Decatur Township - Clearfield County

                                          Code of Decatur Township

 TABLE OF CONTENTS

Part I: Administrative Legislation

1.         General Provisions................................................................................................. 1:1

Article I       Adoption of Code 

35.       Pensions................................................................................................................ 35:1

Article I       Nonuniformed Employees Pension Plan

Article II      Police Pension Plan 

42.       Planning Commission.......................................................................................... 42:1

53.       Salaries and Compensation................................................................................ 53:1

Article I       Supervisors 

64.       Traffic Commission............................................................................................... 64:1

Part II: General Legislation

85.       Animals.................................................................................................................. 85:1

Article I       Control of Animals 

96.       Burning, Open ....................................................................................................... 96:1

103.     Cemeteries.......................................................................................................... 103:1

110.     Construction Codes, Uniform............................................................................. 110:1

119.     Disorderly Conduct.............................................................................................. 119:1

130.     Floodplain Management..................................................................................... 130:1

152.     Insurance............................................................................................................... 152:1

Article I       Fire Insurance Claims 

179.     Noise..................................................................................................................... 179:1

Article I       Compression Release Engine Brakes 

186.     Nuisances............................................................................................................. 186:1

197.     Peddling and Soliciting....................................................................................... 197:1

210.     Sewers.................................................................................................................. 210:1

Article I       Sewage Disposal Systems

Article II      Sewer Use

Article III    Sewer Rents and Charges

Article IV    Real Estate, Commercial and Industrial Land Development

Article V     Holding Tanks 

219.     Solid Waste......................................................................................................... 219:1

Article I       Disposal of Garbage and Refuse 

228.     Street Naming and Building Numbering........................................................... 228:1

235.     Streets and Sidewalks........................................................................................ 235:1

Article I       Obstructions 

242.     Subdivision and Land Development................................................................. 242:1

256.     Taxation................................................................................................................ 256:1

Article I       Tax Certifications

Article II      Local Services Tax

Article III    Earned Income Tax 

270.     Vehicles and Traffic............................................................................................ 270:1

Article I       Parking

Article II      Fire Lanes

Article III    Speed Limits

Article IV    Weight Limits 

283.     Water................................................................................................................... 283:1

Article I       Use of Water System 

 Chapter 1

GENERAL PROVISIONS

[HISTORY: Adopted by the Board of Supervisors of the Township of Decatur as indicated in article histories. Amendments noted where applicable.]

ARTICLE I

Adoption of Code

[Adopted 10-15-2013 by Ord. No. 80]

§ 1-1.  Approval, adoption and enactment of Code.

Pursuant to Section 1601(d) of the Second Class Township Code [53 P.S. § 66601(d)], the codification of a complete body of legislation for Decatur Township, Clearfield County, Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code, and consisting of Chapters 1 through 283, together with an Appendix, is hereby approved, adopted, ordained and enacted as a single ordinance of the Township of Decatur, which shall be known and is hereby designated as the "Code of the Township of Decatur," hereinafter referred to as the "Code." 

§ 1-2.  Effect of Code on previous provisions.

The provisions of this Code, insofar as they are substantively the same as those of ordinances and resolutions in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Board of Supervisors of Decatur Township and it is the intention of said Board of Supervisors that each such provision contained within the Code is hereby reenacted and reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only new or changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the effective date of this Code, as provided in § 1-15 below. 

§ 1-3.  Inconsistent legislation repealed.

Except as provided in § 1-4, Legislation saved from repeal; matters not affected by repeal, below, all ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed as of the effective date given in § 1-15; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of Decatur Township which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.  

§ 1-4.  Legislation saved from repeal; matters not affected by repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-3 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal; provided, however, that the repeal of ordinances pursuant to § 1-3 or the saving from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect: 

A.     Any ordinance adopted subsequent to December 13, 2011. 

B.     Any right or liability established, accrued or incurred under any legislative provision of the Township prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability or any cause of action acquired or existing. 

C.     Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision of the Township or any penalty, punishment or forfeiture which may result therefrom. 

D.     Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this ordinance, brought pursuant to any legislative provision of the Township. 

E.      Any franchise, license, right, easement or privilege heretofore granted or conferred by the Township or any lawful contract, obligation or agreement. 

F.      Any ordinance appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Township or other instruments or evidence of the Township's indebtedness. 

G.     Any ordinance adopting an annual budget or establishing an annual tax rate. 

H.     Any ordinance providing for the levy, imposition or collection of special taxes, assessments or charges. 

I.       Any ordinance authorizing the purchase, sale, lease or transfer of property or acquiring property by acceptance of deed, condemnation or exercise of eminent domain. 

J.       Any ordinance annexing land to the Township. 

K.     Any ordinance providing for or requiring the construction or reconstruction or opening of sidewalks, curbs and gutters. 

L.      Any ordinance or part of an ordinance providing for laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, sidewalk, park or other public place or property or designating various streets as public highways. 

M.     Any ordinance establishing water, sewer or other special purpose districts and designating the boundaries thereof; providing for a system of sewers or water supply lines; or providing for the construction, extension, dedication, acceptance or abandonment of any part of a system of sewers or water supply lines. 

N.     Any ordinance providing for the making of public improvements. 

O.     Any ordinance providing for the salaries and compensation of officers and employees of the Township or setting the bond of any officer or employee. 

P.      Any ordinance concerning changes and amendments to the Zoning Map. 

Q.     Any ordinance relating to or establishing a pension plan or pension fund for municipal employees. 

R.     Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the Township. 

S.      Any currently effective ordinance providing for intergovernmental cooperation or establishing an intermunicipal agreement.   

§ 1-5.  Inclusion of new legislation prior to adoption of Code.

All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-4A and/or prior to the date of adoption of this ordinance are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such ordinances shall be temporarily placed in the Code until printed supplements are included. 

§ 1-6.  Changes and revisions in previously adopted legislation; new provisions. 

A.     Nonsubstantive changes. In compiling and preparing the ordinances and resolutions of the Township for adoption and revision as part of the Code, certain nonsubstantive grammatical and style changes were made in one or more of said ordinances and resolutions. It is the intention of the Board of Supervisors that all such changes be adopted as part of the Code as if the ordinances and resolutions so changed had been previously formally amended to read as such. 

B.     Substantive changes and revisions. In addition to the changes and revisions described above, changes and revisions of a substantive nature, as set forth in Schedule A[1] attached hereto and made a part hereof and explicitly incorporated herein, are hereby made to various ordinances and resolutions included in the Code. These changes are enacted to bring provisions into conformity with the desired policies of the Board of Supervisors, and it is the intent of the Board of Supervisors that all such changes be adopted as part of the Code as if the legislation so changed had been previously formally amended to read as such. All such changes and revisions shall be deemed to be in effect as of the effective date of the Code specified in § 1-15. 

C.     Nomenclature. Throughout the Code, references to the following agencies or officials are updated as indicated: 

(1)    "Department of Environmental Resources" is changed to "Department of Environmental Protection." 

(2)    "Department of Community Affairs" is changed to "Department of Community and Economic Development." 

(3)    "District Magistrate" and "District Justice" are changed to "Magisterial District Judge."     

§ 1-7.  Interpretation of provisions.

In interpreting and applying the provisions of the Code, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. Where the provisions of the Code impose greater restrictions or requirements than those of any statute, other ordinance, resolution or regulation, the provisions of the Code shall control. Where the provisions of any statute, other ordinance, resolution or regulation impose greater restrictions or requirements, the provisions of such statute, other ordinance, resolution or regulation shall control. 

§ 1-8.  Titles and headings; editor's notes. 

A.     Chapter and article titles, headings and titles of sections and other divisions in the Code or in supplements made to the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation. 

B.     Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.   

§ 1-9.  Filing of copy of Code.

At least one copy of the Code in a post-bound volume shall be filed with the Ordinance Book in the office of the Township Secretary and shall remain there for use and examination by the public. Upon adoption, such copy or copies shall be certified to by the Township Secretary, as provided by law, and such certified copy or copies shall remain on file in the office of the Township Secretary, available to persons desiring to examine the same during all times while said Code is in effect. 

§ 1-10.  Amendments to Code.

Any and all additions, deletions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intention of the Board of Supervisors to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such changes. Whenever such additions, deletions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the post-bound book containing said Code as amendments and supplements thereto.  

§ 1-11.  Code books to be kept up-to-date.

It shall be the duty of the Township Secretary or someone authorized and directed by him or her to keep up-to-date the certified copy or copies of the book containing the Code required to be filed in the office of the Township Secretary for the use of the public. All changes in said Code and all legislation adopted by the Board of Supervisors subsequent to the effective date of this codification which the Board of Supervisors shall adopt specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new legislation are printed as supplements to said Code books, at which time such supplements shall be inserted therein. 

§ 1-12.  Publication of notices.

The Township Secretary, pursuant to law, shall cause to be published in the manner required a notice of the proposed adoption of the Code in a newspaper of general circulation in the Township. The enactment and application of this ordinance, coupled with the publication of the notice of proposed adoption,  the availability of a copy or copies of the Code for inspection by the public and the filing of an attested copy of this ordinance with the county, as required by law, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes. 

§ 1-13.  Altering or tampering with Code; violations and penalties.

It shall be unlawful for anyone to improperly change or amend, by additions or deletions, or to alter or tamper with the Code or any part or portion thereof in any manner whatsoever which will cause the law of the Township to be misrepresented thereby. Any person who violates or permits a violation of this section of this ordinance shall, upon being found liable therefor in a civil enforcement proceeding, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge and/or court. 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 a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith. 

§ 1-14.  Severability.

The provisions of this ordinance and of the Code adopted hereby are severable, and if any clause, sentence, subsection, section, article, chapter or part thereof shall be adjudged by any court of competent jurisdiction to be illegal, invalid or unconstitutional, such judgment or decision shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation and application to the clause, sentence, subsection, section, article, chapter or part thereof rendered illegal, invalid or unconstitutional. It is hereby declared to be the intent of the Board of Supervisors that this ordinance and the Code would have been adopted if such illegal, invalid or unconstitutional clause, sentence, subsection, section, article, chapter or part thereof had not been included therein. 

§ 1-15.  Effective date.

All provisions of this ordinance and of the Code shall be in force and effect on and after October 21, 2013.  



[1].  Editor's Note: In accordance with § 1-6B, the chapters, parts and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 10-15-2013 by Ord. No. 80." Schedule A, which contains a complete description of all changes, is on file in the Township offices. 

 Chapter 35

PENSIONS

[HISTORY: Adopted by the Board of Supervisors of the Township of Decatur as indicated in article histories. Amendments noted where applicable.]  

GENERAL REFERENCES

Salaries and compensation — See Ch. 53.  

ARTICLE I

Nonuniformed Employees Pension Plan

[Legislation establishing the current Nonuniformed Employees Pension Plan is on file in the Township offices and is available for review during regular office hours.] 

ARTICLE II

Police Pension Plan

[Adopted 4-13-2010 by Ord. No. 74]

§ 35-1.  Establishment; administration.

Decatur Township (the Township) hereby elects to enroll its police officers in the Pennsylvania Municipal Retirement System (the system), as authorized by the Pennsylvania Municipal Retirement Law, Act 15 of 1974, as amended,[1] with the express purpose of having the system administer the retirement plan established by the Township for their police officers. The Township does hereby agree to be bound by all the requirements and provisions of said Law and to assume all obligations, financial and otherwise, placed upon member municipalities. All references hereafter shall be based on benefits negotiated between the Pennsylvania Municipal Retirement Board (the Board) and the Township under the provisions of Article IV of the Pennsylvania Municipal Retirement Law. 

§ 35-2.  Membership.

Membership in the system shall be mandatory for all full-time police officers of the Township. Membership for elected officials, part-time officers, and employees hired on a temporary or seasonal basis is prohibited, as is membership for individuals paid only on a fee basis. 

§ 35-3.  Credit for prior service; accrual of benefits.

Credit for prior service for original members is granted for each year or partial year thereof that the member was employed by the Township from the original date of hire or the expiration of the member's probationary period if one so existed, whichever is more recent. Benefits provided to members in the agreement dated April 19, 2010, shall accrue based on all credited service granted and earned in accordance with this section. 

§ 35-4.  Payment for obligations.

Payment for any obligation established by the adoption of this article and the agreement between the system and the Township shall be made by the Township in accordance with the Pennsylvania Municipal Retirement Law and Act 205 of 1984, the Municipal Pension Plan Funding Standard and Recovery Act.[2] 

§ 35-5.  Assumption of responsibility.

As part of this article, the Township agrees that the system shall provide the benefits set forth in the agreement between the Board and the Township, dated April 19, 2010. The passage and adoption of this article by the Township is an official acceptance of said agreement and the financial obligations resulting from the administration of said benefit package. The Township hereby assumes all liability for any unfundedness created due to the acceptance of the benefit structure outlined in the above-referenced agreement. 

§ 35-6.  Termination of prior plan.

By adoption of this article, the Township agrees to terminate, upon the effective date of membership in the system, any previously maintained municipal pension program applicable to those employees identified as members in § 35-2 of this article and to transfer all assets from any existing plan to offset the established liability and to transfer all liabilities relating to retirement allowances or pensions. Liabilities not so transferred, whether known or not known at the time of the Township's enrollment into the system, shall remain with the Township. The Township also acknowledges that an affirmative vote representing at least 75% of the plan members indicated the members were in agreement with the establishment of the plan with the system. 

§ 35-7.  Intent; repealer.

The Township intends this article to be the complete authorization of the Township's Police Pension Plan, and it shall become effective and specifically repeal Ordinance No. 33 either immediately or on January 1, 2010, which is the effective date of the agreement, whichever is later. 

§ 35-8.  Filing of provisions; effective date of plan.

A duly certified copy of this article and the referenced agreement shall be filed with the system. Membership for the Police Pension Plan of the Township in the system shall be effective the first day of January 2010.  



[1].  Editor's Note: See 53 P.S. § 881.101 et seq.

[2].  Editor's Note: See 53 P.S. § 881.101 et seq. and 53 P.S. § 895.101 et seq., respectively. 

 Chapter 42

PLANNING COMMISSION

[HISTORY: Adopted by the Board of Supervisors of the Township of Decatur 2-11-1997 by Ord. No. 55. Amendments noted where applicable.]  

GENERAL REFERENCES

 Subdivision and land development — See Ch. 242.  

§ 42-1.  Creation.

The Board of Supervisors of Decatur Township hereby creates a Planning Commission, which shall be known as the "Decatur Township Planning Commission." 

§ 42-2.  Membership. [Amended 2-10-2009]

The Decatur Township Planning Commission shall consist of five members, all of whom shall hold the qualifications required by, and be appointed in accordance with the procedures set forth in, the Pennsylvania Municipalities Planning Code ("MPC"), or any amendments thereto. 

A.     The reduction in size from seven to five members shall take place as appropriate terms of current members expire or vacancies otherwise occur.   

§ 42-3.  Terms. [1] 

The Planning Commission shall be comprised of five members who shall be appointed for terms of office of four years, or until a successor is appointed and qualified, to be established on a series of overlapping terms with one term expiring each year, except for one year in which two terms shall expire. 

§ 42-4.  Powers and duties. 

A.     The Planning Commission shall maintain and keep on file records of its actions, which records and files shall remain in the possession of Decatur Township. 

B.     The Planning Commission shall have the power to hold public hearings and meetings, present testimony before any board and require from others within the municipality such available information as may be requested by Decatur Township or as may be necessary to carry out the work of the Planning Commission. 

C.        The Planning Commission shall, upon motion or resolution of the Board of Supervisors of Decatur Township, exercise those additional powers and duties as set forth in Section 209.1 of the MPC, 53 P.S. § 10209.1.   



[1].  Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). 

 Chapter 53

SALARIES AND COMPENSATION

[HISTORY: Adopted by the Board of Supervisors of the Township of Decatur as indicated in article histories. Amendments noted where applicable.]  

GENERAL REFERENCES

 Pensions — See Ch. 35.  

ARTICLE I

Supervisors

[Adopted 12-24-1985]

§ 53-1.  Amount of compensation. [Amended 5-12-1992; 11-11-1997; 9-11-2001]

Each Supervisor of Decatur Township elected to office after the effective date of this article shall receive compensation of equal to but not more than $1,875 per year, divided into salary payable monthly, according to the Township Code for a population not more than 4,999. Salaries are payable monthly for the duties imposed by this Act. Supervisors may continue to be compensated under prior law or ordinance until such time as they qualify after this article is enacted. Any change in salary, compensation or emoluments of the elected office become effective at the beginning of the next term of a Supervisor beginning after the effective date of this article. 

§ 53-2.  Statutory limit.

No Supervisors shall receive annual compensation under this article in excess of the annual statutory limit set by the General Assembly in Act 69[1] for supervisors of townships within the appropriate population category. 

§ 53-3.  Compensation for meetings.

No Supervisor shall be compensated for attending any meetings of the Board of Supervisors in excess of 30 meetings per year; such absences of compensation shall not negate or in any way affect such Supervisor's duty or obligation to attend such uncompensated meetings. 

§ 53-4.  Payment.

Such compensation shall be paid in monthly installments.  



[1].  Editor's Note: See 53 P.S. § 65606. 

 Chapter 64

TRAFFIC COMMISSION

[HISTORY: Adopted by the Board of Supervisors of the Township of Decatur 4-13-1982 by Ord. No. 35. Amendments noted where applicable.]  

GENERAL REFERENCES

 Vehicles and traffic — See Ch. 270.  

§ 64-1.  Purpose.

It is hereby declared that, in order to protect the property and persons of Decatur Township and to promote prompt and efficient action and management in relation to the maintenance of a Township roadway system and to insure users of such roadways safe operation thereon for themselves and their vehicles, the Township of Decatur shall establish a Commission as permitted by the Motor Vehicle Code of the Commonwealth of Pennsylvania,[1] which shall be authorized to act on certain specified matters. 

§ 64-2.  Establishment; powers and duties. 

A.     The Board of Supervisors of Decatur Township, Clearfield County, Pennsylvania, is hereby established to act as a Commission and is authorized to act to determine the need, to impose and to enforce, from time to time as it deems necessary in its sole discretion acting as a Commission, in the areas of weight and size restrictions, speed limits, and to regulate traffic by means of police officers and the use of traffic control devices as may be necessary to protect the property and citizens of Decatur Township. 

B.     The Commission is authorized to meet from time to time as it, in its discretion, shall deem necessary to take appropriate action in the areas of weight and size restrictions, speed limits, and to regulate traffic by means of police officers and the use of traffic control devices in order to protect the property and persons of Decatur Township. 

C.     The Commission shall, in each instance before it for consideration, determine the need for action by first obtaining any information, reports or data required by statute or regulation, including, but not limited to, required approvals of the commonwealth and engineering and traffic investigations. 

D.     Upon determining that action is necessary in the areas of weight and size restrictions, speed limits and the regulation of traffic by means of police officers and the use of traffic control devices, the Commission shall be authorized to take whatever action is necessary and shall do so by resolution of the Commission. Any such resolution shall be reported to the Board of Supervisors at its next regularly scheduled meeting and shall be included in the minutes of such meeting as the report of the Commission. 

E.      The Commission is authorized to take whatever steps are permitted or required by statute or regulation to give notice of any restrictions, limitations or regulation of traffic, including, but not limited to, the posting of the areas involved.   

§ 64-3.  Enforcement; exemptions. 

A.     Anyone violating any weight or size restriction, speed limit or regulations of traffic by means of police officers and the use of traffic control devices imposed or established by the Commission herein created shall be subject to the penalties of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 

B.        Anyone seeking an exemption from any weight or size restriction shall make application to Decatur Township through the Commission, and the Commission is authorized to approve or disapprove such applications, grant permits and take any other action permitted by statute or regulation relating to such exemptions.   



[1].  Editor's Note: See 75 Pa.C.S.A. § 101 et seq. 

Chapter 85

ANIMALS

[HISTORY: Adopted by the Board of Supervisors of the Township of Decatur as indicated in article histories. Amendments noted where applicable.]

ARTICLE I

Control of Animals

[Adopted 2-9-1988 by Ord. No. 16]

§ 85-1.  Prohibited acts.  

A.     It shall be unlawful for the owner, custodian or keeper of any dog, cat or other domesticated animal or any nondomesticated animal to allow such dog, cat or other domesticated animal or nondomesticated animal to run at large, at any time, either upon any of the public streets, alleys, highways or public grounds in the Township of Decatur or upon the property of a person other than the owner, custodian or keeper of such dog, cat or other domesticated animal or nondomesticated animal. 

B.     It shall be unlawful for the owner, custodian or keeper of any dog, cat or other domesticated animal or nondomesticated animal to allow such dog, cat or other domesticated animal or nondomesticated animal on the property of a person other than the owner, custodian or keeper of such dog, cat or other domesticated animal or nondomesticated animal, unless accompanied by the owner, custodian or keeper of such dog, cat or other domesticated animal or nondomesticated animal and under the immediate control of such owner, custodian or keeper of such dog, cat or other domesticated animal or nondomesticated animal. 

C.     It shall be unlawful for the owner, custodian or keeper of any dog, cat or other domesticated animal or nondomesticated animal found upon or confined to that person's premises to allow such dog, cat or other domesticated animal or nondomesticated animal to make any loud or harsh noises or disturbances which interfere with or deprive any other person within the Township of Decatur of their peace, quiet, rest or sleep. 

D.     It shall be unlawful for the owner, custodian or keeper of any dog, cat or other domesticated animal or nondomesticated animal to allow such dog, cat or other domesticated animal or nondomesticated animal under his or her control to defile, corrupt or otherwise desecrate any sidewalk, walkway, street, alley, highway or public grounds or property of another, unless such owner, custodian or keeper shall promptly correct such condition or cause the correction thereof. 

E.      It shall be unlawful for the owner, custodian or keeper of any dog, cat or other domesticated animal or nondomesticated animal to allow such dog, cat or other domesticated animal or nondomesticated animal to destroy or damage the property of another.   

§ 85-2.  Seizure and impounding. 

A.     Any police officer, State Dog Warden, Animal Control Officer or Constable is hereby authorized to seize, detain and impound any dog, cat or other domesticated animal or nondomesticated animal found running at large unattended in the Township of Decatur at such place to be designated by the Supervisors of the Township. 

B.     Notice of such seizure, detention and impounding shall be sent to the owner of such animal in such manner as may be prescribed by law, and such animal may be redeemed by the owner thereof within the time specified by the then-effective "Dog Law"[1] or other applicable statutes upon payment of the charges incurred by reason of such detention.   

§ 85-3.  Violations and penalties. [2] 

Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. 

§ 85-4.  Effect on other provisions.

This article shall not provide an exclusive remedy, nor shall the provisions thereof be a bar to proceedings under or actions to enforce any other ordinance or statute then in force.  



[1].  Editor's Note: See 3 P.S. § 459-101 et seq.

[2].  Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). 

Chapter 96

BURNING, OPEN

[HISTORY: Adopted by the Board of Supervisors of the Township of Decatur 10-8-1991 by Ord. No. 40. Amendments noted where applicable.]

§ 96-1.  Purpose.

The purpose of this chapter is to protect the health, comfort, living conditions, welfare and safety of the citizens of Decatur Township by safeguarding the citizens from the hazards of outside fires within the Township. 

§ 96-2.  Definitions.

The following words, terms and phrases, when used in this chapter, unless the context clearly indicates otherwise, shall have the following meanings ascribed to them: 

BOARD — Decatur Township Board of Supervisors.  

FURNACE — Any enclosed device specifically designed for the burning of any material for the production of heat.  

GARBAGE — All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.  

INCINERATOR — Any device specifically designed for the destruction by burning of refuse, sewage sludge or any other combustible material.  

OPEN FIRE — A fire in which any material is burned in the open or in a receptacle other than a furnace, incinerator or metal container with a lid specifically designed for such use.  

PERSON — Any individual, partnership, association, syndicate, company, firm, trust, corporation, department, bureau, agency or other entity recognized by law as the subject of rights and duties.  

REFUSE — Garbage, rubbish and trade waste.  

RESPONSIBLE PERSON — A natural person at least 18 years of age.  

RUBBISH — Solid waste not considered to be highly flammable or explosive, including but not limited to rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, tree branches, tree leaves, yard trimmings, furniture, tin cans, glass, crockery, masonry and other similar materials.[1]  

SALVAGE OPERATION — Any business, trade or industry engaged in whole or in part in salvaging or reclaiming any product or material, including, but not limited to, metals, chemicals, shipping containers or drums.  

TRADE WASTE — All solid or liquid material or rubbish resulting from construction, building operations, or the prosecution of any business, trade or industry, including but not limited to plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste materials; provided, however, that "trade waste" shall not include any coal refuse associated with the mining or preparation of coal.  

§ 96-3.  Restrictions.

Any person kindling or maintaining any bonfire or other fire or authorizing or permitting any such bonfires or other fire to be kindled or maintained on any street, avenue, road, alley or property, public or private, within Decatur Township shall comply with the following conditions: 

A.     Bonfires or other fires shall be kindled or maintained between sunrise and sunset; 

B.     Bonfires or other fires shall be kindled or maintained a safe distance from houses, barns, sheds, dry fields, woods or other inflammable materials or substances which might catch fire or explode, taking into account the quantity and nature of the material being burned, the velocity of the wind and other natural conditions existing at the time, but at no time shall a bonfire or other fire be within 15 feet of any building, structure, property line or combustible material; 

C.     Bonfires or other fires shall be attended by a responsible person until extinguished; 

D.     When any person desiring to kindle or maintain any bonfire or other fire is in doubt as to the application of the provisions of Subsection B of this section, the Chief of any fire company in Decatur Township and/or a Township Supervisor shall be consulted, and his decision shall be final.   

§ 96-4.  Exceptions. 

A.     The provisions of this chapter shall not apply to the burning of normal household garbage or rubbish in a metal container with a lid or an incinerator in safe condition by the occupants of a residence, provided the following conditions are met: 

(1)    Such burning is done between sunrise and sunset; 

(2)    Such burning shall be attended by a responsible person until extinguished; 

(3)    The burning of trade waste shall not be permitted; 

(4)    No hazardous or other objectionable condition will be created by such burning.   

B.     The provisions of this chapter shall not apply to a small, well-controlled fireplace or container for outdoor cooking, barbecues and the like, provided said fire is attended by a responsible person until extinguished.   

§ 96-5.  Fire hazards. 

A.     No person shall maintain any building or structure determined by the Decatur Township Board of Supervisors to be a fire hazard. Any such person determined to be maintaining a fire hazard shall be given written notice of said determination and afforded 10 days to correct or otherwise resolve the fire hazard condition. 

B.     The removal of any building or structure by open fire shall be prohibited unless performed by appropriate firefighting personnel following a determination by the Board that the prevention of this fire hazard cannot be safely abated by other means and is necessary for the protection of public health. 

(1)    It shall be the responsibility of the person maintaining the building or structure determined to be a fire hazard to secure any other approvals necessary before a burning hereunder may be performed.     

§ 96-6.  Notice of violation. [2] 

Any person violating the provisions of this chapter shall be notified of the violation by a Constable or police officer, a Township Supervisor of Decatur Township, or the Chief of any fire company located in Decatur Township and shall immediately take the steps recommended by such person to cease or limit the violation. 

§ 96-7.  Violations and penalties. [3] 

Any person violating the provisions of this chapter and failing to comply immediately with the steps recommended by a Constable or police officer or the Chief of any fire company in Decatur Township or a Township Supervisor of Decatur Township shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. 

§ 96-8.  Temporary bans.

The Board of Supervisors of Decatur Township may declare a temporary burning ban from time to time when, in their judgment, burning would constitute a danger to the public due to dry or other adverse weather conditions. 

§ 96-9.  Additional requirements.

In addition to complying with the other provisions of this chapter, any person desiring to do any burning regulated hereunder shall be responsible for complying with the requirements of any federal, state or local government and securing any necessary permits or approvals, all of which must be complied with before any burning is permitted hereunder. 



[1].  Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[2].  Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[3].  Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). 

 Chapter 103

CEMETERIES

[HISTORY: Adopted by the Board of Supervisors of the Township of Decatur 12-8-2009 by Ord. No. 73. Amendments noted where applicable.]

§ 103-1.  Purpose.

It is declared that the enactment of this chapter is necessary to promote public safety and to protect public and private property by establishing certain rules and regulations governing the operation of cemeteries within the Township. 

§ 103-2.  Rules and regulations. 

A.     The grounds and roadways of all cemeteries in Decatur Township, whether public or private, shall be closed from dusk to dawn each day to access by anyone other than properly authorized cemetery personnel or Township officials and employees. 

B.     Anyone found during the prohibited time period in or on cemetery grounds and roadways whose presence is not authorized in the above section shall be considered to be trespassing in violation of this chapter.   

§ 103-3.  Violations and penalties. [1] 

Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. 

[1].  Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). 

 Chapter 110

CONSTRUCTION CODES, UNIFORM

[HISTORY: Adopted by the Board of Supervisors of the Township of Decatur 6-8-2004 by Ord. No. 76. Amendments noted where applicable.]  

GENERAL REFERENCES

 Floodplain management — See Ch. 130.

 Sewers — See Ch. 210.

 Street naming and building numbering — See Ch. 228.

 Streets and sidewalks — See Ch. 235.

 Subdivision and land development — See Ch. 242.  

§ 110-1.  Election to administer and enforce.

This municipality hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. § 7210.101 to 7210.1103, as amended from time to time, and its regulations. 

§ 110-2.  Adoption of standards.

The Uniform Construction Code, contained in 34 Pa. Code Chapters 401 to 405, as amended from time to time, is hereby adopted and incorporated herein by reference as the Municipal Building Code of this municipality. 

§ 110-3.  Administration and enforcement methods.

Administration and enforcement of the code within this municipality shall be undertaken in any of the following ways, as determined by the governing body of this municipality from time to time by resolution: 

A.     By the designation of an employee of the municipality to serve as the municipal code official to act on behalf of the municipality; 

B.     By the retention of one or more construction code officials or third-party agencies to act on behalf of the municipality; 

C.     By agreement with one or more other municipalities for the joint administration and enforcement of this Act through an intermunicipal agreement; 

D.     By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of this municipality; 

E.      By entering into an agreement with the Pennsylvania Department of Labor and Industry for plan review, inspections and enforcement of structures other than one-family or two-family dwelling units and utility and miscellaneous-use structures.   

§ 110-4.  Board of Appeals.

A Board of Appeals shall be established by resolution of the governing body of this municipality in conformity with the requirements of the relevant provisions of the code, as amended from time to time, and for the purposes set forth therein. If at any time enforcement and administration is undertaken jointly with one or more other municipalities, said Board of Appeals shall be established by joint action of the participating municipalities. 

§ 110-5.  Effect on other regulations. 

A.     All building code ordinances or portions of ordinances which were adopted by this municipality on or before July 1, 1999, and which equal or exceed the requirements of the code shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the code, as amended from time to time. 

B.     All building code ordinances or portions of ordinances which are in effect as of the effective date of this article and whose requirements are less than the minimum requirements of the code are hereby amended to conform with comparable provisions of the code. 

C.     All relevant ordinances, regulations and policies of this municipality not governed by the code shall remain in full force and effect.   

§ 110-6.  Fees.

Fees assessable by the municipality for the administration and enforcement undertaken pursuant to this article and the code shall be established by the governing body by resolution from time to time.  

  Chapter 119

DISORDERLY CONDUCT

[HISTORY: Adopted by the Board of Supervisors of the Township of Decatur 10-11-1970 by Ord. No. 22. Amendments noted where applicable.]  

GENERAL REFERENCES

 Noise — See Ch. 179.  

§ 119-1.  Prohibited acts.

No person or persons shall willfully cause or commit, or suffer to be caused or committed, any act of disorderly conduct and/or disturbing the peace within the limits of Decatur Township. 

§ 119-2.  Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them as follows: 

DISORDERLY CONDUCT — Any act or behavior which tends to disrupt the public decorum, scandalize or shock the public sense of morality, or which is contrary to or a violation of the Penal Law of the State of Pennsylvania. It shall include, but not be limited to, loafing, sleeping or begging in or adjacent to public property and mingling or carousing in parked vehicles.  

DISTURBING THE PEACE — Any interruption of the peace, quiet and good order of the Township, particularly by unnecessary and distracting noises, so as to cause disturbance or annoyance of the peaceable residents or the traveling public. It shall include, but not be limited to, fighting, quarreling, drunkenness, throwing objects, improper language, riotous conduct and disorderly assemblies.  

§ 119-3.  Violations and penalties. [1] 

Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. 



[1].  Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). 

 Chapter 130

FLOODPLAIN MANAGEMENT

[HISTORY: Adopted by the Supervisors of the Township of Decatur 7-12-2011 by Ord. No. 77; amended in its entirety 12-13-2011.]  

GENERAL REFERENCES

 Sewers — See Ch. 210.

 Subdivision and land development — See Ch. 242.

 Water — See Ch. 283.  

ARTICLE I

General Provisions

§ 130-1.  Statutory authority.

The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry. Therefore, the Board of Supervisors of Decatur Township does hereby order as follows. 

§ 130-2.  Intent.

The intent of this chapter is to: 

A.     Promote the general health, welfare, and safety of the community. 

B.     Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future. 

C.     Minimize danger to public health by protecting water supply and natural drainage. 

D.     Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding. 

E.      Comply with federal and state floodplain management requirements.   

§ 130-3.  Applicability. 

A.     It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within Decatur Township, unless corresponding permits have been applied for from the Building Code Official or Floodplain Administrator and issued and properly displayed. 

B.     Building permits shall not be required for minor repairs to existing buildings or structures that fall under the definition of "exempt" of the Uniform Construction Code (henceforth also known as "UCC" as pertaining to this chapter), but may still be required under Chapter 242, Subdivision and Land Development, depending on the nature of the repairs or project.   

§ 130-4.  Abrogation and greater restrictions.

This chapter supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this chapter, the more restrictive shall apply. 

§ 130-5.  Warning and disclaimer of liability. 

A.     The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas will be free from flooding or flood damages. 

B.     This chapter shall not create liability on the part of Decatur Township or any officer or employee thereof for any flood damages resulting from reliance on this chapter or any administrative decision lawfully made thereunder.    

ARTICLE II

Administration and Enforcement

§ 130-6.  Designation of Floodplain Administrator.

The Building Code Official within the Decatur Township Code Enforcement office is hereby appointed to administer and enforce this chapter and is referred to herein as the "Floodplain Administrator." 

§ 130-7.  Permit required.

A permit, depending on scope of work as defined by Township ordinances, as well as the UCC, shall be required before any construction or development is undertaken within any area of Decatur Township. 

§ 130-8.  Duties and responsibilities of Floodplain Administrator. 

A.     The Floodplain Administrator shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances. 

B.     Prior to the issuance of any permit, the Floodplain Administrator shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended)[2]; the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended)[3]; the Pennsylvania Clean Streams Act (Act 1937-394, as amended)[4]; and the United States Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made. 

C.     In the case of existing structures, prior to the issuance of any permits, the Floodplain Administrator shall review the history of repairs to the subject building, so that any repetitive loss issues can be addressed. 

D.     During the construction period, the Floodplain Administrator or other authorized official of Decatur Township shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. He/she shall make as many inspections during and upon completion of the work as are necessary. 

E.      In the discharge of his/her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this chapter. 

F.      In the event the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Floodplain Administrator shall revoke the permit and report such fact to the Board of Supervisors of Decatur Township for whatever action it considers necessary. 

G.     The Floodplain Administrator shall maintain all records associated with the requirements of this chapter, including, but not limited to, permitting, inspection and enforcement. 

H.     The Floodplain Administrator shall consider the requirements of 34 Pa. Code and the 2009 International Building Code (IBC) and the 2009 International Residential Code (IRC), or latest revisions thereof.   

§ 130-9.  Application for permit. 

A.     Application for such a permit shall be made, in writing, to the Floodplain Administrator on forms supplied by Decatur Township. Such application shall contain the following: 

(1)    The name and address of the applicant. 

(2)    The name and address of the owner of the land on which the proposed construction is to occur. 

(3)    The name and address of the contractor. 

(4)    The site location, including address. 

(5)    A listing of other permits required. 

(6)    A brief description of the proposed work and estimated cost, including a breakout of flood-related cost and the market value of the building before the flood damage occurred, where appropriate. 

(7)    A plan of the site showing the exact size and location of the proposed construction, as well as any existing buildings or structures.   

B.     If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator to determine that: 

(1)    All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances. 

(2)    All utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage. 

(3)    Adequate drainage is provided so as to reduce exposure to flood hazards. 

(4)    Structures will be anchored to prevent flotation, collapse, or lateral movement. 

(5)    Building materials are flood-resistant. 

(6)    Appropriate practices that minimize flood damage have been used. 

(7)    Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities have been designed and/or located to prevent water entry or accumulation.   

C.     Applicants shall file the following minimum information, plus any other pertinent information as may be required by the Floodplain Administrator to make the above determination: 

(1)    A completed permit application form. 

(2)    A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:  

(a)     North arrow, scale, and date;  

(b)     Topographic contour lines, if available;  

(c)     The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development;  

(d)    The location of all existing streets, drives, and other accessways; and  

(e)     The location of any existing bodies of water or watercourses, identified floodplain areas, and, if available, information pertaining to the floodway and the flow of water, including direction and velocities.   

(3)    Plans of all proposed buildings, structures and other improvements, drawn at suitable scale, showing the following:  

(a)     The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988;  

(b)     The elevation of the base flood;  

(c)     Supplemental information as may be necessary under 34 Pa. Code, the 2009 IBC or the 2009 IRC.   

(4)    The following data and documentation:  

(a)     If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood elevation.  

(b)     Detailed information concerning any proposed floodproofing measures and corresponding elevations.  

(c)     Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within a special floodplain area (See § 130-18C.), when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point.  

(d)    A document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the base flood elevation. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development.  

(e)     Detailed information needed to determine compliance with § 130-23F, Storage, and § 130-24, Development which may endanger human life, including:  

[1]    The amount, location and purpose of any materials or substances referred to in §§ 130-23F and 130-24 which are intended to be used, produced, stored or otherwise maintained on site.  

[2]    A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 130-24 during a base flood.    

(f)     The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."  

(g)     Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection, to implement and maintain erosion and sedimentation control.     

D.     Applications for permits shall be accompanied by a fee, payable to the municipality, based upon the estimated cost of the proposed construction as determined by the Floodplain Administrator.   

§ 130-10.  Review by County Conservation District.

A copy of all applications and plans for any proposed construction or development in any identified floodplain area to be considered for approval shall be submitted by the Floodplain Administrator to the County Conservation District for review and comment prior to the issuance of a permit. The recommendations of the Conservation District shall be considered by the Floodplain Administrator for possible incorporation into the proposed plan. 

§ 130-11.  Review of application by others.

A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the Floodplain Administrator to any other appropriate agencies and/or individuals (e.g., Planning Commission, Municipal Engineer, etc.) for review and comment. 

§ 130-12.  Changes.

After the issuance of a permit by the Floodplain Administrator, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Floodplain Administrator. Requests for any such change shall be in writing and shall be submitted by the applicant to the Floodplain Administrator for consideration. 

§ 130-13.  Placards.

In addition to the permit, the Floodplain Administrator shall issue a placard, which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the permit, the date of its issuance and be signed by the Floodplain Administrator. 

§ 130-14.  Start of construction; time for completion; extensions. 

A.     Work on the proposed construction or development shall begin within 180 days after date of issuance and shall be completed within 12 months after the date of issuance of the permit or the permit shall expire, unless a time extension is granted, in writing, by the Floodplain Administrator. The "actual start of construction" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. 

B.     Time extensions shall be granted only if a written request is submitted by the applicant, which sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request.   

§ 130-15.  Enforcement; violations and penalties. 

A.     Notices. Whenever the Floodplain Administrator or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this chapter, or of any regulations adopted pursuant thereto, the Floodplain Administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall: 

(1)    Be in writing; 

(2)    Include a statement of the reasons for its issuance; 

(3)    Allow a reasonable time, not to exceed a period of 30 days, for the performance of any act it requires; 

(4)    Be served upon the property owner or his agent, as the case may require; provided, however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this state; 

(5)    Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter.   

B.     Penalties. Any person who fails to comply with any or all of the requirements or provisions of this chapter or who fails or refuses to comply with any notice, order of direction of the Floodplain Administrator or any other authorized employee of the municipality shall be guilty of an misdemeanor and, upon conviction, shall pay a fine to Decatur Township of not less than $100 nor more than $1,000, plus costs of prosecution. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this chapter. The imposition of a fine or penalty for any violation of, or noncompliance with, this chapter shall not excuse the violation or noncompliance or permit it to continue, and all such persons shall be required to correct or remedy such violations and noncompliance within a reasonable time. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated in noncompliance with this chapter may be declared by the Decatur Township Board of Supervisors to be a public nuisance and abatable as such.   

§ 130-16.  Appeals. 

A.     Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of this chapter may appeal to the Decatur Township Board of Supervisors. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the Floodplain Administrator. 

B.     Upon receipt of such appeal, the Decatur Township Board of Supervisors shall set a time and place, within not less than 10 nor more than 30 days, for the purpose of considering the appeal. Notice of the time and place at which the appeal will be considered shall be given to all parties. 

C.     Any person aggrieved by any decision of the Decatur Township Board of Supervisors may seek relief therefrom by appeal to court, as provided by the laws of this state, including the Pennsylvania Flood Plain Management Act.[5]    

ARTICLE III

Identification of Floodplain Areas

§ 130-17.  Identification. 

A.     The identified floodplain area shall be any areas of Decatur Township classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated November 2, 2011, and issued by the Federal Emergency Management Agency (FEMA), or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study. 

B.     The above-referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by Decatur Township and declared to be a part of this chapter.   

§ 130-18.  Description and special requirements.

The identified floodplain area shall consist of the following two specific areas/districts: 

A.     The AE Area/District shall be those areas identified as an "AE Zone" on the FIRM included in the FIS prepared by FEMA and for which one-hundred-year-flood elevations have been provided in the FIS. 

B.     The AE Area/District without floodway shall be those areas identified as a "Zone A1-30" or "AE Zone" on the FIRM included in the FIS prepared by FEMA and for which base flood elevations have been provided in the FIS but no floodway has been delineated. No permit shall be granted for any construction, development, use or activity within any AE Area/District without floodway, unless it is demonstrated that the cumulative effect of the proposed development would not, together with all other existing and anticipated development, increase the BFE more than one foot at any point. 

C.     The A Area/District shall be those areas identified as an "A Zone" on the FIRM included in the FIS prepared by FEMA and for which no one-hundred-year-flood elevations have been provided. For these areas, elevation and floodway information from other federal, state, or other acceptable source shall be used when available. Where other acceptable information is not available, the elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site. 

D.     In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the municipality.   

§ 130-19.  Revisions or modifications.

The identified floodplain area may be revised or modified by the Decatur Township Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from the FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the FEMA of the changes by submitting technical or scientific data. 

§ 130-20.  Boundary disputes.

Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Decatur Township Planning Commission, and any party aggrieved by this decision or determination may appeal to the Decatur Township Board of Supervisors, in writing, within 10 days of the decision or determination. The burden of proof shall be on the appellant.  

ARTICLE IV

Technical Provisions

§ 130-21.  General requirements. 

A.     Alteration or relocation of watercourse. 

(1)    No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the municipality and until all required permits or approvals have been first obtained from the Department of Environmental Protection regional office. 

(2)    No encroachment, alteration, or improvement of any kind shall be made to any watercourse, unless it can be shown that the activity will not reduce or impede the flood-carrying capacity of the watercourse in any way. 

(3)    In addition, the FEMA and Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.   

B.     The applicant shall submit technical or scientific data to FEMA for a letter of map revision (LOMR) within six months of the completion of any new construction, development, or other activity resulting in changes in the BFE. 

C.     Within any floodway area, no new construction or development shall be permitted that would cause any increase in the one-hundred-year-flood elevation. 

D.     Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this chapter and any other applicable codes, ordinances and regulations. 

E.      Within any identified floodplain area, no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the Department of Environmental Protection regional office.   

§ 130-22.  Elevation and floodproofing requirements. 

A.     Residential structures. 

(1)    In AE, A1-30, and AH Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation. 

(2)    In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 130-18C of this chapter. 

(3)    In AO Zones, any new construction or substantial improvement shall have the lowest floor (including basement) at or above the highest adjacent grade at least as high as the depth number specified on the FIRM. 

(4)    The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC), or the most recent revisions thereof, and ASCE 24 and 34 Pa. Code Chapters 401 to 405, as amended, shall be utilized.   

B.     Nonresidential structures. 

(1)    In AE, A1-30 and AH Zones, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation or be designed and constructed so that the space enclosed below the regulatory flood elevation:  

(a)     Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water; and  

(b)     Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.   

(2)    In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 130-18C of this chapter. 

(3)    Any nonresidential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the WI or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations," published by the United States Army Corps of Engineers (June 1972, as amended March 1992), or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect, which states that the proposed design and methods of construction are in conformance with the above-referenced standards. 

(4)    The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC), or the most recent revisions thereof, and ASCE 24 and 34 Pa. Code Chapters 401 to 405, as amended, shall be utilized.   

C.     Space below the lowest floor. 

(1)    Fully enclosed space below the lowest floor (excluding basements) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "fully enclosed space" also includes crawl spaces. 

(2)    Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:  

(a)     A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.  

(b)     The bottom of all openings shall be no higher than one foot above grade.  

(c)     Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.     

D.     Historic structures. See the definition of "substantial improvement" in § 130-34 for requirements for the substantial improvement of any historic structures. 

E.      Accessory structures. Structures accessory to a principal building need not be elevated or floodproofed to remain dry, but shall comply, at a minimum, with the following requirements: 

(1)    The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles or to the storage of tools, material, and equipment related to the principal use or activity. 

(2)    Floor area shall not exceed 200 square feet. 

(3)    The structure will have a low damage potential. 

(4)    The structure will be located on the site so as to cause the least obstruction to the flow of floodwaters. 

(5)    Power lines, wiring, and outlets will be elevated to the regulatory flood elevation. 

(6)    Permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc., are prohibited. 

(7)    Sanitary facilities are prohibited. 

(8)    The structure shall be adequately anchored to prevent flotation or movement and shall be designed to automatically provide for the entry and exit of floodwater for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:  

(a)     A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.  

(b)     The bottom of all openings shall be no higher than one foot above grade.  

(c)     Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.       

§ 130-23.  Design and construction standards.

The following minimum standards shall apply for all construction and development proposed within any identified floodplain area: 

A.     Fill. If fill is used, it shall: 

(1)    Extend laterally at least 15 feet beyond the building line from all points; 

(2)    Consist of soil or small rock materials only; sanitary landfills shall not be permitted; 

(3)    Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling; 

(4)    Be no steeper than one vertical to two horizontal feet, unless substantiated data, justifying steeper slopes, are submitted to and approved by the Floodplain Administrator; and 

(5)    Be used to the extent to which it does not adversely affect adjacent properties.   

B.     Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure proper drainage along streets and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties. 

C.     Water and sanitary sewer facilities and systems. 

(1)    All new or replacement water supply and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters. 

(2)    Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters. 

(3)    No part of any on-site sewage system shall be located within any identified floodplain area, except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood. 

(4)    The design and construction provisions of the UCC and FEMA No. 348, Protecting Building Utilities from Flood Damages, and the International Private Sewage Disposal Code shall be utilized.   

D.     Other utilities. All other utilities, such as gaslines, electrical and telephone systems, shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood. 

E.      Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation. 

F.      Storage. All materials that are buoyant, flammable, explosive, or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 130-24, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible. 

G.     Placement of buildings and structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater. 

H.     Anchoring. 

(1)    All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement. 

(2)    All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.   

I.       Floors, walls and ceilings. 

(1)    Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without causing structural damage to the building. 

(2)    Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety. 

(3)    Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant and will withstand inundation. 

(4)    Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.   

J.       Paints and adhesives. 

(1)    Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality. 

(2)    Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety. 

(3)    All wooden components (doors, trim, cabinets, etc.) shall be finished with a marine or water-resistant paint or other finishing material.   

K.     Electrical components. 

(1)    Electrical distribution panels shall be at least three feet above the base flood elevation. 

(2)    Separate electrical circuits shall serve lower levels and shall be dropped from above.   

L.      Equipment. 

(1)    Water heaters, furnaces, air-conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.   

M.     Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs. 

N.     Uniform Construction Code coordination. The standards and specifications contained 34 Pa. Code Chapters 401 to 405, as amended, and not limited to the following provisions shall apply to the above and other sections and subsections of this chapter, to the extent that they are more restrictive and/or supplement the requirements of this chapter: 

(1)    International Building Code (IBC) 2009, or the latest edition thereof: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402 and Appendix G. 

(2)    International Residential Building Code (IRC) 2009, or the latest edition thereof: Sections R104, R105, R109, R323, Appendix AE101, Appendix E and Appendix J.     

§ 130-24.  Development which may endanger human life. 

A.     In accordance with the Pennsylvania Flood Plain Management Act[6] and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances or will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises or will involve the production, storage, or use of any amount of radioactive substances shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:

              Acetone          

              Ammonia       

              Benzene         

              Calcium carbide         

              Carbon disulfide        

              Celluloid        

              Chlorine         

              Hydrochloric acid      

              Hydrocyanic acid       

              Magnesium     

              Nitric acid and oxides of nitrogen     

              Petroleum products (gasoline, fuel oil, etc.)              

              Phosphorus     

              Potassium       

              Sodium           

              Sulphur and sulphur products            

              Pesticides (including insecticides, fungicides, and rodenticides)      

              Radioactive substances, insofar as such substances are not otherwise regulated  

    

B.     Where permitted within any floodplain area, any new or substantially improved structure of the kind described in Subsection A above shall be: 

(1)    Elevated or designed and constructed to remain completely dry up to at least the regulatory flood elevation; and 

(2)    Designed to prevent pollution from the structure or activity during the course of a base flood elevation.   

C.     Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-Proofing Regulations" (United States Army Corps of Engineers, June 1972, as amended March 1992) or with some other equivalent watertight standard.   

§ 130-25.  Special requirements for subdivisions.

All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in flood hazard areas where base flood elevation data are not available shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision or letter of map revision. Submittal requirements and processing fees shall be the responsibility of the applicant. 

§ 130-26.  Special requirements for manufactured homes. 

A.     Within the Approximate Floodplain or Special Floodplain Area, manufactured homes shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse. 

B.     Where permitted within any floodplain area, all manufactured homes, and any improvements thereto, shall be: 

(1)    Placed on a permanent foundation; 

(2)    Elevated so that the lowest floor of the manufactured home is above the regulatory flood elevation; and 

(3)    Anchored to resist flotation, collapse, or lateral movement.   

C.     Installation of manufactured homes shall be done in accordance with the manufacturer's installation instructions as provided by the manufacturer. Where the applicant cannot provide the above information, the requirements of Appendix E of the 2009 International Residential Building Code or the United States Department of Housing and Urban Development's Permanent Foundations for Manufactured Housing, 1984 Edition, draft or latest revision thereto, shall apply and 34 Pa. Code Chapters 401 to 405. 

D.     Consideration shall be given to the installation requirements of the 2009 IBC and the 2009 IRC, or the most recent revisions thereto, and 34 Pa. Code, as amended, where appropriate and/or applicable to units where the manufacturer's standards for anchoring cannot be provided or were not established for the unit's proposed installation.   

§ 130-27.  Special requirements for recreational vehicles.

Recreational vehicles in Zones A1-30, AH and AE must either: 

A.     Be on the site for fewer than 180 consecutive days; 

B.     Be fully licensed and ready for highway use; or 

C.     Meet the permit requirements for manufactured homes in § 130-26.    

ARTICLE V

Prohibited Activities

§ 130-28.  Enumeration of prohibited activities.

Because of the special hazards presented, including but not limited to danger to the health and safety of the general public and the significant pollution, increased flood levels or flows or debris endangering life and property, the following activities shall be prohibited within any identified floodplain area: 

A.     The commencement of any of the following activities or the construction, enlargement, or expansion of any structure used, or intended to be used, for any of the following activities: 

(1)    Hospitals. 

(2)    Nursing homes. 

(3)    Jails, prisons and/or detention centers. 

(4)    Schools, private or public. 

(5)    The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision or substantial improvement to an existing manufactured home park or manufactured home subdivision. 

(6)    Facilities necessary for emergency response, such as fire, ambulance and police stations, civil defense preparedness buildings and facilities, emergency communication facilities, evacuation and emergency medical centers.      

ARTICLE VI

Existing Structures in Identified Floodplain Areas

§ 130-29.  General provisions.

The provisions of this chapter do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of § 130-30 shall apply. 

§ 130-30.  Improvements.

The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area: 

A.     No expansion or enlargement of an existing structure shall be allowed within any identified floodplain area that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point. 

B.     Any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this chapter. 

C.     The above activity shall also address the requirements of 34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC. 

D.     Any modification, alteration, reconstruction or improvement of any kind that meets the definition of "repetitive loss" shall be undertaken only in full compliance with the provisions of this chapter.    

ARTICLE VII

Variances

§ 130-31.  Authority to grant variances.

If compliance with any of the requirements of this chapter would result in an exceptional hardship to a prospective builder, developer or landowner, Decatur Township may, upon written request, grant relief from the strict application of the requirements. 

§ 130-32.  Procedures and conditions. 

A.     Requests for variances shall be considered by Decatur Township in accordance with the procedures contained in § 130-16 and the following: 

(1)    No variance shall be granted for any construction, development, use, or activity within any floodway area that would cause any increase in the BFE. 

(2)    No variance shall be granted for any construction, development, use, or activity within any identified floodplain area that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point. 

(3)    Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by prohibited activities (Article V) or to development which may endanger human life (§ 130-24). 

(4)    If granted, a variance shall involve only the least modification necessary to provide relief. 

(5)    In granting any variance, Decatur Township shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare and to achieve the objectives of this chapter. 

(6)    In reviewing any request for a variance, Decatur Township shall consider, at a minimum, the following:  

(a)     That there is good and sufficient cause.  

(b)     That failure to grant the variance would result in exceptional hardship to the applicant.  

(c)     That the granting of the variance will neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense, nor create nuisances, cause fraud on or victimize the public, or conflict with any other applicable state or local ordinances and regulations.   

(7)    Whenever a variance is granted, the Decatur Township shall notify the applicant in writing that:  

(a)     The granting of the variance may result in increased premium rates for flood insurance.  

(b)     Such variances may increase the risks to life and property.   

(8)    A complete record of all variance requests and related actions shall be maintained by Decatur Township. In addition, a report of all variances granted during the year shall be included in the annual report to the FEMA.   

B.     Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-percent-annual-chance flood.    

ARTICLE VIII

Terminology

§ 130-33.  Interpretation.

Unless specifically defined below, words and phrases used in this chapter shall be interpreted so as to give this chapter its most reasonable application. 

§ 130-34.  Definitions.

As used in this chapter, the following terms shall have the meanings indicated: 

ACCESSORY USE OR STRUCTURE — A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.  

BASE FLOOD — A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood" or "one-percent-annual-chance flood").  

BASE FLOOD ELEVATION (BFE) — The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH and A1-30 that indicates the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.  

BASEMENT — Any area of the building having its floor below ground level on all sides.  

BUILDING — A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.  

DEVELOPMENT — Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.  

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION — A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.  

EXISTING STRUCTURE — A structure for which the start of construction commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing structure" may also be referred to as "existing construction."  

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION — The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).  

FLOOD — A temporary inundation of normally dry land areas.  

FLOOD INSURANCE RATE MAP (FIRM) — The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk-premium zones applicable to the community.  

FLOOD INSURANCE STUDY (FIS) — The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.  

FLOODPLAIN AREA — A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse and/or any area subject to the unusual and rapid accumulation of surface waters from any source.  

FLOODPROOFING — Any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.  

FLOODWAY — The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.  

HIGHEST ADJACENT GRADE — The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.  

HISTORIC STRUCTURES — Any structure that is:  

A.     Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;  

B.     Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;  

C.     Individually listed on a state inventory of historic places in states which have been approved by the Secretary of the Interior; or  

D.     Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:  

(1)    By an approved state program as determined by the Secretary of the Interior; or   

(2)    Directly by the Secretary of the Interior in states without approved programs.      

LOWEST FLOOR — The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant, partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.  

MANUFACTURED HOME — A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.  

MANUFACTURED HOME PARK OR SUBDIVISION — A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.  

MINOR REPAIR — The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting public health or general safety.  

NEW CONSTRUCTION — Structures for which the start of construction commenced on or after November 2, 2011, adopted by the community and includes any subsequent improvements to such structures. Any construction started after November 16, 1990, and before November 2, 2011, is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issue.  

NEW MANUFACTURED HOME PARK OR SUBDIVISION — A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.  

PERSON — An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.  

RECREATIONAL VEHICLE — A vehicle which is:  

A.     Built on a single chassis;  

B.     Not more than 400 square feet, measured at the largest horizontal projections;  

C.     Designed to be self-propelled or permanently towable by a light-duty truck;  

D.     Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.    

REGULATORY FLOOD ELEVATION — The base flood elevation (BFE) or estimated flood height as determined using simplified methods, plus a freeboard safety factor of 1 1/2 feet.  

REPETITIVE LOSS — Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred.  

SPECIAL FLOOD HAZARD AREA (SFHA) — An area in the floodplain subject to a one-percent or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99 or AH.  

START OF CONSTRUCTION — Includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.  

STRUCTURE — A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.  

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 divisions 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; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres not involving any new street or easement of access or any residential dwelling shall be exempted.  

SUBSTANTIAL DAMAGE — Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.  

SUBSTANTIAL IMPROVEMENT  

A.     Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.  

B.     Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this chapter must comply with all ordinance requirements that do not preclude the structure's continued designation as an historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic Places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.    

UNIFORM CONSTRUCTION CODE (UCC) — The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities, whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the state floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.  

VIOLATION — The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.   



[1].  Editor's Note: See 32 P.S. § 679.101 et seq.

[2].  Editor's Note: See 35 P.S. § 750.1 et seq.

[3].  Editor's Note: See 32 P.S. § 693.1 et seq.

[4].  Editor's Note: See 35 P.S. § 691.1 et seq.

[5].  Editor's Note: See 32 P.S. § 679.101 et seq.

[6].  Editor's Note: See 32 P.S. § 679.101 et seq. 

Chapter 152

INSURANCE

[HISTORY: Adopted by the Board of Supervisors of the Township of Decatur as indicated in article histories. Amendments noted where applicable.]

ARTICLE I

Fire Insurance Claims

[Adopted 12-12-1995]

§ 152-1.  Designated officer.

The Treasurer of Decatur Township is hereby appointed as the designated officer who is authorized to carry out all responsibilities and duties stated herein. 

§ 152-2.  Restrictions on payment of claims.

No insurance company, association or exchange (hereinafter the "insuring agent") doing business in the Commonwealth of Pennsylvania shall pay a claim of a named insured for fire damage to a structure located within Decatur Township (hereinafter the "Township") where the amount recoverable for the fire loss to the structure under all policies exceeds $7,500, unless the named insured or insuring agent is furnished by the Township Treasurer with a municipal certificate pursuant to 40 P.S. § 638(b)(1)(i) or (ii) and unless there is compliance with 40 P.S. § 638(c) and (d) and the provisions of this article. 

§ 152-3.  Procedure for payment of claims.

Where, pursuant to 40 P.S. § 638(b)(1)(i), the Township Treasurer issues a certificate indicating that there are not delinquent taxes, assessments, penalties or user charges against real property, the insuring agent shall pay the claim of the named insured; provided, however, that if the loss as agreed upon by the named insured and the insuring agent equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or other structure, the following procedures must be followed: 

A.     The insuring agent shall transfer from the insurance proceeds to the Township Treasurer in the aggregate of $2,000 for each $15,000 and each fraction of that amount of a claim, this section to be applied such that if the claim is $15,000 or less, the amount transferred to the Township shall be $2,000. 

B.     If, at the time of a proof of loss agreed to between the named insured and the insuring agent, the named insured has submitted a contractor's signed estimate of the costs of removing, repairing or securing the building or other structure, the insuring agent shall transfer to the Township from the insurance proceeds the amount specified in the estimate. 

C.     The transfer of proceeds shall be on pro rata basis by all companies, associations or exchanges insuring the building or other structure. 

D.     After the transfer, the named insured may submit a contractor's signed estimate of the costs of removing, repairing or securing the building or other structure, and the Township Treasurer shall return the amount of the funds transferred to the Township in excess of the estimate to the named insured, if the Township has not commenced to remove, repair or secure the building or other structure. 

E.      Upon receipt of proceeds under this section, the Township shall do the following: 

(1)    The Township Treasurer shall place the proceeds in a separate fund to be used solely as security against the total costs of removing, repairing, or securing the building or structure which are incurred by the Township. Such costs shall include, without limitation, any engineering, legal or administrative costs incurred by the Township in connection with such removal, repair or securing of the building or any proceeding related thereto; and 

(2)    It is the obligation of the insuring agent when transferring the proceeds to provide the Township with the name and address of the named insured. Upon receipt of the transferred funds and the name and address of the named insured, the Township Treasurer shall contact the named insured, certify that the proceeds have been received by the Township and notify the named insured that the procedures under this subsection shall be followed; and 

(3)    When repairs, removal or securing of the building or other structure have been completed in accordance with all applicable regulations and orders of the Township and the required proof of such completion received by the Township Treasurer, and if the Township has not incurred any costs for repairs, removal or securing, the fund shall be returned to the named insured. If the Township has incurred costs for repairs, removal or securing of the building or other structure, the costs shall be paid from the fund, and if excess funds remain, the Township shall transfer the remaining funds to the named insured; and 

(4)    To the extent that interest is earned on proceeds held by the Township pursuant to this section, which proceeds are not returned to the named insured, such interest shall belong to the Township. Any interest earned on proceeds that are returned to the named insured shall be distributed to the named insured at the time that the proceeds are returned.   

F.      Nothing in this section shall be construed to limit the ability of the Township to recover any deficiency. Furthermore, nothing in this subsection shall be construed to prohibit the Township and the named insured from entering into an agreement that permits the transfer of funds to the named insured if some other reasonable disposition of the damaged property has been negotiated.   

§ 152-4.  Implementation; fees.

The Township may, by resolution, adopt procedures and regulations to implement the requirements of the statute and this article and may, by resolution, fix reasonable fees to be charged for municipal activities or services provided pursuant to this article, including but not limited to issuance of certificates and bills, performance of inspections and opening separate fund accounts. 

§ 152-5.  Violations and penalties.

Any owner of property, any named insured or any insuring agent who violates this article shall be subject to a penalty of up to $1,000 per violation. 

§ 152-6.  Filing of copies of provisions.

The Township Secretary shall cause a copy of this article to be filed with the Department of Community and Economic Development or such other department as may be required by the commonwealth, along with the name, position and phone number of the municipal official responsible for compliance with this article.  

Chapter 179

NOISE

[HISTORY: Adopted by the Board of Supervisors of the Township of Decatur as indicated in article histories. Amendments noted where applicable.]  

GENERAL REFERENCES

 Nuisances — See Ch. 186.  

ARTICLE I

Compression Release Engine Brakes

[Adopted 9-14-2004 by Ord. No. 68]

§ 179-1.  Title.

This article shall be known as the "Decatur Township Engine Brake Ordinance." 

§ 179-2.  Definitions.

For the purpose of this article, the following terms shall have the meanings indicated: 

ENGINE BRAKE — Any compression-release-type braking system or device on certain vehicles, including, but not limited to, tractors, semi-trucks, motor carriers and buses, that utilizes engine compression release or engine retarders as a means of slowing or braking the speed of the vehicle in lieu of, or in addition to, applying the clutch or brakes.  

§ 179-3.  Prohibited acts; exemption.

No gasoline- or diesel-powered motor shall be operated on the streets, roads, alleys or highways within Decatur Township, Clearfield County, Pennsylvania, utilizing an engine brake or any compression-release-type or engine retarder brake of same or similar type, whatever it may be known as. Emergency vehicles shall be exempt from this section. 

§ 179-4.  Violations and penalties. [1] 

Any person, firm, corporation or organization violating the provisions of § 179-3 of this article shall, upon conviction before a Magisterial District Judge having jurisdiction, be guilty of a summary offense and shall pay a fine of not more than $1,000, plus costs of prosecution.  



[1].  Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).  

Chapter 186

NUISANCES

[HISTORY: Adopted by the Board of Supervisors of the Township of Decatur 12-13-2011 by Ord. No. 79. Amendments noted where applicable.]  

GENERAL REFERENCES

 Animals — See Ch. 85.

 Disorderly conduct — See Ch. 119.

 Noise — See Ch. 179.

 Solid waste — See Ch. 219.  

§ 186-1.  Definitions; word usage.

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number, and the word "shall" is always mandatory and not merely directory. 

ASHES — Residue from burning of wood, coal, coke and other combustible materials.  

BOARD — The Board of Supervisors of Decatur Township, Clearfield County.  

GARBAGE — Waste resulting from the handling, preparation, cooking and consumption of food; wastes from the handling, storage and sale of produce.  

JUNKED OR ABANDONED MOTOR VEHICLES — Any vehicle unable to move under its own power and/or without having both a current inspection and current registration.  

JUNK MATERIAL — Includes, but is not limited to, unused or abandoned machinery, equipment or appliances and all forms of waste and refuse of any type of materials, including scrap metal, glass, industrial waste and other salvageable materials.  

NUISANCE — The unreasonable, unwarrantable, or unlawful use of public or private property which causes injury, damage, hurt, inconvenience, annoyance or discomfort to any person or resident in the legitimate enjoyment of his reasonable rights of a person or property.  

OWNER — The person owning, leasing, occupying or having charge of any premises within the Township.  

PERSON — Any natural person, firm, partnership, association, corporation, company, club, copartnership, society, or any organization of any kind.  

REFUSE/RUBBISH — Combustible trash, including paper, cartons, boxes, barrels, wood excelsior, tree branches, yard trimmings, leaves, wood furniture, bedding; noncombustible trash, including metals, tins cans, metal furniture, dirt, small quantities of rock and pieces of concrete, glass, crockery, other mineral waste; street rubbish, including street sweepings, dirt, catch basin dirt, contents of litter receptacles. Refuse shall not include earth and wastes from building operations, nor shall it include leaves, cornstalks, stubble or other vegetable material generated in the course of harvesting agricultural crops.  

TOWNSHIP — The Township of Decatur, which is located within the confines of Clearfield County, Pennsylvania.  

VEGETATION — Any grass, weed or vegetation whatsoever, which is not edible or planted for some useful, legal or ornamental purpose.  

§ 186-2.  Prohibited acts.

The following shall be considered to constitute a nuisance and are prohibited: 

A.     It shall be unlawful to place or permit to remain anywhere in the Township any garbage or other material subject to decay, other than leaves or grass, except in a tightly covered container, except that a mulch heap is permitted which is properly maintained for gardening purposes and does not materially disturb or annoy persons of ordinary sensibilities in the neighborhood. 

B.     It shall be unlawful for any person to store more than 14 days of garbage as defined by this chapter which may pose potential health hazards and safety problems to the community. 

C.     It shall be unlawful to cause or permit to accumulate any dust, ashes or refuse or rubbish of such a material that it can be blown away by the wind anywhere in the Township, except in a covered container. 

D.     It shall be unlawful to keep, collect or use any stale, putrid, stinking fat, grease or other similar matter in or near any establishment or residence within the Township. 

E.      It shall be unlawful to store or accumulate abandoned or junked motor vehicles or junk materials, including but not limited to abandoned machinery, equipment, or appliances, including scrap metal, glass, industrial waste and other salvageable materials, in any manner that can be seen from the public highway, road, street, avenue, lane or alley which is maintained by the Township or Commonwealth of Pennsylvania, unless they are being stored or accumulated for resale, in which event they shall be either sheltered by a building or screened from public view by either an evergreen or solid fence sufficient to block their view from said roadways. 

(1)    All abandoned or junked motor vehicles shall be moved within 60 days, or, if at a vehicle repair business, within 90 days.   

F.      It shall be unlawful to store or accumulate more than three antique or collector motor vehicles for restoration which are neither sheltered by a building nor enclosed behind an evergreen or solid fence sufficient to block their view from the public or to store or accumulate in a nonorderly fashion three or less antique or collector motor vehicles. 

G.     It shall be unlawful to drain or permit to flow or to allow to drain or flow, by pipe or other channel, whether natural or artificial, any foul or offensive water, liquids, fluids or drainage from sinks, bathtubs, washstands, lavatories, water closets, swimming pools, privies, cesspools and/or storage tanks of any kind or nature whatsoever or any foul or offensive water, liquids or fluids of any kind from any manufacturing establishments, stores, stables, private residences or shops into any gutters along or upon any public highway, road, street, avenue, lane or alley or from any property into or upon any adjoining property within the Township. 

H.     It shall be unlawful to burn tires, tar products, plastics, roof shingles, treated or painted wood products or garbage which emits any offensive or foul odor, scent, effluvium, emanation or fume within the Township limits either in open or enclosed fire-containing devices such as fire pits, burn barrels, indoor and outdoor furnaces or other devices used for the purpose of incinerating. 

I.       It shall be unlawful to maintain or cause to be maintained any dangerous structure, including but not limited to abandoned or unoccupied buildings or parts of buildings in a state of dilapidation or disrepair. 

J.       It shall be unlawful to permit the growth of any grass, weeds, noxious weeds, or any vegetation whatsoever in excess of eight inches, not edible or planted for some useful, legal or ornamental purpose, to conceal any rubbish, garbage, trash or any other violation of this chapter. 

K.     It shall be unlawful to permit or allow any well or cistern to be, or remain, uncovered. 

L.      It shall be unlawful to push, shovel or otherwise deposit snow upon the cartway or traveled portion of any public highway, road or street which is maintained by the Township or by the Commonwealth of Pennsylvania and/or to allow same to remain thereon. 

M.     It shall be unlawful to allow or permit any excavation, material excavated or obstruction on or adjoining any highway, street, or road to remain opened or exposed without the same being secured by a barricade, temporary fence, or other protective devices. 

N.     It shall be unlawful to interfere with the flow of a stream, creek or other waterway by means of dam construction or otherwise or by removing the embankment of a stream so as to alter the natural flow of the stream. 

O.     It shall be unlawful for any person or agent acting independently or under the direction of the principal to deface any private or public buildings, structures, signs, banners, or vehicles within the Township. Examples of defacing shall include but not be limited to the following: application of paint, inks and dyes; affixing or posting of any printed materials such as signs or posters; or the destruction or removal of any signage. 

P.      It shall be unlawful for any person to make, continue or cause to be made or continued any unnecessary or unusually loud noise which annoys, disturbs, injures or endangers the comfort, health, safety or peace of others and which can be heard a distance of 150 feet from its source or beyond such person's property line between the hours of 10:00 p.m. and 7:00 a.m. 

Q.     It shall be unlawful for any person owning, keeping or having control or possession of any dog, cat or other domesticated or nondomesticated animal on or about said person's premises to permit said animal to disturb the peace and quiet of the night by barking, howling, crying or otherwise making a noise to the annoyance of the neighborhood which can be heard a distance of 150 feet from its source or beyond that person's property line and pursuant to the provisions of Chapter 85, Animals, Article I, Control of Animals, of the Code of Decatur Township. Provisions of this chapter relating to dogs which habitually bark, howl or yelp shall not apply to service dogs which are used to assist persons who are identified as legally blind, hearing impaired or as having such other disabilities requiring such service animals. 

R.     The Board shall have the right to determine that certain further conduct or activities not listed herein shall constitute a nuisance which shall be prohibited.   

§ 186-3.  Notice of violation. 

A.     Whenever a condition constituting a nuisance is permitted or maintained, the Board of Supervisors shall cause written notice to be served upon the owner or person responsible for or in control of the condition in one of the following manners: 

(1)    By making personal delivery of the notice to the owner or person or by handing a copy of the notice at the residence or place of business of the owner or person to an adult member of the family with which he resides, but if no adult member of the family is found, then to an adult individual in charge of such residence or place of business; or 

(2)    By fixing a copy of the notice to the door at the entrance of the premises in or upon which the violation is located; or 

(3)    By mailing a copy of the notice to the last known address of the owner or person by certified mail; or 

(4)    By publishing a copy of the notice in a local newspaper of general circulation within Clearfield County, Pennsylvania, once a week for three consecutive weeks.   

B.     Such notice shall set forth in what respect such condition constitutes a nuisance, whether removal is necessary and required by the Township, or whether the situation can be corrected by repairs, alterations, or by fencing or boarding, or in some way confining and limiting the nuisance. 

C.     Such notice shall require the owner or person to commence corrective action in accordance with the terms thereof within 15 days or be subject to the penalties for violations as found in § 186-4 and thereafter to comply fully with the terms of the notice with reasonable dispatch, with all material to be supplied and work to be done at the owner's or person's expense. 

D.     In order to protect the interests and welfare of the citizens of the Township from unreasonable risk of harm or injury, the Board may determine that the circumstances constituting the nuisance require immediate corrective measures; then such notice shall require the owner or person to immediately comply with the terms thereof and take the necessary corrective action.   

§ 186-4.  Violations and penalties; additional remedies. 

A.     This chapter regulates building, housing, property maintenance, health, fire, public safety, air or noise pollution and shall be enforced pursuant to 53 P.S. § 66601(c.1)(2). 

(1)    Enforcement hereof shall be by an action before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The Township Solicitor may assume charge of the prosecution without the consent of the District Attorney as required under Pa. R. Crim. P. No. 83(c) (relating to trial and summary cases). 

(2)    The Board of Supervisors hereby sets a criminal fine of not less than $300 and not to exceed $1,000 per violation, and the costs of prosecution, and, in default of payment of such fine and costs of prosecution, to undergo imprisonment to the extent allowed by law for the punishment of summary offenses.   

B.     The Board may direct the removal, repair, or alterations, as the case may be, to be done by the Township and to certify the costs thereof to the Township Solicitor, and the same shall be filed as a municipal lien. The cost of such removal, repairs or alterations upon such premises shall run from the time of such removal, cutting, repairs and alterations, which date shall be determined by the certificate of the person doing such work and filed with the Township Secretary. 

C.     The Township, by means of a complaint in equity, may compel the owner or person responsible or in control of the condition to comply with the terms of any notice of violation or to seek any such relief as any such court of competent jurisdiction is empowered to afford. 

D.     A separate offense shall arise for each day or portion thereof in which a nuisance is found to exist.

 Chapter 197

PEDDLING AND SOLICITING

[HISTORY: Adopted by the Board of Supervisors of the Township of Decatur 8-13-2002. Amendments noted where applicable.]

§ 197-1.  Definitions.

As used in this chapter, the following terms shall have the meanings indicated: 

BUSINESS — The sale, display or taking of orders, by sample or otherwise, of goods, wares or merchandise and such activities commonly known as "huckstering," "peddling," "vending," "soliciting" and "canvassing."  

OFFICE or PLACE OF BUSINESS — A place, other than a motel, hotel or other similar premises, owned or leased for a period in excess of six weeks and occupied by a person in or employed by a business.  

PERSON — Any natural person, association, partnership, firm or corporation.  

TOWNSHIP — Decatur Township.  

TRANSIENT — For a period of not more than six continuous weeks.  

§ 197-2.  License required.

It shall be unlawful for any person, firm or corporation to engage in a transient business in the Township without first having secured a license as required by this chapter. 

§ 197-3.  Application for license.

Every person desiring to engage in a transient business in the Township shall first make application to the Township Secretary for a license. The person making such application shall give his name and address, the name and address of the firm or corporation which he is representing, the type of goods, wares or merchandise with which the business will be involved, the length of time the license is being applied for, the type of vehicle or vehicles which will be used, if any, and the names and addresses of all those persons who will be participating in such business in any manner within the Township. If a person is maintaining a temporary business location within the Township, they shall include a copy of a verifiable lease agreement of commercial property owners or a verifiable signed permission from a private property owner with their application. 

§ 197-4.  Fee. [1] 

The fee for such license shall be as set by resolution of the Board of Supervisors for each person who sells, displays, takes orders or otherwise contacts Township residents, property owners or tenants for the purpose stated in the definition of "business" in § 197-1 herein. No fee shall be charged to charitable, religious or nonprofit civic organizations. 

§ 197-5.  Registration card. [2] 

Once a person is licensed as required in § 197-2 and has paid the fee as required in § 197-4, and upon payment of a sum as set by resolution of the Board of Supervisors with the Township Secretary, each person listed on the current application for whom the proper fees have been paid shall be required to have a card indicating that he is licensed under this chapter. Said payment shall not be required of charitable, religious or nonprofit civic organizations. 

§ 197-6.  Regulations.

The following shall apply to all persons engaging in a transient business: 

A.     There shall be no calls made from within the Township by telephone or by physical presence upon a premises except Monday through Friday, 9:00 a.m. to 7:00 p.m., and Saturday between the hours of 9:00 a.m. and 5:00 p.m., prevailing time. 

B.     Any person calling by appearing upon a premises shall carry a registration card upon his person and shall exhibit such card, upon request, to all police officers, the Code Enforcement Officer of Decatur Township, Township officials or citizens occupying said premises. 

C.     There shall be no business transacted which shall concern any goods, wares or merchandise other than those specified in the application for license or which shall consist of fraud, cheating or material misrepresentation. 

D.     Each Township resident, property owner or tenant shall have the right to post the physical premises they are occupying or own with a sign or signs indicating they do not wish to be contacted by a person engaged in a transient business. Physical presence upon a premises prominently posted with a "No Soliciting," "No Salesmen," "No Trespassing," "No Vendors" or similar sign shall be prohibited. 

E.      Physical presence upon a premises for a period exceeding five minutes after being asked to leave by anyone in possession thereof shall be prohibited.   

§ 197-7.  Presumption of transience.

Any person who or which does not have an office or place of business within the Township shall be presumed to be transient, notwithstanding any representations to the contrary. 

§ 197-8.  Exceptions.

Nothing in this chapter shall be construed to apply to transient businesses excepted by statute from the regulations of this chapter. Further, this chapter shall not apply to the following: 

A.     Farmers who are residents of the Township selling their own produce. 

B.     Any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk and milk products, except ice cream. 

C.     The sale of goods, wares and merchandise, the proceeds whereof are to be applied to any recognized charitable or philanthropic purpose.   

§ 197-9.  Violations and penalties. [3] 

Any person who or which shall violate any of the provisions of this chapter, in addition to having his or its license revoked, without refund, shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. 



[1].  Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[2].  Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[3].  Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).    

 Chapter 210

SEWERS

[HISTORY: Adopted by the Board of Supervisors of the Township of Decatur as indicated in article histories. Amendments noted where applicable.]  

GENERAL REFERENCES

 Uniform construction codes — See Ch. 110.

 Floodplain management — See Ch. 130.

 Water — See Ch. 283.  

ARTICLE I

Sewage Disposal Systems

[Adopted 7-8-1968 by Ord. No. 19; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 210-1.  Title.

This article shall be known as the "Decatur Township Sewage Disposal System Ordinance." 

§ 210-2.  Permit requirements; applicability. 

A.     No person, firm or corporation shall construct, install, alter, repair or extend an individual or a community sewage disposal system of any type or construct, extend or alter any building of any type or construct, extend, alter, establish, set up or locate any type of trailer, mobile home or portable structure to which or with which an individual or community sewage disposal system shall be used or connected in the Township of Decatur, Clearfield County, Pennsylvania, until a permit has been obtained indicating that the site, plans and specifications of such proposed individual or community sewage disposal system comply with the terms and provisions of Act 537, known as the "Pennsylvania Sewage Facilities Act,"[1] and the rules and regulations adopted by the Department of Health of the Commonwealth of Pennsylvania issued from time to time pursuant to such Act. 

B.     This article shall apply to all individual or community sewage disposal systems hereafter installed or constructed in the Township of Decatur, Clearfield County, Pennsylvania, regardless of the size of the sewage system or the size of acreage of the parcel of land in or on which the sewage system may be installed or constructed.   

§ 210-3.  Permit fee.

A fee as set from time to time by resolution of the Township Board of Supervisors shall be paid to the Municipal Secretary, or such other person as may be designated by the Township Board of Supervisors, when an application is made for a permit for any individual or community sewage disposal system. 

§ 210-4.  Adoption of forms and regulations.

The Township Board of Supervisors shall adopt and does hereby adopt any forms or regulations which, in its judgment, may be required pursuant to this article. 

§ 210-5.  Inspections.

The Township Board of Supervisors of the Township of Decatur, alone or in conjunction with other municipalities, shall designate a suitable person to inspect and approve individual and/or community sewage disposal systems constructed or installed in said Township of Decatur. 

§ 210-6.  Violations and penalties.

Any person failing to comply with the provisions of this article shall be subject to the summary offense penalties of 35 P.S. § 750.13 and, in addition thereto, may be subject to the civil penalties of 35 P.S. § 750.13a. Each day of noncompliance shall constitute a separate offense. 

§ 210-7.  Construal of provisions.

This article shall be construed as implementing for the Township of Decatur the provisions of the Pennsylvania Sewage Facilities Act (Act No. 537)[2] and the rules and regulations adopted by the Department of Health of the Commonwealth of Pennsylvania issued pursuant to said Act.  

ARTICLE II

Sewer Use

[Adopted 6-13-1978 by Ord. No. 28]

§ 210-8.  Definitions.

Unless the context specifically and clearly indicates otherwise, the meanings of terms and phrases used in this article shall be as follows: 

ANSI — American National Standards Institute.  

ASTM — American Society for Testing and Materials.  

AUTHORITY — Either the Moshannon Valley Joint Sewer Authority or the ORD Sewer Authority, Pennsylvania municipal authorities, acting to that Township area served by the particular body as designated by the Township's current 537 Plan, acting by and through their Board or, in appropriate cases, acting by and through their authorized representatives. [Amended 6-13-2006]  

AWWA — American Water Works Association.  

BUILDING SEWER — The extension from the sewage drainage system of any structure to the service lateral of a collection sewer.  

COLLECTION SEWER — The Township's or the ORD Sewer Authority's collection sanitary sewers located under highways, roads, streets, and rights-of-way with branch service laterals that collect and convey sanitary sewage or industrial wastes or a combination of both and into which stormwater, surface water, and groundwater or harmful industrial wastes are not intentionally admitted. [Amended 6-13-2006]  

CONNECTION UNIT — Each individual building or house, whether constructed as a detached unit or as one of a pair or row which is designed or adaptable to separate ownership for use as a family dwelling unit or for commercial or industrial purposes. A school, factory, apartment house, office building, or other multiple-unit structure whose individual apartments or units are connected to a common internal sewage system and which are not commonly subject to separate ownership shall be considered as one connection unit.  

HARMFUL INDUSTRIAL WASTES — Any industrial wastes which have been deemed by the Authority or the Township to be harmful or likely to have a deleterious effect on the sewage treatment process and which matter or substances may only be discharged into the sewer system with written permission of the Township and in accordance with any precondition set forth by the Authority or Township.  

IMPROVED PROPERTY — Any property located within this Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage and/or industrial wastes shall be or may be discharged.  

INDUSTRIAL ESTABLISHMENT — Any room, group of rooms, building, or other enclosure used or intended for use, in whole or in part, in the operation of a business enterprise for the manufacturing, fabricating, processing, cleaning, laundering, or assembling of any product, commodity or article, or from which any process waste, as distinct from sanitary sewage, shall be discharged.  

INDUSTRIAL WASTES — Any solid, liquid or gaseous substance or waterborne wastes or form of energy rejected or escaping in the course of any industrial, manufacturing, trade or business process or in the course of the development, recovery or processing of natural resources, as distinct from sanitary sewage.  

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.  

SANITARY SEWAGE — Normal water-carried household and toilet wastes discharged from any improved property.  

SERVICE LATERAL — That part of the sewer system extending from a collection sewer to the curbline or, if there shall be no curbline, to the property line; if no such service lateral shall be provided, then "service lateral" shall mean that portion of, or place in, a collection sewer which is provided for connection of any building sewer.  

SEWER — Any pipe, main or conduit constituting a part of the sewer system used or usable for sewage collection purposes.  

SEWER SYSTEM — All facilities, as of any particular time, for collecting, transporting, pumping, and disposing of sanitary sewage and industrial wastes, situate in or adjacent to this Township, owned by, leased to or under contract or agreement with the Township for operation and use.  

TOWNSHIP — Decatur Township, Clearfield County, Pennsylvania, a political subdivision of the Commonwealth of Pennsylvania, acting by and through its Board of Supervisors or, in appropriate cases, acting by and through its authorized representatives.  

§ 210-9.  Connection required; use restrictions. 

A.     The owner of any improved property accessible to and whose principal building is within 150 feet from the sewer system shall connect such improved property with and shall use such sewer system, in such manner as the Township may require, within 60 days after notice to such owner from the Township to make such connection, for the purpose of discharge of all sanitary sewage and industrial wastes from such improved property; subject, however, to such limitations and restrictions as shall be established herein or as otherwise shall be established by the Township from time to time. 

B.     All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under Subsection A, shall be conducted into a sewer, subject to such limitations and restrictions as shall be established herein or as otherwise shall be established by the Township from time to time. 

C.     No person shall place or deposit or permit to be placed or deposited upon public or private property within the Township any sanitary sewage or industrial wastes in violation of Subsection A. No person shall discharge or permit to be discharged to any natural outlet within the Township any sanitary sewage or industrial wastes in violation of Subsection A, except where suitable treatment has been provided which is satisfactory to the Township and has been specifically approved by the Township. 

D.     No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or maintained at any time upon any improved property which has been connected to a sewer or which shall be required under Subsection A to be connected to a sewer. Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned and, at the discretion of the Township, shall be cleansed and filled at the expense of the owner of such improved property and under the direction and supervision of the Township, and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned, and, if required by the Township, cleansed and filled, shall constitute a nuisance, and such nuisance may be abated as provided by law, at the expense of the owner of such improved property. 

E.      No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected with a sewer. 

F.      The notice by the Township to make a connection to a sewer, referred to in Subsection A, shall consist of a copy of this article, including any amendments and/or supplements at the time in effect, or a summary of each section hereof, and a written or printed document requiring the connection in accordance with the provisions of this article and specifying that such connection shall be made within 60 days from the date such notice is given. Such notice may be given at any time after a sewer is in place which can receive and convey sanitary sewage and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be served upon the owner either by personal service or by registered mail or by such other methods as at the time may be provided by law.   

§ 210-10.  Permits; tapping fee; connection standards. 

A.     No person shall uncover, connect with, make any opening into or use, alter or disturb in any manner any sewer or any part of the sewer system without first obtaining a permit, in writing, from the Township and paying a tapping fee. 

B.     Application for a permit required under Subsection A shall be made by the owner of the improved property served or to be served or by a person authorized by the owner of the improved property to make such application. 

C.     A tapping fee of $1,000 shall be paid to the Township for each connection with the sewer system in Sanitary Sewer District Nos. 1 and 2. A tapping fee of $1,100 shall be paid to the Township or the ORD Sewer Authority as designated by the Township for each connection with the sewer system in Sanitary Sewer District No. 3. Said fee must be paid at the time application for a permit is made. [Amended 1-13-1998; 1-11-2000; 6-13-2006] 

D.     No person shall make or cause to be made a connection of any improved property with a sewer until such person shall have fulfilled each of the following conditions: 

(1)    Such person shall have notified this Township of the desire and intention to connect such improved property to a sewer. 

(2)    Such person shall have applied for and obtained a permit as required by Subsections A and B. 

(3)    Such person shall pay the tapping fee as required by Subsections A and C. 

(4)    Such person shall have furnished any information required by the Authority prior to connection and received any necessary approvals from the Authority. 

(5)    Such person shall have given the Township at least 24 hours' notice of the time when such connection will be made so that the Township may supervise and inspect the work of connection and necessary testing.   

E.      Except as otherwise provided in this Subsection E, each improved property shall be connected separately and independently with a sewer through a building sewer. Grouping of more than one improved property on one building sewer shall not be permitted, except under special circumstances and for good sanitary reasons or other good cause shown, and then only after special permission of the Township, in writing, shall have been secured, and subject to such rules, regulations and conditions as may be prescribed by the Township and Authority. Further, in the event a single house connection is permitted to serve a double house, it will be necessary for both property owners to sign an agreement relieving the Township and Authority of any responsibility or obligation caused by or resulting from installation of a single house connection. The agreement shall provide that any disagreement between the two parties concerning future maintenance of the common sewer will be sufficient cause for the Township to install an additional connection to the sewer main to provide individual service to both houses. The installation of such separate service lateral from the sewer main to the curb, as well as the house connection from the curb to the property, shall be made at the joint expense of the property owners signing the agreement or their successors in interest. 

F.      All costs and expenses of construction of a building sewer and all costs and expenses of connection of a building sewer to a sewer, including testing, shall be borne by the owner of the improved property to be connected, and such owner shall indemnify and save harmless the Township from all loss or damage that may be occasioned, directly or indirectly, as a result of construction of a building sewer or of connection of a building sewer to a sewer. 

G.     A building sewer shall be connected to a sewer at the place designated by the Township and where the service lateral is provided. The invert of a building sewer at the point of connection shall be at the same or a higher elevation than the invert of the sewer. A smooth, neat joint shall be made, and the connection of a building sewer to the service lateral shall be made secure and watertight. 

H.     After construction of the sewer system has been completed, the service lateral shall be constructed from the collection sewer to the building sewer, by and at the expense of the owner, who has obtained a permit, and upon installation shall become the property of the Township. 

I.       Connections to service laterals, if of the same pipe size, shall be made by properly joining to the bell end of the service lateral provided. Where different types or sizes of materials are to be joined, an approved adapting fitting shall be used. Projecting the smaller pipe into the larger and sealing will not be permitted. This applies also to the connection of the house drain to the building sewer pipe. 

J.       As the sewer system is constructed or extended and sewer service becomes available, if the owner of any improved property located within the Township and accessible to and whose principal building is located within 150 feet from the sewer system, after 60 days' notice from the Township requiring the connection of such improved property with a sewer, in accordance with § 210-9A, shall fail to connect such improved property, as required, the Township may make such connection and may collect from such owner the costs and expenses thereof by a municipal claim, an action in assumpsit or such other legal proceeding as may be permitted by law.   

§ 210-11.  Construction specifications. 

A.     A building sewer shall be no less than four inches in internal diameter. 

B.     All service laterals and building sewers shall be constructed of PVC gravity sewer pipe conforming to ASTM D-3034, with push-on joints consisting of an elastomeric gasket and conforming to ASTM F477. [Amended 1-13-1998] 

C.     Uniform bearing shall be provided along the entire length of a building sewer by the use of six-inch stone bed, 1-B stone, and all joints of a building sewer shall be watertight and rootproof. No cement mortar joints shall be used. 

D.     Where an improved property, at the time of securing a permit under § 210-10A to connect to a sewer, shall be served by its own sewage disposal system or device, the existing house sewer line shall be broken on the structure side of such sewage disposal system or device, and attachment shall be made, with proper fittings to continue such house sewer line, as a building sewer, undiminished in inside diameter, but not less than four inches, to the service lateral. 

E.      It shall be the duty of every person constructing or owning any building connected to the sewer system to assure that their building sewer, house drain and plumbing fixtures are adequate for the purpose and will allow free passage of any material that enters or should enter the system. No change of the building sewer of any building shall be permitted unless notice thereof shall have been given the Township and approval of the Township thereto obtained in writing. 

F.      Fittings in a building sewer shall conform to the type of pipe used in construction. 

G.     Changes in direction in a building sewer must be made only by use of Y-branches or of one-eighth or one-sixteenth bends. No. one-fourth bends will be permitted. Caulking of joints or alignment of self-sealing joints to angles of less than one-sixteenth-bend equivalent only shall be permitted. [Amended 1-13-1998] 

H.     Fittings or connections in a building sewer which have an enlargement, chamber or recess with a ledge or shoulder reduction of pipe area that shall offer any obstruction to flow shall not be allowed. 

I.       The building sewer must be tested and approved as provided in Subsections P, Q and R. [Amended 1-13-1998] 

J.       Floor drains. 

(1)    Basement floor drains shall not be permitted to be connected to the building sewer, except where it can be shown to the satisfaction of the Township that their connection is absolutely necessary. 

(2)    A permit shall be obtained from the Township before any floor drain may be attached to the building sewer drainage system. 

(3)    No permit for a basement floor drain shall be granted until the owner of the building or his agent has executed, signed and filed with the Township a written statement releasing the Township from any damage or personal injury that may result.   

K.     Cleanouts. Generally, cleanouts shall be provided in each building sewer and at intervals to permit complete rodding with a one-hundred-foot-long auger or tape. Cleanouts shall be constructed by using a Y-fitting in the run of pipe with a forty-five-degree bend and riser to the ground surface. The riser pipe must be provided with a standard four-inch screw-type ferrule and plug. 

L.      Special conditions. Wherever, in the opinion of the Township, the trenching conditions require either a specific type of pipe, jointing material or encasement in concrete, such materials, as it may direct, shall be installed to protect the owner and/or the Township for special conditions as follows: [Amended 1-13-1998] 

(1)    Where the trench is less than four feet deep in a traveled roadway, special bedding, consisting of crushed stone or concrete cradle, as directed by the Township, must be used. 

(2)    Where lines are laid in fill, ductile-iron with concrete encasement and neoprene rubber gaskets may be required at the direction of the Township. 

(3)    Where foundation conditions are poor due to groundwater or subsurface material, a bedding of Pennsylvania Department of Transportation II2A modified crushed stone at least eight inches in depth shall be installed beneath the pipe. 

(4)    Where rock is encountered, the trench shall be excavated to a depth of four inches below the bottom of the pipe and the trench refilled to the grade line with crushed stone.   

M.     A building sewer may be provided with a horizontal trap, known as a "house trap," of not less than four inches inside diameter, of cast-iron equivalent to cast-iron soil pipe. Such trap shall be provided with a vent and cleanout openings, each to be at a level of at least equal to the finished grade level and to be provided with bent cowls. Lines from such trap to such finished grade level shall be of the same size and material as the building sewer. 

N.     The house trap described under Subsection M shall be located at a point approved by the Township in accordance with rules and regulations applicable thereto as adopted by the Township. Such trap and its vent shall be on the property side of the curb. 

O.     The slope or grade of a building sewer, when the inside diameter is four inches or more, shall be no less than 1/4 inch per foot of length and shall be downward in the direction of flow; provided, however, that when a commercial or industrial establishment requires a building sewer with an inside diameter of six inches or more, the slope shall be no less than 1/8 inch per foot of length. When physically required in order to connect with the sewer lateral, the slope of the building sewer may be reduced to 1/8 inch per foot, but only with the permission of the Township. 

P.      Observation of testing by Township. 

(1)    The Township shall observe all testing of a building sewer. All equipment and material required for testing shall be furnished by the owner of the improved property to be connected to a sewer. 

(2)    In the event that a building sewer is not approved by the Township, further test or tests shall be made following completion of necessary corrections. A fee as set by resolution of the Board of Supervisors will be charged by the Township for observation of each test subsequent to the initial test.[3]   

Q.     No building sewer shall be covered until it has been inspected, tested as provided in Subsection P, and approved. If any part of a building sewer is covered before so being inspected, tested and accepted, it shall be uncovered for inspection and testing at the cost and expense of the owner of the improved property. 

R.     Testing of building sewer. 

(1)    Every building sewer shall be tested by filling the same with water, completely, so that every section shall be tested with not less than a ten-foot head of water. Water shall be kept in the building sewer for 15 minutes before inspection starts, and no leakage shall be observable at the time of inspection. 

(2)    Upon approval of the test of a building sewer by the Township, a certificate of approval will be issued to the owner of the improved property to be connected to a sewer.   

S.      Whenever the Township has reason to believe any building sewer has become defective, such building sewer shall be subject to test and inspection. Defects found upon such test and inspection shall be corrected, as required by the Township in writing, at the cost and expense of the owner of the improved property served through such building sewer. 

T.      Every building sewer of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property. 

U.     Every excavation for a building sewer shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Streets, sidewalks and other public property disturbed in the course of installation of a building sewer shall be restored, at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to the Township. 

V.     Street opening permits and restoration of surface. Whenever the surface of any public street, sidewalk or other public property is disturbed by construction of the building sewer, the surfacing material must be restored in kind and maintained to the satisfaction of the Township. Any and all construction in a public street of the Township shall be in compliance with the ordinances of the Township, and any and all construction in a state highway shall be in compliance with Pennsylvania Department of Transportation requirements and specifications, and all necessary permits shall be obtained from the Township before construction is commenced. 

W.    The construction of building sewers shall, at all times, be subject to supervision and inspection by the Township or its representative and shall conform to the Township's specifications. The building sewer shall not be covered until permitted by the Township, and all backfilling of trenches shall be under its supervision and shall be thoroughly compacted by tamping in six-inch layers to a minimum height of 12 inches above the top of the pipe. 

X.     Connections with sewers where same are run through private property shall in all respects be governed by this article or subsequent revision hereof. 

Y.     No roof drainage, cellar, surface water, waste from hydrants or groundwater from underground drainage fields shall be permitted to drain into the sewer system except as permitted elsewhere herein. The sewer system is intended to convey sanitary sewage and industrial wastes only. 

Z.      The Township shall have the right to close up or disconnect from the sewer system any service lateral or building sewer used for carrying rain, cellar drainage, surface water, groundwater or objectionable matter or whenever any violations of this article are committed. 

AA.  The Township shall have no responsibility for any damage or expense resulting from leaks, stoppages or defective plumbing or from any other cause occurring to any premises or within any house or building on account of the breaking or stoppage of, or any damage or expense to, any lateral, building sewer or house connection when the cause thereof is found to be in the lateral, building sewer, or house connection.   

§ 210-12.  Persons authorized to do work. 

A.     Any person desiring to carry on or work at the business of installing a building sewer for any improved property shall obtain a certificate to engage in or work at said business from the Township. A certificate fee, as set by resolution of the Board of Supervisors, to defray, in part, the administrative and enforcement costs shall be imposed annually. The certificate shall be effective only for the year in which it is issued.[4] 

B.     A homeowner may secure a certificate to undertake the installation of a building sewer and related plumbing work on his own property after registration for such work with the Township. A fee as set by resolution of the Board of Supervisors shall be imposed for a homeowners' certificate, which will be effective only for the year in which it is issued.[5] 

C.     No person not certified, as herein provided, shall be allowed to carry on, or engage in, the business relating to connections, nor shall any person or persons other than a certified person be allowed to alter, repair, or make any connection with any facilities related to connections. 

D.     Certificates, other than for homeowners, will be issued only to those persons or corporations earning their livelihood in the plumbing business and having a bona fide place of business. 

E.      Every certified person, firm or corporation shall give immediate notice of any change in his, their, or its place of business. 

F.      No person, firm or corporation, carrying on the business of plumbing and house drainage, shall allow his or their name to be used by any person, directly or indirectly, either to obtain a permit or permits or to do any work under his or their certificate. 

G.     The Township reserves the right to revoke any certificates issued under this section for just cause, such notice of revocation to be given in writing to the certificate holder, stating the reasons for the action.   

§ 210-13.  Right of Township to refuse discharge or connection. 

A.     If any person shall fail or refuse, upon receipt of a notice of the Township, in writing, to remedy any unsatisfactory condition with respect to a building sewer, within 45 days of receipt of such notice, the Township may refuse to permit such person to discharge sanitary sewage and industrial wastes into the sewer system until such unsatisfactory condition shall have been remedied to the satisfaction of the Township. 

B.     The Township reserves the right to refuse to any person the privilege of connection of any improved property to a sewer, or to compel discontinuance of use of a sewer by any person, or to compel pretreatment of harmful industrial wastes, in order to prevent discharge into the sewer system of wastes which may be deemed by the Authority or the Township to be harmful to the sewer system or to have a deleterious effect on sewage treatment process.   

§ 210-14.  Miscellaneous provisions. 

A.     Access. The Township shall have the right of access at reasonable times to any part of any improved property served by the sewer 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 Township through the sewer system. 

B.     Variance from rules. No officer or employee of the Township is authorized to vary this article without action by the Township. 

C.     Control of service. The Township shall not be liable for a deficiency or failure of service when occasioned by an emergency, required repairs or for any cause beyond its control. The Township reserves the right to restrict the use of sewer service whenever the public welfare may require it. 

D.     Property owner vacating premises. When premises are vacated, the owner must give notice at the Township office, and he will be responsible for the sewage charge until such notice is given. 

E.      Notice of change of ownership. Each property owner must give the Township written notice of any change of ownership of any improved property.   

§ 210-15.  Additional rules and regulations.

The Township reserves the right to adopt, from time to time, additional rules and regulations as it shall deem necessary and proper relating to connections with a sewer and the sewer system, which additional rules and regulations, to the extent appropriate, shall be construed as a part of this article. 

§ 210-16.  Violations and penalties. 

A.     Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.[6] 

B.     Fines and costs imposed under provisions of this article shall be enforceable and recoverable in the manner at the time provided by applicable law.   

§ 210-17.  Purpose.

It is declared that the enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this Township.  

ARTICLE III

Sewer Rents and Charges

[Adopted 6-13-1978 by Ord. No. 56]

§ 210-18.  Definitions.

Unless the context specifically and clearly indicates otherwise, the meanings of terms and phrases used in this article shall be as follows: 

ABNORMAL INDUSTRIAL WASTES — Any industrial wastes having a suspended solids content or BOD appreciably in excess of that normally found in sanitary sewage. For the purposes of this article, any industrial wastes containing more than 350 ppm of suspended solids or having a BOD in excess of 300 ppm shall be considered an abnormal industrial waste, regardless of whether or not it contains other substances in concentrations differing appreciably from those normally found in sanitary sewage.  

AUTHORITY — Either the Moshannon Valley Joint Sewer Authority or the ORD Sewer Authority, Pennsylvania municipal authorities, acting to that Township area served by the particular body as designated by the Township's current 537 Plan, acting by and through their Board or, in appropriate cases, acting by and through their authorized representatives. [Amended 6-13-2006]  

BILLING UNIT — Includes, as applicable, each of the following: a commercial establishment, a dwelling unit, an industrial establishment and an institutional establishment.  

BOD (BIOCHEMICAL OXYGEN DEMAND) — The quantity of oxygen utilized in the biochemical oxidation of the organic matter in sewage under standard laboratory procedure for five days at 20° C., expressed in parts per million by weight. It shall be determined by one of the acceptable methods described in the latest edition of Standard Methods for the Examination of Water and Wastewater published by the American Public Health Association.  

COMMERCIAL ESTABLISHMENT — Any room, group of rooms, building or enclosure used or intended for use in the operation of one business enterprise for the sale and distribution of any product, commodity, article or service or used or intended for use for any social, amusement, religious, educational, charitable or public purpose and containing plumbing facilities for kitchen, toilet or washing facilities.  

DWELLING UNIT — Any room, group of rooms, house trailer or other enclosure occupied or intended for occupancy as separate living quarters by a family or other group of persons living together or by persons living alone.  

GARBAGE — Solid wastes resulting from preparation, cooking and dispensing of food and from handling, storage and sale of produce.  

IMPROVED PROPERTY — Any property located within this Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage and/or industrial wastes shall be or may be discharged.  

INDUSTRIAL ESTABLISHMENT — Any room, group of rooms, building or other enclosure used or intended for use, in whole or in part, in the operation of a business enterprise for the manufacturing, fabricating, processing, cleaning, laundering or assembling any product, commodity or article or from which any process waste, as distinct from sanitary sewage, shall be discharged.  

INDUSTRIAL WASTES — Any solid, liquid or gaseous substance or waterborne wastes or form of energy rejected or escaping in the course of any industrial, manufacturing, trade or business process or in the course of the development, recovery or processing of natural resources, as distinct from sanitary sewage.  

INSTITUTIONAL ESTABLISHMENT — Any room, group of rooms, building or other enclosure which does not constitute a commercial establishment, a dwelling unit or an industrial establishment.  

MULTIPLE UNIT — Any improved property in which shall be located more than one billing unit.  

OWNER — Any person vested with ownership, legal or equitable, sole or partial, of any improved property.  

PERSON — Any individual, partnership, company, association, society, corporation, trust, joint-stock company, unincorporated association, governmental body, political subdivision, municipality, Township municipality authority or other group or entity.  

pH — The logarithm to the base 10 of the reciprocal of the hydrogen ion concentration expressed in moles per liter. It shall be determined by one of the acceptable methods described in the latest edition of Standard Methods for the Examination of Water and Wastewater published by the American Public Health Association.  

ppm — Parts per million by weight.  

PROPERLY SHREDDED GARBAGE — The wastes from the preparation, cooking and dispensing of food that has been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.  

SANITARY SEWAGE — Normal water-carried household and toilet wastes from any improved property.  

SERVICE AGREEMENT — The service agreement, dated as of June 13, 1978, between Moshannon Valley Joint Sewer Authority, on one hand, and Decatur Township, Clearfield County, Pennsylvania, on the other hand, providing, inter alia, for the reception, transportation, treatment and disposal of sewage from the sewage collection system by the Moshannon Valley Joint Sewer Authority, together with any supplements and amendments from time to time made thereto. [Amended 6-13-2006]  

SEWAGE — Sanitary sewage and/or industrial wastes.  

SEWAGE COLLECTION SYSTEM — All facilities, as of any particular time, for collecting and disposing of sewage, operated by this Township or the ORD Sewer Authority. [Amended 6-13-2006]  

SEWAGE DISPOSAL SYSTEM — All facilities, as of any particular time, for collecting, pumping, transporting, treating and disposing of sewage, acquired, constructed, owned and operated by the Authority.  

SEWER — Any pipe, main, or conduit constituting a part of the sewage collection system used or usable for sewage collection purposes.  

SUSPENDED SOLIDS — Solids that either float on the surface or are in suspension in water, sanitary sewage, industrial wastes or other liquids and which are removable by labor filtration. The quantity of suspended solids shall be determined by one of the acceptable methods described in the latest edition of Standard Methods for the Examination of Water and Wastewater published by the American Public Health Association.  

TOWNSHIP — Decatur Township, Clearfield County, Pennsylvania, acting by and through its Board of Supervisors or, in appropriate cases, acting by and through its authorized representatives.  

UNPOLLUTED WATER OR WASTE — Any water or waste containing none of the following: free of emulsified grease or oil; acid or alkali; phenols or other substances imparting taste and odor to receiving waters; toxic or poisonous substances in suspension, colloidal state or solution; obnoxious or odorous gases. It shall contain not more than 10,000 ppm of dissolved solids, of which not more than 2,500 ppm shall be as chloride and not more than 10 ppm each of suspended solids and BOD. The color shall not exceed 50 ppm. Analysis for any of the above-mentioned substances shall be made in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater published by the American Public Health Association.  

WATER COMPANY — Any publicly or privately owned duly authorized agency, corporation or organization that supplies water to customers within this Township.  

§ 210-19.  Imposition of sewer rentals and other charges.

Sewer rentals and other charges are imposed upon and shall be collected from the owner of each improved property which shall be connected to the sewage collection system for use of the sewage collection system, whether such use shall be direct or indirect, and for services rendered by this Township in connection therewith, including any charges payable by this Township to the Authority pursuant to the service agreement, which sewer rentals and charges shall commence and shall be effective as of the date of connection, directly or indirectly, of the sewage collection system to the sewage disposal system and shall be payable in accordance with the following schedule of rates and classifications. 

§ 210-20.  Computation of sewer rentals and other charges. 

A.    Flat rates for dwelling units, commercial establishments, industrial establishments and institutional establishments. In addition to any other applicable charges imposed hereunder, sewer rentals and charges for sewage discharged into the sewage collection system for any improved property constituting a dwelling unit, a commercial establishment, an industrial establishment or an institutional establishment shall be established from time to time by resolution of the Board of Supervisors. [Amended 9-15-1981 by Ord. No. 32; 3-10-1998] 

Classification

Equivalent
Dwelling Unit(s)

(1)

Each dwelling unit

1

(2)

Commercial establishments:

a.

Each retail store not falling into any other classification set forth hereinafter

1

b.

Each business or professional office:

(i)

Five or less employees

1/2

(ii)

Each additional 5 employees or fraction thereof

1/2

c.

Each improved property having a commercial (1/2 horsepower or greater) garbage grinder, for each such grinder, which charge shall be in addition to any charge for any other classification applicable to such improved property as set forth herein

1

d.

Each hotel or motel (in addition to any charge for restaurant facilities located therein), per rental room

1/2

e.

Each restaurant, club or tavern (whether a separate improved property or located within an improved property), per 20 seats or fraction thereof

1

f.

Each church

1

g.

Each service station or automobile repair garage:

(i)

3 bays or less (without car wash facilities)

1

(ii)

3 bays or less (with car wash facilities)

2

(iii)

Each additional bay over 3

1/2

h.

Each laundromat, per 5 washers or fraction thereof

1

i.

Each separate car washing establishment not falling within the classification of Item (2)g above, per bay

1

j.

Each bowling alley (in addition to any charge under Item (2)e above, if applicable), per 6 lanes or fraction thereof

1

k.

Each barbershop:

(i)

2 chairs or less

1/2

(ii)

Each additional chair

1/2

l.

Each beauty shop:

(i)

1 chair

1/2

(ii)

Each additional chair

1/2

m.

Each retail store with meat and/or vegetable preparation facilities, per employee food preparation station

1

n.

Each municipal building

1

o.

Each fire house

1

p.

Each post office

1

q.

Each financial institution (banks, etc.)

1

r.

Each funeral home

1

(3)

Institutional establishments:

a.

Each public or private day school, per pupil, based upon the daily average number of pupils enrolled on days when the school was in session during the immediately preceding full school term. Teachers and employees shall be classified and treated as pupils for purposes of this article

1 per 22 pupils

b.

Each public or private resident school, per pupil, based upon the daily average number of pupils enrolled on days when the school was in session during the immediately preceding full school term. Teachers and employees shall be classified and treated as pupils for purposes of this article. This EDU shall be in addition to those charges which would apply to facilities that are comparable to motels or restaurants, i.e., resident's rooms, cafeterias, etc.

1 per 22 pupils, plus EDUs as applicable under Commercial establishments, Item (2)d and e, above

(4)

Industrial establishments:

a.

Industrial establishments not providing showers for employees:

(i)

Ten or less employees

1

(ii)

Each additional 5 employees over 10 or fraction thereof

1/2

b.

Industrial establishments providing showers for employees:

(i)

10 or less employees

1 1/2

(ii)

Each additional 5 employees over 10 or fraction thereof

1

   

B.     If use or classification of any property should change within any quarterly period, the difference in the sewer rental, prorated on a monthly basis to the nearest calendar month, will be charged or credited, as the case may be, in the bill for the succeeding quarterly period. Additional classifications or changes in classifications may be established by this Township from time to time. 

C.     Additional flat-rate classifications and modifications of flat-rate classifications. This Township reserves the right, from time to time, to establish additional flat-rate classifications and to establish quarter-annum rates therefor; and this Township further reserves the right, from time to time, to alter, modify, revise and/or amend flat-rate classifications and the annual and quarter-annum rates applicable thereto. 

D.     Multiple users. The foregoing sewer rentals and charges, as appropriate, shall be used in computing the sewer rentals or charges applicable to each billing unit located in a multiple unit connected to the sewage collection system as though such billing unit was in a separate structure and had a direct and separate connection to the sewage collection system. 

E.      Special agreements. Notwithstanding any provision in this article to the contrary, this Township shall have the right, based upon good reasons and circumstances existing, to enter into special agreements with the owner of any improved property, with respect to terms and conditions upon which sewage may be discharged to the sewage collection system and with respect to payments to be made to this Township in connection therewith. In such event, such service and payments with respect thereto shall be governed by terms and conditions of such special agreement.   

§ 210-21.  Surcharge for certain industrial wastes. 

A.     BOD surcharge rate. 

(1)    Any person discharging industrial wastes to the sewage collection system having a BOD in excess of 300 ppm shall pay a strength of waste surcharge in an amount equal to the product of the actual volume of wastes in thousand gallons per quarterly billing period discharged to the sewage collection system and the BOD surcharge rate. The BOD surcharge rate shall be determined by this Township pursuant to the following formula:

Rc = 0.00834 P (C-300)

 

Where:

Rc

=

the BOD surcharge rate in cents per 1,000 gallons of waste discharged.

P

=

the average annual fixed operation and maintenance cost of secondary treatment processes per pound of BOD received at the treatment plant of the Authority. Such secondary processes shall include chlorination, as well as activated sludge processes.

C

=

the average BOD of abnormal industrial wastes expressed in ppm as determined in accordance with Subsection E hereof.

             

(2)    The figure "300" appearing in the above formula corresponds to the maximum BOD permissible without surcharge. The figure "0.00834" is the factor to convert ppm to pounds per 1,000 gallons. No discount will be permitted for any industrial wastes having a BOD less than 300 ppm.   

B.     Suspended solids surcharge rate. 

(1)    Any person discharging industrial wastes to the sewage collection system having a suspended solids concentration in excess of 350 ppm shall pay a strength of waste surcharge in an amount equal to the product of the actual volume of wastes in thousand gallons per billing period discharged to the sewage collection system and the suspended solids surcharge rate. The suspended solids surcharge rate shall be determined by this Township pursuant to the following formula:

Rs — 0.00834 B (S-350)

 

Where:

Rs

=

the suspended solids surcharge rate per 1,000 gallons of waste discharged.

B

=

the average annual fixed operation and maintenance cost of sludge digestion, sludge drying and sludge disposal operations per pound of suspended solids received at the treatment plant of the Authority.

S

=

the average suspended solids concentration of abnormal industrial wastes expressed in ppm as determined in accordance with Subsection E hereof.

       

    

(2)    The figure "350" appearing in the above formula corresponds to the maximum suspended solids concentration permissible without surcharge. The figure "0.00834" is the factor to convert ppm to pounds per 1,000 gallons. No discount will be permitted for any industrial wastes having a suspended solids concentration of less than 350 ppm. 

(3)    In the case of industrial wastes containing heavy metals, either in suspension or solution or, when in the opinion of the Authority the suspended solids do not represent the true characteristics of the solids loading, this Township reserves the right to use total solids instead of suspended solids in the formula provided above for surcharge purposes under this Subsection B.   

C.     In the case of industrial wastes containing substances or materials which can be treated by the Authority only with extra care and costs and where neither surcharge stated above shall apply, this Township reserves the right to accept such industrial wastes only after a study of the same has been made and a formula for surcharge and regulations applicable to such discharge have been made. 

D.     All surcharges provided for in this § 210-21 will be in addition to the rentals and charges provided for in § 210-20 of this article. 

E.      The strength of any industrial wastes shall be determined monthly, or more frequently, by samples taken at the manhole provided for in § 210-22C hereof or at any other sampling point agreed to by the Authority, this Township and the person discharging the industrial wastes. The frequency and duration of the sampling period shall be such as, in the opinion of the Authority, will permit a reasonably reliable determination of the average composition of the said wastes. Samples shall be collected by a representative of the Authority in proportion to the flow of waste and composited for analysis in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, as published by the American Public Health Association. Except as herein provided, the strength of the waste as found by analysis shall be used for establishing any applicable surcharge or surcharges herein provided for. However, the Authority may, if it so elects, accept the results of routine sampling and analysis by the person discharging said wastes in lieu of making its own samplings and analysis.   

§ 210-22.  Discharge of industrial wastes. 

A.     No person shall discharge or cause to be discharged into the sewage collection system any industrial wastes except upon application to this Township and the Authority and upon receipt of a written permit therefor from this Township and the Authority. 

B.     Required survey data. Any person desiring to make or use a connection to the sewage collection system through which industrial wastes shall be discharged into such sewage collection system shall file with this Township and the Authority an industrial wastes questionnaire, to be furnished by the Authority, which shall supply to this Township and the Authority pertinent data, including estimated quantity of flow, characteristics and constituents, with respect to industrial wastes proposed to be discharged into the sewage collection system. The cost of obtaining all such data shall be borne by the person desiring to make or use a connection to the sewage collection system. 

C.     Control manholes. 

(1)    Any person who shall discharge industrial wastes into the sewage collection system, when required by the Authority, shall construct and thereafter properly maintain, at his own expense, a suitable control manhole and other devices as may be approved by the Authority to facilitate observation, measurement and sampling by the Authority of industrial wastes discharged to the sewage collection system. 

(2)    Any such control manhole, when required by the Authority, shall be constructed at an accessible, safe, suitable and satisfactory location in accordance with plans approved by the Authority prior to commencement of construction.   

D.     Changes in type of wastes. Any industrial establishment discharging sanitary sewage and/or industrial wastes into the sewage collection system and contemplating a change in the method of operation which will alter the characteristics and/or volumes of wastes at the time being discharged into the sewage collection system shall notify this Township and the Authority, in writing, at least 10 days prior to consummation of such change. 

E.      Interceptors. Grease, oil and sand interceptors shall be provided by the owner of any industrial establishment, when required by the Authority, for the proper handling of liquid wastes containing grease in excessive amounts or any inflammable wastes, sand or other harmful ingredients. Any interceptor, when required by the Authority, shall be of a type and capacity approved by the Authority and constructed or installed at an accessible, safe, suitable and satisfactory location in accordance with plans approved by the Authority prior to installation or commencement of construction. 

F.      This Township reserves the right to require industrial establishments having large variations in rates of waste discharge to install suitable regulating devices for equalizing waste flows to the sewage collection system. 

G.     This Township reserves the right to refuse connection to the sewage collection system, or to compel discontinuance of the use of the sewage collection system for deleterious industrial wastes, or to require pretreatment and equalization of flow of such wastes in order to prevent harmful or adverse effect upon the sewage collection system and/or the sewage disposal system. The design, construction and operation of such pretreatment and flow equalization facilities shall be made at the sole expense of the person discharging said wastes and subject to the approval of the Authority or its designated representatives. 

H.     In general, any industrial wastes will be considered harmful to a sewage collection system and/or the sewage disposal system that may cause any of the following damaging effects: 

(1)    Chemical reaction either directly or indirectly with the materials of construction of the sewage collection system and/or the sewage disposal system in such a manner as to impair the strength or durability of any sewerage structures. 

(2)    Mechanical action that will destroy any sewerage structures. 

(3)    Restriction of the hydraulic capacity of any sewerage structures. 

(4)    Restriction of the normal inspection or maintenance of sewerage structures. 

(5)    Danger to public health and safety. 

(6)    Obnoxious conditions inimical to public interest.   

I.       Any person discharging to the sewage collection system industrial wastes or industrial wastes and sanitary sewage together shall: 

(1)    Permit the employees or authorized representatives of the Authority to enter upon the property of the person discharging said wastes at reasonable times for the purpose of making such tests of the industrial wastes or sanitary sewage and making inspections of any facility of the person discharging said waste which contributes wastes to the sewage collection system as the Authority may deem necessary or appropriate. A representative of the person may accompany any Authority inspection of the facilities. 

(2)    Make analyses of the discharge or discharges to the sewage collection system at intervals required by the Authority to insure that the restrictions on the nature or composition of the discharge defined herein are met; furnish to the Authority the results of such tests; promptly investigate all complaints made by the Authority as to the nature or composition of the wastes discharged to the sewage collection system; and take steps promptly to exclude, or reduce to acceptable limits, waste which may overload or adversely affect the proper and efficient operation of the sewage collection system and/or the sewage disposal system or otherwise violate the limits provided herein. Said tests shall be made in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, as published by the American Public Health Association. 

(3)    Be solely responsible for any damages which occur to the sewage collection system and/or the sewage disposal system and are directly attributable to wastes discharged by said person in excess of the limits provided herein or provided by separate agreement with this Township and/or the Authority. It is understood that commonly accepted scientific methods shall be used in determining the cause of any damage.   

J.       This Township reserves the right to discontinue all service to persons discharging industrial wastes or industrial wastes and sanitary sewage upon a seventy-two-hour written notification to the person prior to its discontinuance of service upon the happening of any one or more of the following conditions: 

(1)    Upon notice of a violation of any federal, state, county or municipal law or ordinance or resolution or rule or regulation of any duly constituted authority relating to the discharge of effluent from the sewage collection system, which violation is directly attributable to the industrial wastes of said person. In such event, this Township shall notify said person of discontinuance of service based upon such violation. 

(2)    In the event that the industrial wastes discharged exceed the concentration limitations imposed herein. 

(3)    In the event that the industrial wastes discharged cause any damage whatsoever to the sewage collection system and/or the sewage disposal system, and such damage is directly attributable to such discharge. Service may be resumed upon the correction of any such deficiency.     

§ 210-23.  Measuring volume of industrial wastes and sanitary sewage.

Whenever volume of industrial wastes and/or sanitary sewage is required under this article to compute sewer rentals and other charges imposed hereunder or required in connection with any other provision contained herein, the provisions of this § 210-23 shall be applicable. 

A.     Methods of measuring volume. 

(1)    Whenever the entire water supply of an improved property or, if applicable, a billing unit or billing units located therein constituting a commercial, institutional or industrial establishment, which shall be discharging sanitary sewage and/or industrial wastes into the sewage collection system, is supplied by the water company, the volume of water furnished, as determined from meter readings of the water company, shall be used as the measure of discharge of sanitary sewage and/or industrial wastes in computing sewer rentals and charges, subject to adjustment, if appropriate, as provided in this article. 

(2)    Whenever an improved property or, if applicable, a billing unit or billing units located therein constituting a commercial, institutional or industrial establishment, which shall be discharging sanitary sewage and/or industrial wastes into the sewage collection system, shall have a source or sources of water supply in addition to or other than that supplied by the water company, the owner of such improved property shall provide a meter or meters on such additional or other source or sources of water supply. The total volume of water consumed, as determined from the meter readings of the water company and the meter readings of the meter or meters on such additional or other source or sources of water supply, or the meter readings of the meter or meters on such other source or sources of water supply, as appropriate, shall be used as the measure of discharge of sanitary sewage and/or industrial wastes in computing the sewer rentals and charges, subject to adjustment, if appropriate, as provided in this article. 

(3)    Whenever an improved property or, if applicable, a billing unit or billing units located therein constituting a commercial, institutional or industrial establishment shall use water supplied by the water company and/or water from a source or sources of supply in addition to or other than that supplied by the water company for cooling or unpolluted commercial or industrial process purposes and all or part of the water so used shall not be discharged into the sewage collection system, the volume used as the measure of discharge of sanitary sewage and/or industrial wastes in computing sewer rentals and charges may be adjusted by one of the following methods:  

(a)     By installing a meter or other measuring device on the connection to the sewage collection system. The readings from such meter or measuring device shall be used as the measure of discharge of sanitary sewage and/or industrial wastes in computing sewage treatment rates and charges.  

(b)     By installing a meter or other measuring device to measure the volume not being discharged into the sewage collection system. The readings from such meter or measuring device shall be deducted from the total water meter readings, and the remainder shall be used as the measure of discharge of sanitary sewage and/or industrial wastes in computing sewer rentals and charges.  

(c)     If it is not practical, in the opinion of this Township, to install a meter or other measuring device to determine continuously the volume not discharged into the sewage collection system, this Township shall determine in such manner and by such method as it may prescribe the percentage of metered water which is being discharged into the sewage collection system. The quantity of water used as the measure of discharge of sanitary sewage and/or industrial wastes in computing sewer rentals and charges shall be the percentage so determined of the quantity measured by the water meter or meters. Any dispute as to such estimated percentage shall be submitted to this Township, after notice of such estimate. The decision of this Township with respect to the matter shall be final for the then-current calendar year.   

(4)    Whenever an industrial establishment shall discharge only industrial wastes into the sewage collection system, the volume of water used, measured as herein provided, shall be used as a measure of the quantity of industrial wastes so discharged. 

(5)    Whenever an industrial establishment shall discharge combined sanitary sewage and industrial wastes into the sewage collection system, the volume of water used, measured as herein provided, chargeable as industrial wastes shall be the total volume of water used, less the volume of water determined to be sanitary sewage.   

B.     Measuring devices. Meters or other measuring devices which shall not be available in connection with the water company, but which shall be required or permitted under provisions of this article, shall be furnished and installed in accordance with specifications of this Township and the Authority by the owner of the improved property at his expense, shall be under the control of this Township and may be tested, inspected or repaired by this Township whenever necessary. The owner of the improved property upon which such meter or other measuring device shall be installed shall be responsible for its maintenance and safekeeping, and all repairs thereto shall be made at the expense of the owner, whether such repairs shall be made necessary by ordinary wear and tear or other causes. 

C.     Meter readings. This Township, except to the extent that meter readings are made by any other person in connection with the water company and are made available to this Township for purposes of this article, shall be responsible for the reading of all meters or other measuring devices, and the same shall be available to this Township and the Authority at all reasonable times.   

§ 210-24.  Prohibited wastes. 

A.     The discharge of excessive amounts of unpolluted water or waste to the sewage collection system is expressly prohibited. 

B.     The discharge of garbage to the sewage collection system, except properly shredded garbage, is expressly prohibited. 

C.     No person shall discharge or cause to be discharged any stormwater, surface water, springwater, groundwater, roof runoff, subsurface drainage, building foundation drainage, uncontaminated cooling water or unpolluted industrial process waters, cellar drainage or drainage from roof leader connections into any sewer, except as specifically permitted by the Township or Authority. 

D.     No person shall connect or cause to be connected with the sewage collection system, directly or indirectly, any steam exhaust, boiler, blowoff, sediment, drip, or any pipe carrying or constructed to carry hot water, acid, germicide, grease, gasoline, naphtha, benzine, oil or any other substance detrimental to the sewage collection system or the sewage disposal system. 

E.      Except as herein otherwise provided, no sanitary sewage and/or any industrial wastes shall be discharged into the sewage collection system having any of the following characteristics: 

(1)    Wastes containing liquids, solids or gases which, by reason of their nature or quality, may cause fire, explosion, or be in any other way injurious to persons, the structures of the sewage disposal system or its operation. 

(2)    Wastes having a temperature in excess of 150° F. or less than 32° F. 

(3)    Wastes having a pH lower than 6.0 or higher than 9.0, or having any corrosive property capable of causing damage or hazards to structures, equipment, or personnel of the sewage collection system and/or the sewage disposal system. This Township reserves the right to require any person discharging industrial wastes into the sewage collection system to install and maintain, at his own expense, in a manner approved by this Township and the Authority, a suitable device to continuously measure and record the pH of the industrial wastes so discharged. 

(4)    Wastes containing any noxious or malodorous gas or substance which, either singly or by interaction with sewage or other wastes, in the opinion of the Authority, is likely to create a public nuisance or hazard to life or prevent entry to sewerage structures for their maintenance and repair. 

(5)    Wastes containing ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, hair, chemical or paint residues, greases, lime slurry or viscous material of such character or in such quantity that, in the opinion of this Township and the Authority, they may cause an obstruction to the flow in any sewer or otherwise interfere with the proper operation of the sewage collection system or the sewage disposal system. Attention is called to the fact that the maximum permissible concentration will vary throughout the system, depending upon the size of the particular receiving sewer and the flows therein. 

(6)    Wastes containing insoluble, nonflocculent substances having a specific gravity in excess of 2.65. 

(7)    Wastes containing soluble substances in such concentrations as to cause the specific gravity of the waste to be greater than 1.1. 

(8)    Wastes containing any of the following substances in solution or in suspension, in concentrations exceeding those shown in the following table:

Substance

Maximum Permissible Concentration
(mg/l)

Phenolic compounds as C5H6OH

0.005

Cyanides as CN

0.025

Cyanates as CNO

1.0

Iron as Fe

1.5

Trivalent chromium as Cr

1.0

Hexavalent chromium as Cr

0.05

Nickel as Ni

1.0

Copper as Cu

1.0

Lead as Pb

0.10

Tin as Sn

1.0

Zinc as Zn

2.0

Cadmium as Cd

0.1

Methylene blue active substances

1.0

Sulfates

200.0

Arsenic

0.1

Barium

1.0

    

(9)    Wastes containing more than 30 ppm by weight of fat, oil or grease.  

(10)  Wastes containing more than 10 ppm of any of the following gases: hydrogen sulfide, sulfur dioxide, nitrous oxide, or any of the halogens.  

(11)  Wastes containing gases or vapors, either free or occluded, in concentrations toxic or dangerous to humans or animals.  

(12)  Any waste containing toxic substances in quantities sufficient to interfere with the biochemical processes of sewage treatment works or that will pass through the sewage treatment works and exceed state, federal or interstate requirements for the discharge of effluent from the sewage treatment works into the receiving stream.  

(13)  Any toxic radioactive isotopes without a special permit.   

F.      Where necessary, all owners shall install suitable pretreatment facilities in order to comply with Subsection E of this § 210-24. 

(1)    Plans, specifications and any other pertinent information relating to proposed facilities for preliminary treatment and handling of wastes shall be submitted for approval of this Township and the Authority, and no construction of any such facility shall be commenced until approval thereof first shall have been obtained, in writing, from this Township and the Authority and until approval thereof first shall have been obtained from any governmental regulatory body having jurisdiction. 

(2)    Whenever facilities for preliminary treatment and handling of wastes shall have been provided by any owner, such facilities continuously shall be maintained, at the expense of such owner, in satisfactory operating condition, and this Township and the Authority shall have access to such facilities at reasonable times for purposes of inspection and testing.   

G.     Nothing contained in this § 210-24 shall be construed as prohibiting any special agreement or arrangement between this Township and any person whereby industrial wastes of unusual strength or character may be admitted into the sewage collection system by this Township, either before or after preliminary treatment.   

§ 210-25.  Time and method of payment. 

A.     Sewer rentals or charges imposed by this article shall be payable quarterly. 

(1)    In the case of an owner of an improved property whose quarterly bill for sewer rentals or charges shall be computed in whole or in part upon the basis of water volume, bills shall be rendered for each quarter-annum or other period covered by the meter reading promptly after the meters are read. 

(2)    In the case of an owner of an improved property whose quarterly bill for sewer rentals or charges shall be computed on any basis completely independent of water volume usage, the quarterly billing dates shall be the first days of January, April, July and October, respectively, in each year and, to the extent practicable, shall cover services furnished during the three calendar months immediately preceding the billing date.   

B.     Sewer rentals or charges shall be due and payable upon the applicable billing date as provided for in Subsection A of this § 210-25, and the appropriate amount computed in accordance with this article shall constitute the net bill. If sewer rentals or charges are not paid within 30 calendar days after the same become due and payable, an additional sum of 5% shall be added to such net bill, which net bill, plus such additional sum, shall constitute the gross bill. Payment made or mailed and postmarked on or before the last day of such thirty-calendar-day period shall constitute payment within such period. If the end of such thirty-calendar-day period shall fall on a legal holiday or a Sunday, payment made on or mailed and postmarked on the next succeeding business day which is not a legal holiday shall constitute payment within such period. Whenever service to any improved property shall begin after the first day or shall terminate before the last day of any quarterly billing period, sewer rentals or charges for such period shall be prorated equitably, if appropriate, for that portion of the quarterly billing period during which such improved property was served by the sewage collection system. 

C.     Every owner of an improved property which is connected to the sewage collection system initially shall provide this Township with and thereafter shall keep this Township advised of his correct address. Failure of any person to receive quarterly bills for sewer rentals or charges shall not be considered an excuse for nonpayment, nor shall such failure result in an extension of the period of time during which the net bill shall be payable. 

D.     Every owner of an improved property which is connected to the sewage collection system shall provide this Township with a description of the improved property as it appears in the title instrument and a reference to the location book and page where such instrument is recorded. If more than one connection is to be made to property under common title, the owner shall designate and describe that portion of the premises considered to be the improved property using each connection. Every owner shall thereafter keep this Township advised of the correct description and reference for the improved property. Failure of any owner to provide this Township with the description and reference as herein required shall waive the owner's grounds of objection to a description and reference in the event a lien should be filed. [Added 9-15-1981 by Ord. No. 32]   

§ 210-26.  Liens.

Sewer rentals and other charges imposed by this article shall be a lien on the improved property connected to and served by the sewage collection system, and any sewer rentals and other charges which are delinquent shall be filed as a lien against the improved property connected to and served by the sewage collection system, which lien shall be filed and collected in the manner provided by law for the filing and collecting of municipal claims. 

§ 210-27.  Right of access to property.

This Township shall have the right of access at reasonable times to any part of any improved property served by the sewage collection system and any meters used for purposes of inspection, measurement, sampling and testing and for performance of other functions relating to service rendered by this Township in connection with the sewage collection system and the Authority in connection with the sewage disposal system. 

§ 210-28.  Additional rules and regulations.

This Township reserves the right to adopt, from time to time, such changes and such additional rules and regulations as it shall deem necessary and proper in connection with use and operation of the sewage collection system, which rules and regulations shall be, shall become and shall be construed as part of this article. 

§ 210-29.  Title. [Added 3-10-1998]

This article shall hereinafter be designated as and known as "Decatur Township, Clearfield County, Ordinance No. 56."  

ARTICLE IV

Real Estate, Commercial and Industrial Land Development

[Adopted 9-12-1978 by Ord. No. 29]

§ 210-30.  Definitions.

Unless the context specifically and clearly indicates otherwise, the meanings of terms and phrases used in this article shall be as follows: 

AUTHORITY — Either the Moshannon Valley Joint Sewer Authority or the ORD Sewer Authority, Pennsylvania municipal authorities, acting to that Township area served by the particular body as designated by the Township's current 537 Plan, acting by and through their Board or, in appropriate cases, acting by and through their authorized representatives. [Amended 6-13-2006]   

BUILDING SEWER — The extension from the sewage drainage system of any structure to the service lateral of a collection sewer.  

COLLECTION SEWER — The Township's or the ORD Sewer Authority's collection sanitary sewers located under highways, roads, streets, and rights-of-way with branch service laterals that collect and convey sanitary sewage or industrial wastes or a combination of both and into which stormwater, surface water, and groundwater or harmful industrial wastes are not intentionally admitted. [Amended 6-13-2006]  

CONNECTION UNIT — Each individual building or house, whether constructed as a detached unit or as one of a pair or row which is designed or adaptable to separate ownership for use as a family dwelling unit or for commercial or industrial purposes. A school, factory, apartment house, office building, or other multiple-unit structure whose individual apartments or units are connected to a common internal sewage system and which are not commonly subject to separate ownership shall be considered as one connection unit.  

DEVELOPER — Any owner, agent of such owner or tenant with the permission of such owner who makes or causes to be made a subdivision of land or a land development.  

HARMFUL INDUSTRIAL WASTES — Any industrial wastes which have been deemed by the Authority or the Township to be harmful or likely to have a deleterious effect on the sewage treatment process and which matter or substances may only be discharged into the sewer system with written permission of the Township and in accordance with any precondition set forth by the Authority or Township.  

IMPROVED PROPERTY — Any property located within this Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage and/or industrial wastes shall be or may be discharged.  

INDUSTRIAL WASTES — Solid, liquid or gaseous substances or waterborne wastes or form of energy rejected or escaping in the course of any industrial, manufacturing, trade or business process or in the course of the development, recovery or processing of natural resources, as distinct from sanitary sewage.  

LAND DEVELOPMENT — The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:  

A.     A group of two or more buildings; or  

B.     The division or allocation of land or space between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, building groups or other features; or  

C.     A subdivision of land.    

OWNER — Any person vested with ownership, legal or equitable, sole or partial, of any land.  

PERSON — Any individual, partnership, company, association, society, trust, corporation, joint-stock company, unincorporated association, governmental body, political subdivision, Township or other group or entity.  

SANITARY SEWAGE — Normal water-carried household and toilet wastes discharged from any improved property.  

SANITARY SEWER FACILITIES — The collection sewers located under highways, roads, streets and rights-of-way, including service laterals.  

SERVICE LATERAL — That part of the sewer system extending from a collection sewer to the curbline or, if there shall be no curbline, to the property line; if no such service lateral shall be provided, then "service lateral" shall mean that portion of, or place in, a collection sewer which is provided for connection of any building sewer.  

SEWER — Any pipe, main or conduit constituting a part of the sewer system used or usable for sewage collection purposes.  

SEWER EXTENSION PLANS — All documents, drawings, models and any other items, including but not limited to sewer design plans, required to be submitted prior to the construction of any addition to the existing sewer system.  

SEWER SYSTEM — All facilities, as of any particular time, for collecting, transporting, pumping, and disposing of sanitary sewage and industrial wastes, situate in or adjacent to this Township for operation and use.  

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 divisions of land, including changes in existing lot lines for the purpose, whether immediately or future, of lease, transfer of ownership or building or lot development; provided, however, that the division of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, shall be exempted.  

TOWNSHIP — Decatur Township, Clearfield County, Pennsylvania, a political subdivision of the Commonwealth of Pennsylvania, acting by and through its Board of Supervisors or, in appropriate cases, acting by and through its authorized representatives.  

§ 210-31.  Sewage disposal requirements. 

A.     Sewage in the Township from real estate, housing, commercial and industrial land development, unless otherwise regulated, shall be disposed of or provisions for future disposal shall be made as follows: 

(1)    Any person who desires to develop and/or subdivide any land within the Township for housing, commercial or industrial purposes which adjoins the existing sewer system shall connect such development or subdivision to the sewer system, unless such connection, in the judgment of the Township, is economically or physically impractical. 

(2)    Any person who desires to develop and/or subdivide any land within the Township for housing, commercial or industrial purposes which does not adjoin the existing sewer system shall provide for the installation of sanitary sewer facilities within the development area and shall provide for the future connection of such facilities to the sewer system, unless such installation and connection, in the judgment of the Township, is economically or physically impractical. 

(3)    Any person, not otherwise required, who desires to provide for the installation of sanitary sewer facilities and connection to the existing sewer system may do so, provided he complies with this article, subject to the Township's right of refusal reserved by Subsection D hereof.   

B.     Any sanitary sewer facilities to be connected to the Township's sewer system shall be constructed in accordance with the provisions of this article and any other Township ordinances, resolutions and regulations and any state and/or federal requirements applicable thereto. 

C.     Any person required or desiring to install and connect sanitary sewer facilities shall do so at his own expense with his own forces, or under separate contract, provided that he first applies for and obtains written authorization from the Township to proceed with such construction in conformity with approved plans and specifications. 

D.     The Township reserves the right to refuse approval for immediate connection into the sewer system when, in the opinion of the Township and the Authority, such connection would result in exceeding the maximum capacity of the sewer system. 

E.      The Township shall inform the Authority of all proposed construction of sanitary sewer facilities, shall consult with the Authority about such proposed construction, and shall obtain from the Authority any consents necessary under the service agreement between the Township and the Authority dated June 13, 1978.   

§ 210-32.  Sewer extension plan required. 

A.     Any person required or desiring to install and connect sanitary sewer facilities must submit sewer extension plans for the developed area to the Township for approval prior to any construction. 

(1)    Sewer extension plans conforming to all original specifications established by the Township as to the type of pipe, grades, and all necessary appurtenances must be reviewed by the Township Engineer prior to approval from any necessary state or federal agencies. The engineering fees and charges for this review shall be paid by the developer submitting the plans. 

(2)    In no case will lesser standards than exist in the then-existing sewer system and as outlined in this article and any other Township ordinance be permitted for any such future sewer extensions.   

B.     Any sewer extension plans which receive written approval from the Township, as well as any necessary Authority, state and/or federal approvals, are to be constructed by and at the expense of the developer, but only under the inspection of an inspector designated by the Township and/or its Engineer. 

(1)    The cost of such inspections, including salaries and expenses, shall be borne by the developer.     

§ 210-33.  Procedural requirements. 

A.     Preliminary meeting. Prior to the submission of plans for the construction of sanitary sewer facilities, the developer shall consult with the Township and its Engineer for the purpose of preliminarily discussing the preparation of sewer design plans. The developer should, at this time, present any available data or preliminary drawings he has concerning the nature of the development proposal and the approximate number of units to be connected to the sewer system. 

B.     Preparation of plans. Sewer design plans for the proposed sanitary sewer facilities shall be prepared at the expense of the developer and may be prepared by the developer's engineer. 

C.     Specifications. The sewer design plans shall meet all applicable requirements, rules, regulations and laws of the Township, the Commonwealth of Pennsylvania and the United States of America, and such additional specifications and requirements as the Township Engineer shall deem appropriate or necessary. 

(1)    Design standards, specifications, plans. The sewer design plans shall be in accordance with the design standards and specification requirements as set forth in the standard construction and material specifications for sanitary sewer extensions as prepared and updated by the Township Engineer. All drawings submitted to the Township in conjunction with any application shall conform in every respect to the drawing criteria as set forth in the aforementioned sewer construction specifications.   

D.     Land development planning module. Prior to completion and submission of sewer design plans to the Township, the developer shall submit, where required, approved copies of the land development planning module and the soil erosion and sedimentation control plan to the Township. 

(1)    Upon receipt of the above items in form satisfactory to the Township, written notice shall be given to the developer that he is authorized to proceed with completion of the sewer design plans and applicable water quality modules.   

E.      Final sewer design plan and applicable modules. Upon completion of the final sewer design plan and any modules required by the commonwealth, the same shall be submitted to the Township with such permit application fees as may be required by the Department of Environmental Protection prior to its issuance of a permit to the Township for construction of the proposed sanitary sewer facilities. 

(1)    The Township shall, after review and approval of the final sewer design plan and applicable module, submit its application for issuance of the required water quality management permit to the commonwealth.   

F.      Performance bond or escrow deposit. Prior to the issuance of written authorization to proceed with construction, the developer shall provide a performance bond or shall deposit cash in an escrow with the Township in an amount equal to the cost of construction as estimated by the Township Engineer. Said funds shall be released upon the Township's written approval of the completed construction. 

G.     Inspections and inspection fees. In all instances where new sewer system lines are being installed, the Township Engineer or his designee shall be on the job site during periods of actual work as determined by the Township Engineer or his designee to be necessary to inspect the materials and construction methods being used to insure that the same conform to all applicable regulations. Prior to the issuance of written authorization to proceed with construction, the Township shall collect an inspection fee based on cost plus out-of-pocket expenses incurred by the Township Engineer, which sum shall be paid to the Township by the developer for each hour or part thereof which the Township Engineer or his designee expends at the construction site performing such inspections. The Township Engineer shall provide the developer with an estimate of the total cost of such inspection fee. Upon completion of all necessary inspections by the Township Engineer, or his designee, any inspection costs in excess of the estimated amount previously posted by the developer shall be billed by the Township to the developer, which inspection costs shall be paid to the Township before it shall issue written approval of the completed construction. If the Township Engineer's estimate exceeds the actual cost of inspection, then the balance on hand shall be refunded to the developer.   

§ 210-34.  Construction requirements. 

A.     Written authorization to proceed with construction. No construction work shall be commenced until written authorization is received by the developer from the Township. Upon receipt by the Township of the requisite permits from the commonwealth authorizing construction of the proposed sanitary sewer facilities and any other necessary permits or approvals, and the deposit of the required bonds and/or escrow and fees, the Township shall advise the developer, in writing, that the developer is authorized to proceed to construct the proposed sanitary sewer facilities, provided that the developer has complied with all other requirements imposed by the Township pursuant to this article. 

B.     Construction schedule. Immediately prior to commencement of construction, the developer shall provide the Township with an estimated construction schedule so that the progress and performance inspections required to be made by the Township under the provisions of this article may be performed. 

C.     Construction shall commence and proceed in strict accordance with the final sewer design plan, all applicable specifications and regulations of the Township, of the Commonwealth of Pennsylvania, and the United States. Any deviation from the final sewer design plan, applicable specifications or regulations during any phase of construction shall be justification for the revocation by the Township of the developer's authorization to proceed with construction, and, upon written notification of such revocation, all construction shall immediately cease. 

D.     In the event that construction of the proposed sanitary sewer facilities or any section thereof is not completed within one year after the date of the issuance of written authorization to proceed by the Township, such written authorization to proceed may be revoked by the Township, giving notice of such revocation in writing to the developer. Thereafter, the developer must secure renewed written authorization from the Township to proceed to complete the project. No construction or work of any nature may be performed on the project subsequent to the Township giving written notice of revocation or authorization to proceed or prior to issuance of a renewed written authorization. 

E.      Tests and final inspection. Upon completion of construction and prior to the discharge of any sewage into the lines, the Township shall conduct a final inspection, which inspection shall include such tests as the Township deems necessary to insure that the construction conforms in all respects to the sewer design plans, specifications and regulations. Any deficiencies noted at the time of final inspection by the Township shall be reported in writing to the developer who shall correct such deficiencies at his expense. Thereafter, the developer may request that a reinspection be made by the Township.   

§ 210-35.  Approval and acceptance. 

A.     Where the sanitary sewer facilities constructed are to be immediately connected with the existing sewer system, the Township shall, after completion of the final inspection and any reinspections that are necessary, upon receipt of a maintenance bond if required pursuant to Subsection E of this section, and upon the recommendation for acceptance of its Engineer made in the form of an Engineer's certificate of completion, notify the developer in writing that the construction is approved, and that the sanitary sewer facilities will be accepted by the Township upon proper dedication to it by the developer. The developer shall then take such steps as are necessary to dedicate the system to the Township free of all liens and encumbrances. 

B.     No sewage shall be permitted to be discharged into the newly constructed and connected sanitary sewer facilities until the developer has been notified in writing of the Authority's and Township's approval and the Township's intent to accept the system pursuant to Subsection A. 

C.     Where the sanitary sewer facilities constructed are not able to be immediately connected with the existing sewer system, the Township shall, after completion of the final inspection and any reinspections that are necessary, upon receipt of maintenance bond as required pursuant to Subsection E of this section and upon the recommendation for acceptance of its Engineer made in the form of an Engineer's certificate of completion, notify the developer in writing that the construction is approved, and that the sanitary sewer facilities will be accepted by the Township upon proper dedication to it by the developer. The developer shall then take such steps as are necessary to dedicate the system to the Township free of all liens and encumbrances. 

D.     No sewage shall be permitted to be discharged into any newly constructed sanitary sewer facilities which are not connected with the existing sewer system. 

E.      Maintenance bonds or cash deposits. Where the sanitary sewer facilities constructed are not able to be immediately connected with the existing sewer system and in any other circumstance where it is recommended by the Township Engineer, the developer shall provide the Township with a one-year maintenance bond in the amount of 100% of the construction cost of the sanitary sewer facilities constructed by him or shall deposit with the Township cash in such amount as is estimated necessary and sufficient by the Township Engineer.   

§ 210-36.  Applications for connection units and service lateral connections.

All units and service lateral connections to any newly constructed sanitary sewer facility shall be made in accordance with the ordinance applicable to such connections, including but not limited to those rules and regulations prescribing permit applications and tapping fees. Such application shall be required for each connection to be made by a unit within a planned development, the main collection lines for which are being constructed or have been constructed by or at the expense of the developer, and must be completely filled out in all parts and signed by the customer. The application shall be accompanied by the required tapping fee. 

§ 210-37.  Miscellaneous provisions. 

A.     Variance from article. No officer or employee of the Township is authorized to vary this article without action by the Township. 

B.     Control of service. The Township shall not be liable for a deficiency or failure of service which is occasioned by an emergency, required repairs, or any cause beyond its control. The Township reserves the right to restrict the use of sewer system whenever the public welfare may require it. 

C.     The developer shall indemnify and save harmless the Township from any and all loss or damage that may be occasioned, directly or indirectly, as a result of construction of sanitary sewer facilities or of connection of the sanitary sewer facilities to the sewer system.   

§ 210-38.  Additional rules and regulations.

The Township reserves the right to adopt, from time to time, additional rules and regulations as it shall deem necessary and proper relating to the construction of sanitary sewer facilities, which additional rules and regulation, to the extent appropriate, shall be construed as a part of this article. 

§ 210-39.  Failure to comply.

If any person who desires to develop and/or subdivide any land within the Township for housing, commercial or industrial purposes shall fail to comply with this article as required, the Township shall refuse to grant any permits or approvals required from it for such development and/or subdivision or shall immediately suspend any permits or approvals previously granted. The Township shall further notify all appropriate state and/or federal authorities of the violation. 

§ 210-40.  Purpose.

It is declared that the enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this Township.  

ARTICLE V

Holding Tanks

[Adopted 7-9-1996]

§ 210-41.  Purpose.

The purpose of this article is to establish procedures for the use and maintenance of existing and new holding tanks designed to receive and retain sewage, whether from residential or commercial uses, and it is hereby declared that the enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this municipality. 

§ 210-42.  Definitions.

Unless the context specifically and clearly indicates otherwise, the meanings of terms used in this article shall be as follows: 

AUTHORITY — The Township of Decatur and/or its designated agent or agents.  

HOLDING TANK — A watertight receptacle, whether permanent or temporary, which receives and retains sewage conveyed by a water-carrying system and is designed and constructed to facilitate the ultimate disposal of the sewage at another site.  

IMPROVED PROPERTY — Any property within the Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sewage shall or may be discharged.  

MUNICIPALITY — Decatur Township, Clearfield County, Pennsylvania.  

OWNER — Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township.  

PERSON — Any individual, partnership, company, association, corporation or other group or entity.  

SEWAGE — Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or animals and any noxious or deleterious substances being harmful or inimical to the public health or to animal or aquatic life or to the use of water for domestic water supply or for recreation.  

§ 210-43.  Powers and duties of Authority.

The Authority is hereby authorized and empowered to undertake within the Township the control and methods of holding tank use, sewage disposal and sewage collection and transportation thereof. 

§ 210-44.  Rules and regulations. 

A.     The Authority is hereby authorized and empowered to adopt such rules and regulations concerning sewage which it may deem necessary from time to time to effect the purposes herein. 

B.     All such rules and regulations adopted by the Authority shall be in conformity with the provisions herein, all other ordinances of the Township, and all applicable laws and applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania.   

§ 210-45.  Rates and charges.

The Authority shall have the right and power to fix, alter, charge and collect rates, assessments, and other charges in the area served by its facilities at reasonable and uniform rates as authorized by applicable law. 

§ 210-46.  Collection and disposal of sewage; pumping receipts; inspection reports. 

A.     The collection and transportation of all sewage from any improved property utilizing a holding tank shall be done solely by or under the direction and control of the Authority, and the disposal thereof shall be made only at such site or sites as may be approved by the Department of Environmental Protection of the Commonwealth of Pennsylvania or its successors. 

B.     The Authority will receive, review and retain pumping receipts from permitted holding tanks. 

C.     The Authority will complete and retain annual inspection reports for each permitted tank.   

§ 210-47.  Duties of property owner.

The owner of an improved property that utilizes a holding tank shall: 

A.     Maintain the holding tank in conformance with this article or any ordinance of this Township, the provisions of any applicable law, and the rules and regulations of the Authority and any administrative agency of the Commonwealth of Pennsylvania. 

B.     Permit only the Authority or its agent to inspect holding tanks on an annual basis. 

C.     Permit only the Authority or its agent to collect, transport, and dispose of the contents therein.   

§ 210-48.  Violations and penalties. [7] 

Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. 

§ 210-49.  Abatement of nuisances.

In addition to any other remedies provided in this article, any violation of § 210-48 above shall constitute a nuisance and shall be abated by the municipality or the Authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.  



[1].  Editor's Note: See 35 P.S. § 750.1 et seq.

[2].  Editor's Note: See 35 P.S. § 750.1 et seq.

[3].  Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[4].  Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[5].  Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[6].  Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[7].  Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). 

Chapter 219

SOLID WASTE

[HISTORY: Adopted by the Board of Supervisors of the Township of Decatur as indicated in article histories. Amendments noted where applicable.]

ARTICLE I

Disposal of Garbage and Refuse

[Adopted 3-11-2003 by Ord. No. 66]

§ 219-1.  Title.

This article shall be known and referred to as the "Decatur Township Solid Waste Ordinance." 

§ 219-2.  Definitions.

The following words and phrases, as used in this article, shall have the meanings ascribed to them herein, unless the context clearly indicates a different meaning: 

ACT 101 — The Act of July 28, 1988, P.L. 556, No. 101, 53 P.S. § 4000.101 et seq., as amended, known as the "Municipal Waste Planning, Recycling, and Waste Reduction Act."  

ACT 97 — The Act of July 7, 1980, P.L. 380, No. 97, 35 P.S. § 6018.101 et seq., as amended, known as the "Solid Waste Management Act."  

DEPARTMENT — The Pennsylvania Department of Environmental Protection.  

DISPOSAL — As defined by Act 97, 35 P.S. § 6018.103, and Act 101, 53 P.S. § 4000.103.   

GARBAGE — Any solid waste derived from animal, grain, fruit, or vegetable matter that is capable of being decomposed by microorganisms with sufficient rapidity to cause such nuisances or odors, gases, or vectors. For the purpose of this article, the term "garbage" shall not include:  

A.     The use of reasonable storage for use of animal waste and/or animal by-products when said use conforms to standard customary agricultural or horticultural practices;  

B.     The composting of leaves, grasses, brush and suitable food waste, provided said composting follows customary composting guidelines.    

PERSON — Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, municipality, state institution, or agency or any other legal entity recognized by law as the subject of rights and duties. In any provision of this article prescribing a fine, penalty, or any combination of the foregoing, the term "person" shall include the officers and directors from any corporation or any other legal entity having officers and directors.  

RUBBISH — All nonputrescible municipal waste, except garbage and other decomposable matter. This category includes but is not limited to ashes, bedding, cardboard, cans, crockery, glass, paper, wood, and yard cleanings. For the purpose of this article, the term "rubbish" shall not include the customary use of coal, wood and cellulose ash for anti-skid and road maintenance, provided said ash is free of metals, cans or other unburned or partially burned waste.  

SALVAGING — The controlled removal of recycling of material from a solid waste processing or disposal facility.  

SCAVENGING — The unauthorized and uncontrolled removal of any material stored or placed at a point for subsequent collection or from a solid waste processing or disposal facility.  

SOLID WASTE — Municipal waste as the term is defined under Act 97, 35 P.S. § 6018.103, and Act 101, 53 P.S. § 4000.103, and shall include construction and demolition waste.  

STORAGE — The containment of any waste on a temporary basis in such manner as to constitute disposal of such waste. It shall be presumed that the containment of any waste in excess of one year shall constitute disposal. This presumption can be overcome by clear and convincing evidence to the contrary.  

§ 219-3.  Prohibited activities. 

A.     It shall be unlawful for any person to accumulate, dump, deposit, or dispose or permit the accumulation, dumping, deposit or disposal of garbage, solid waste, and other refuse materials upon any private or public property, by any means and in any form within the Township, except in accordance with Act 97, Act 101, and all Department rules and regulations in effect from time to time. 

B.     It shall be unlawful for any person to dispose any solid waste from sources located within the Township except by a hauler licensed by Clearfield County and/or except to a processing or disposal facility designated under the Clearfield County Act 101 Municipal Waste Management Plan. 

C.     It shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited for collection within the Township without prior written approval from the Township. 

D.     It shall be unlawful for any person to salvage or reclaim any solid wastes within the Township except at an approved and permitted resource recovery facility or municipal waste management facility under any applicable Department rules and regulations adopted pursuant to Act 97 and Act 101. 

E.      This article is not intended to govern or regulate the storage of abandoned or junked automobiles on private and public property.   

§ 219-4.  Violations and penalties. 

A.     Any person who violates any provision of this article shall, upon conviction, be guilty of a summary offense by authority of the Second Class Township Code, 53 P.S. § 66601(c.1)(2), and punishable by criminal fines not exceeding $1,000 per violation and imprisonment to the extent allowed by law for the punishment of summary offenses. A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each section of this article which is found to have been violated. 

B.     The Board of Supervisors by written agreement may delegate the determination of ordinance violation, notice of violation, assessment of civil penalties, enforcement of civil penalties not voluntarily paid to such officers or agents as the Board of Supervisors deem qualified for that purpose.     

 Chapter 228

STREET NAMING AND BUILDING NUMBERING

[HISTORY: Adopted by the Board of Supervisors of the Township of Decatur 3-9-1999 by Ord. No. 61. Amendments noted where applicable.]  

GENERAL REFERENCES

 Streets and sidewalks — See Ch. 235.

 Vehicles and traffic — See Ch. 270.  

§ 228-1.  Purpose.

The purpose of this chapter is to enhance the Clearfield County E-9-1-1/Emergency Communication System by adopting the Clearfield County Street Naming and Addressing Policy established by Clearfield County Resolution No. 98-14 and to provide for implementation of this policy and a uniform county-wide addressing system with respect to naming of streets and roadways; fabrication, erection and maintenance of street name signs; address posting requirements; enforcement procedures; and assigning street or house numbers to all residences and principal buildings and businesses to assist fire, rescue, ambulance companies, law enforcement agencies, the United States Postal Service, and the public in the timely and efficient provision of services to residents and businesses of Clearfield County. 

§ 228-2.  Implementation and administration. 

A.     Decatur Township shall implement and administer the Clearfield County Street Naming and Addressing Policy as established by Clearfield County Resolution No. 98-14, as amended from time to time, in order to provide for a uniform county-wide addressing system. Enforcement of this chapter shall be the responsibility of Decatur Township, subject to any assistance or coordination services provided by Clearfield County. 

B.     A copy of the Clearfield County Resolution No. 98-14 and any subsequent amendments shall be kept on file with this chapter.   

§ 228-3.  Guidelines and standards.

Decatur Township is responsible for the administration, implementation and enforcement of this chapter. Establishment of any street names will be coordinated with the Clearfield County GIS Department pursuant to the Clearfield County Street Naming and Addressing Policy. The designation of street names by agent shall require the approval of the Clearfield County GIS Department so as to coordinate such designations and to comply with the Clearfield County Street Naming and Addressing Policy. 

§ 228-4.  Violations and penalties; enforcement. 

A.     Any person who violates any provision of this chapter shall, upon conviction, be guilty of a summary offense by authority of the Second Class Township Code, 53 P.S. § 66601(c.1)(2), and punishable by criminal fines not exceeding $1,000 per violation and imprisonment to the extent allowed by law for the punishment of summary offenses. A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each section of this chapter which is found to have been violated. 

B.     Decatur Township shall have the authority and option, per agreement with Clearfield County, should both parties choose to do so, to designate Clearfield County as designee for purposes of enforcement.

   Chapter 235

STREETS AND SIDEWALKS

[HISTORY: Adopted by the Board of Supervisors of the Township of Decatur as indicated in article histories. Amendments noted where applicable.]  

GENERAL REFERENCES

 Street naming and building numbering — See Ch. 228.

 Vehicles and traffic — See Ch. 270.  

ARTICLE I

Obstructions

[Adopted 1-6-1958 by Ord. No. 9]

§ 235-1.  Definitions; word usage. 

A.     As used in this article, the following terms shall have the meanings indicated: 

BRIDGES — Includes all structures, of any nature whatsoever, which shall be either erected or maintained by the Supervisors of Decatur Township for the passage of vehicular or pedestrian traffic over or across any watercourse, railroad or highway cut, or any natural depression of the land where such structure shall raise the traveled portion of the roadway above the level of the land or streambed thereunder.  

CULVERTS — Includes any facility, regardless of material used in its construction, which shall have been erected or constructed by the Supervisors of Decatur Township for the collection of water from drainage ditches or natural watercourses along Township roads, as herein defined, and the passage of said water under said Township roads, or the carrying or discharge of such water away from Township roads.  

DITCHES — Includes any and all open depressions or channels for the conveyance of water, except natural watercourses, which shall be dug, constructed or maintained by the Supervisors of Decatur Township for road drainage.  

DRAINS — Includes any facility for the conveyance of water in a pipe or tube of terra-cotta, iron, galvanize, or any other material whatsoever, whether the same be located under Township roads or on the right-of-way of said roads and leading to or discharging water from other road drainage facilities maintained by the Township.  

FOOTWALKS — Includes any and all paths, sidewalks or other passages for pedestrian travel which may now or shall hereafter be constructed or maintained on the right-of-way of any Township road, whether the same is constructed or maintained by the Supervisors of Decatur Township or by the owners of adjoining properties in compliance with any order or ordinance given, passed or enacted by the Supervisors of Decatur Township, and it shall be immaterial whether said footwalk be concrete, aggregate or blacktop, slate, cinder, gravel or other substances commonly used for the construction of ways for the convenient passage of pedestrian travel of said Township.  

ROAD — Includes all Township routes regularly laid out by the Supervisors of Decatur Township or which shall have become Township roads by reason of maintenance by the Township for a period of years or which shall have been given and dedicated to the Township by the owners of any land within the said Township and which shall be marked and shown on the Township road map on file with the Secretary of the Board of Supervisors as a Township road.  

B.     In the construction of this article, the singular shall be construed to include the plural, and the masculine shall be construed to include the feminine and neuter, and "person" shall be construed to include any individual, partnership, association, corporation or entity of any nature whatsoever.   

§ 235-2.  Prohibited acts. 

A.     From and after the effective date hereof, it shall be a violation of this article for any person, either individually or by employee or employees, to erect, construct or cause to be erected or constructed any structure, whether temporary or permanent, and whether attached to the land or lying or standing upon the surface thereof, which shall in any way obstruct the convenient and normal use of any Township road, footpath, culvert, drains, ditches or bridges within Decatur Township, Clearfield County, Pennsylvania, or in any way affect or lessen their normal use. 

B.     From and after the effective date hereof, it shall be a violation of this article for any person to move, push, dump or otherwise place any earth, rock, brush, trees or any other material substance at any place where it shall block, obstruct or otherwise lessen the normal use of any Township road, footpath, culvert, drain, ditch or bridge or where said earth, rock, brush, trees or other material may fall, blow or wash into or onto any Township road, footpath, culvert, drain, ditch or bridge and in any way lessen or render inconvenient or dangerous the normal use of said Township road, footpath, culvert, drain, ditch or bridge. 

C.     From and after the effective date hereof, it shall be a violation of this article for any person to move or place any equipment, machinery or vehicle in any manner that the same shall obstruct any Township road, footpath, culvert, drain, ditch or bridge and allow such equipment, machinery or vehicle to remain in any location which shall obstruct or lessen the normal use of such Township road, footpath, culvert, drain, ditch or bridge. 

D.     From and after the effective date hereof, it shall be a violation of this article for any person to place or move any earth, rock, brush, trees, equipment, machinery, vehicle, structure or material whatsoever in any manner which causes the destruction of any Township road, footpath, culvert, drain, ditch or bridge. 

E.      In all cases where such act, prohibited by Subsection A, B, C or D of this section, is performed by an employee or employees, both the employer and the employee who have committed any of the above acts shall be construed to have violated this article, and in all cases where either the individual or employer shall be acting for or be in partnership, association or corporation or any other entity of any type, the officer of such partnership, association, corporation or entity shall be construed to have personally violated this article by the action of their employee and shall be charged hereunder with said violation to the same extent as if they had personally performed the prohibited acts. 

F.      From and after the effective date hereof, it shall be a violation of this article for any person to order or direct any individual or employee to do any of the acts prohibited in Subsections A, B, C and D of this section or to order any individual or employee to move any structure, machinery, or equipment by any route or in any manner which shall cause a violation of Subsections A, B, C and D of this section.   

§ 235-3.  Violations and penalties. [1] 

Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.  



[1].  Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). 

 Chapter 242

SUBDIVISION AND LAND DEVELOPMENT

[HISTORY: Adopted by the Board of Supervisors of the Township of Decatur 6-9-2009 by Ord. No. 72. Amendments noted where applicable.]  

GENERAL REFERENCES

 Planning Commission — See Ch. 42.

 Uniform construction codes — See Ch. 110.

 Floodplain management — See Ch. 130.

 Sewers — See Ch. 210.

 Streets and sidewalks — See Ch. 235.

 Water — See Ch. 283.  

ARTICLE I

General Provisions

§ 242-1.  Purpose.

This chapter has been designed and adopted to provide uniform standards and procedures for the regulation and control of subdivision and land development within Decatur Township. The purpose of such regulation and control is to provide for the safe and coordinated development of the municipality by assuring sites suitable for building purposes and human habitation; by coordinating proposed streets and other proposed public improvements with those existing; by assuring that adequate easements or rights-of-way are provided for drainage facilities and public utilities in general; and by assuring that reservation, if any, by the developer of any area designated for use as public grounds shall be suitable in size and location for their designated uses. This chapter promotes the health, safety and general welfare of the Township and is consistent with the Osceola Mills Decatur Township Joint Comprehensive Plan (1997) and works to implement that plan. 

§ 242-2.  Effect.

This chapter shall be in full force and effect, including definitions, plan requirements and processing procedures, design standards, improvements and construction requirements and conditions of acceptance of public improvements by the Township of Decatur. 

§ 242-3.  Title.

This chapter shall be known as the "Decatur Township Subdivision and Land Development Ordinance." 

§ 242-4.  Statutory authority.

This chapter is adopted pursuant to the provisions of the "Pennsylvania Municipalities Planning Code" (Act 247), effective January 1, 1969, as amended.[1] 

§ 242-5.  Interpretation.

The provisions of this chapter shall be held to be minimum requirements to meet the above-stated purposes. Where the provisions of this chapter impose greater restrictions than those of any statute, ordinance or regulation, the provisions of this chapter shall prevail. Where the provisions of any other statute, ordinance or regulation impose greater restrictions than those of this chapter, the provisions of such statute, ordinance or regulation shall prevail.  

ARTICLE II

Terminology

§ 242-6.  Definitions.

Unless otherwise stated, the following words shall, for the purpose of this chapter, have the meanings herein indicated: 

ACCELERATED EROSION — The removal of the surface of the 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.  

ALLEY — A right-of-way providing secondary vehicular access to the side or rear of two or more properties.  

ANCHORING — The fastening of a mobile home to its pad or stand to prevent upset or damage due to wind, erosion, flooding, or other natural forces.  

APPLICANT — A landowner or developer who has filed an application for development, including his heirs, successors and assigns.  

APPLICATION FOR DEVELOPMENT — Every application, whether preliminary, tentative, or final, which is required to be filed and approved prior to the start of construction or development, including but not limited to an application for a building permit, for the approval of a subdivision plan or for the approval of a land development plan.  

BERM — A mound of earth which serves such purposes as directing the flow of surface water runoff, preventing soil erosion, and supporting plant materials to aid in screening.  

BLOCK — A tract of land bounded by streets, or by a combination of streets, public parks, cemeteries, railroad rights-of-way, or boundary lines of the Township.  

BOARD — The Board of Supervisors of Decatur Township, Clearfield County, Pennsylvania.  

BUFFER AREA — A strip of land adjacent to the lot line to establish a visual separation between incompatible land uses.  

CALIPER — The diameter of a tree trunk measured at a point 4 1/2 feet from the ground surface at the base of the tree.  

CARTWAY — The portion of a street or alley intended for vehicular use, designed and constructed in accordance with the provisions of this chapter.  

COUNTY — The County of Clearfield, Pennsylvania.  

CUL-DE-SAC — A minor street intersecting another street at one end and terminated at the other end by a vehicular turnaround; a form of a single-access street.  

CUT — An excavation; the difference between a point on the original ground and designated point of lower elevation on the final grade; also, the material removed in excavation.  

DEVELOPER — Any landowner, agents 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.  

DIVERSION ACTIVITY — Any construction or other activity which disturbs the surface of the land, including, but not limited to, excavations, embankments, land development, subdivision development, mineral extraction and the moving, depositing or storing of soil, rock or earth.  

EMBANKMENT — A deposit of soil, rock, or other material placed by man.  

EROSION — The natural process by which the surface of the land is worn away by the action of water, wind or chemicals.  

EXCAVATION — Any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom.  

FILL  

A.     Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom.  

B.     The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade.  

C.     The material used to make a fill.    

FLOODPLAIN — A relatively flat or low land area adjoining a river, stream, watercourse, bay or lake, which is subject to partial or complete inundation and subject to unusual and rapid accumulation of runoff of surface waters from any source, as delineated by the Federal Emergency Management Agency (FEMA) criteria.  

GOVERNING BODY — The Board of Supervisors of Decatur Township, Clearfield County, Pennsylvania.  

GRADE — The slope expressed as a percent which indicates the rate of change of elevation in feet per 100 feet.  

GUARANTEE, IMPROVEMENT — Financial security of a type and in the amount specified by this chapter and in accordance with Act 247 which is provided by an applicant to assure the completion of improvements within a major subdivision to be constructed at the expense of the developer and eventually dedicated to the Township.  

GUARANTEE, MAINTENANCE — A written security which is provided by an applicant that details the entity responsible for maintenance, identifies where funding for maintenance will come from, and plans for establishing the funding mechanism, to assure proper maintenance of improvements, including water mains, sanitary sewer lines, stormwater management facilities when installed by a developer in major subdivisions. Such written security is necessary when a nonmunicipal organization will be responsible for the perpetual maintenance facilities.  

GUARANTEE, PERFORMANCE — Financial security of a type and in the amount specified by this chapter and in accordance with Act 247 which is provided by a developer to assure structural integrity and proper functioning of improvements constructed at the expense of the developer and eventually dedicated to the Township or to a community association.  

HITCH — A device which is a part of the frame or attaches to the frame of a mobile home and connects it to a mobile source for the purpose of transporting the unit.[2]  

IMPROVEMENTS — Physical changes to the land which are necessary to produce lots and support land uses, including but not limited to grading, paving, curbing, streetlights, signs, fire hydrants, water mains, sanitary sewers, storm drains, sidewalks, crosswalks, bridges, culverts, monuments and markers, landscaping and street trees.  

INTERCEPTOR CHANNEL — A channel or dike constructed across a slope for the purpose of intercepting stormwater, reducing the velocity of flow, and diverting it to outlets where it can be disposed.  

LAND DEVELOPMENT — Any of the following activities:  

A.     The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:  

(1)    A group of two or more buildings; or  

(2)    The division or allocation of land 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.    

B.     A division of land into lots for the purpose of conveying such lots singly or in groups to any person, partnership or corporation for the purpose of the erection of buildings by such person, partnership or corporation.  

C.     The construction, installing, placing, planting, or building of surface structures, utility lines, shopping centers and malls, golf courses, apartment complexes, schools, roads, highways, parking areas or any other similar activity.    

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 person having a proprietary interest in the land.  

LOT — A designated parcel, tract, or area of land established by a plat or otherwise as permitted by law and to be used, developed, or built upon as a unit.  

LOT ADDITION — A parcel of land that is intended for conveyance to an adjacent property owner as an addition to the existing lot.  

MARKER — A steel pin of at least 3/4 inch in diameter or 3/4 inch square and at least 30 inches in length, used for the purposes of establishing the change in the angles of property lines within a lot.  

MOBILE HOME — A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly contained in one unit, or in two or more units designed to be joined into an integral unit, which may be towed on its own running gear and which may be temporarily or permanently affixed to real estate, used for nontransient residential purposes, and constructed with the same, or similar, electrical, plumbing, and sanitary facilities as in normal housing.  

MOBILE HOME LOT — A parcel of land used for the placement of a single mobile home and the exclusive use of its occupants.  

MOBILE HOME PAD — A concrete pad at least six inches thick with at least six tie-down rings to which the mobile home shall be secured and equal in length and width to the dimensions of the mobile home to be placed on it.  

MOBILE HOME PARK — A parcel or contiguous parcels of land which has been so designated and improved that it contains three or more mobile home lots for the placement of mobile homes.  

MOBILE HOME PARK PERMIT — Written approval issued by the Township authorizing a person to operate and maintain a mobile home park under the provisions of this chapter.  

MOBILE HOME STAND — That part of an individual lot which has been reserved for the placement of a mobile home, its appurtenant structures or additions.  

MUNICIPAL ENGINEER — A professional engineer (PE) licensed in the Commonwealth of Pennsylvania, duly appointed as the engineer for the municipality or engaged as a consultant.  

MUNICIPALITY — The Township of Decatur, Clearfield County, Pennsylvania.  

PLAN, AS-BUILT — A corrected final plan showing dimensions and locations of all streets and other improvements as actually constructed.  

PLAN, FINAL — A complete and exact subdivision plan, prepared for official recording as required by statute, to define property rights and proposed streets and other improvements.  

PLAN, IMPROVEMENTS AND CONSTRUCTION — A plan stamped by a registered engineer showing the construction details of streets, drains, sewers, water supply systems, bridges, culverts and other improvements as required by this chapter, and including a horizontal plan, profiles, and cross sections, elevation views and other details.  

PLANNING COMMISSION — The Decatur Township Planning Commission.  

PLAN, PRELIMINARY — An officially submitted land development or subdivision plan prepared in accordance with this chapter and providing the necessary details and information for review by the Township in order to make an initial decision for approval or rejection.  

PLAN, SITE ANALYSIS — A diagram or drawing that identifies the limitations and assets of the land or site to be subdivided, to include but not be limited to such natural features as vistas, slopes, vegetation, drainage, soil and man-made features.  

PLAN, SKETCH — An informal plan, not necessarily to exact scale, indicating salient existing features of a tract and its surroundings and general layout of the proposed subdivision or land development.  

PLAT — A map or plan of a subdivision or land development, either preliminary or final.  

PUBLIC GROUNDS — Includes parks, playgrounds and other public areas and sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.  

PUBLIC NOTICE — A notice given not more than 30 days and not less than seven days in advance of any public hearing required by law. Such notice shall be published once each week for two successive weeks in a newspaper of general circulation in the Township of Decatur, Clearfield County, Pennsylvania. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing.  

RIGHT-OF-WAY — The total width of any land reserved or dedicated as a street, crosswalk, or for other public purposes.  

RUNOFF — The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the soil but runs off the surface of the land.  

SEDIMENT — Soils or other materials transported by surface water as a product of erosion.  

SEDIMENTATION — The process by which mineral or organic matter is accumulated or deposited by wind, water, or gravity. Once this matter is deposited or remains suspended in water, it is usually referred to as "sediment."  

SEWAGE SYSTEM, COMMUNITY — A system which carries sewage from individual discharges by a system of pipes to a common, privately owned treatment or disposal facility serving the community or development.  

SEWAGE SYSTEM, ON-LOT — A sanitary sewage treatment system that involves treatment by means of a septic tank or other approved method, which is normally owned, operated and maintained solely by the property owner and is contained within the confines of the lot on which the use it serves is located, as approved by the Pennsylvania Department of Environmental Protection.  

SEWAGE SYSTEM, PUBLIC — An off-site system in which sewage is conveyed to a publicly operated plant for treatment and disposal through means approved by the Pennsylvania Department of Environmental Protection.  

SKIRTS — Panels specifically designed for the purpose of screening the underside of a mobile home by forming an extension of the vertical exterior walls of the mobile home and covering the entire distance between the bottom of the exterior walls and the ground elevation below.  

SLOPE — The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance.  

SOIL STABILIZATION — The proper placing, grading and/or covering of soil, rock or earth to insure their resistance to erosion, sliding or other movement.  

STREET — Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct, cartway, and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private, and for the purposes of this chapter shall be classified as follows:  

A.     Arterial streets are those which are used primarily for through, fast or heavy traffic and are under the auspices of the Pennsylvania Department of Transportation (PennDOT);  

B.     Collector streets are those which carry traffic from minor streets to the major system of arterial streets and are under the auspices of the Pennsylvania Department of Transportation (PennDOT);  

C.     Minor streets are those which are used primarily for access to the abutting properties;  

D.     Marginal access streets are minor streets which are parallel to the adjacent arterial streets and which provide access to abutting properties and protection from through traffic;  

E.      Alleys are minor ways which are used primarily for secondary vehicular service access to the back or side of properties.    

STREET, HALF OR PARTIAL — A street that is divided by or traverses along a property line, where neither property controls or provides the full right-of-way and cartway as may be required for streets.  

STRUCTURE — Anything enclosing an area of 100 square feet or more constructed or erected, the use of which demands a location on the soil or attachment to something located in or on the soil. A structure shall also include any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.  

SUBDIVIDER — A person, partnership or corporation or developer who or which owns land or a developer working with the property owner under an agreement in the Township and for which a land subdivision application is filed and processed under the provisions of this chapter.  

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 divisions of land, including changes in existing lot lines, for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwellings, shall be exempted.  

A.     MAJOR SUBDIVISION — Any subdivision involving 11 or more lots, parcels of land or other divisions of land (separated from the parent tract since May 15, 1972), whether or not they involve new streets, additional utilities or other facilities, immediate or future.  

B.     MINOR SUBDIVISION — Any subdivision involving not more than 10 lots, parcels of land, or other divisions of land (separated from the parent tract since May 15, 1972) which abut a street of sufficient width and does not require a new street, the installation of sanitary sewers, storm sewers, water mains or pipes, or other facilities.    

SWALE — A low-lying stretch of land which gathers or carries surface water runoff.  

TOPOGRAPHIC — A map showing the elevations of the ground and contours or elevations.  

TOPSOIL — Surface soils and subsurface soils which presumably are fertile soils and soil material, originally rich in organic matter or humus debris. Topsoil is usually found in the uppermost soil layer called the "A horizon."  

TOWNSHIP — The Township of Decatur, Clearfield County, Pennsylvania.  

WATERCOURSE — A permanent stream, intermittent stream, river, brook, creek, channel or ditch for water, whether natural or man-made.  

WATER SUPPLY SYSTEM, COMMUNITY — A system for supplying water from a common, privately owned water source through a pipe system to individual users in a community or development.  

WATER SUPPLY SYSTEM, OFF-LOT — A safe, adequate and healthful potable water supply to a single user from a private well or spring and located outside the confines of the lot on which the use it serves is located.  

WATER SUPPLY SYSTEM, ON-LOT — A safe, adequate, and healthful potable water supply to a single user from a private well or spring and located within the confines of the lot on which the use it serves is located.  

WATER SUPPLY SYSTEM, PUBLIC — A publicly operated system for supplying safe potable water in sufficient quantities from a common source to two or more users within a franchise area, as administered by a municipality, municipal authority, or public utility as defined and regulated by the Pennsylvania Public Utilities Commission.   

ARTICLE III

Jurisdiction and Control

§ 242-7.  Jurisdiction.

The Board is vested with the jurisdiction and control of the subdivision and development of land located within the limits of Decatur Township in accordance with the "Pennsylvania Municipalities Planning Code" (Act 247), effective January 1, 1969, as amended.[3] 

§ 242-8.  Compliance required; scope. 

A.     No lot in a subdivision may be sold; no permit to erect, alter or repair any building upon land in a subdivision may be issued; and no building may be erected in a subdivision, unless and until a final subdivision plan has been approved and recorded and until the improvements required by the Board have either been completed or guaranteed as provided by this chapter. Where, owing to special conditions, a literal enforcement of this provision would result in unnecessary hardship, the Board may make such reasonable exception thereto as will not be contrary to the public interest and may permit the sale of a lot, issuance of a permit, or erection of a building, subject to conditions necessary to assure adequate streets and other public improvements. 

B.     No lot, tract or parcel of land will be subdivided, and no land will be developed, and no street, alley, sanitary sewer, storm sewer, water main or related facility will be laid out, constructed, opened or dedicated for public use or travel, or for the use of occupants of buildings abutting or to abut on them, except according to the provisions of this chapter and any other ordinances of the Township. 

C.     The scope of this chapter shall include all matters over which, by law, the Township is authorized to exercise control by enactment and enforcement of this chapter, including but not necessarily limited to: 

(1)    All improvements within the tract undergoing subdivision or land development; 

(2)    The improvements of adjacent public facilities, including streets and drainage facilities which border upon the tract; and 

(3)    The installation or enhancement of off-site improvements needed to adequately serve the subdivision or land development.      

ARTICLE IV

Procedural Requirements

§ 242-9.  General procedures. 

A.     The plan requirements and processing procedures shall be followed by the applicant as set forth herein, and all applications for subdivisions and land developments shall be submitted to the Planning Commission for review and tentative approval prior to consideration for formal approval by the Board. 

B.     All subdivision and land development applications shall be for the purposes of procedure, classified as either minor or major, as defined in Article II. 

C.     Entities submitting an application for subdivision or land development shall apply for and secure approval in accordance with the following procedures: 

(1)    Minor subdivision or land development proposal:  

(a)     Final plan (mandatory).   

(2)    Major subdivision or land development proposal:  

(a)     Sketch plan (mandatory).  

(b)     Preliminary plan (mandatory).  

(c)     Final plan (mandatory).     

D.     Preliminary or final subdivision or land development plan submittals shall be filed with the Township Secretary, who will make the appropriate distributions for review. All plans shall be submitted with the necessary forms and fees as determined by this chapter or other resolution of the Board. No application shall be considered filed until application fees have been fully paid and all application requirements have been met. 

E.      The applicant, or his or her representative, shall attend all meetings at which his or her application is scheduled for discussion.   

§ 242-10.  Submission of sketch plan. 

A.     Applicants are required to prepare for review with the Board subdivision sketch plans as further described in § 242-17. 

B.     Such sketch plans will be considered as submitted for informal discussion between the applicant, the Planning Commission and the Board. Submission of a sketch plan shall not constitute formal filing or submission of an application for approval of a subdivision or land development with the Board. 

C.     As far as may be practical on the basis of a sketch plan, the Board shall informally advise the applicant, at the next monthly meeting, of the extent to which the proposed subdivision conforms to the design standards of this chapter and will discuss possible plan modifications necessary to secure conformance. 

D.     Submission of a sketch plan shall not constitute or replace a formal application for a preliminary or final subdivision or land development plan.   

§ 242-11.  Plan submission standards. 

A.     All plans for subdivision or land development, together with planning modules, documents and applicable permits as may be required by other government agencies, shall be submitted to the Township for review and approval or denial. No preliminary or final plans will be accepted less than seven working days prior to the next regularly scheduled Planning Commission meeting. 

B.     Preliminary and final plan applications will not be accepted for review until all supplementary data and studies as specified in §§ 242-18 and 242-19 of this chapter have been received by the Township. 

C.     The Township shall require the payment of all review and other fees prior to formal action on the plan by the Board. At the time of filing, the applicant shall pay to the Township fees to be used to defray the cost of processing such plans. There shall be an additional charge for repeat review of rejected plans, plus any additional costs incurred in processing plans. Fees to be paid are subject to change pursuant to procedures adopted by the Township. 

D.     Preliminary and final plans for all proposed subdivision and land development lying within the Township shall be filed by the Township with the appropriate agencies for review and report. Review agencies shall include, among others, Clearfield County Water and Soil Conservation District and the Clearfield County Planning Commission. 

E.      From the time an application for approval of a plan is duly filed as provided in this chapter, and while such application is pending approval or disapproval, no change or amendment of this chapter or other governing ordinance or plan shall affect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed.   

§ 242-12.  Preparation of plans and specifications. 

A.     Specifications and plans for a subdivision or land development layout, including water, sewerage systems and stormwater drainage systems, shall be prepared by a professional surveyor or engineer licensed in the Commonwealth of Pennsylvania and shall bear his or her seal and signature. 

B.     The layout and preparation of plans should be based on site topography, with due consideration given to stormwater management, aesthetics and environmental constraints.   

§ 242-13.  Preliminary plan review. 

A.     Preliminary plans and supporting data shall comply with the provisions of Article V of this chapter. 

B.     Six copies of the preliminary plan shall be submitted to the Township. 

C.     At the next regularly scheduled meeting, the Planning Commission shall consider the plan and make its recommendations to the Board. In its review of the plan, the Planning Commission shall consider overall compliance of the plan with this chapter and other applicable Township ordinances and shall, if necessary, refer the plan to the Township Engineer to examine the engineering feasibility of the various schemes presented for the location, alignment and grade of streets, sewers, storm sewers and water supply. The Planning Commission shall also consider the suitability of the plan for the development of the site and its relation to the appropriate extension of streets and the arrangement and density of housing and the compatibility of the plan with the Osceola Mills Decatur Township Joint Comprehensive Plan. The comments and recommendations of the Planning Commission, along with the comments of the Township Engineer, if any, shall be forwarded to the Board within five days of completion of the Planning Commission's review. The Planning Commission shall have 30 days to review the preliminary plans. 

D.     For proposed development abutting or traversed by the Township boundary, the applicant shall submit a copy of the plan to the abutting or adjoining municipality for its review and comment. 

E.      The Board may, before acting on the subdivision or land development plan, arrange for a public hearing on the plan after giving such public notice as required by this chapter. If a public hearing has been held on a preliminary plan, a public hearing shall not be required on the final plan unless the final plan is substantially different from the preliminary plan. 

F.      The Board, at a regular meeting open to the public, shall review the preliminary plan and shall make recommendations as are deemed necessary to obtain conformance with this chapter. The Board shall render its decision and comment to the applicant no later than 60 days after the date on which the Planning Commission initially made its recommendation.   

§ 242-14.  Final plan review. 

A.     Major plans. 

(1)    Within one year after the Board's action on the preliminary plan, a final plan and necessary supporting data shall be submitted to the Board for final approval; provided, however, that an extension of time may be granted by the Board upon written request. Otherwise, the plan submitted shall be considered as a new preliminary plan. 

(2)    The final plan shall conform in all important aspects with the preliminary plan as previously reviewed by the Board and shall incorporate modifications and revisions specified by the Board in its review of the preliminary plan. 

(3)    The final plan and supporting data shall comply with the provisions of Article V of this chapter. Applications not filed in accordance with Article V shall be considered incomplete and shall not be considered for approval. 

(4)    Six copies of the final plan shall be submitted to the Township. The Board shall provide a copy of the final plan to all appropriate agencies and the Planning Commission for their recommendation. 

(5)    The Board shall review the final plan at a regularly scheduled meeting or at a special meeting for that purpose and shall render its decision and communicate it to the applicant in writing, listing all reasons for plan rejection if such is the case, within 90 days following the date of the first regular Planning Commission meeting at which the final application was reviewed. In no event shall the Planning Commission render its decision longer than 90 days from the date of the regular meeting of the Planning Commission next following the date the application for approval is filed. 

(6)    Failure of the Board or Planning Commission to render a decision and communicate it to the applicant within the time and in the manner prescribed in this chapter shall be deemed an approval of the application in terms as presented, unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation or communication shall have the same effect. 

(7)    Upon completion of necessary reviews of final plans, the applicant shall present copies of all final plans in the form of clearly legible diazo or xerographic prints made from originals drawn on paper or plastic film. Space shall be provided for the signatures of the Board as specified in Article V of this chapter. One copy of the approved plans shall be submitted to the Board after formal approval.   

B.     Minor plans. 

(1)    Preliminary plans and reviews may be eliminated and final plans prepared at the direction of the Planning Commission. 

(2)    The applicant shall submit six copies of a final plan of any minor subdivision to the Planning Commission. The plan shall outline the proposal in sufficient detail to permit a determination by the Planning Commission that the proposed subdivision or land development conforms with this chapter. 

(3)    Professional engineering services shall be required for all minor subdivision or land development applications, particularly for those comprised of one or two lots. 

(4)    Upon a determination by the Planning Commission that the proposed subdivision or land development is in conformance with this chapter, the applicant shall be advised of the decision of the Planning Commission, or of such changes as may be required, within 30 days of the meeting and shall be requested to submit six copies of the plan in the approved format within 60 days of written notification of the Planning Commission decision. 

(5)    The Planning Commission shall submit the final plan with its recommendation for approval to the Board for consideration and formal action.     

§ 242-15.  Subdivision and land development agreement.

Every applicant for final plan approval shall execute a formal agreement to be approved by the Board before the final plan is released by the Board and filed on record. The agreement shall specify the following, where applicable: 

A.     That the owner agrees to design and construct all roads, streets, or lanes, together with all other improvements, including grading, paving, curbs, gutters, sidewalks, streetlights, fire hydrants, water mains, street signs, shade trees, storm and sanitary sewers, landscaping, traffic control devices, open space and restricted areas, erosion and sediment control measures, in accordance with the final plan as approved where any or all of these improvements are required as conditions of approval, and that the applicant shall complete these improvements within the time specified by the Board or upon posting of the security as spelled out in 53 P.S. § 10509. 

B.     That the owner guarantees completion and maintenance of all improvements by means of a corporate surety bond, deposit of funds, government securities in escrow, or irrevocable letter of credit acceptable to the Board or upon posting of the security as spelled out in 53 P.S. § 10509. 

C.     That the owner agrees to tender a deed or deeds of dedication to the Township for such streets and for such easements for sanitary and storm sewers, sidewalks, manholes, inlets, pumping stations and other appurtenances as shall be constructed as public improvements, provided that the Township shall not accept dedication of such improvements until their completion is certified as satisfactory by the Township Engineer or representing agent and when applicable as approved by the appropriate regulatory agencies. Approval of subdivision plans does not constitute acceptance of streets or utilities unless so specified by the Board. The Township shall not be required to accept these improvements but may agree to do so upon completion at the discretion of the Township. 

D.     Whenever a developer proposes to establish or continue a street which is not offered for dedication for public use, the Board shall require the developer to submit, and also require to record with the plan, a copy of an agreement made with the Board on behalf of himself and his heirs and assigns and signed by him and which shall establish the conditions under which the street may later be offered for dedication and shall stipulate, among other things: 

(1)    That the offer to dedicate the street shall be made only for the street as a whole. 

(2)    That the Township shall not be responsible for repairing or maintaining any undedicated street. 

(3)    That the method of assessing repair and maintenance costs of undedicated streets be stipulated and shall be set forth in recorded deed restrictions so as to be binding on all successors or assigns. 

(4)    That if dedication be sought, the street shall conform to the Township's specifications or that the owners of the abutting lots shall, at their own expense, restore the street to conformance with Township specifications.     

§ 242-16.  Required guarantees; recording of final plan; permits; as-built plans. 

A.     General requirements. 

(1)    Financial security required by this section shall be in the form of a federal- or commonwealth-chartered lending institution irrevocable letter of credit, a restrictive or escrow account in such institution or with a financially responsible bonding company, cash or cash equivalent, or such other type of financial security, subject to the approval of the Township. The bonding company may be chosen by the party posting the financial security, provided that the said bonding company or lending institution is authorized to conduct business within the Commonwealth of Pennsylvania and stipulates that it will submit to Pennsylvania jurisdiction and Clearfield County venue in the event of legal action. 

(2)    All agreements for required guarantees shall be executed by the applicant or developer and shall be approved by the Township, provided that such an agreement is satisfactory to the Township Solicitor. 

(3)    If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a subdivision or land development proposal as set forth in this chapter, the Township shall not condition the issuance of a building, grading, or other permit relating to the erection or placement of improvements, including buildings, upon the lots or land as depicted on the approved final plan upon actual completion of the improvements. Moreover, if said financial security has been provided, building permits for any building or buildings to be erected shall not be withheld following:  

(a)     The completion of the construction of new streets as described in Article VI of this chapter in all respects except for the installation of the wearing course.  

(b)     The completion of all improvements as depicted upon the approved final plan, either upon the lot or lots or beyond the lot or lots in question if such improvements are necessary for the reasonable use or occupancy of the building or buildings.     

B.     Approval of improvements. 

(1)    When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Board, in writing, by certified or registered mail, of the completion of the improvements and shall send a copy thereof to the Township Engineer. The Board shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the improvements. The developer shall assume all reasonable and necessary expenses, in accordance with a schedule adopted by resolution, incurred by the Township and the Township Engineer to review and approve the improvements. The Township Engineer shall file a report, in writing, with the Board and shall promptly mail a copy of the report to the developer by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Township Engineer of the aforesaid authorization from the Board. The report shall be detailed and shall indicate approval or rejection of the improvements, either in whole or in part. If the improvements, or any portion thereof, shall not be approved or shall be rejected by the Township Engineer, the report shall contain a statement of reasons for such nonapproval or rejection. 

(2)    The Board shall notify the developer, in writing, by certified or registered mail, of its action with regard to approval, nonapproval or rejection of the improvements within 15 days of receipt of the Township Engineer's report. 

(3)    If the Board fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved, and the developer shall be released from all liability, pursuant to its performance guaranty bond. 

(4)    If any portion of the improvements shall not be approved or shall be rejected by the Board, the developer shall proceed to complete those improvements, and, upon completion, the same procedure of notification, as outlined above, shall be followed. 

(5)    Nothing herein, however, shall be construed in limitation of the developer's right to contest or question, by legal proceeding or otherwise, any determination of the Board or the Township Engineer. 

(6)    In the event that any required improvements have not been approved, the Board may enforce any corporate bond or other security by appropriate legal and equitable remedies. If the proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Board may, at its option, install part of such development and may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security and not for any other municipal purpose.   

C.     Performance guarantee. 

(1)    The developer shall be responsible for maintenance of all subdivision or land development improvements until such improvements are offered for dedication and are accepted by the Township or have been placed under the control of a community association. 

(2)    Where the Board accepts dedication of all or some of the required improvements following completion, the Board shall require the posting of financial security to secure the structural integrity of the improvements and the functioning of the improvements in accordance with the design and specifications as depicted on the approved final plan. 

(3)    The security required shall be in the form required by Subsection A(1) of this chapter, shall be for a term of 18 months from the date of the acceptance of the dedication, and shall be in an amount equal to 15% of the actual costs of installation of the dedicated improvements.   

D.     Maintenance guarantees. 

(1)    Where maintenance of stormwater management facilities is to be the responsibility of individual lot owners, a community association, or some other entity, the Board shall require that maintenance responsibilities be set forth in perpetual covenants or deed restrictions binding on the landowners' successors in interest and may further require that an initial maintenance fund be established in a reasonable manner. 

(2)    If water mains, sanitary sewer lines, or both, along with related facilities, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or municipal authority separate and distinct from the Township, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this chapter.   

E.      Recording of the final plan. 

(1)    Within 90 days of the approval of the final plat, or 90 days after delivery of an approved plat signed by the Board following completion of conditions imposed for such approval, including applicant's execution of the subdivision and land development agreement and improvement guarantee, if required, whichever is later, the final plan shall be recorded by the applicant in the office of the Recorder of Deeds of Clearfield County. All plans must be submitted for endorsement to the Decatur Township Planning Commission before recordation. One copy of the recorded plan shall be returned to the Township Secretary within 15 days after recording. The applicant shall furnish the Township with a recorder's certificate verifying the final plan is properly recorded. The requirements of Act 247, the Pennsylvania Municipalities Planning Code,[4] shall govern the action of the developer in the recording of documents. 

(2)    The recording of the final plan shall not constitute grounds for assessment increases until such time as lots are sold or structures are installed on the lots included within the subject plan. 

(3)    As-built plans shall be approved and recorded if they differ from the plan of record.   

F.      Permits. 

(1)    Upon submission to the Township of a copy of the Recorder of Deeds receipt for the recording of the final plan or lot addition, the issuing agent shall issue a building permit to the applicant. No construction activities (including earthmoving activities, but not including soil or percolation testing, well drilling or similar engineering or surveying activities) shall be initiated by the applicant until the building permit has been issued by the issuing agent. The permit does not relieve the applicant from obtaining all applicable county, state and federal permits having specific jurisdiction. 

(2)    No water system or sewer system, including extensions to existing or proposed Township systems, shall be constructed prior to the issuance of appropriate permits from the Pennsylvania Department of Environmental Protection or from other federal, state or local agencies, as required. 

(3)    The applicant is responsible for obtaining permits relative to working within or adjacent to wetlands from the Pennsylvania Department of Environmental Protection and/or the United States Army Corps of Engineers. The applicant is responsible for obtaining permits related to water supply, sewerage, and sewage treatment from the Township and Pennsylvania Department of Environmental Protection. The applicant is responsible for obtaining a highway occupancy permit from the Pennsylvania Department of Transportation. The applicant is responsible for obtaining erosion and sediment control permits from the Clearfield County Conservation District or the Pennsylvania Department of Environmental Protection, as applicable.   

G.     As-built plan submission requirements. Upon completion of an approved plan and prior to the final relinquish of guarantee funds, the applicant shall have prepared and shall deliver to the Township six copies of the as-built plans of the land development.    

ARTICLE V

Plan Requirements

§ 242-17.  Sketch plan. 

A.     A sketch plan shall be submitted by the applicant as a basis for informal discussion with the Board and the Planning Commission. 

B.     Sketch plans may be professionally drafted or freehand, done in ink on paper, or may be in the form of xerographic or electronic prints. 

C.     A sketch plan need not be to exact scale, nor are precise dimensions required. Scale is at the option of the applicant, but a scale of one inch equals not more than 200 feet is recommended. 

D.     Data furnished in a sketch plan shall be at the discretion of the applicant. For a sketch plan to be fully useful, it is suggested that the plan include the following information: 

(1)    Proposed subdivision name, identifying title and the words "Preliminary Plan." 

(2)    Name and address of the owner of the tract and of the developer. 

(3)    Tract boundaries showing all distances and bearings, total acreage of the tract, number of lots proposed, remaining acreage of any unsubdivided land. 

(4)    Municipality in which the subdivision is located. 

(5)    North arrow, graphic scale and date of drawing. 

(6)    Streets on and adjacent to the tract. 

(7)    A key map for the purpose of locating the site in the Township, showing the relation of the tract to adjoining property and streets, roads, bodies of water, and municipal boundaries within 2,000 feet of the development property. 

(8)    Significant topographical and physical features. 

(9)    Proposed general street layout. If a PennDOT highway occupancy permit is required, the approved permit number must be shown on the plat.  

(10)  Proposed general lot layout.  

(11)  Physical features such as soil types, floodplains, streams, ponds, lakes, wetland areas, and contours at twenty-foot intervals.  

(12)  Proposed major changes to the physical features.  

(13)  An indication of the proposed intensity of use, such as gross density in residential developments or the number and nature of prospective tenants in an office, commercial or industrial development.  

(14)  All existing buildings.  

(15)  The names of all owners of any immediately adjacent unplatted land; the names of all platted subdivisions immediately adjacent to the development; and the locations and dimensions of any streets or easements terminating adjacent to the development.  

(16)  If a nonbuilding waiver is requested, the waiver must be included on the plat accompanied by the signatures of the landowner and the Sewage Enforcement Officer.  

(17)  Site plan analysis for major subdivisions and nonresidential development.     

§ 242-18.  Preliminary plan. 

A.     A complete preliminary plan shall include all the information described by this section, including the studies, analyses and documents as may be required. 

(1)    Drafting standards. All plans, drawings and other sketches shall conform with the following standards:  

(a)     Preliminary plans must be submitted in the form of xerographic copies or diazo prints made from original drawings on reproducible paper or Mylar and shall show the property boundaries of the entire tract being subdivided or developed.  

(b)     The preliminary plan shall be at a scale of not more than 200 feet to one inch.  

(c)     The size of plan drawings shall be 24 inches by 36 inches. Where more than two sheets are required, an overall key sheet shall be provided, and match lines must be shown on each sheet. A set of plans shall consist of uniformly sized sheets.  

(d)    Tract boundaries with bearings shown to the nearest seconds and distances shown to the nearest 0.01 of a foot shall be illustrated.  

(e)     Proposed lot layout, with the area of each in acres, calculated to the nearest 0.001 of an acre, shall be shown. Proposed lots smaller than one acre shall be further labeled with their lot size to the nearest square foot.   

(2)    Plan content. In order to be considered complete, all plans shall contain at least the following:  

(a)     A preliminary plan shall be submitted with a completed Township form requesting review as well as the total review fee as established by the Board.  

(b)     Proposed subdivision name or title and intent of plan.  

(c)     Municipality and location map at a scale of not less than one inch equals 2,000 feet. The location map shall be placed on the cover sheet and with identical orientation to the plan.  

(d)    North arrow, scale, date of original drawings and any revisions, and a signature approval block located in the lower right corner of each sheet requiring municipal signatures.  

(e)     Name of recorded owner of property and applicant along with appropriate tax data from the Clearfield County Tax Assessor office necessary to identify the property.  

(f)     Name and seal of the professional engineer, surveyor, architect or landscape architect, licensed in the Commonwealth of Pennsylvania, responsible for the preparation of the plan.  

(g)     Block numbers and lot numbers, which shall be consecutive throughout the subdivision and not independent for each block or phase of the proposal.  

(h)     Significant physical features within the tract and an adjacent fifty-foot perimeter. If the project is a major subdivision or land development, then the perimeter strip shall be extended up to 400 feet in width. Such physical features shall include:  

[1]    Contour lines of not more than two-foot intervals for land with an average natural slope of 8% or less and at intervals of not more than five feet for land with an average natural slope exceeding eight feet.  

[2]    Data to which elevation controls refer shall be included.  

[3]    Soil types, based on the USDA Soil Survey of Clearfield County.  

[4]    Man-made or natural watercourses and their accompanying floodplain, designated wetland areas, swales, ponds or reservoirs.  

[5]    Existing vegetation coverage and proposals for improvements.  

[6]    All existing buildings, sewer mains and on-lot disposal systems, wells, water mains and fire hydrants, culverts, pipelines, gas mains, power lines, telephone lines, and other significant man-made utilities and facilities.  

[7]    All existing streets on or adjacent to the tract, including street name, right-of-way width, and cartway width.    

(i)      All existing property lines, easements, and rights-of-way, and the purpose for which the easements or rights-of-way have been established.  

(j)      The location and width of all proposed streets, alleys, rights-of-way and easements shall be shown.  

(k)     The minimum building setback line from each street shall be shown.  

(l)      Playgrounds, public buildings, public areas, and parcels of land proposed to be dedicated or reserved for public use shall be indicated.  

(m)    Proposals requiring access to roads under the jurisdiction of the Pennsylvania Department of Transportation shall bear a notice that a highway occupancy permit is required pursuant to Section 420 of the State Highway Law (P.L. 1242, No. 428)[5] before access to a state road is permitted.  

(n)     The plan shall show the names of owners of all abutting, unplatted land and the names of all abutting subdivisions.  

(o)     Where the preliminary plan covers only a part of the applicant's entire holding, a sketch plan shall be submitted of the prospective street layout to determine how safe and efficient access will be provided to the remainder of the property and how future subdivision and land development will relate and interact with the current proposal.  

(p)     All street extensions or spurs as are reasonably necessary to provide adequate street connections and facilities to adjoining or contiguous developed or undeveloped areas.  

(q)     Where off-site water service is to be provided, the location and size of all water service facilities within the subdivision shall be shown, including wells, storage tanks, pumps, mains, valves and hydrants.     

B.     All plans shall include the following supporting documentation: 

(1)    Maintenance responsibilities and use restrictions for all rights-of-way and easements within or adjacent to the tract shall be described on the plan. The ownership of all such rights-of-way and easements shall also be indicated, including the owner's name and address. This information shall not be required for existing public roads. 

(2)    A statement of the proposed method of water supply, including evidence that such source is capable of providing a reliable supply of potable water in sufficient quantity for the entire proposed development. For individual off-site water supply systems, a copy of a recorded agreement for the use of the source by the subject lot. 

(3)    A statement of the proposed method for sewage disposal. Where on-site sewage disposal facilities are proposed, the applicant shall submit a statement with regard to the suitability of the soil to absorb sewage wastes. Where, in the opinion of the Township Engineer, doubt exists about the ability of the soil to absorb such waste, the Board may require further analysis as provided in § 242-33E of this chapter. 

(4)    A statement describing all proposed public improvements, including streets, curbs and stormwater facilities.   

C.     Site analysis plan for major subdivisions and nonresidential development. The site analysis plan shall show the complete boundary of the tract proposed for a major subdivision or development and shall demonstrate how the proposal will conserve the existing natural and historical resources of the tract. Features shown on the site analysis shall include, at a minimum: 

(1)    Tract boundary with bearings and distances. 

(2)    Freshwater wetlands. 

(3)    Man-made or natural watercourses and water bodies, swales, the one-hundred-year floodplain, and the location of alluvial soils and soils with a seasonal high-water table within 18 inches of the surface. 

(4)    Contour lines at no more than five-foot intervals. 

(5)    Steep slope areas consisting of areas between 15% and 25% and areas with slopes in excess of 25 feet shall be indicated. 

(6)    Vantage points and vistas both into and out of the tract. 

(7)    Existing tree masses and outstanding specimen trees of twelve-inch caliper or greater. The Township strongly encourages the preservation of existing, viable trees on land proposed for development. 

(8)    Existing structures on adjacent properties. 

(9)    Existing dimensions and conditions of roads abutting and traversing the tract, including the cartway and right-of-way dimensions of such roads.  

(10)  A written analysis of the features included on the site analysis plan.   

D.     Erosion, sedimentation and stormwater management plan. 

(1)    This plan shall be required when an applicant expresses an intent to change the natural state of any land proposed to be subdivided, developed, or changed in use by grading, excavating, removing, or destroying the natural topsoil, trees, or other vegetative covering. 

(2)    The plan shall demonstrate adherence to § 242-27 of this chapter. 

(3)    The preparer of the plan shall include in the plan adequate measures for control of erosion and siltation, following the guidelines and policies of the Clearfield County Soil and Water Conservation District. The developer shall be required to comply with the guidelines and policies. 

(4)    The following control measures are typical of the type required in an effective erosion, sedimentation and stormwater management plan:  

(a)     The smallest practical area of land should be exposed at any given time during development.  

(b)     When land is exposed during development, the exposure shall be kept to the shortest practical period of time.  

(c)     Where necessary, temporary vegetation or mulching shall be used to protect areas exposed during development.  

(d)    Sediment traps, including debris basins, desilting basins and silt traps, shall be installed and maintained to remove sediment from runoff waters from land undergoing development.  

(e)     Provisions shall be made to mitigate the increased peak runoff caused by changed soil and surface conditions during and after development.  

(f)     Permanent, final vegetation and structures shall be installed as soon as practical in the development.   

(5)    The plan shall include the following information for major subdivisions and all nonresidential development:  

(a)     The delineation of pertinent drainage areas.  

(b)     Indication of hydrologic soil groups within the drainage areas.  

(c)     A narrative indicating the assumptions made and the resulting runoff curve numbers for the prevailing (preconstruction) conditions shall be based on either meadow (in good condition) or forest, as applicable.  

(d)    Runoff computations for the twenty-four-hour, two-, five-, ten-, twenty-five-, fifty- and one-hundred-year storm.  

(e)     The location and type of sediment and erosion control measures. Such measures must be in compliance with § 242-27 of this chapter.     

E.      Final construction plan requirements for major subdivisions and nonresidential development. Final construction plans shall be required whenever an improvement for a major subdivision or nonresidential development is to be constructed or installed. 

(1)    The plan shall be drawn at the same scale as the preliminary plan. 

(2)    The plan shall contain sufficient information to provide working plans for the layout and construction of proposed improvements, including public and private streets, utilities and stormwater management facilities. The plan shall include, but not be limited to, the following:  

(a)     A horizontal plan showing layout of proposed improvements, including stations corresponding to those shown on the profiles, horizontal curves, and location and size of inlets and manholes, limits of grading showing edge of lots with reference to road cuts and fills and road stations. The grading plan shall indicate the finished grades by contour lines, showing the proposed excavation, or fill, with reference to the prevailing topographic contours.  

(b)     A profile plan indicating final grades of streets and sewers, and the extent of cut and fill operations.  

[1]    The profile plan shall show the vertical section of the existing grade along the center line of the proposed street, as well as the right-of-way limits. Where storm drainage or sanitary sewer lines are to be installed, they shall be indicated on the profile plan.  

[2]    The horizontal scale on the profile plan shall be not less than one inch equals 100 feet, and the vertical scale shall be not less than one equals 10, or, in cases where larger scales are used, the ratio shall be 1:10 vertical to horizontal.  

[3]    A typical cross section of street construction shall be shown on the profile plan and shall show: 

[a]     Right-of-way widths and the location and width of paving within the right-of-way. 

[b]     Type, thickness and crown of paving, specifying subgrade treatment as well as subbase, base course and wearing course materials. 

[c]     The location, width, type and thickness of curbs, gutters, and sidewalks to be installed, if any. 

[d]    Typical location, size and depth of any underground utilities that are to be installed in the right-of-way, where such information is available.           

§ 242-19.  Final plan. 

A.     Final plans must be submitted in the form of xerographic copies or diazo prints made from original drawings on reproducible paper or Mylar and shall show the property boundaries of the entire tract being subdivided or developed. 

B.     All plans, drawings and sketches included with the final plan shall comply with the drafting standards as identified in § 242-18A of this chapter. 

C.     A master plan of the entire development site at a scale of 400 feet to one inch shall be included with the final plan. 

D.     Final plans shall include the following information and documentation: 

(1)    All information required on preliminary plans. 

(2)    Final subdivision or development name. 

(3)    Sufficient data to readily determine the location, bearing, and length of every street, lot and boundary line and to produce such lines upon the ground. 

(4)    Tangent bearings and the length of all straight lines, radii, and curves for each street. 

(5)    All dimensions and angles or bearings of the lines of each proposed lot and of each area proposed to be dedicated to public use. 

(6)    Final street names within the subdivision or development. 

(7)    Location of permanent reference markers as required by and described in § 242-37 of this chapter. 

(8)    An affidavit that the applicant is the owner or equitable owner of the land proposed for subdivision or development. 

(9)    A statement duly acknowledged before an officer authorized to take acknowledgment of deeds and signed by the owner or owners of the property, to the effect that the subdivision or development as shown on the final plan is made with his or their free consent, that it is desired to record the same.  

(10)  Copies of all relevant permits or certificates as may be required by the county, state and federal agencies having jurisdiction.  

(11)  If any of the supporting plans or studies submitted with the preliminary plan were deemed by the Board to need extensive revision, final and correct copies of such plans and studies shall be submitted with the final plan.  

(12)  For lot additions, a deed or a legal description and sketch reflecting the properties merged.  

(13)  No plat which will require access to a highway under the jurisdiction of the Department of Transportation shall be finally approved unless the plat contains a notice that a highway occupancy permit is required pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the "State Highway Law,"[6] before driveway access to a state highway is permitted.      

§ 242-20.  Lot addition plan. 

A.     The sole purpose of the plan is to convey an area of land to an adjacent property as an addition to the existing lot of record. 

B.     The parcel to be added is contiguous to the receiving lot and maintains or improves the lot lines of both parcels. 

C.     Both the resulting remnant lot and expanded lot shall conform to the lot area and configuration requirements of the Township. 

D.     The subdivision plan includes the following note:

"This plan creates a lot annexation(s). Lot No.(s) __________ cannot be represented as, or retained as, a separate lot(s), nor can Lot No.(s) __________ be used by itself (themselves) by any party for any construction or other land development.

The property transfer will result in the recording of a deed with the Clearfield County Recorder of Deeds. A copy of the recorded deed will be provided to the Township within seven days of its recording."

             

    

E.      The subdivision plan includes the following signed and notarized statement from the intended purchasers that:

"I/We hereby certify that, as the owner(s) of adjacent land (Deed Reference No. __________) to the parcel shown as lands of ___________________________ on this plan, it is my/our intention to acquire said parcel upon approval and recording of this plan. I/We hereby agree to incorporate Lot No. __________ with my/our adjacent land holdings into one tract of land with one encompassing description within 90 days of transfer to my/our ownership. I/We further agree to provide a copy of the recorded deed to Decatur Township within seven days of its recording."

           

       ARTICLE VI

Design Standards

§ 242-21.  General provisions. 

A.     The standards and requirements outlined in this article shall be considered minimum standards and requirements for the promotion of public health, safety and general welfare. 

B.     Where literal compliance with the standards specified in this article is clearly impractical, the Board may modify or adjust the standards to permit reasonable utilization of property while securing substantial conformance with the objective of these regulations. 

C.     Proposed subdivisions and developments shall be coordinated with existing nearby neighborhoods both within and outside of the Township so that the community as a whole may develop harmoniously.   

§ 242-22.  Land requirements. 

A.     Land shall be suited to the purposes for which it is to be subdivided or developed in conformance with the Osceola Mills Decatur Township Comprehensive Plan and other applicable ordinances. Specifically, the Little Laurel Run watershed and the Little Laurel Run stream corridor shall be protected as environmentally sensitive areas. 

B.     Wetlands and land areas which are subject to periodic flooding or saturation shall not be platted for residential development or designated for such other uses as involve danger to health, safety or the general welfare of the citizens unless adequate permanent drainage is provided and unless provision is made and indicated on the plan for adequate disposal of sanitary sewage and drainage of surface and subsurface water, comparable with public health standards, and subject to review and approval by appropriate regulatory agencies. 

C.     The design of subdivisions and land developments shall preserve, insofar as possible, the natural terrain, natural drainage, existing topsoil and existing vegetation of the development site. 

D.     All portions of the tract being developed shall be taken up in lots, streets, public lands or other proposed uses so that remnants and landlocked areas shall not be created.   

§ 242-23.  Street system. 

A.     All streets, which by design or intent are to become a part of the Decatur Township Official Map and the municipal circulation system by legal action of the Board, shall conform to the following design standards and be planned in a manner acceptable to the Planning Commission. 

B.     Where a subdivision abuts or contains an existing or proposed arterial street or a railroad right-of-way, access to the subdivision or development shall be limited to a minimum and shall be determined with regard for sight distance, distance between intersections, approach grades and requirements for future grade separations. 

C.     Marginal access and reverse frontage streets paralleling limited access and/or arterial streets shall be required. Access to such streets shall not be more frequent than existing conditions will allow traffic at the current speed limit. 

D.     Street jogs with center-line offsets of less than 125 feet shall be avoided. 

E.      Arterial and collector streets as identified on the Decatur Township Official Map shall be improved in accordance with standards and specifications of the Pennsylvania Department of Transportation. 

F.      When a street line changes direction more than 10°, it shall be connected with a curve radius sufficient to assure adequate sight distance. 

G.     Streets shall be laid out to intersect as nearly as possible at the right angles, and no street shall intersect with any other street at less than 60°. 

H.     Collector and arterial streets shall not intersect at intervals of less than 800 feet. 

I.       Alleys shall be prohibited, unless special permission is granted by the Board. 

J.      Street right-of-way widths shall conform to the following: 

(1)    Arterial street: 50 feet. 

(2)    Collector street: 50 feet. 

(3)    Residential street: 50 feet. 

(4)    Minor street: 50 feet. 

(5)    Alley (when permitted): 20 feet.   

K.     Dead-end streets. 

(1)    Dead-end streets shall be prohibited, except as temporary stubs to permit future street extension into adjoining tracts, or when designed as permanent culs-de-sac. Any dead-end street which is constructed for future access to an adjoining property or because of authorized stage development and which is open to traffic shall be provided with a temporary, all-weather turnaround. The turnaround shall be completely within the boundaries of the subdivision or land development, and the turnaround shall be guaranteed to the public until such time as the street is extended. Cul-de-sac streets, permanently designed as such, shall terminate in a turnaround of the same construction material as the cartway and shall meet the street standards. 

(2)    Dead-end streets designed to be so permanently shall be provided with a cul-de-sac turnaround having a minimum outside cartway diameter of 100 feet and a minimum property line diameter of 120 feet. Culs-de-sac planned in excess of 1,500 feet in length shall be subject to review and approval by the Board. Approval of additional length shall be granted only when deemed to be in the best interests of the citizens of the Township and when no jeopardy in regard to public protection is found.   

L.      Center-line grades should, whenever possible, be not less than 1%. 

M.     Where the grade of any street at the approach to an intersection exceeds 6%, a leveling area shall be provided having not greater than 4% grade for a distance of 25 feet measured from the nearest right-of-way line of the intersecting street. 

N.     At intersections, curb radii shall not be less than 20 feet.  

O.     New partial or half streets shall not be permitted, except where essential to reasonable subdivision of a tract of land in conformance with the other requirements and standards of this chapter and where, in addition, satisfactory assurance for dedication of the remaining part of the street can be secured. 

P.      Multiple intersections involving junction of more than two streets shall be prohibited. 

Q.     To insure adequate sight distance, minimum center-line radii for horizontal curves shall be as follows: 

(1)    Minor street: 150 feet. 

(2)    Collector street: 300 feet. 

(3)    Arterial street: 500 feet.     

§ 242-24.  Private driveways. 

A.     Private driveways, whether individual or common on corner lots, shall be located at least 40 feet from the point of intersection of the nearest street right-of-way lines. 

B.     Driveways shall be designed to provide an adequate sight distance.   

§ 242-25.  Stormwater management. 

A.     Lots shall be laid out and graded to provide positive drainage away from buildings. 

B.     Storm sewers, culverts and related installations shall be designed to: 

(1)    Permit unimpeded flow of natural watercourses and drainage swales. 

(2)    Insure adequate drainage of all low points along the line of streets. 

(3)    Intercept stormwater runoff along streets at intervals reasonably related to the extent and grade of the area drained. 

(4)    Provide zero increase in runoff peak flow rate. 

(5)    Provide the most efficient and environmentally safe method of recharging groundwater supplies.   

C.     In the design of stormwater installations, special considerations shall be given to avoidance of problems which may arise from concentration of stormwater runoff over adjacent properties. 

D.     Storm sewers shall have a minimum diameter of 15 inches and a minimum grade of 1/2%. Changes in alignment shall be made by straight sections connected by inlets or manholes. Storm sewer sizes shall be selected in accordance with size of contributing subdrainage areas to provide for a peak flow from a minimum storm frequency of 10 years. Rainfall intensity curves and other hydraulic design data shall be as found on NOAH Atlas 14 (http://hdsc.nws.noaa.gov/hdsc/pfds/) and shall be used in the design. 

E.      Manholes shall not be more than 300 feet apart on sizes up to 24 inches and not more than 450 feet apart on larger sizes. Inlets may be substituted for manholes on approval by the Township Engineer. 

F.      Stormwater roof drains shall not discharge water directly over a sidewalk or lane but shall disburse over a lawn or shall connect to a swale or storm sewer. 

G.     Bridges and culverts shall have ample waterway to carry expected flows, based on a minimum storm frequency of 50 years. Culverts shall be provided with wing walls and constructed for the full width of the right-of-way. Box culverts shall be provided with a paved flow line and with aprons and wing walls at each end. Bridge railings must be at least five feet back from the edge of the final cartway width, and this five-foot width may be used to place sidewalks. 

H.     All storm drains and drainage facilities such as gutters, inlets, bridges and culverts shall be installed in accordance with current Pennsylvania Department of Highways specifications. The land shall be graded for adequate drainage as shown on the surface drainage plan submitted and approved. A detail plan of the storm drainage culverts, drains and inlets shall be required when deemed necessary by the Planning Commission.   

§ 242-26.  Erosion and sediment control. 

A.     All activities involving land disturbance, whether or not a plan is prepared or a permit obtained in accordance with this chapter, shall be consistent with the following standards: 

(1)    All land-disturbance activities shall be conducted in such a way as to prevent accelerated erosion and resulting sedimentation. To accomplish this, all persons engaged in land-disturbance activities shall design, implement, and maintain erosion and sediment control measures which effectively prevent accelerated erosion and sedimentation. 

(2)    In order to prevent accelerated erosion and resulting sedimentation, land-disturbance activities related to earthmoving operations to construct (including but limited to construction of buildings and other structures) and to paving activities shall be conducted in accordance with the provisions of Chapter 102, Title 25, Rules and Regulations of the Pennsylvania Department of Environmental Protection, and shall be guided by the following principles:  

(a)     There shall be no discharge or sediment of other solid materials from the site as a result of stormwater runoff.  

(b)     No earthmoving or stripping of vegetation shall be conducted in areas of greater than 25% slope unless specific approval is obtained from the Board and Township Engineer.  

(c)     The erosion and sediment control plan shall be submitted with the preliminary and final plans. Such plans shall be prepared in accordance with the Pennsylvania Department of Environmental Protection Erosion and Sediment Pollution Control Program Manual (most recent edition), and in compliance with the Clearfield County Conservation District practices.  

(d)    Stripping of vegetation, regrading or other development shall be done in such a way that will minimize erosion.  

(e)     To the maximum extent possible, natural vegetation shall not be removed except as provided in the approved final plan.  

(f)     The amount of area disturbed and the duration of exposure shall be kept to a practical minimum.     

B.     Adjacent property. 

(1)    No person shall engage in earthmoving activities to endanger any adjoining public street, sidewalk, alley or other public property from settling, cracking, or other damage which might result from such earthmoving. 

(2)    No person shall dump, move or place any soil, bedrock, or other material or divert or increase the flow of water so as to cause the same to be deposited upon or roll, flow or wash upon or over the premises of another without the express consent of the owner of such premises so affected, or upon or over any public street, street improvement, road, storm sewer drain, watercourse, or rights-of-way or any public property.   

C.     Permanent stormwater management. 

(1)    All subdivision and land development activities involving an increase in impervious cover shall limit the amount of stormwater runoff to an amount no greater than existed on the original undeveloped site as reviewed by the Township Engineer and approved by the Board. 

(2)    Stormwater management facilities shall be designed to achieve the following:  

(a)     To keep the total amount of stormwater runoff after development equal to the amount of stormwater runoff before the development.  

(b)     To encourage groundwater recharge and protect local groundwater supplies.  

(c)     To lessen the potential flooding and damage as a result of development through increased stormwater rates and levels for downstream areas.   

(3)    To accomplish the stated purpose of stormwater management facilities, such facilities shall be designed according to the following:  

(a)     Stormwater management facilities shall be designed to accommodate all changes in stormwater levels as identified in § 242-18D(5) of this chapter.  

(b)     All stormwater management facilities shall be designed in accordance with specifications and regulations of the Township, Clearfield County Soil and Water Conservation District, and the Pennsylvania Department of Environmental Protection.  

(c)     Applicants shall consider new and innovative techniques to control stormwater and shall consider retention and infiltration over detention. In determining the best and most appropriate system, the applicant shall consider the following practices:  

[1]    Utilization of minimum disturbance and minimum maintenance practices.  

[2]    Decreased impervious area coverage.  

[3]    Porous pavement with underground recharge beds.  

[4]    Seepage pits, seepage trenches or other infiltration structures.  

[5]    Cisterns and underground reservoirs.  

[6]    Routed flow over grass.  

[7]    Grassed channels and vegetation strips.    

(d)    The distribution and amount of stormwater onto any adjacent property shall, in no instance, be greater than the level of stormwater prior to development.  

(e)     The design of stormwater facilities shall take into consideration topography, vegetation, soil types and other site characteristics.  

(f)     Detention, retention and infiltration facilities shall use the existing topography of the land whenever possible. As such, in the final design and construction of such facilities, slopes shall be consistent with the surrounding terrain in order to blend in with the surrounding area as much as possible.  

(g)     The suitability and design of all stormwater facilities shall be approved by the Township Engineer.  

(h)     Emergency spillways shall be included in the design of any basin in order to direct the overflow of stormwater to appropriate areas in case of malfunction or excessive stormwater.   

(4)    Calculating stormwater runoff.  

(a)     Predevelopment and post-development stormwater runoff shall be calculated for a given site based on either meadow (in good condition) or forest land, as applicable. Included with runoff calculations shall be a narrative indicating the assumptions made and the resulting runoff curve numbers for the prevailing (preconstruction) conditions.  

(b)     Runoff computations shall be calculated for the following storm events and the corresponding twenty-four-hour rainfall:

Storm Frequency
(years)

24-Hour Precipitation
(inches)

1

2.3

2

2.7

5

3.5

10

4.0

25

4.6

50

5.1

100

5.5

 

      

(5)    Where stormwater facilities will be created, maintenance shall be the sole responsibility of the owner of the property on which the facility is located, unless a community association has been established to maintain the facilities. Where a community association has been created to maintain such facilities, the terms and arrangements for funding and maintenance shall be identified in accordance with § 242-16D of this chapter. 

(6)    Stormwater management plan details and pertinent construction instructions shall be clearly shown on the plan drawings.     

§ 242-27.  Grading for drainage.

In order to provide more suitable building sites, the following requirements shall be met: 

A.     All lots, tracts, or parcels shall be graded to provide proper drainage from buildings without ponding, and all land within a development shall be graded to drain surface water without ponding, except where other arrangements are approved by the Planning Commission. 

B.     All drainage provisions shall be adequate to handle the surface runoff and carry it to the nearest curbed street, storm drain, or natural watercourse. Where drainage swales are used, they shall be sodded or planted and of adequate slope, shape and size. 

C.     Concentration of surface water runoff shall only be permitted in swales or watercourses. 

D.     Excavations and fills. 

(1)    Cut and fill slopes shall not be steeper than 2:1 unless stabilized by a retaining wall or cribbing, except as approved by the Planning Commission when handled under specific conditions. 

(2)    Adequate provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills. 

(3)    Cut and fills shall not endanger adjoining property. 

(4)    Fill shall be placed and compacted to minimize sliding or erosion.  

(5)    Fill shall not encroach on natural watercourses or constructed channels. 

(6)    Fill placed adjacent to natural watercourses or constructed channels shall have suitable protection against erosion during periods of flooding. 

(7)    Grading shall not be done in such a way so as to divert water onto the property of another landowner without the expressed consent of the Planning Commission and the landowner. 

(8)    Necessary measures for dust control shall be exercised. 

(9)    Grading equipment shall not be allowed to cross live streams. Provisions shall be made for the installation of culverts or bridges.     

§ 242-28.  Blocks. 

A.     Block lengths shall not exceed 1,600 feet. 

B.     In cases where the block length exceeds 1,200 feet or where deemed essential by the Planning Commission to provide pedestrian circulation of schools, playgrounds, shopping centers and other community facilities, a crosswalk shall be provided with a pavement width of not less than six feet.   

§ 242-29.  Lot requirements. 

A.     Lot dimensions and areas shall conform to the following minimum size requirements and other applicable state regulations: 

(1)    Without water and sewer service: one acre minimum. 

(2)    With water service only: 1/2 acre minimum. 

(3)    With water and sewer service: 1/2 acre minimum.   

B.     Lot area and width adjustments. 

(1)    On a lot held in single and separate ownership at the effective date of this chapter which does not fulfill the regulations for the minimum lot area and width, a building may be erected, altered and used thereon when approved by the Board. 

(2)    Lot areas shall be increased to any size deemed necessary by reason of poor soil conditions determined by percolation tests or areas with slopes steeper than 20% grade. 

(3)    The area, width, and depth of lots shall provide adequate open space for off-street loading, unloading and/or parking area and yards. In all cases where public sewers are not available, the lot areas shall be of sufficient size to provide open areas, exclusive of parking areas or other paved areas, for a septic tank and leeching field. 

(4)    The lot areas and width specified above may be reduced by 10% when the lot is in a subdivision or land development of 20 lots or more, providing the area by which the lots are reduced is established for playgrounds, parks and open space available equally to all occupants of the subdivision or development.   

C.     The subdividing of the land shall be such that each lot is provided with direct access to a public street. Such access shall be an easement or an actual extension of the lot or property at least 20 feet in width.   

§ 242-30.  Building lines. 

A.     The required building lines shall not be less than the following: 

(1)    Front yard: 25 feet from right-of-way. 

(2)    Side yard: two side yards not less than 10 feet each. 

(3)    Rear yard: not less than 10 feet.   

B.     Building line adjustments. 

(1)    Where subsurface disposal (septic tank) is to be located on the lot and in an area adjacent to the right-of-way line, the building line or setback line shall be increased enough to provide sufficient area for the subsurface drainage field. The Planning Commission may modify setback requirements as necessary. Approval by the Pennsylvania Department of Environmental Protection shall also be required. 

(2)    Where topographic or other physical conditions dictate, the Planning Commission may increase or decrease the setback, subject to approval of the Pennsylvania Department of Environmental Protection when sewage and/or water becomes involved.     

§ 242-31.  Easements.

Easements across lots, centered on rear or side lot lines, or where necessary for lot access, utilities, watercourses, drainageways, channels or streams shall be not less than 20 feet wide. 

§ 242-32.  Parking. 

A.     Residential lots shall be provided with a minimum of two off-street parking spaces covered with either asphalt, concrete or a PennDOT-approved aggregate-wearing surface material. 

B.     All nonresidential parking areas shall be paved with an all-weather surface suitable for normal and emergency conditions as determined by the Township Engineer. 

C.     All parking lots shall be designed so as to prevent the collection of stormwater within the parking lot and to prevent damage to abutting properties and public streets from stormwater runoff.   

§ 242-33.  Sanitary sewers for major subdivisions. 

A.     The developer shall plan and construct sanitary sewers with provisions for connection to each lot in the proposed major subdivision and in cases where public sewers are planned or available within 1,000 feet of the subdivision. 

B.     Every proposed lot within a major subdivision shall be tested for septic suitability by the developer, who shall incur the expense of the testing. 

C.     Design of sanitary sewer systems shall be subject to the review and approval of appropriate county and state regulatory agencies having jurisdiction in such matters. Evidence of such review and approval shall be presented with the final plan. 

D.     Sanitary sewers shall be designed and constructed in strict accordance with the Pennsylvania Department of Environmental Protection. A copy of the approval of such system shall be submitted with the final plan. 

E.      All percolation tests shall be taken and approved by appropriate authorities before any building permit is issued. 

F.      When an applicant proposes that individual on-site sanitary sewage disposal systems shall be utilized within the subdivision, the applicant shall either install such a facility approved by the Pennsylvania Department of Environmental Protection or shall guarantee (by deed of restriction or otherwise), as a condition of the sale of each lot or parcel within the subdivision, that such facilities can be installed by the purchaser of such lot or parcel. 

G.     Where required, the applicant shall provide a community or a public sanitary sewage disposal system. The design and installation of such system shall be subject to the approval of the Township Engineer, the Planning Commission, the Board, and the Department of Environmental Protection.   

§ 242-34.  Water supply. 

A.     Adequate and potable water supply system(s) shall be installed consistent with design principles and requirements contained within this chapter and Township standards, which are the United States public health criteria for drinking water as administered by the Environmental Protection Agency Safe Drinking Water Act. 

B.     The applicant shall plan and install water mains with provisions for connection to each lot in the proposed major subdivision in all cases where a public water main is available or exists within 1,000 feet of the proposed subdivision. The developer shall also place fire hydrants along said water mains at locations approved by the local water provider and in keeping with Pennsylvania state mandates and fire-protection standards. 

C.     Where no public water supply is available to a major or minor subdivision, the Board shall require the applicant to obtain certificates of approval as to the quality and adequacy of the water supply proposed and approval of the type and construction methods to be employed on each lot within the development. If a proposed public waterline is in the future, the applicant must sign the same waiver and affidavit. 

D.     When an applicant proposes that individual on-site or off-site water supply systems shall be utilized within the subdivision, the applicant shall either install such facilities or shall guarantee (by deed of restriction or otherwise), as a condition of the sale of each lot or parcel within the subdivision, that such facilities can be installed by the purchaser of such lot or parcel. Individual on-site wells shall be subject to state standards. 

E.      Whenever necessary, the subdivision shall be provided with a complete public water supply distribution system. The design and installation of such public system shall be subject to the approval of the Township. 

F.      Documentation of a water supply adequate to serve the proposed development in low-flow and drought periods shall be provided with the application for review. 

G.     All new public and private water systems, excluding individual on-site wells, shall be designed to support fire hydrants throughout the service area. 

H.     All persons desiring to extend public water mains shall be required to enter into an extender's agreement.   

§ 242-35.  Public grounds and open spaces.

Where a proposed park, playground, school, easement or other public use shown in the Comprehensive Plan or in the opinion of the Planning Commission is necessary, the Board may require the reservation of such area within the subdivision or land development in a reasonable manner. 

§ 242-36.  Public utilities.

The utility must be installed off of the improved public road but within a road right-of-way. 

§ 242-37.  Markers. 

A.     Markers must be placed so that the scored or marked point coincides exactly with the point of intersection of lines to be marked. The pin must be level with the surface of the surrounding ground. Steel pins shall be marked on top with a plastic cap with the engineer's or surveyor's logo. 

B.     Markers must be set at: 

(1)    The exact location of all streets, street curves and street intersections. Such markers shall set the dimensions of the street to be laid out. 

(2)    The intersection of all lot lines. 

(3)    The dimensions of the tract to be developed. 

(4)    All angles in property lines of lots.   

C.     Any markers that are removed shall be accurately replaced at the expense of the person removing them.   

§ 242-38.  Flood-prone areas. 

A.     Where any excavation or grading is proposed or where any existing trees, shrubs or other vegetative cover will be removed, the applicant shall consult the Clearfield County Soil and Water Conservation District office concerning plans for erosion and sediment control and to also obtain a report on the soil characteristics of the site so that a determination can be made as to the type and degree of development the site may accommodate. 

B.     Except for a privately developed water body, subdivisions adjacent to a river, stream or other significant body of water shall adhere to the following standards: 

(1)    No building or street may be located within the area subject to the one-hundred-year-flood frequency. This area shall be designated on a flood delineation map as Zone F-1. 

(2)    Building is permitted in areas subject to less frequent occurrences of flooding, the rapid accumulation of groundwater, and mudslides, with the provision that they adhere to reasonable floodproofing standards. This area shall be designated on a flood delineation map as Zone F-2.      

ARTICLE VII

Mobile Home Parks

§ 242-39.  Applicability. 

A.     The standards set forth under this article are intended for those mobile home parks where lots within the park are for rental or lease only. 

B.     Where it is intended by the owner or developer to offer mobile home lots for sale, the development shall be treated as a regular subdivision and shall be subject to the regulations concerning the same.   

§ 242-40.  Permit requirements. 

A.     Permits. 

(1)    It shall be unlawful for any person to maintain, construct, alter, or extend any mobile home park within the limits of the Township unless he holds a permit issued by the Township. 

(2)    Applications shall be made by the owner to the Pennsylvania Department of Environmental Protection, Department of Labor and Industry, Department of Transportation, etc., when applicable. 

(3)    All mobile homes shall bear the Commonwealth of Pennsylvania's seal of approval. 

(4)    License from Pennsylvania Department of Environmental Protection a prerequisite for issuance of permit. As a prerequisite to the issuance of the permit referred to in Subsection C of this section, the applicant must have already been issued a valid license from the Pennsylvania Department of Environmental Protection.   

B.     Application for initial mobile home park permit. 

(1)    Application for development of a lot or parcel of land for mobile home park purposes shall follow the requirements and procedures of a major subdivision plan submission as described in Article IV of this chapter. 

(2)    In addition to the requirements contained within Article IV of this chapter, an application for preliminary or final approval of a mobile home park shall indicate by drawings, diagrams, maps, tests, affidavit or other legal instrument the following:  

(a)     The location and number of mobile home lots and mobile home pads on a layout map of the parcel at a scale of one inch equals not more than 50 feet.  

(b)     The location and dimension of all driveways, pedestrianways, sidewalks, and access roads with notation as to type of impervious cover.  

(c)     The location and dimension of all parking facilities.  

(d)    The location, dimension and arrangement of all areas to be devoted to lawns, buffer strips, screen planting and recreation.  

(e)     Location and dimension of all buildings existing or proposed to be built and all existing tree masses and trees of over twelve-inch caliper.  

(f)     Proposed revisions for stormwater management, sewage treatment and disposal, street and on-site lighting, water supply, and electrical supply in the form of written and diagrammatic analysis with calculations and conclusions prepared by a professional engineer licensed in Pennsylvania.  

(g)     A copy of the submitted and approved sewage facilities planning module by the Pennsylvania Department of Environmental Protection.     

C.     Issuance of initial permit. 

(1)    Upon receipt of the final plan with the recommendations of the Planning Commission attached, the Board shall review the final plan for compliance with the provisions of this chapter. 

(2)    Upon approval of the final plan by the Board and payment of all required fees by the applicant, the Board of Supervisors shall issue a mobile home park permit to the owner, which shall be valid for a period of one year from the date of issuance. 

(3)    Renewal permits shall be issued annually by the Board upon the furnishing of proof by the applicant that his park continues to meet this chapter. 

(4)    A building inspector or other Township official may inspect a mobile home park at reasonable intervals and at reasonable times to determine compliance with this chapter. 

(5)    The permit shall be conspicuously posted in the office or on the premises of the mobile home park at all times.   

D.     Compliance of preexisting mobile home parks. 

(1)    The owners of preexisting mobile home parks shall be required to submit an existing lot plan, drawn to scale, when applying for a mobile home park permit to enlarge or expand a preexisting park as required under this chapter. 

(2)    Any subsequent new construction, alteration or extension of a preexisting mobile home park shall comply with the provisions of this chapter. 

(3)    Any preexisting mobile home park which, in the opinion of the Board, creates a fire, safety, or health hazard shall be required to comply with the applicable provisions of this chapter within a reasonable period of time as determined by the Board.   

E.      Individual mobile homes. 

(1)    Individual mobile homes not located in a mobile home park shall not be required to obtain a mobile home park permit; however, they shall be required to obtain a building permit. 

(2)    Individual mobile homes shall comply with all other applicable Township ordinances and regulations that govern single-family homes.     

§ 242-41.  Development standards. 

A.     Site requirements. 

(1)    Tracts or parcels of land proposed for mobile home parks shall have a minimum area of two acres and shall not be larger than 25 acres. 

(2)    The location of all mobile home parks shall comply with the following minimum requirements:  

(a)     Free from adverse influence by swamps, marshes, garbage or rubbish disposal areas or other potential breeding places for insects or rodents.  

(b)     Not subject to flooding.  

(c)     Not subject to hazards or nuisances such as excessive noise, vibration, smoke, toxic matter, radiation or glare.     

B.     Density, dimensional and general layout requirements. 

(1)    Density.  

(a)     A mobile home lot shall have an area of not less than 4,000 square feet.  

(b)     The minimum width of a mobile home lot shall be 40 feet.  

(c)     The minimum depth of a mobile home lot shall be 100 feet or at least 40% longer than the mobile home to be placed upon it.  

(d)    Mobile homes shall be parked on each lot so that there will be a minimum of 10 feet between each of the mobile homes, their appurtenant structures, and any adjacent side or rear lot line.  

(e)     There shall be a minimum of 20 feet between an individual mobile home, its attached structure and accessory structure, and the pavement of a part street or common parking area.  

(f)     The setback from the right-of-way of any public street or highway shall be 35 feet.  

(g)     Mobile homes shall be located a minimum of 20 feet from any common building or structure.  

(h)     Secondary entranceways may utilize stoops, landings, patios, or awnings, which may extend a width of five feet within the ten-foot yard requirements.   

(2)    Every mobile home lot shall be clearly marked and shall contain driveways with unobstructed access to the park circulation system. Mobile homes shall be located so that no mobile home shall be less than 100 feet from any park boundary line abutting a public street or highway and at least 75 feet from any other park boundary line.   

C.     Soil and ground cover requirements. 

(1)    Unpaved and exposed ground surfaces in all parts of every park shall be covered and protected with a vegetative growth that is capable of preventing soil erosion and the emanation of dust during dry weather. 

(2)    Park grounds shall be maintained free of vegetative growth which is a nuisance, poisonous or harbors rodents, insects or other pests in sufficient quantities as to be harmful to man.   

D.     Areas for nonresidential use. No part of any park shall be used for any nonresidential purpose except such accessory uses that are required for direct servicing or recreational use by park residents and for the management and maintenance of the park. 

E.      Landscaping requirements. 

(1)    No portion of existing tree masses or trees with a caliper of six inches or greater shall be cleared unless it is demonstrated that such removal is necessary for the proposed mobile home park development. The owner shall make all reasonable efforts to preserve existing trees. 

(2)    Disturbed topsoil shall be stockpiled and replaced after construction. 

(3)    All landscaping requirements shall be completed within a reasonable time period established by the Board, which shall take into consideration weather and planting seasons.   

F.      Street system; street design and construction standards. 

(1)    All mobile home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each mobile home lot. Each mobile home lot shall be directly accessible from an approved internal street without the necessity of crossing any other space. Alignment and gradient shall be properly adapted to the topography. 

(2)    Access to mobile home parks shall be designed to minimize congestion and hazards at the entrance or exit and allow free movement of traffic on adjacent streets. The entrance road connecting the park streets with a public street or road shall have minimum road pavement width of 25 feet within which parking shall be prohibited. 

(3)    Internal roadways shall be of adequate width to accommodate anticipated traffic and shall be developed in accordance with § 242-23 of this chapter. 

(4)    All parks shall be furnished with lighted units spaced and equipped with luminaries placed at such mounting heights to provide for the safe movement of pedestrians and vehicles at night. 

(5)    All streets shall be covered with a smooth, hard and dense surface which shall be durable and well-drained under normal use and weather conditions. The pavement shall be constructed as set forth under § 242-23 of this chapter. 

(6)    Each mobile home lot shall have a number placed on the unit or on the lot in the form of a sign. The identifying house number shall be arranged in such a way so that it is visible from the road on which the unit or lot is fronting. Such lot numbering shall be approved by the County Emergency Management Department. 

(7)    The park needs two public accesses or a cul-de-sac or a turnaround.   

G.     Off-street parking. 

(1)    Parking spaces, at a minimum size of 10 feet by 20 feet, shall be provided to meet the needs of the park residents and their guests, without interference with normal movement of traffic. Parking spaces shall be provided at a ratio of at least two parking spaces for each mobile home lot and shall be located in adjacent parking bays. 

(2)    Off-site common parking areas may be provided in lieu of the required two parking spaces on each mobile home lot, in which case parking shall be provided at the rate of two spaces for each mobile home lot not equipped with two parking spaces. Where common parking areas are provided, they shall be located no more than 150 feet from the mobile home lots they are intended to serve. 

(3)    Additional off-street parking for vehicles of nonresidents shall be provided at the rate of one space for each two mobile home units.   

H.     Common open space. 

(1)    At least 15% of the gross area of each mobile home park, after subtraction of required buffer areas, shall be set aside as common open space for the use and enjoyment of the park residents. Such common open space shall be substantially free of structures except for those designed for recreational purposes. A minimum of 50% of the common open space shall be suitable for active recreation. 

(2)    No more than 1/2 of the common open space area may be comprised of floodplain and sloped areas in excess of 20%. 

(3)    Side yards, rear yards, seepage beds and drain fields (primary and backup), utility and maintenance easements, rights-of-way, buffer strips and setback areas shall not be included for open space calculations. 

(4)    Recreation areas shall be accessible to all park residents. 

(5)    Open space and recreation areas shall be maintained by the mobile home park operator. 

(6)    All land set aside for common open space shall be deed-restricted and so indicated on the plan of record from further development and subdivision.   

I.       Water supply. The requirements of § 242-34 of this chapter shall be applicable to any system of water supply to any mobile home park. In addition, the following requirements shall apply to all mobile home parks: 

(1)    When required by the Township, all units and structures within a mobile home park shall be connected to a public water supply system. 

(2)    A fire hydrant system shall be incorporated into the public water system where required. The standards for such system shall be in compliance with the appropriate local water company. 

(3)    In areas where there are no central waterline extensions existing or proposed, firesafety standards shall include a tanker system which is in compliance with Pennsylvania Fire Department standards.   

J.       Sanitary sewage disposal. The requirements of § 242-33 of this chapter shall be applicable to the system and facilities for sanitary sewage treatment and disposal. 

K.     Refuse disposal and pest control. 

(1)    The storage, collection and disposal of refuse in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accidents or fire hazards or air pollution and shall comply with all health regulations governing mobile home parks. Plans for refuse handling, storage and disposal shall be subject to review and approval by the Planning Commission, the Board and the Pennsylvania Department of Environmental Protection. 

(2)    Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the Pennsylvania Department of Environmental Protection regulations governing mobile home parks.   

L.      Stormwater management. The requirements of § 242-25 of this chapter shall be applicable to all mobile home parks concerning stormwater management, including storm drainage and erosion control measures. 

M.     Utilities and exterior lighting. Adequate lights shall be provided to illuminate streets, driveways and walkways for the safe movement of vehicles and pedestrians.   

§ 242-42.  Structural requirements. 

A.     Additions. No permanent addition shall be constructed onto or become part of any mobile home, unless the addition is in accordance with applicable local and state laws, regulations and ordinances pertaining to mobile home units. 

B.     Alterations. All plumbing and electrical alterations or repairs in the mobile home shall be made in accordance with applicable local and state laws, regulations and ordinances pertaining to mobile home units. 

C.     Mobile home pad. In order to safely secure a mobile home to its lot, one of the following methods shall be utilized: 

(1)    A concrete pad, properly graded, placed and compacted so as to be durable and adequate for the support of the maximum anticipated loads during all seasons and in compliance with local and state codes; or 

(2)    Pillars, pilings or piers in compliance with local and state codes.   

D.     Anchoring. 

(1)    Every mobile home placed within a mobile home park shall be anchored appropriately where it is located prior to the unit being occupied or used in any way. The anchoring system shall be designed to resist a minimum wind velocity of 90 miles per hour. 

(2)    The area of the mobile home stand shall be improved to provide an adequate foundation for the placement of the mobile home, thereby securing the super structure against uplift, sliding or rotation. 

(3)    The mobile home stand shall not heave, shift or settle unevenly under the weight of the mobile home due to frost action, inadequate drainage, vibration or other forces acting on the super structure. 

(4)    The mobile home stand shall be provided with anchors and tie-downs such as cast-in-place concrete deadmen eyelets imbedded in concrete foundations or runways, arrowhead anchors, or other devices securing the stability of the mobile home.   

E.      Stability. Each mobile home placed within a mobile home park shall, prior to occupancy or any other use, be affixed to its mobile home pad in such a way as to prevent tilting of the unit. 

F.      Skirts. Each mobile home placed within a mobile home park shall, prior to occupancy or any other use, have a skirt installed which is designed to complement the appearance of the mobile home. Skirting material shall be specifically designed for this purpose and adequately vented to allow for access to all utility connections. In no instance shall the area beneath a mobile home be used for storage. 

G.     Accessory structures. Patios, carports and other similar accessory structures shall be in compliance with all Township codes and ordinances. 

H.     Hitch. The hitch or tow bar attached to a mobile home for transport purposes shall be removed and remain removed from the mobile home when it is placed on its mobile home pad.   

§ 242-43.  Maintenance of common areas and facilities.

The operator and licensee of a mobile home park shall be responsible for maintaining all common facilities, including, but not limited to, roads, parking areas, sidewalks or pathways, common open space, water supply and sewage disposal systems, and service buildings, in a condition of proper repair and maintenance in accordance with all applicable Township codes and regulations. 

§ 242-44.  Removal of mobile homes. 

A.     No mobile home shall be removed from the Township without first obtaining a removal permit from the Township Tax Collector as required by 53 Pa.C.S.A. § 8821, Subdivision (d), Removal permits. Such permits shall be issued upon payment of real estate taxes assessed against the home and unpaid at the time the removal permit is requested.[7] 

B.     Any person who removes a mobile home from the Township without first obtaining a removal permit shall, upon summary conviction, be sentenced to pay a fine and the cost of prosecution.    

ARTICLE VIII

Administration and Enforcement

§ 242-45.  Amendments. 

A.     The Board may, from time to time, revise, modify, and amend this chapter by appropriate action taken at a scheduled public meeting and in accordance with the provisions of the "Pennsylvania Municipalities Code" (Act 247), effective January 1, 1969, as amended.[8] 

B.     Notice of the date, time and place of the public meeting, together with a brief summary setting forth the principal provisions of the proposed revisions, modifications or amendments, shall be published in one newspaper of general circulation in the Township once a week for two successive weeks in advance of such meeting.   

§ 242-46.  Modifications. 

A.     If any mandatory provisions of this chapter are shown by the applicant, to the satisfaction of the Board, to be unreasonable and cause undue hardship as they apply to the applicant's proposed subdivision or land development, the Board may grant a modification of the requirements of one or more provisions if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of this chapter is observed. 

B.     All requests for a modification shall be in writing and shall accompany and be a part of the application for development. The application shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of this chapter involved and the minimum modification necessary. 

C.     In granting modifications, the Board may impose such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified. 

D.     The Board shall refer all requests for modifications to the Planning Commission for advisory review and comments. 

E.      The Board shall keep a written record of all action on all requests for modifications.   

§ 242-47.  Request for reconsideration.

Any applicant aggrieved by a finding, decision or recommendation of the Board may request and receive opportunity to appear before the Board, present additional relevant information and request reconsideration of the original finding, decision or recommendation. 

§ 242-48.  Appeals.

The decision of the Board regarding the approval or rejection of subdivision or land development plans may be appealed to the Clearfield County Court as provided for in Act 247, the Pennsylvania Municipalities Planning Code.[9] 

§ 242-49.  Repealer.

All ordinances or resolutions or parts of ordinances and resolutions inconsistent herewith are hereby repealed. 

§ 242-50.  Records. 

A.     The Township shall assign a subdivision application number to all applications, and all matters referring to this should be tied in with and filed in accordance with the subdivision case number. The Township shall keep a record of its findings, decisions and recommendations relative to all subdivision plans filed for its review. 

B.     All such records shall be public records.   

§ 242-51.  Fees. 

A.     Subdivision and land development application fees and initial escrow deposits for plan review and processing shall be fixed by the Board by resolution. In addition to such fees and escrow deposits, all disbursements by the Township incident to plan review, approval and processing in excess of the amount required by escrow deposits, and all inspections and reinspections of construction, including but not necessarily limited to legal fees, engineering fees, inspection fees, cost of materials or site testing and any maintenance costs prior to the acceptance of improvements by the Township, shall be reimbursed. 

B.     All such reimbursements for costs expended prior to establishment of the applicant's performance guarantee shall be made prior to issuance of any permits. All such reimbursements for costs expended during construction shall be made out of escrow funds established as the performance guarantee, on a monthly basis.    

§ 242-52.  Violations and penalties.

Any person, partnership, or corporation who or which, being the owner or agent of the owner of any lot, tract or parcel of land, shall lay out, construct, open or dedicate any street, sanitary sewer, storm sewer, water main or other improvements for public use, travel or other purposes or for the common use of occupants of buildings abutting thereon or who sells, transfers or agrees or enters into an agreement of sale of any land in subdivision or land development, whether by reference to or by other use of a plat of such subdivision or land development or otherwise, or erects any building thereon, unless and until a final plat has been prepared in full compliance adopted hereunder and has been recorded as provided herein, shall be guilty of a violation of this chapter, and, upon conviction thereof, such person, or the members of such partnerships, or the officers of such corporation, or the agent of any of them, responsible for such violation, being found liable thereof in a civil enforcement proceeding commenced by the Township, shall pay a judgment not exceeding $500, plus all court costs, plus reasonable attorney fees incurred by the Township as a result thereof. Each day a violation continues shall constitute a separate violation. All fines collected for such violations shall be paid to the Township. The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided. 

§ 242-53.  Enforcement. 

A.     It shall be the duty of the Board to enforce the provisions of this chapter. In order to properly carry out this responsibility, the Board can appoint an agent and grant to the duly appointed agent the power and authority to administer and enforce the provisions of this chapter in their stead. 

B.     The agent shall be responsible to the Board and shall report periodically to them concerning the administration of this chapter, and such report shall contain all the information necessary to permit the Board to ascertain that this chapter is being administered and enforced in accordance with the law. 

C.        The agent shall require that an application for a building permit shall contain all information necessary to enable him to ascertain whether the proposed building, alteration or use is in compliance with this chapter. No building permit shall be issued until the agent has certified that the site for the proposed building, alteration or use complies with all provisions of this chapter and any other applicable regulations.                



[1].  Editor's Note: See 53 P.S. § 10101 et seq.

[2].  Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[3].  Editor's Note: See 53 P.S. § 10101 et seq.

[4].  Editor's Note: See 53 P.S. § 10101 et seq.

[5].  Editor's Note: See 36 P.S. § 670-420.

[6].  Editor's Note: See 36 P.S. § 670-420.

[7].  Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[8].  Editor's Note: See 53 P.S. § 10101 et seq.

[9].  Editor's Note: See 53 P.S. § 10101 et seq. 

 242 Attachment 6 

Township of Decatur 

Decatur Township Planning Commission

Application Fee Schedule for the

Decatur Township Subdivision and Land Development Regulations 

The filing fee is part of the application package and shall be submitted by the developer, or his/her agent, at the time the plan is delivered to the Decatur Township Planning Commission office. The Planning Commission will accept no application packages without the appropriate fee attached. 

The following fees will be required as part of the submission package beginning on the effective date of the Decatur Township Land and Subdivision Regulations: 

FEE SCHEDULE

SUBDIVISION AND LAND DEVELOPMENT 

MINOR RESIDENTIAL SUBDIVISION & LAND DEVELOPMENT 

1 TO 10 LOTS                                                                                    $150 + $25 PER LOT 

MAJOR RESIDENTIAL SUBDIVISION & LAND DEVELOPMENT 

10 + LOTS                                                                                          $250 + $25 PER LOT 

NONRESIDENTIAL SUBDIVISION 

1 TO 5 LOTS                                                                                      $200 + $25 PER LOT 

6 + LOTS                                                                                            $300 + $40 PER LOT 

NONRESIDENTIAL LAND DEVELOPMENT 

0 TO 5 ACRES                                                                                $200 + $25 PER ACRE 

6 + ACRES                                                                                      $300 + $40 PER ACRE 

REVISED NONRESIDENTIAL LAND DEVELOPMENT PLAN                                 $100 

CONDITIONAL USE                                                                               $250 

 

Special or unusual costs associated with a plan review will be the responsibility of the developer or shall be otherwise provided for by the developer.

 Chapter 256

TAXATION

[HISTORY: Adopted by the Board of Supervisors of the Township of Decatur as indicated in article histories. Amendments noted where applicable.]

ARTICLE I

Tax Certifications

[Adopted 12-10-2002 by Ord. No. 65]

§ 256-1.  Returned check fees. 

A.     Checks payable to Decatur Township. 

(1)    The Township of Decatur hereby imposes a fee of $25 per check returned by a payor bank and due to said bank's failure to honor and pay to the Township of Decatur the amount of such check. The fee detailed herein shall be assessed against the person, firm, or corporation issuing such check and as a result of the payor bank's failure to pay the same. 

(2)    The fee of $25 detailed in Subsection A(1) above may be modified, from time to time, by resolution, in the event the Township determines a need to alter the fee as initially established. 

(3)    The fee for dishonored checks payable hereunder will be for any check to any Township office or organization for any purpose, with the exception of the Township Tax Collector. 

(4)    The fee for dishonored checks payable hereunder shall be deposited in the Township's general fund.   

B.     Checks payable to Decatur Township Tax Collector. 

(1)    The Township of Decatur hereby imposes a fee of $25 per check returned by a payor bank and due to said bank's failure to honor and pay to the Decatur Township Tax Collector the amount of such check. The fee detailed herein shall be assessed against the person, firm, or corporation issuing such check and as a result of the payor bank's failure to pay the same. 

(2)    The fee of $25 detailed in Subsection B(1) above may be modified, from time to time, by resolution, in the event the Township determines a need to alter the fee as initially established. 

(3)    The fee for dishonored checks payable shall be paid to the Decatur Township Tax Collector directly.     

§ 256-2.  Fee for duplicate real estate tax statements. 

A.     Decatur Township hereby imposes a service fee of $5 to be assessed by and payable directly to the Decatur Township Tax Collector for the Tax Collector's preparation of any duplicate real estate statement. 

B.     The fee of $5 detailed in Subsection A above may be modified, from time to time, by resolution, in the event the Township determines a need to alter the fee as initially established.   

§ 256-3.  Fee for certification of real estate tax payment status. 

A.     Decatur Township hereby imposes a service fee of $15 per written certification to be assessed to each person, firm, or corporation requesting a written tax certification from the Township Tax Collector verifying the payment status of real estate taxes levied upon the owners of Township realty. 

B.     The service fee mentioned in Subsection A above shall be payable directly to the Decatur Township Tax Collector.  

C.     The service fee mentioned in Subsection A above may be modified, from time to time, by resolution, in the event the Township determines a need to alter the fee as initially established.    

ARTICLE II

Local Services Tax

[Adopted 5-13-2008 by Ord. No. 71]

§ 256-4.  Title.

This article shall be known and may be cited as the "Decatur Township Local Services Tax Ordinance." 

§ 256-5.  Definitions.

The following words and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context or language clearly indicates or requires a different meaning: 

ASSOCIATION — A partnership, limited partnership, or any other unincorporated group of two or more persons.  

BOARD — The Board of Supervisors of the Township of Decatur, Clearfield County, Pennsylvania.  

BUSINESS — An enterprise, activity, profession or any other undertaking of an unincorporated nature conducted for profit or ordinarily conducted for profit, whether by a person, partnership, association, or any other entity.  

COLLECTOR — The person, public employee or private agency designated by the Township of Decatur to collect and administer the tax herein imposed.  

CORPORATION — A corporation, joint-stock association, or nonprofit corporation, organized under the laws of the United States, the Commonwealth of Pennsylvania, or any other state, territory, or foreign country.  

CURRENT YEAR — The calendar year for which the tax is being levied.  

DCED — The Department of Community and Economic Development of the Commonwealth of Pennsylvania.  

DOMICILE — The place where one lives and has his permanent home and to which he has the intention of returning whenever he is absent. Actual residence is not necessarily domicile, for domicile is the fixed place of abode which, in the intention of the taxpayer, is permanent rather than transitory. Domicile is the place in which a man or woman voluntarily fixes the habitation of himself/herself and his/her family, not for a mere special or limited purpose, but with the present intention of making a permanent home until some event occurs to induce him/her to adopt some other permanent home. In the case of business, or associations, the domicile is that place considered as the center of business affairs and the place where its functions are discharged.  

EARNED INCOME — Compensation, as this term is defined in Section 13 (relating to earned income taxes) of the Local Tax Enabling Act, the Act of December 31, 1965, P.L. 1257, § 13, as amended, 53 P.S. § 6913, as amended.[1]  

EMPLOYER — An individual, partnership, association, limited-liability corporation, limited-liability partnership, corporation, governmental body, agency or other entity employing one or more persons on a salary, wage, commission or other compensation basis, including a self-employed person.  

HE, HIS or HIM — Indicates the singular and plural number, as well as male, female and neuter genders.  

INDIVIDUAL — Any person, male or female, engaged in any occupation, trade or profession within the corporate limits of the Township of Decatur.  

NET PROFITS — The net income from the operation of a business, profession, or other activity, as this term is defined in Section 13 (relating to earned income taxes) of the Local Tax Enabling Act, the Act of December 31, 1965, P.L. 1257, § 13, as amended, 53 P.S. § 6913, as amended.[2]  

NONRESIDENT — A person, partnership, association or other entity domiciled outside the Township of Decatur.  

OCCUPATION — Any trade, profession, business or undertaking of any type, kind or character, including services, domestic or other, carried on or performed within the corporate limits of the Township of Decatur for which compensation is charged or received, whether by means of salary, wages, commission or fees for services rendered.  

PERSON or INDIVIDUAL — A natural person.  

PRECEDING YEAR — The calendar year before the current year.  

RESIDENT — A person, partnership, association or other entity domiciled in the Township of Decatur.  

SUCCEEDING YEAR — The calendar year following the current year.  

TAX  — The local services tax at the rate fixed in § 256-6 of this article.  

TAXPAYER — A person or individual required to pay a tax on the occupational privilege.  

TAX YEAR — The period from January 1 until December 31 in any year; a calendar year.  

TOWNSHIP OF DECATUR or TOWNSHIP — The area within the corporate limits of the Township of Decatur, Clearfield County, Pennsylvania.  

§ 256-6.  Levy of tax; use of funds. 

A.     For specific revenue purposes, an annual tax is hereby levied and assessed, commencing January 1, 2009, upon the privilege of engaging in an occupation with a primary place of employment within the Township of Decatur during the tax year. Each natural person who exercises such privilege for any length of time during any tax year shall pay the tax for that year in the amount of $52, assessed on a pro rata basis, in accordance with the provisions of this article. This tax may be used solely for the following purposes, as the same may be allocated by the Board of Supervisors from time to time: 

(1)    Emergency services, which shall include emergency medical services, police services and/or fire services; 

(2)    Road construction and/or maintenance; 

(3)    Reduction of property taxes; or 

(4)    Property tax relief through implementation of a homestead and farmstead exclusion in accordance with 53 Pa.C.S.A. Chapter 85, Subchapter F (relating to homestead property exclusion).[3]   

B.     The Township shall use no less than 25% of the funds derived from the tax for emergency services. This tax is in addition to all other taxes of any kind or nature heretofore levied by the Township of Decatur. The tax shall be no more than $52 on each person for each calendar year, irrespective of the number of political subdivisions within which a person may be employed.   

§ 256-7.  Exemptions; refunds. 

A.     Exemption. Any person whose total earned income and net profits from all sources within the Township is less than $12,000 for any calendar year in which the tax is levied is exempt from the payment of the tax for that calendar year. In addition, the following persons are exempt from payment of the tax: 

(1)    Any person who has served in any war or armed conflict in which the United States was engaged and is honorably discharged or released under honorable circumstances from active service if, as a result of military service, the person is blind, paraplegic or a double or quadruple amputee or has a service-connected disability declared by the United States Veterans' Administration or its successor to be a total one-hundred-percent disability. 

(2)    Any person who serves as a member of a reserve component of the armed forces and is called to active duty at any time during the taxable year. For the purposes of this subsection, "reserve component of the armed forces" shall mean the United States Army Reserve, United States Navy Reserve, United States Marine Corps Reserve, United States Coast Guard Reserve, United States Air Force Reserve, the Pennsylvania Army National Guard or the Pennsylvania Air National Guard.   

B.     Procedure to claim exemption. 

(1)    A person seeking to claim an exemption from the local services tax shall annually file an exemption certificate with the Township and with the person's employer affirming that the person reasonably expects to receive earned income and net profits from all sources within the Township of less than $12,000 in the calendar year for which the exemption certificate is filed. In the event the Township utilizes a tax collection officer, it shall provide a copy of the exemption certificate to that officer. The exemption certificate shall have attached to it a copy of all the employee's last pay stubs or W-2 forms from employment within the Township for the year prior to the fiscal year for which the employee is requesting to be exempted from the tax. Upon receipt of the exemption certificate and until otherwise instructed by the Township or except as required by Subsection B(2), the employer shall not withhold the tax from the person during the calendar year or the remainder of the calendar year for which the exemption certificate applies. Employers shall ensure that the exemption certificate forms are readily available to employees at all times and shall furnish each new employee with a form at the time of hiring. 

(2)    With respect to a person who claimed an exemption for a given calendar year from the tax, upon notification to an employer by the person or by the Township that the person has received earned income and net profits from all sources within the Township equal to or in excess of $12,000 in that calendar year or that the person is otherwise ineligible for the tax exemption for that calendar year, or upon an employer's payment to the person of earned income within the Township in an amount equal to or in excess of $12,000 in that calendar year, an employer shall withhold the local services tax from the person under Subsection B(3). 

(3)    If a person who claimed an exemption for a given calendar year from the tax becomes subject to the tax for the calendar year under Subsection B(2), the employer shall withhold the tax for the remainder of that calendar year. The employer shall withhold from the person, for the first payroll period after receipt of the notification under Subsection B(2), a lump sum equal to the amount of tax that was not withheld from the person due to the exemption claimed by the person under this subsection, plus the per-payroll amount due for that first payroll period. The amount of tax withheld per payroll period for the remaining payroll periods in that calendar year shall be the same amount withheld for other employees. In the event the employment of a person subject to withholding of the tax under this subsection is subsequently severed in that calendar year, the person shall be liable for any outstanding balance of tax due, and the Township may pursue collection under this article. 

(4)    Except as provided in Subsection B(2), it is the intent of this subsection that employers shall not be responsible for investigating exemption certificates, monitoring tax exemption eligibility or exempting any employee from a local services tax.   

C.     Refunds. The Board of Supervisors, in consultation with the Collector and DCED, shall establish procedures for the processing of refund claims for any tax paid by any person who is eligible for exemption, which procedures shall be in accord with provisions of the general municipal law relating to refunds of overpayments and interest on overpayments.[4] Refunds made within 75 days of a refund request or 75 days after the last day the employer is required to remit the tax for the last quarter of the calendar year, whichever is later, shall not be subject to interest. No refunds shall be made for amounts overpaid in a calendar year that do not exceed $1. The Board of Supervisors or the Collector shall determine eligibility for refunds to exempt persons and provide refunds.   

§ 256-8.  Duty of employers to collect. 

A.     Each employer within the Township of Decatur, as well as those employers situated outside the Township of Decatur but who engage in business within the Township of Decatur, is hereby charged with the duty of collecting the tax from each of his employees engaged by him or performing for him within the Township of Decatur and making a return and payment thereof to the Collector. Further, each employer is hereby authorized to deduct this tax from each employee in his or her employ, whether said employee is paid by salary, wage or commission and whether or not all such services are performed within the Township of Decatur. 

B.     A person subject to the tax shall be assessed by the employer a pro rata share of the tax for each payroll period in which the person is engaging in an occupation. The pro rata share of the tax assessed on the person for a payroll period shall be determined by dividing the combined rate of the tax levied for the calendar year by the number of payroll periods established by the employer for the calendar year. For purposes of determining the pro rata share, an employer shall round down the amount of the tax collected each payroll period to the nearest one-hundredth of a dollar. Collection of the tax shall be made on a payroll-period basis for each payroll period in which the person is engaging in an occupation, except as provided in Subsection D of this section. For purposes of this paragraph, "combined rate" shall mean the aggregate annual rate of the tax levied by the school district and the Township. 

C.     No person shall be subject to the payment of the local services tax by more than one political subdivision during each payroll period. 

D.     In the case of concurrent employment, an employer shall refrain from withholding the tax if the employee provides a recent pay statement from a principal employer that includes the name of the employer, the length of the payroll period and the amount of the tax withheld and a statement from the employee that the pay statement is from the employee's principal employer and the employee will notify other employers of a change in principal place of employment within two weeks of its occurrence. The employee's statement shall be provided on the form approved by DCED. 

E.      The tax shall be no more than $52 on each person for each calendar year, irrespective of the number of political subdivisions within which a person may be employed. The Township shall provide a taxpayer a receipt of payment upon request by the taxpayer. 

F.      No employer shall be held liable for failure to withhold the tax or for the payment of the withheld tax money to the Township if the failure to withhold taxes arises from incorrect information submitted by the employee as to the employee's place or places of employment, the employee's principal office or where the employee is principally employed. Further, an employer shall not be liable for payment of the local services tax in an amount exceeding the amount withheld by the employer if the employer complies with the provisions of § 256-7B of this article and this section and remits the amount so withheld in accordance with this article. 

G.     Employers shall be required to remit the local services taxes 30 days after the end of each quarter of a calendar year.   

§ 256-9.  Returns.

Each employer shall prepare and file a return showing a computation of the tax on forms to be supplied to the employer by the Collector. If an employer fails to file the return and pay the tax, whether or not the employer makes collection thereof from the salary, wages or commissions paid by him or her to an employee, except as provided hereafter in this article, the employer shall be responsible for the payment of the tax in full as though the tax had been originally levied against the employer. 

§ 256-10.  Dates for determining tax liability and payment.

In each tax year, each employer shall use his or her employment records to determine the number of employees from whom such tax shall be deducted and paid over to the Collector on or before the 30th day following the end of each calendar quarter of each such tax year. 

§ 256-11.  Self-employed individuals.

Each self-employed individual who performs services of any type or kind or engages in any occupation or profession within a primary place of employment within the Township of Decatur shall be required to comply with this article and pay the pro rata portion of the tax due to the Collector on or before the 30th day following the end of each quarter. 

§ 256-12.  Individuals engaged in more than one occupation or employed in more than one political subdivision. 

A.     The situs of the tax shall be the place of employment on the first day the person becomes subject to the tax during each payroll period. In the event a person is engaged in more than one occupation, that is, concurrent employment, or an occupation which requires the person working in more than one political subdivision during a payroll period, the priority of claim to collect the local services tax shall be in the following order: 

(1)    First, the political subdivision in which a person maintains his or her principal office or is principally employed; 

(2)    Second, the political subdivision in which the person resides and works if the tax is levied by that political subdivision; 

(3)    Third, the political subdivision in which a person is employed and which imposes the tax nearest in miles to the person's home.   

B.     In case of dispute, a tax receipt of the taxing authority for that calendar year declaring that the taxpayer has made prior payment constitutes prima facie certification of payment to all other political subdivisions.   

§ 256-13.  Nonresidents subject to tax.

All employers and self-employed individuals residing or having their places of business outside of the Township of Decatur but who perform services of any type or kind or engage in any occupation or profession within the Township of Decatur do, by virtue thereof, agree to be bound by and subject themselves to the provisions, penalties and regulations promulgated under this article with the same force and effect as though they were residents of the Township of Decatur. Further, any individual engaged in an occupation within the Township of Decatur and an employee of a nonresidential employer may, for the purpose of this article, be considered a self-employed person, and in the event his or her tax is not paid, the Township shall have the option of proceeding against either the employer or employee for the collection of this tax as hereinafter provided. 

§ 256-14.  Administration and enforcement. 

A.     The Collector shall be appointed by resolution of the Board. It shall be the duty of the Collector to accept and receive payments of this tax and to keep a record thereof showing the amount received by him from each employer or self-employed person, together with the date the tax was received. 

B.     The Collector is hereby charged with the administration and enforcement of this article and is hereby charged and empowered, subject to Board approval, to prescribe, adopt and promulgate rules and regulations relating to any matter pertaining to the administration and enforcement of this article, including provisions for the examination of payroll records of any employer subject to this article, the examination and correction of any return made in compliance with this article and any payment alleged or found to be incorrect or as to which overpayment is claimed or found to have occurred. Any person aggrieved by any decision of the Collector shall have the right to appeal to the Court of Common Pleas of Clearfield County as in other cases provided. 

C.     The Collector is hereby authorized to examine the books and payroll records of any employer in order to verify the accuracy of any return made by an employer or, if no return was made, to ascertain the tax due. Each employer is hereby directed and required to give the Collector the means, facilities and opportunity for such examination. 

D.     As compensation for services as to the collecting of the tax and services incidental thereto, the Collector shall be paid compensation at a rate to be negotiated up to a maximum rate of 3% of the amount of tax collected. [Amended 11-19-2008]   

§ 256-15.  Suits for collection. 

A.     In the event that any tax under this article remains due or unpaid 60 days after the due dates above set forth, the Collector may sue for the recovery of any such tax due or unpaid under this article, together with interest and penalty. 

B.     If for any reason the tax is not paid when due, interest at the rate of 6% on the amount of such tax shall be calculated beginning with the due date of the tax, and a penalty of 6% shall be added to the flat rate of such tax for nonpayment thereof. Where suit is brought for the recovery of this tax or other appropriate remedy undertaken, the individual liable therefor shall, in addition, be responsible and liable for the costs of collection.   

§ 256-16.  Violations and penalties.

Whoever makes any false or untrue statement on any return required by this article or whoever refuses inspection of the books, records or accounts in his or her custody and control setting forth the number of employees subject to this tax who are in his or her employment or whoever fails or refuses to file any return required by this article shall be guilty of a violation and, upon conviction thereof, shall be sentenced to pay a fine of not more than $600, and costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than 30 days. The action to enforce the penalty herein prescribed may be instituted against any person in charge of the business of any employer who shall have failed or who refuses to file a return required by this article. 

§ 256-17.  Construal of provisions. 

A.     Nothing contained in this article shall be construed to empower the Township of Decatur to levy and collect the tax hereby imposed on any occupation not within the taxing power of the Township under the Constitution of the United States and the laws of the Commonwealth of Pennsylvania. 

B.     If the tax hereby imposed under the provisions of this article shall be held by any court of competent jurisdiction to be in violation of the Constitution of the United States or of the laws of the Commonwealth of Pennsylvania as to any individual, the decision of the court shall not affect or impair the right to impose or collect said tax or the validity of the tax so imposed on other persons or individuals as herein provided.    

ARTICLE III

Earned Income Tax

[Adopted 12-13-2011 by Ord. No. 78]

§ 256-18.  Statutory authority.

This article is hereby enacted pursuant to the authority granted by the Local Tax Enabling Act, P.L. 1257, known as "Act No. 511 of 1965," effective January 1, 1966, as amended through Act No. 166 of 2002 and Act No. 32 of 2008, 53 P.S. § 6924.101 et seq. (known as the "Local Tax Enabling Act" and herein referred to as the "Act"). 

§ 256-19.  Adoption of standards.

Act 32 (53 P.S. § 6924.101 through 53 P.S. § 6924.901) and its definitions, duties, directives, rules, regulations, powers and penalties is hereby adopted by reference as if same had been set forth fully herein. 

§ 256-20.  Definitions. 

A.     The following words and phrases are included herein when used in this article and shall have the meanings given to them in this section, unless the context clearly indicates otherwise: 

DOMICILE — The place where a person lives and has a permanent home and to which the person has the intention of returning whenever absent. Actual residence is not necessarily domicile, for domicile is the fixed place of abode, which, in the intention of the taxpayer, is permanent rather than transitory. Domicile is the voluntarily fixed place of habitation of a person, not for a mere special or limited purpose, but with the present intention of making a permanent home, until some event occurs to induce the person to adopt some other permanent home. In the case of a business, domicile is that place considered as the center of business affairs and the place where its functions are discharged.  

EARNED INCOME — The compensation as required to be reported to or as determined by the Department of Revenue under Section 303 of the Act of March 4, 1971 (P.L. 6, No. 2), known as the "Tax Reform Code of 1971,"[5] and rules and regulations promulgated under that section. Employee business expenses as reported to or determined by the Department of Revenue under Article III of the Tax Reform Code of 1971 shall constitute allowable deductions in determining earned income. The term does not include offsets for business losses. The amount of any housing allowance provided to a member of the clergy shall not be taxable as earned income.  

NET PROFITS — The net income from the operation of a business, other than a corporation, as required to be reported to or as determined by the Department of Revenue under Section 303 of the Act of March 4, 1971 (P.L. 6, No. 2), known as the "Tax Reform Code of 1971,"[6] and rules and regulations promulgated under that section.  

NONRESIDENT — A person or business domiciled outside the political subdivision levying the tax.  

RESIDENT — A person or business domiciled in the political subdivision levying the tax.  

TAX COLLECTION COMMITTEE (TCC) — The Clearfield County Tax Collection Committee established to govern this tax collection district for the purpose of income tax collection.  

TAX COLLECTION DISTRICT (TCD) — The Clearfield County Tax Collection District is established under Section 504 of Act 32.[7]  

TAX OFFICER/TAX COLLECTOR — The agency engaged to administer and collect earned income taxes for this tax collection district. Unless otherwise specifically provided, for purposes of the obligations of an employer, the term shall mean the tax officer for the tax collection district within which the employer is located, or, if an employer maintains workplaces in more than one district, the tax officer for each such district with respect to employees principally employed therein.  

B.     In addition to the above definitions, this section incorporates by reference those words, phrases and definitions as listed in Act 32 (53 P.S. § 6924.101 through 53 P.S. § 6924.901).   

§ 256-21.  Imposition of tax. 

A.     Resident tax. A tax at the rate of 1% is hereby levied on all earned income and net profits, as defined by Act 32, on residents of Decatur Township. 

B.     Nonresident tax. A tax at the rate of 1% is hereby levied on all earned income and net profits earned by nonresidents for work done or services performed or rendered in Decatur Township. 

C.     All changes shall remain in effect on a calendar-year basis without annual reenactment, unless the rate of tax is subsequently changed.   

§ 256-22.  Collection and administration.

The collection and administration of the tax provided for in this article shall be performed by the Tax Officer appointed by the Tax Collection Committee. Said Tax Officer shall receive compensation for services and expenses as determined by agreement between the TCC and the Tax Officer. The Tax Officer shall have the powers as provided by the Local Tax Enabling Act. 

§ 256-23.  Exemptions and credits.

No exemptions or credits based on age or income or any other conditions are granted by this article. Nothing in this article is intended to preclude or inhibit any credit or exemption imposed by act of law or regulation. 

§ 256-24.  Effective date; interpretation.

This article shall be effective January 1, 2012. It is the intention of the governing body of Decatur Township that this article shall provide procedural modifications only to the previously adopted Earned Income Tax Ordinance, and no gap as to imposition of the tax set forth herein should be inferred.  



[1].  Editor's Note: Section 13 of the Local Tax Enabling Act (53 P.S. § 6913) was repealed 7-2-2008 by P.L. 197, No. 32, § 17, effective 6-30-2012. For current provisions, see 53 P.S. § 6924.501 et seq.

[2].  Editor's Note: Section 13 of the Local Tax Enabling Act (53 P.S. § 6913) was repealed 7-2-2008 by P.L. 197, No. 32, § 17, effective 6-30-2012. For current provisions, see 53 P.S. § 6924.501 et seq.

[3].  Editor's Note: See 53 Pa.C.S.A. § 8581 et seq.

[4].  Editor's Note: With respect to refunds, see 53 Pa.C.S.A. § 8425; with respect to interest, see 53 Pa.C.S.A. § 8426.

[5].  Editor's Note: See 72 P.S. § 7303.

[6].  Editor's Note: See 72 P.S. § 7303.

[7].  Editor's Note: See 53 P.S. § 6924.504. 

 Chapter 270

VEHICLES AND TRAFFIC

[HISTORY: Adopted by the Board of Supervisors of the Township of Decatur as indicated in article histories. Amendments noted where applicable.]  

GENERAL REFERENCES

 Traffic Commission — See Ch. 64.

 Streets and sidewalks — See Ch. 235.  

ARTICLE I

Parking

[Adopted 7-12-1965 by Ord. No. 14]

§ 270-1.  Definitions; word usage. 

A.     As used in this article, the following terms shall have the meanings indicated: 

BRIDGES — Includes all structures of any nature whatsoever, which shall be either erected or maintained by the Supervisors of Decatur Township for the passage of vehicular or pedestrian traffic over or across any watercourse, railroad or highway cut, or any natural depression of the land where such structure shall raise the traveled portion of the roadway above the level of the land or streambed thereunder.  

ROAD — Includes all Township routes regularly laid out by the Supervisors of Decatur Township or which shall have become Township roads by reason of maintenance by the Township for a period of years or which shall have been given and dedicated to the Township by the owners of any land within the said Township and which shall be marked and shown on the Township road map on file with the Secretary of the Board of Supervisors as a Township road.  

B.     In the construction of this article, the singular shall be construed to include the plural, and the masculine shall be construed to include the feminine and neuter, and "person" shall be construed to include any individual, partnership, association, corporation or entity of any nature whatsoever.   

§ 270-2.  Prohibited acts. 

A.     From and after the effective date hereof, it shall be a violation of this article for any person, either individually or by employee or employees, to park, place or leave standing upon the right-of-way of any Township road or upon any Township bridge any motor vehicle or trailer of any kind whatsoever which is subject to licensing and inspection by the Commonwealth of Pennsylvania when such motor vehicle shall not bear a license or registration plate and inspection sticker then valid and permitting the movement of such vehicle upon the highways of the Commonwealth of Pennsylvania. 

B.     From and after the effective date hereof, it shall be a violation of this article for any person, either individually or by employee or employees, to park, place or abandon or permit to remain standing upon the right-of-way of any Township road or any Township bridge any motor vehicle, trailer, wagon or other vehicle for movement upon the highways, when such vehicle shall be in a condition that it cannot be moved under its own power or in the normal manner, provided that in an emergency caused by accident, collision or breakdown, it shall not be a violation hereof to permit such vehicle, trailer, or wagon to remain on the right-of-way of the Township road or bridge for such reasonable period of time as shall be necessary to arrange for the removal thereof from the right-of-way of said Township road or bridge. 

C.     From and after the effective date hereof, it shall be a violation of this article for any person, either individually or by employee or employees, to park or leave standing any motor vehicle, trailer, wagon or other vehicle for the transportation of persons or property in any area designated as a no-parking zone by the Supervisors of Decatur Township, as hereinafter provided.   

§ 270-3.  Establishment of no-parking zones. 

A.     The Supervisors of Decatur Township may, by resolution hereunder, establish no-parking zones wherein all parking of vehicles as hereinbefore described shall be prohibited during certain hours or at any time at such places and on such portion of the rights-of-way of Township roads or bridges as shall be necessary for the convenient movement of traffic upon such Township roads or bridges. 

B.     The Supervisors of Decatur Township may, by resolution hereunder, establish no-parking zones or limit the hours for parking upon the right-of-way of any Township road or bridge in any area where the establishment of such no-parking zones or limitation of the hours of parking shall be necessary for the maintenance of said Township road, bridge or any culverts or ditches for the drainage of such Township roads. 

C.     The Supervisors of Decatur Township may, by resolution hereunder, establish no-parking zones or limit the hours of parking upon any portion of the right-of-way of any Township road or bridge when the establishment of such no-parking zones or limitation of the hours of parking shall be necessary for the proper removal of snow from such Township road or bridge. 

D.     The Supervisors of Decatur Township may, by resolution hereunder, establish no-parking zones upon any portion of any right-of-way of any Township road or bridge where the parking of any vehicle as hereinbefore described would obstruct the view of the operators of moving vehicles or create any condition dangerous to the public. 

E.      The Supervisors of Decatur Township may, by resolution hereunder, change or remove any no-parking zone or limitation of the hours of parking established hereunder when, in the discretion of the said Supervisors, the reason for such no-parking zone or limitation of hours of parking shall have ceased to exist.   

§ 270-4.  Violations and penalties. 

A.     Upon the violation of any section of this article, the Supervisors of Decatur Township, Clearfield County, Pennsylvania, may remove, or cause to be removed, any motor vehicle, trailer, wagon or other vehicle for the transportation of persons or property from the right-of-way of any Township road or bridge if the owner or reputed owner thereof shall have failed to remove the same after 24 hours' written notice requiring such removal has been given to such owner or reputed owner by the Supervisors or at any time without notice to the owner or reputed owner where such vehicle, trailer, wagon or other vehicle for the transportation of persons or property shall have been permitted to stand or remain upon the right-of-way of any Township road or bridge for a period of three days in approximately the same location. The Supervisors of Decatur Township, Clearfield County, Pennsylvania, shall collect the cost of such removal, together with a fine or penalty not exceeding $50, from the owner or reputed owner of such vehicle, trailer, wagon or other vehicle for the transportation of persons or property, together with the cost of proceedings for such violation, and each and every day a violation of any provision of this article continues shall constitute a separate violation hereof, and such fines, penalties and costs may be imposed for every such violation.[1] 

B.     The proceedings for the violation of this article and for the collection of all costs of removal, fines and penalties or costs of proceedings imposed hereby may be commenced by warrant or by summons, and all proceedings shall be directed to and served by a Constable of the Township. Warrants and summons shall be returnable forthwith, and upon such return, like proceedings shall be had as in the case of summary conviction. 

C.     All fines and penalties for costs collected for violation of this article for the removal of vehicles hereunder shall be paid over to the Township treasury.    

ARTICLE II

Fire Lanes

[Adopted 6-12-1984 by Ord. No. 39]

§ 270-5.  Purpose.

It is hereby declared that, in order to protect the persons, traveling public, and the property within Decatur Township, it is a safety hazard to stop, stand or park any vehicle other than an emergency or authorized vehicle in a posted fire lane, except for momentary receiving or discharging of passengers, and the same is prohibited and regulated hereby for the protection of persons and property. 

§ 270-6.  Establishment.

Whenever the Chief of Police shall determine that the parking of motor vehicles on any portion of any public street or private street or shopping center or multifamily building parking lot or school is likely to interfere with the operation of the fire company's or other emergency vehicles or seriously hamper egress of occupants from the buildings in cases of fire, he shall designate such areas, in writing (including the use of maps or sketches), numbered consecutively, to the Board of Supervisors. The Board shall consider such recommendations of the Chief and shall either approve or disapprove, by motion, each of such designated locations. Once approved, each such location shall be added to a list, numbered consecutively, and maintained in the municipal offices of the Township. Such list may be modified, added to, or reduced from time to time by motion of the Board after written recommendation by said Chief. 

§ 270-7.  Marking.

Once fire lanes are established as set forth in this article, such fire lanes shall be marked under the direction of the Chief, with the responsibility for costs associated to be paid by the owner or owners of said properties where said fire lanes are located, by any one or more of the following methods: 

A.     By posting signs in such areas reading "Fire Lane No Parking." 

B.     By the painting of lines four inches in width on the road or parking surface indicating the area. 

C.     By painting the words "Fire Lane No Parking" in letters three feet in height on the roadway or parking lot surface.   

§ 270-8.  Enforcement. 

A.     It shall be the duty of the police officers of the Township, on finding any vehicle parked in violation of the provisions of this article, to report: 

(1)    The state or province license and number attached to such vehicle; 

(2)    The location and the nature of the parking violation; 

(3)    The time and date of such violation; and 

(4)    Any other relevant facts attending such violation.   

B.     On finding a vehicle in violation of the provisions of this article, such police officer shall also attach to such vehicle a notice that such vehicle was parked in violation of this article and instructing such owner or operator as to the manner in which to respond to said notice.   

§ 270-9.  Violations and penalties. 

A.     It shall be unlawful and a violation of this article for any person to stop, stand or park any vehicle other than an emergency vehicle or authorized vehicle within any fire lane, except for momentary receiving or discharging of passengers, established and set forth herein, and, upon conviction before a Magisterial District Judge, he shall be sentenced to pay a fine of not less than $10 nor more than $15, and costs of prosecution, and, in default of payment of such fine and costs, to undergo imprisonment for a period of not more than five days. The continued violation of this article for a period of more than two hours shall constitute a new and separate offense for each successive additional two-hour period. 

B.     Each owner or operator receiving such notice may, within 48 hours of the time when such notice was attached to such vehicle, pay to the Township as a penalty and in full satisfaction of such violation the sum of $10. The failure of payment being made within such forty-eight-hour period shall render such owner or operator subject to the penalties herein provided for violation of this article.     

ARTICLE III

Speed Limits

[Adopted 7-14-1998 by Ord. No. 59]

§ 270-10.  Purpose. 

A.     It is declared that the enactment of this article is necessary to establish reasonable and safe maximum speed limits on certain hereinafter-designated portions of the Decatur Township roadways by reason of the conditions of the roadways and for the protection of the traveling public and adjoining property owners from vehicles leaving the traveled portion of the roadways by reason of excess speed under such conditions. 

B.     The Commonwealth of Pennsylvania, Department of Transportation, at the request of the Township, has performed engineering and traffic studies and made certain recommendations as to maximum speed limits on the hereinafter-listed roadways.   

§ 270-11.  Maximum permitted speed limits. [Amended 6-12-2001 by Ord. No. 1; 3-12-2002[2]]

A maximum permitted speed limit is hereby fixed for the following roadways in Decatur Township:

Name of Street

Speed Limit
(mph)

Location

Baughman Cemetery Road, Township Road No. 663

25

From SR 0970 to dead end

Bucket Line Road, Township Road No. 660

35

From SR 2017 to SR 2046

Bulka Road, Township Road No. 656

35

From SR 2007 to dead end

Burge Street, Township Road No. 993

25

From SR 2016 to dead end

Chestnut Street, Township Road No. 801

35

From T804 to SR 2046

Church Street, Township Road No. 671

35

From SR 2016 to T672

Clover Street, Township Road No. 956

35

From T138 to Township line

Coal Run Road, Township Road No. 155

35

From SR 2014 to dead end

Cowfer Road, Township Road No. 153

25

From SR 2007 to SR 2014

Crago Lane, Township Road No. 188

35

From SR 2021 to T849

Decatur Hill Street, Township Road No. 678

25

From T676 to Township line

Decatur Hill Street, Township Road No. 678

35

From SR 0322 to SR 2024

Decatur Hill Street, Township Road No. 678

35

From SR 0322 to T676

Dinky Road, Township Road No. 667

25

From 676 to dead end

Dinky Road, Township Road No. 667

35

From SR 2016 to SR 2018

Doran Road, Township Road No. 849

35

From SR 0053 to SR 2021

Estep Lane, Township Road No. 809

25

From SR 0970 to dead end

Fairview Road, Township Road No. 662

35

From SR 0970 to T664

First Avenue, Township Road No. 661

25

From SR 2046 to dead end

Gigs Lane, Township Road No. 994

35

From SR 2046 to T802

Graham Station Road, Township Road No. 676

25

From SR 2024 to T675

Graham Station Road, Township Road No. 676

35

From T678 to T805

Hale Street, Township Road No. 915

25

From SR 2046 to Township line

Hollow Road, Township Road No. 659

25

From 0.66 mile from SR 2014 to Township line

Hollow Road, Township Road No. 659

35

From SR 2014 for 0.66 mile

Horseshoe Curve Road, Township Road No. 848

35

From SR 2007 to SR 2007

Horton Street, Township Road No. 669

35

From SR 0053 to T680

Hudson Street, Township Road No. 680

35

From SR 2016 to SR 0053

Irvin Drive

25

For a distance of 1,370.7 linear feet beginning 174 feet south of the intersection of Irvin Drive with State Route 322 and proceeding south past Decatur Village

Irvin Drive, Township Road No. 138

35

From SR 0322 to SR 2018

Johnson Road, Township Road No. 244

35

From SR 2016 to SR 0053

Jones Road, Township Road No. 135

25

From T680 to dead end

Koleski Club Road, Township Road No. 996

25

From SR 2046 to dead end

Lingle Street, Township Road No. 690

35

From SR 0053 to Township line

Logan Road, Township Road No. 665

25

From T666 to T662

Logan Road, Township Road No. 665

35

From SR 2019 to T666

Martin Road, Township Road No. 657

30

From SR 2007 to Township line

McClarren Road, Township Road No. 670

35

From SR 2007 to Boggs Township line

Mease Road, Township Road No. 655

25

From SR 2012 to 0.5 mile from SR 2014

Mease Road, Township Road No. 655

35

From SR 2014 for 0.5 Mile

Perks Street, Township Road No. 673

35

From SR 2016 to T956

Petes Road, Township Road No. 666

35

From SR 0219 to T666

Pine Street, Township Road No. 674

25

From SR 2016 to T673

Pumpkin Hollow Road, Township Road No. 658

25

From T657 to dead end

Reams Road, Township Road No. 126

35

From SR 2017 to dead end

Richner Road, Township Road No. 153

25

From SR 2007 to dead end

Scaife Street, Township Road No. 922

35

From SR 0053 to T680

Scott Lane, Township Road No. 668

35

From SR 0053 to SR 0053

Second Street, Township Road No. 803

35

From SR 0970 to T660

Short Street, Township Road No. 806

25

From SR 2046 to Township line

Spruce Street, Township Road No. 802

35

From SR 0970 to SR 2046

Stumptown Road, Township Road No. 664

35

From SR 0053 to T662

Summit Lane, Township Road No. 154

25

From SR 0053 to T664

Sustrick Road, Township Road No. 805

25

From T676 to Township line

Taylor Street, Township Road No. 672

35

From SR 2016 to dead end

Third Street, Township Road No. 804

35

From SR 2046 to T660

Voyzey Road, Township Road No. 997

35

From SR 2021 to dead end

Waring Road, Township Road No. 675

25

From T676 to dead end

Winters Road, Township Road No. 932

25

From T690 to dead end

Wood Street, Township Road No. 125

25

From SR 2016 to dead end

             

    

§ 270-12.  Violations and penalties.

Any person operating a motor vehicle of any kind upon the hereinbefore-designated portions of Decatur Township roadways in violation of the speed limits hereinbefore set forth is guilty of a violation hereunder and shall be subject to the penalties of the Motor Vehicle Code of the Commonwealth of Pennsylvania[3] for such offense.    

ARTICLE IV

Weight Limits

[Adopted 7-14-1998 by Ord. No. 60]

§ 270-13.  Purpose. 

A.     It is declared that the enactment of this article is necessary by reason of the deterioration of the road surfaces caused by usage from age, exposure to the elements and normal wear in order to prevent further destruction or serious damage to the roadways and to avoid any safety hazards which could result from such destruction or damage. 

B.     The Commonwealth of Pennsylvania, Department of Transportation, at the request of the Township, has performed engineering studies and made certain recommendations as to appropriate weight restrictions on the hereinafter listed roadways.   

§ 270-14.  Restrictions; exception. 

A.     A weight restriction of 10 tons of 2,000 pounds each is hereby imposed on the following roadways of Decatur Township:[4] 

Name of Street

Location

Baughman Cemetery Road, Township Road No. 663

From SR 0970 to dead end

Bucket Line Road, Township Road No. 660

From SR 2017 to SR 2046

Bulka Road, Township Road No. 656

From SR 2007 to dead end

Burge Street, Township Road No. 993

From SR 2016 to dead end

Chestnut Street, Township Road No. 801

From T804 to SR 2046

Church Street, Township Road No. 671

From SR 2016 to T672

Coal Run Road, Township Road No. 155

From SR 2014 to dead end

Cowfer Road, Township Road No. 569

From SR 2007 to SR 2014

Crago Lane, Township Road No. 188

From SR 2021 to T849

Decatur Hill Street, Township Road No. 678

From SR 0322 to SR 2024

Decatur Hill Street, Township Road No. 678

From SR 0322 to T676

Decatur Hill Street, Township Road No. 678

From T676 to Township line

Dinky Road, Township Road No. 667

From SR 2018 to SR 2016

Doran Road, Township Road No. 849

From SR 0053 to SR 2021

Estep Lane, Township Road No. 809

From SR 0970 to dead end

Fairview Road, Township Road No. 662

From SR 0970 to T664

First Avenue, Township Road No. 661

From SR 2046 to dead end

Fourth Street, Township Road No. 956

From T138 to Township line

Gigs Lane, Township Road No. 994

From SR 2046 to T803

Graham Station Road, Township Road No. 676

From SR 2024 to T675

Graham Station Road, Township Road No. 676

From T678 to T805

Hale Street, Township Road No. 915

From SR 2046 to Township line

Hollow Road, Township Road No. 659

From SR 2014 to Township line

Horseshoe Curve Road, Township Road No. 848

From SR 2007 to SR 2007

Horton Street, Township Road No. 669

From SR 0053 to T680

Hudson Street, Township Road No. 680

From SR 2016 to SR 0053

Irvin Drive, Township Road No. 138

From SR 2018 to SR 0322

Johnson Road, Township Road No. 244

From SR 2016 to SR 0053

Jones Road, Township Road No. 135

From T668 to dead end

Koleski Club Road, Township Road No. 996

From SR 2046 to dead end

Lingle Street, Township Road No. 690

From SR 0053 to Township line

Logan Road, Township Road No. 665

From SR 2019 to T662

Martin Road, Township Road No. 657

From SR 2007 to Township line

McClarren Road, Township Road No. 670

From SR 2007 to Boggs Township line

Mease Road, Township Road No. 655

From SR 2012 to SR 2014

Perks Street, Township Road No. 673

From T956 to SR 2016

Petes Road, Township Road No. 666

From SR 2019 to T665

Pine Street, Township Road No. 674

From SR 2016 to T673

Pumpkin Hollow Road, Township Road No. 658

From T657 to dead end

Rader Road, Township Road No. 677

From T676 to dead end

Reams Road, Township Road No. 126

From SR 2017 to dead end

Richner Road, Township Road No. 153

From SR 2007 to dead end

Scaife Street, Township Road No. 922

From SR 0053 to T680

Scott Lane, Township Road No. 668

From SR 0053 to SR 0053

Second Street, Township Road No. 803

From SR 0970 to T660

Short Street, Township Road No. 806

From SR 2046 to Township line

Spruce Street, Township Road No. 802

From SR 0970 to SR 2046

Stumptown Road, Township Road No. 664

From SR 0053 to T662

Summit Lane, Township Road No. 154

From SR 0053 to T664

Sustrick Road, Township Road No. 805

From T676 to Township line

Taylor Street, Township Road No. 672

From SR 2016 to dead end

Third Street, Township Road No. 804

From SR 2046 to T660

Voyzey Road, Township Road No. 997

From SR 2021 to dead end

Waring Road, Township Road No. 675

From T676 to dead end

Winters Road, Township Road No. 932

From T670 to dead end

Wood Street, Township Road No. 125

From SR 2016 to dead end

    

B.     The movement of vehicles of a weight in excess of the restriction provided in Subsection A hereof is prohibited, except upon the user obtaining a permit for the movement of such excess weight vehicles as hereinafter provided, unless the vehicle qualifies for an exemption hereunder.   

§ 270-15.  Exemptions.

School buses, emergency vehicles and vehicles making local deliveries or pickups shall be exempt from the weight restriction hereinbefore set forth. 

§ 270-16.  Permits. 

A.     Any individual, association, corporation or other entity, hereinafter referred to as "user," desiring movement of vehicles of a weight in excess of the restriction herein imposed over the hereinbefore-designated roadways for the transportation of material of any nature by the user and regardless of whether such transportation shall be in vehicles of the user or vehicles of any third party shall obtain a permit from the Decatur Township Supervisors for such movement of vehicles in excess of the restriction imposed herein, which permit shall be issued upon the signing of an agreement between the user and the Decatur Township Supervisors setting forth in reasonable detail the conditions of the permit and method of enforcement thereof or proceeding upon violation of the conditions and identifying the surety to be furnished therewith. 

B.     Where items of any nature are being transported to, from or on behalf of the user in vehicles in excess of the restrictions imposed on the hereinbefore-designated roadways, movement of such vehicles, regardless of ownership, shall be allowed under the permit of the user. 

C.     Any person, association, corporation or other entity desiring a limited number of trips for the movement of vehicles of a weight in excess of the restrictions imposed over the hereinbefore-designated roadways shall obtain from the Decatur Township Supervisors a limited permit, which shall be issued upon a written agreement between the user and the Decatur Township Supervisors limiting the number of trips and setting forth the conditions of such permit and the undertaking, security or surety bond to be given by user to compensate for any damage to said roadways by movement of vehicles thereunder. 

D.     All permits or limited permits granted hereunder shall clearly specify the term during which movement of vehicles in excess of the restriction hereinbefore imposed upon the designated roadway shall be permitted. 

E.      All permits or limited permits granted hereunder shall be revocable or suspended for violation of the terms of such permit, the failure of the undertaking, security or surety bond furnished therewith or other cause.   

§ 270-17.  Violations and penalties. 

A.     Any person, association, corporation or other entity moving, causing to be moved or operating a vehicle or combination upon the designated roadways in violation of the weight restriction and prohibitions imposed hereunder shall be guilty of a violation of this article and shall be subject to the penalties of the Motor Vehicle Code of the Commonwealth of Pennsylvania for such offense. 

B.        Any person, association, corporation or entity operating or causing to be operated upon the hereinbefore-designated roadways a vehicle or combination in violation of the conditions of any permit or limited permits shall be subject to the suspension or revocation of such permit and forfeiture of the undertaking, security or surety bond furnished by the user in the manner set forth in the permit agreement. 

[1].  Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[2].  Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[3].  Editor's Note: See 75 Pa.C.S.A. § 101 et seq.

[4].  Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). 

 Chapter 283

WATER

[HISTORY: Adopted by the Board of Supervisors of the Township of Decatur as indicated in article histories. Amendments noted where applicable.]  

GENERAL REFERENCES

 Floodplain management — See Ch. 130.

 Sewers — See Ch. 210.  

ARTICLE I

Use of Water System

[Adopted 6-9-1992 by Ord. No. 49]

§ 283-1.  Definitions.

Unless the context specifically and clearly indicates otherwise, the meanings of the terms and phrases used in this article shall be as follows: 

IMPROVED PROPERTY — Any property located within the Township upon which there is erected a structure intended for continuous or periodic 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 — Decatur Township, Clearfield 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 SUPPLIER — Any company or entity, whether public or private, who shall construct and/or operate a water system within the Township with the approval of the Township. There may be more than one water supplier providing service within the Township.  

WATER SYSTEM — All facilities, as of any particular time, for providing, transporting and supplying water for human use and consumption, situate in or adjacent to the Township, owned by, leased to or under contract or agreement with the Township for operation and use.  

§ 283-2.  Connection required; exemption; notice. 

A.     The owner of any improved property located within the Township and accessible to and whose house, principal building or occupied structure is within 150 feet from a waterline which is presently being constructed or which shall be constructed in the future or any new house, principal building or occupied structure which shall be constructed within 150 feet of an existing waterline 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 Township or its designated water supplier from time to time. 

B.     Those industries and farms who have their own supply of water for uses other than human consumption shall be exempt from said connection requirement. 

C.     The notice by the Township to make connection to the water system referred to in Subsection A shall be given by the Township Supervisors in writing and shall be served upon the owner either by personal service or by registered mail or by such other methods as shall be permitted by law.   

§ 283-3.  Permit requirements; tapping fee; connection standards. 

A.     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 Township or its designated water supplier and paying a tapping fee, if any. 

B.     Application for a permit required under Subsection A shall be made by the owner of the improved property served or to be served or by a person authorized by the owner of the improved property to make such application to the Township or its designated water supplier. 

C.     A tapping fee may be set by the Township by resolution for each connection with the water system. The amount of said fee and to whom it shall be paid shall be determined based upon agreement between the Township and the particular water supplier, which information shall be set forth in the resolution. Said fee must be paid at the time application for a permit is made. 

D.     All connections to the water system must be done in accordance with the specifications, plans and procedures established by the designated water supplier. 

E.      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: 

(1)    Such person shall have notified this Township or its designated water supplier of the desire and intention to connect such improved property to the water system. 

(2)    Such person shall have applied for and obtained a permit as required by Subsections A and B. 

(3)    Such person shall pay the tapping fee as required by Subsections A and C. 

(4)    Such person shall have furnished any information required by the Township or its designated water supplier prior to connections and received any necessary approvals from the water supplier. 

(5)    Such person shall have given the Township or its designated water supplier at least 24 hours' notice of the time when such connection will be made so that the Township or its designated water supplier 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. No water connection line shall be covered or in any way concealed until after it has been inspected and approved.   

F.      Except as otherwise provided in this Subsection F, 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 Township or its designated water supplier, in writing, shall have been secured, and subject to such rules, regulations and conditions as may be prescribed by the Township or its designated water supplier.   

§ 283-4.  Enforcement; violations and penalties. 

A.     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 § 283-2A, the Township Supervisors or their agents may enter upon such property and construct such connection. 

B.     In such case, the Township Supervisors shall, upon completion of the work, send an itemized bill of the costs of construction of such connection to the owner of the property to which connection has been made, which bill shall be payable forthwith. 

C.     In case of neglect or refusal by the owner of such improved property to pay said bill within six months of the date of completion of construction of said connection, the Township Supervisors shall, within said period, file a municipal lien for said construction, which shall be subject in all respects to the general law providing for the filing and recovery of municipal liens. 

D.     Every person who shall violate this article shall be liable, upon summary conviction for a first offense and upon subsequent conviction for each subsequent offense, to a fine of not less than $100 nor more than $1,000, together with costs of prosecution in each case. Each day that a violation shall continue shall be deemed and shall be taken to be a separate offense and shall be punishable as such.   

§ 283-5.  Inspections; liability; owner responsibilities. 

A.     The Township or its designated water supplier 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 Township or its designated water supplier through the water system. 

B.     The Township shall not be liable for a deficiency or failure of service when occasioned by an emergency, required repairs or for any cause beyond its control. The Township reserves the right to restrict the use of the water system whenever the public welfare may require it. 

C.     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 Township or its designated water supplier for such purpose. 

D.     The owner shall indemnify and save harmless the Township from any loss or damage directly or indirectly caused by or arising out of installation and/or connection on the improved property.   

§ 283-6.  Additional rules and regulations.

The Township reserves the right to adopt, by resolution, from time to time additional rules and regulations as it shall deem necessary and proper relating to connections with the water system.