The objectives of this article are as follows:
A. To regulate stormwater runoff, erosion and sedimentation
to protect and preserve surface waters and groundwaters of the Township
and to protect the health, safety and general welfare of Township
residents.
B. To maintain or improve year-round flows and water
quality in all streams and watercourses of the Township.
C. To control runoff, erosion and sedimentation through
measures that are on site or situated as close as possible to where
stormwater falls on the land.
The requirements of the Willistown Township Soil Erosion and Sedimentation Control Ordinance (Chapter
109 of this Code) shall be complied with, as well as the regulations outlined in Chapter 102, Erosion Control, of the PA DEP, which compliance shall include but not be limited to the following provisions, and, to the extent that the following provisions may exceed the requirements of the aforesaid ordinance, the following provisions shall control:
A. Prior to the approval of any grading plan by Willistown
Township, a conservation plan (erosion and sediment control plan component)
must be submitted to and approved by the Township and, if the disturbed
area exceeds one acre, also to the County Conservation District. Applicants
are encouraged to incorporate the concepts of conservation design
and low-impact development, as discussed in Appendix D of this chapter, into site grading and control plans.
Such concepts reduce costly cutting, filling and compaction and provide
positive opportunities for infiltration of stormwater and control
of erosion.
B. The owner shall not modify, fill, excavate or regrade
land in any manner so close to a property line as to endanger or damage
any adjoining public street, sidewalk, alley or any other public or
private property without supporting and protecting such property from
settling, cracking, erosion, sediment or other physical damage or
personal injury which might result.
C. The owner shall not deposit or place any debris or
any other material whatsoever or cause such to be thrown or placed
in any drainage ditch or drainage structure in such a manner as to
obstruct free flow.
D. All plans and specifications accompanying applications
shall include provisions for both interim (temporary) and ultimate
(permanent) erosion and sediment control in accordance with applicable
Township, county and state laws and regulations. In the case of any
structure, basin or other device required in connection with ultimate
(permanent) erosion and sediment control, provisions shall be made
for the permanent maintenance of any such structure, basin or other
device.
E. Cuts or fills may be made in a subdivision or land
development or individual site only under the following conditions:
(1) The finished slope of a cut shall not exceed one foot
vertical to two feet horizontal, and the finished slope of fill shall
not exceed one foot vertical to three feet horizontal (depending on
soil types), and such slope is immediately stabilized with temporary
and permanent grasses, other vegetation and mulching as required.
(2) Where the face of a cut is stone, the cut may exceed
one in two if the Township Engineer determines that the rock face
will not be subject to erosion and constitute a safety hazard.
(3) For any slope exceeding one foot vertical to two feet
horizontal which does not consist of stable rock fill, the Township
Engineer shall require retaining walls or terraces appropriate to
the degree of hazard.
(4) No fill shall be permitted within any wetlands area
or within 20 feet of a stream bank except for the construction of
a road crossing. (It is further understood that Township floodplain
regulations and PA DEP's wetlands and encroachment regulations may
further restrict such fills.)
(5) Natural and existing slopes exceeding one foot vertical
to five feet horizontal shall be benched or continuously stepped into
competent materials where vertical cut exceeds 10 feet prior to placing
all classes of fill.
(6) Fills toeing out on natural slopes steeper than one
foot vertical to four feet horizontal shall not be made, unless approved
by the Township after receipt of a report, deemed acceptable by the
Township Engineer, by a soil engineer certifying that he has investigated
the property and made soil tests and that, in his opinion, such steeper
slopes will safely support the proposed fill. Costs for such investigation
and report shall be borne by the developer.
F. A construction vehicle entrance shall be provided
where an access driveway or future road intersects an existing public
right-of-way. The construction entrance shall consist of AASHTO No.
1 stone placed on a suitable geotextile fabric which extends a minimum
length of 50 feet and a minimum width of 20 feet. The entrance shall
be installed prior to the start of any earthmoving activities.
G. All cut or fill areas shall, within 15 days of completing
the cut or fill operation, be brought to final grade and stabilized
with temporary or permanent grasses or other materials appropriate
to the time of disturbance and the site conditions.
H. Whenever fill is added, vegetation is stripped or
no established vegetation exists on slopes exceeding 8%, the Township
Engineer may require the installation of temporary diversion channels
and berms above and below unstabilized areas at intervals appropriate
to the percentage slope. In designing such diversions, consideration
in locating them should be given to their usefulness in controlling
sediment from areas to be excavated later for structures and to their
potential conversion to permanent diversion or detention facilities.
Care shall be taken to avoid destruction of trees and shrubs when
designing and installing these facilities. Discharge from the channels
shall be directed to detention basins unless the stormwater design
allows for the runoff to bypass the proposed drainage facility.
All activities involving the removal of topsoil from a site or grading thereto shall be in conformance with Article
II, Conservation Practices, §
73-8.
All activities involving land disturbance, whether
or not a plan is prepared or a permit obtained in accordance with
this article, shall be consistent with the following performance standards:
A. 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 sedimentation control
measures which effectively prevent accelerated erosion and sedimentation.
B. In order to prevent accelerated erosion and resulting
sedimentation, land disturbance activities related to construction
(including but not limited to construction of buildings and other
structures) and to paving activities shall be conducted only in conformance
with the following principles:
(1) Prior to the period of earthmoving and, in the case
of subdivisions or land developments, prior to the completion of roads,
parking areas, buildings and other improvements and the establishment
of vegetation or soil stabilization measures, appropriate facilities
shall be installed to ensure the following:
(a)
There shall be no discharge of sediment or other
solid materials from the site as a result of stormwater runoff.
(b)
During the period of earthmoving, peak discharges and discharge volumes from the site shall comply with Article
VIII, Stormwater Management, §
73-37A and
B, and, where applicable, Article
VIII, §
73-37C, with the following exception and additions:
[1]
Any person conducting a business or personal
venture involving periodic or regular earthmoving (quarrying, topsoil
removal, etc., but not exempted agricultural operations) shall calculate
runoff for facility design based upon runoff before earthmoving and
runoff during the maximum period of exposure.
[2]
Wherever soils, topography or other conditions
suggest substantial erosion potential during subdivision and land
development or earthmoving, the Township as recommended by the Township
Engineer may require that the entire volume of a two-year storm be
retained on site or that special sediment-trapping facilities be installed.
(2) No earthmoving or stripping of vegetation shall be
conducted in areas of greater than 25% slope unless specific approval
is obtained from the Board of Supervisors after having consulted with
the Township Engineer.
(3) Earthmoving and the addition of fill will be minimized to preserve the natural features and existing topography and shall be conducted in accordance with §§
73-44 and
73-50.
(4) Stripping of vegetation, regrading or other development
shall be done in such a way that will minimize erosion.
(5) To the maximum extent practical, natural vegetation
shall not be removed, except as provided in this chapter, in the approved
final subdivision or land development plan or on the zoning permit.
The stockpiling of soil over the roots of trees to be preserved is
prohibited within the dripline of the tree. Applicants are encouraged
to incorporate the concepts of minimum disturbance/minimum maintenance
as part of other erosion and sedimentation measures.
(6) The amount of disturbed area and the duration of exposure
shall be kept to a practical minimum.
(7) The permanent (final) vegetative and structural erosion
control and drainage measures shall be installed as soon as practical.
(8) Sediment in runoff water shall be trapped and periodically removed in accordance with §
73-49D through means approved by the Township Engineer to assure adequate capacity in the basins or traps.
(9) Soils or geologic formations with water supply potential
shall be protected from the use of fill containing any material which
represents a potential contamination hazard to groundwater.
(10)
All reasonable measures shall be taken to protect
the flow of natural springs from being directly or indirectly affected
by land grading or other site improvements.
(11)
Procedures for protecting vegetation and topsoil during construction activities shall be established as outlined in Article
II, Conservation Practices.
(12)
Such other requirements or exceptions as are
consistent with these terms in the foregoing principles may be imposed
or allowed by the Township Engineer.
C. To prevent accelerated erosion and resulting sedimentation,
land disturbance activities relating to logging and woodcutting operations
shall be conducted only in conformance with the following principles:
(1) Logging and woodcutting operations. All logging or
woodcutting operations conducted with or prior to a land development
shall be conducted only in conformance with the following principles
and standards:
(a)
Stumps, ground cover and root mat must be left
intact until land development plans are approved and erosion and sedimentation
control facilities are installed.
(b)
Methods for removal of logs and the removal
routes shall be specified in a plan, approved by the Township Engineer,
and shall not include traversing slopes which exceed 20% at more than
the minimum gradient possible.
(c)
On slopes of 10% to 15%, logging will involve
the cutting or removal of less than 1/3 of even-aged and noncontiguous
trees.
(d)
On slopes exceeding 25%, logging and woodcutting
shall be by specific approval of the Board of Supervisors and shall
be limited to highly selected removal of trees. Maximum precautions
shall be taken to avoid destruction or injury of understory brush
and trees.
D. Protection of adjacent property.
(1) If, in the opinion of the Township Engineer, the nature
of the earthmoving is such as to create a hazard to life or property
if not adequately safeguarded, the applicant shall construct walls,
fences, guardrails or other structures as required to safeguard the
public street, sidewalk, alley or other public property and persons.
(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 right-of-way
or any public property.
(3) No person shall, when hauling soils, bedrock or other
material over any public street, road, alley or public property, allow
such material to blow or spill over and upon such street, road, alley
or public property or adjacent private property.
(4) If any soil, bedrock or other material or water or
liquid is caused to be deposited upon or to roll, flow or wash upon
any public property or right-of-way in violation of the above subsections,
the Township shall cause such removal and the cost of such removal
shall be paid to Willistown Township by the person who failed to so
remove the material and shall be a debt due the Township. The cost
of such removal shall be a lien on all property and all rights to
property, real or personal, of any person liable to pay the same from
and after the time said cost is due and payable. The cost of such
removal shall be collected in the manner of said taxes or from escrow
funds established for the land development activity.
E. Notwithstanding the objectives, provisions and requirements
of this chapter and those of all other applicable federal, state,
county or Township regulations, all persons directly or indirectly
involved in earthmoving activities must comply with all current applicable
regulations regarding erosion and sediment control and are liable
for damages to property of others where said damages are a result
of those earthmoving activities.