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Code of the Township of Abington                                    [ Back to Table of Contents ]

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PART II GENERAL LEGISLATION: Chapter 70, DRAINAGE

[HISTORY: Adopted by the Board of Commissioners of the Township of Abington 4-13-1961 by Ord. No. 1024. Amendments noted where applicable.]

GENERAL REFERENCES

Plumbing -- See Ch. 121.

Sewers and sewage -- See Ch. 132.

Water - See Ch. 159.

70-1. Permit required for certain work.

It shall be unlawful for any person or persons to stop, fill up, confine, pave or otherwise interfere with any drain, ditch, watercourse or drainage facility in the Township of Abington without first obtaining from the Township Secretary a permit authorizing such work to be performed; and no drain, ditch, watercourse or drainage facility shall be stopped, filled up, confined, paved or otherwise interfered with except in strict accordance with the terms and conditions of such permit and the plans and specifications therefor.

70-2. Application for permit.

The application for a permit shall be on the form prescribed by the township, verified by affidavit made by the owner and accompanied by plans and specifications prepared by a registered engineer or surveyor. The plans and specifications shall show the exact nature of the work to be performed; the course, structure and capacity of all drains, ditches, watercourses and drainage facilities; the method of drainage of the adjacent territory and any other necessary information and explanatory details required by the township. All design shall conform to Township of Abington standards.

70-3. Completion guaranty.

Before approving the application, the township shall, where it is deemed necessary, be assured by means of a proper completion guaranty in the form of a bond, with surety satisfactory to the township, or the deposit of funds or securities in escrow sufficient to cover the cost of the required construction, as estimated by the Township Engineer, that the said construction will subsequently be performed by the owner.

70-4. Procedure.

The application, plans and specifications shall be submitted in quadruplicate to the Township Engineer. Before acting upon any such plan, the Commissioners may, in their discretion, arrange for a public hearing, after giving such notice as they may deem desirable in each case. The Commissioners are authorized to alter such plans and to specify any changes or modifications of any kind which they, in their discretion, may deem necessary with respect thereto, and may make their approval of such plans subject to any alterations, changes or modifications. All plans, when so approved, shall be signed on behalf of the township by the President of the Board of Commissioners, the Secretary and Township Engineer and shall be filed in the office of the Township Engineer, where the same shall be available for public inspection.

70-5. Notice of commencement of work.

The Township Engineer shall be notified at least 24 hours in advance of the commencement of the work in order that provision may be made for proper inspection thereof. Samples of material and every reasonable facility for ascertaining whether the work is in conformity with the provisions of this chapter and the Township of Abington Subdivision OrdinanceEN and any supplements or amendments thereto shall be furnished to the proper officers of the township.

70-6. Fees and costs. [Amended 3-11-1976 by Ord. No. 1420; 12-8-1988 by Ord. No. 1644]

An application fee of $100 shall be paid to the Township Secretary when the application is filed, plus an amount equal to 5% of the estimated cost of the work as determined by the Township Engineer for the necessary inspection. The inspection charge shall be based at a rate of $40 for each hour or portion thereof that a township inspector is engaged at the site and also shall include the actual cost of any material tests. Upon completion of the work, any moneys collected for inspection and material tests and not expended shall be refunded to the owner.

70-7. Violations and penalties.

Any person violating any of the provisions of this chapter shall, upon conviction thereof in a summary proceedings, be sentenced to pay a fine not exceeding $25 for each offense, and in default of the payment of such fine and costs, shall be sentenced to imprisonment of not more than 10 days, and when any person shall have been notified by the Township Engineer or by service of summons in a prosecution or by any other way that such person is committing a violation of this chapter, each day in which the violation is continued after such notification shall constitute a separate offense, punishable by like penalty.

70-8. Nonliability of township.

The Township of Abington shall have no responsibility with respect to conditions arising as a result of the failure on the part of any person to comply with the requirements of this chapter.

70-9. Right of entry.

The Commissioners of the Township of Abington may enter upon any lands or enclosures and cut, open, maintain and repair such drains or ditches through the same as in their judgment are necessary to carry the water from the streets or highways.

70-10. Interpretation.

Nothing contained in this chapter shall be held to restrict or limit the State Department of Highways or any county in the exercise of any of its powers and duties under the provisions of any law of the Commonwealth of Pennsylvania, nor to obviate the necessity of securing the consent of the Water and Power Resources Board where required by existing law.