activity has been initiated
without first obtaining the required permit and cite the section(s) of the
ordinance violated.
(2)
Notify the landowner to cease all activities, except those specifically
stated to be performed as protective measures.
(3)
Assign a reasonable time period necessary for implementation of the
protective measures, and for the landowner to submit of a complete
permit application for the earth disturbance.
(4)
Identify if the application must be filed as a minor or major earth
disturbance permit, and cite any special provisions to be included with
the application.
(5)
Identify the right of the landowner to request a hearing before the Board
of Supervisors of the Township of Jackson to appeal the Code
Enforcement Officer’s decision.
[Ord. 02-11]
E.
Notification of Suspension or Revocation of a Stormwater Management Permit. In the event of a suspension or revocation of a stormwater
management permit, the Code Enforcement Officer shall provide written
notification, by certified mail, of the violation to the landowner at the
landowner's last known address. Such notification shall:
(1)
Cite the specific violation, describe the requirements which have not
been met and cite the provisions of the Part relied upon.
(2)
Identify the specific protective measures to be taken.
(3)
Assign a reasonable time period necessary for action or in the case of
revocation, identify if the Township has authorized protective measures
to be performed at cost to the landowner.
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(4)
F.
Identify the right of the landowner to request a hearing before the Board
of Supervisors of the Township of Jackson if aggrieved by the suspension
or revocation.
Civil Remedies. Suits to restrain, prevent, or abate a violation of this Part
may be instituted in equity or at law by the Township of Jackson. Such
proceedings in equity or law may be initiated before any court of competent
jurisdiction. In cases of emergency where, in the opinion of the court, the
circumstances of the case require immediate abatement of the unlawful
conduct, the court may, in its decree, fix a reasonable time during which the
person responsible for the unlawful conduct shall correct or abate the same.
The expense of such proceedings shall be recoverable from the violator in such
manner as may now or hereafter be provided by law. [Ord. 02-11]
(Ord. 96-11, 6/26/1996, §601; as amended by Ord. 02-11, 11/21/2002)
§26-162.
Penalties.
1.
Any person who shall violate any of the provisions of this Part or who shall fail to
comply with any written notice from Jackson Township which describes a condition
or noncompliance shall, upon being found liable therefore in a civil enforcement
proceeding commenced by the Township, pay a judgment of not more than $500, plus
all court costs, including reasonable attorney fees incurred by the Township as a
result thereof. No judgment shall commence or be imposed, levied or payable until
the date of the determination of a violation by the district justice. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce the
judgment pursuant to the applicable rules of civil procedure. Each day that a
violation continues shall constitute a separate violation unless the district justice
determines that there was a good faith basis for the person, partnership or
corporation violating this Part to have believed that there was no such violation, in
which event there shall be deemed to have been only one such violation until the 5th
day following the date of determination of a violation of the district justice, and
thereafter each day that a violation continues shall constitute a separate violation.
2.
In addition, the Township may institute injunctive, mandamus or any other
appropriate action or proceeding of law or in equity for the enforcement of this Part.
Any court of competent jurisdiction shall have the right to issue restraining orders,
temporary or permanent injunctions, writs of mandamus or other appropriate forms
of remedy or relief.
(Ord. 96-11, 6/26/1996, §602)
§26-163.
Appeals.
Any person aggrieved by any action of the Township Engineer or the Code Enforcement
Officer in the administration of this Part may appeal such determination by filing an
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appeal, in writing, within 10 days after such determination to the Board of Supervisors
pursuant to §26-127 herein and the Local Agency Law, 2 Pa.C.S. §551 et seq. The Board
of Supervisors shall conduct such appeal in accordance with the requirements of the Local
Agency Law, and any appeal from the determination of the Board of Supervisors shall be
made in accordance with the Local Agency Law and other applicable Pennsylvania
statutes.
(Ord. 96-11, 6/26/1996, §603)
§26-164.
Adoption and Effective Date.
1.
Nothing in this Part shall be construed to affect any suit or proceeding pending in
any court, or any rights acquired or liability incurred, or any permit issued or any
cause or causes of action existing under the ordinances of Jackson Township prior
to the enactment of this Part.
2.
This Part shall take effect and be in force 5 days after its enactment by the Board
of Supervisors of the Township of Jackson as provided by law.
(Ord. 96-11, 6/26/1996, §604)
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APPENDIX NO. 1
STORMWATER MANAGEMENT CERTIFICATION
I hereby certify, that to the best of my knowledge, the stormwater management
facilities shown and described hereon are designed in conformance with the Stormwater Management Ordinance of Jackson Township.
______________________________, 20______
*___________________________________
**
*
Signature of the registered professional responsible for the preparation of the
plan.
**
Seal of the individual.
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(26, PART 2)
PART 2
WATER CONNECTIONS
A.
Harmony Junction Water System of the Jackson Township Water Authority.
§26-201.
Definitions.
Unless the context specifically and clearly indicates otherwise, the meaning of the terms
and phrases used in this Part 2A shall be as follows:
AUTHORITY - the Jackson Township Water Authority of Butler County.
IMPROVED PROPERTY - any property located within Jackson Township upon
which there is erected a structure intended for continuous habitation, occupancy or
use by human beings. [Ord. 99-2]
OWNER - any person vested with ownership, legal or equitable, sole or partial, of
any improved property.
PERSON - any individual, partnership, company, association, society, trust,
corporation, joint stock company, unincorporated association, governmental body,
political subdivision, township or other group or entity.
TOWNSHIP - Jackson Township, Butler County, Pennsylvania, a political
subdivision of the Commonwealth of Pennsylvania, acting by or through its Board
of Supervisors or, in appropriate cases, acting by and through its authorized
representatives.
WATER SYSTEM - the proposed Harmony Junction water system, as presently
reflected in Drawing Nos. 1-716-5-1 to 1-716-5-9 prepared by Bankson Engineers,
dated March 1999, including all facilities necessary for providing, transporting and
supplying water for human use and consumption, owned by, leased to or under
contract or agreement with the Authority for operation and use. [Ord. 99-2]
(Ord. 98-2, 5/20/1998, §I; as amended by Ord. 99-2, 6/16/1999, §1)
§26-202.
1.
Use of Water System Required.
The owner of any improved property located within the Township and accessible to
and whose residence, principal building or occupied structure is within 150 feet from
any water line of the water system or any new residence, principal building or
occupied structure which shall be constructed within 150 feet of the water system
shall connect to, at his own expense, and use such water system within 90 days after
notice to such owner from the Authority to make such connection; subject, however,
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to such limitations and restrictions as shall be established herein or otherwise shall
be established by the Authority or its authorized representative from time to time.
2.
Those industries and farms which have their own supply of water for uses other than
human consumption shall be exempt from said connection requirement as to those
uses, but are required to use the water system to provide water for human
consumption.
3.
The notice by the Authority to make connection to the water system referred to in
subsection (1), above, shall be given by the Authority or its authorized representative
in writing and shall be served upon the owner either by personal service or by
registered or certified mail or by such other methods as shall be permitted by law.
(Ord. 98-2, 5/20/1998, §II)
§26-203.
Connections.
1.
No persons shall uncover, connect with, make any opening into or use, alter or
disturb in any manner, any part of the water system without first obtaining a
permit, in writing, from the Authority or its authorized representative after paying
the then applicable tapping fee.
2.
Application for a permit required under subsection (1), above, shall be made by the
owner of the improved property to the Authority on a form supplied by the Authority.
3.
Every owner of improved property who is required to connect to the water system
under subsection (1) shall be required to pay a mandatory tapping fee in such
amount as may be determined from time to time by the Authority. Said fee must be
paid at the time application for a permit is made and in accordance with the
Authority's rules and regulations. No work shall commence until the tapping fee is
paid and a permit is issued. Every owner of improved property who is required to
connect to the water system under subsection (1) shall also be required to pay
minimum service fees and metered usage fees in such amounts as determined from
time to time by the Authority. In addition, the Authority may institute a temporary
surcharge to recover additional costs incurred in providing water service to its
customers, in accordance with applicable law.
4.
The construction, number and size of all water lines and/or connections shall be done
in accordance with the specifications, plans and procedures established by the
Authority's rules and regulations, as the same may be from time to time published
and amended, copies of which upon adoption shall be maintained on file with the
Authority and the Township.
5.
All costs and expenses incident to the installation of the water connection and the
connection of such building or premises with the water system not covered by a
grant, shall be borne by the owner of such building or premises. Such owner shall
indemnify and save harmless the Township and the Authority and their agents from
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any loss or damage directly or indirectly caused by or arising out of such installation
and connection.
6.
7.
No person shall make or cause to be made a connection of any improved property
with the water system until such person shall have fulfilled each of the following
conditions:
A.
Such person shall have notified the Authority or its authorized representative
of the desire and intention to connect such improved property to the water
system.
B.
Such person shall have applied for and obtained a permit as required by
subsections (1) and (2), above.
C.
Such person shall pay the tapping fee as required by subsections (1) and (3),
above.
D.
Such person shall have furnished any information required by the Authority
or its authorized representative prior to connection and received any necessary
approvals from the same.
E.
Such person shall have given to the Authority 24 hours notice prior to the
connection being made so that the Authority or its authorized representative
may supervise and inspect the work of connection and necessary testing. At
the time of inspection of the connection, the owner of the improved property
shall permit the person conducting the inspection full and complete access to
all water facilities in each building and in and about all parts of the property.
The connection must be approved by an authorized representative of the
Authority, who shall endorse the permit with his name and the date of
approval. No water connection line shall be covered or in any way concealed,
until after it has been inspected and approved by the inspector, who shall have
the right to inspect all water system facilities on the property.
Except as otherwise provided in this subsection, each structure or principal building
shall be connected separately and independently with the water system. Grouping
of more than one structure on one connection shall not be permitted, except under
special circumstances and for good cause shown, and then only after special
permission of the Authority or its authorized representative, in writing, shall have
been secured and subject to such rules, regulations and conditions as may be
prescribed by the Authority or its authorized representative.
(Ord. 98-2, 5/20/1998, §III)
§26-204.
1.
Enforcement.
In the event the owner of an improved property shall neglect or refuse to connect
with and use said water system following a period of 90 days after notice to do so as
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set forth in §26-202(1), the Authority or its authorized representative may enter
upon such property and construct such connection.
2.
If the Authority or its authorized representative is required to construct the
connection under subsection (1), above, the Authority or its authorized representative shall, upon completion of the work, send an itemized bill of the costs of
construction of such connection to the owner of the improved property to which
connection has been made, which bill shall be payable forthwith.
3.
In case of neglect or refusal by the owner of such improved property to pay said bill
within 6 months of the date of completion of construction of said connection, the
Authority shall, within said period, file a water lien for said construction, which
shall be subject in all respects to the general law providing for the filing and recovery
of water liens.
4.
Enforcement of this Part 2A shall be by action brought by the Township before a
district justice in the same manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure. Any person, firm or
corporation who shall violate any provision of this Part shall be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days per violation plus all court
costs, including reasonable attorneys' fees, incurred by the Township. Additionally,
the Township may proceed for the recovery and collection of its claim by filing a
municipal lien against the property. Each day that a violation of this Part continues
or each Section of this Part which shall be found to have been violated shall
constitute a separate offense. [Ord. 02-11]
(Ord. 98-2, 5/20/1998, §IV; as amended by Ord. 02-11, 11/21/2002)
§26-205.
Miscellaneous.
1.
The Authority or its authorized representative shall have the right to access, at
reasonable times, to any part of any improved property served by the water system
as shall be required for purposes of inspection, measurement, sampling and testing
and for performance of other functions relating to service rendered by the Authority
or its authorized representative.
2.
Neither the Authority nor the Township shall be liable for a deficiency or failure of
service when occasioned by an emergency, required repairs or for any cause beyond
their control. The Authority may restrict the use of the water system whenever the
public welfare may require it.
3.
The owner shall be responsible, at the owner's expense, for seeing that all
excavations for water connections shall be adequately guarded with barricades and
lights to protect the public from hazards and that all streets, sidewalks and public
property, disturbed in the course of making a water connection, shall be restored in
a manner satisfactory to the Authority or its authorized representative.
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(Ord. 98-2, 5/20/1998, §V)
§26-206.
Rules and Regulations.
The Authority shall have the right to adopt, by resolution, from time to time, rules and
regulations as shall be deemed necessary and proper relating to connections with the water
system.
(Ord. 98-2, 5/20/1998, §VI)
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B.
Pennsylvania-American Water Company.
§26-211.
Definitions.
Unless the context specifically and clearly indicates otherwise, the meaning of the terms
and phrases used in this Part 2B shall be as follows:
IMPROVED PROPERTY - any property located within the Township upon which
there is erected a structure intended for continuous habitation, occupancy or use by
human beings.
OWNER - any person vested with ownership, legal or equitable, sole or partial, of
any improved property.
PERSON - any individual, partnership, company, association, society, trust,
corporation, joint stock company, unincorporated association, governmental body,
political subdivision, township or other group or entity.
TOWNSHIP - the Township of Jackson, County of Butler, a political subdivision of
the Commonwealth of Pennsylvania, acting by or through its Board of Supervisors
or, in appropriate cases, acting by and through its authorized representatives.
WATER COMPANY - the Pennsylvania-American Water Company or its successor
in interest.
WATER SYSTEM - the proposed Pennsylvania-American Water Company water
system, as presently reflected in the drawing prepared by Pennsylvania American
Water Company Corporate Engineering, dated April 12, 2000, attached hereto as
Exhibit "A," including all facilities reasonably necessary for providing, transporting
and supplying water for human use and consumption, owned by, leased to or under
contract or agreement with the Pennsylvania-American Water Company for
operation and use.1
(Ord. 00-3, 9/20/2000, §I)
§26-212.
1.
Use of Water System Required.
The owner of any improved property (i) located within the Township and accessible
to, and whose residence, principal building or occupied structure is within 150 feet
from any water line of the water system or any new residence, principal building or
occupied structure which shall be constructed within 150 feet of the water system;
1
Editor’s Note: The drawing prepared by Pennsylvania American Water Company
Corporate Engineering, dated April 12, 2000, referred to as “Exhibit A” is on file at the
Township office.
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and (ii) currently serviced by the Harmony Shortline Complex, or any other private
water company subject to a State enforcement action; shall connect to, at his own
expense, and use such water system within 90 days after notice to such owner from
the Township to make such connection; subject, however, to such limitations and
restrictions as shall be established herein or otherwise shall be established by the
water company or its authorized representative from time to time.
2.
Those industries and farms which have their own supply of water for uses other than
human consumption shall be exempt from said connection requirement as to those
uses, but are required to use the water system to provide water for human
consumption.
3.
The notice by the Township to make connection to the water system referred to in
subsection (1), above, shall be given by the water company on behalf of the Township
in writing and shall be served upon the owner either by personal service or by
registered or certified mail or by such other methods as shall be permitted by law.
(Ord. 00-3, 9/20/2000, §II)
§26-213.
Connections.
The construction of the water system and the charges related thereto shall be in
accordance with all applicable Public Utility Commission regulations.
(Ord. 00-3, 9/20/2000, §II)
§26-214.
Enforcement.
1.
In the event the owner of an improved property shall neglect or refuse to connect
with and use said water system following a period of 90 days after notice to do so, as
set forth in §26-112(1), the water company or its authorized representative, after
notice to the Township, may enter upon such property and construct such
connection.
2.
If the water company or its authorized representative is required to construct the
connection under subsection (1), above, the water company or its authorized
representative shall, upon completion of the work, send an itemized bill of the costs
of construction of such connection to the owner of the improved property to which
connection has been made, which bill shall be payable forthwith.
3.
Enforcement of this Part 2B shall be by action brought by the Township before a
district justice in the same manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure. Any person, firm or
corporation who shall violate any provision of this Part shall be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days per violation plus all court
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costs, including reasonable attorneys' fees, incurred by the Township. Additionally,
the Township may proceed for the recovery and collection of its claim by filing a
municipal lien against the property. Each day that a violation of this Part continues
or each Section of this Part which shall be found to have been violated shall
constitute a separate offense. [Ord. 02-11]
(Ord. 00-3, 9/20/2000, §III; as amended by Ord. 02-11, 11/21/2002)
§26-215.
Miscellaneous.
1.
The water company or its authorized representative shall have the right to access,
at reasonable times, to any part of any improved property served by the water
system as shall be required for purposes of inspection, measurement, sampling and
testing and for performance of other functions relating to service rendered by the
water company or its authorized representative.
2.
Neither the water company nor the Township shall be liable for a deficiency or
failure of service when occasioned by an emergency, required repairs or for any cause
beyond their control. The water company may restrict the use of the water system
whenever the public welfare may require it.
3.
The owner shall be responsible, at the owner's expense, for seeing that all
excavations for water connections shall be adequately guarded with barricades and
lights to protect the public from hazards and that all streets, sidewalks and public
property, disturbed in the course of making a water connection, shall be restored in
a manner satisfactory to the water company or its authorized representative.
(Ord. 00-3, 9/20/2000, §IV)
§26-216.
Rules and Regulations.
The water company shall have the right to adopt, from time to time, rules and regulations
as shall be deemed necessary and proper relating to connections with the water system.
(Ord. 00-3, 9/20/2000, §VI)
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