This chapter shall be known and may be cited
as the "Soil Erosion, Sedimentation and Grading Control Ordinance,"
implementing Title 25, Rules and Regulations, Part I, Commonwealth
of Pennsylvania, Department of Environmental Protection, Subpart C,
Protection of Natural Resources, Article II, Water Resources, Chapter
102, Erosion Control.
The purposes of this chapter are to regulate
the modification of the natural terrain, the alteration of drainage,
and to provide for certain erosion and sediment control measures within
the Township to assure and safeguard health, safety, ecology and the
general welfare in the Township.
From and after the effective date of this chapter, any subdivision and/or land development approved under the Subdivision and Land Development (Chapter
215) or Zoning (Chapter
250) Ordinances, or activity qualified under §§
142-5 and
142-6 of this chapter shall be in conformity with this chapter. In the event of a conflict between this chapter and floodplain regulations, the floodplain regulations shall take precedence.
As used in this chapter, the following terms
shall have the meanings indicated, unless a different meaning clearly
appears from the context:
ALLUVIAL SOILS
An agonal great group of soils, developed from transported
and relatively recently deposited material (alluvium), characterized
by a weak modification (or none) of the original material by soil-forming
processes.
CUT AND/OR FILL
Process of earthmoving by excavating part of an area and/or
using excavated material for embankments or fill areas.
EROSION
A.
The wearing away of the land surface by running
water, wind, ice, chemical or other geological agents.
B.
Detachment and movement of soil or rock fragments
by water, wind, ice or gravity.
GRADE
A.
The slope of a road, channel or natural ground.
B.
The finished surface of a canal bed, roadbed,
top of embankment or bottom of excavation; any surface prepared for
the support of construction like paving or laying a conduit.
C.
To finish the surface of a canal bed, roadbed,
top of embankment or bottom or excavation.
RUNOFF (HYDRAULICS)
That portion of the precipitation on a drainage area or watershed
that is discharged from the area in stream channels; types include
surface runoff, groundwater runoff or seepage.
SEDIMENT
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of origin by
air, water, gravity or ice and has come to rest on the earth's surface
either above or below sea level.
SLOPE
Degree of deviation of a surface from the horizontal usually
expressed in percent or degrees.
SOIL DRAINAGE
A condition of the soil, referring to the frequency and duration
of periods when the soil is free of saturation.
WATERCOURSE
A natural drainage route or channel for the flow of water.
Whenever the landscape is to be permanently
disturbed as to either contours, soil or slope characteristics, or
vegetation or any ground cover is to be permanently removed, a plan
is required showing how resulting erosion and sediment shall be controlled.
This plan shall include the following:
A. The amount of site alteration proposed.
C. Erosion and sediment control practices (both temporary
and permanent) and the operation and maintenance arrangements.
The following activities require a grading permit:
A. Modifying, disturbing, blocking, diverting or otherwise
adversely affecting the natural overland or subsurface flow of stormwater.
B. Construction, erection or installation of any drainage
dam, ditch, culvert, drain pipe, bridge or any other structure or
obstruction affecting the drainage of any premises.
C. Paving, filling, stripping, excavating, grading or
regrading of any land.
D. Disturbing the landscape, vegetation or any ground
cover by any proposal involving an area in excess of 5,000 square
feet.
The following activities require no grading
permit:
A. Improvements, such as erection of retaining walls,
driveway paving, minor regrading or activities on a property which
do not adversely affect the natural overland or subsurface flow of
stormwater, drainage of any premises, or adversely disturb the landscape,
in a gross area of up to 25 acres on any one property.
B. Farming, gardening or lawn restoration, but not including
sod farming.
The plan for a grading permit shall include:
A. A valid boundary line survey of the site on which
the work is to be performed.
B. A description of the features, existing and proposed,
surrounding the site which are of importance to the proposed development.
C. A plan of the general topography (including drainage)
and soil conditions on the site (latter available through the County
Conservation District).
D. The location and a description of existing and future
man-made features of importance to the proposed development (i.e.,
cuts and/or fills, buildings, roads and driveways).
E. Plans and specifications of soil erosion and sediment
control measures in accordance with standards and specifications of
the Township and the County Conservation District.
F. A development schedule indicating the anticipated
starting and completion dates of the development sequence and the
time of exposure of each area prior to the completion of effective
erosion and sediment control measures.
In addition to the requirements of §
142-9, and where deemed necessary by the Township Engineer and the Planning Commission or the Board of Commissioners, the applicant shall submit with the plan a detailed drainage study prepared by a registered professional engineer qualified in hydrology in the commonwealth. This study shall include:
A. A plan of the property showing the location of all
present and proposed ditches, streams, pipes and other drainage structures
and proposed cuts and/or fills. In addition to showing present elevations
and dimensions and location and extent of all proposed grading and/or
drainage, the plan shall clearly indicate all woodlands, buildings,
parking areas and driveways. Further, the plan shall indicate the
present and proposed sources, storage and disposition of water being
channeled through or across the premises, together with elevations,
gradients and maximum flow rates. The plan shall describe the work
to be performed and disposition of cut and/or fill; the materials
to be used; and the manner or method of performance including provision
for protecting and maintaining existing drainage facilities whether
on public or private property. The applicant shall also supply the
supporting data for the plan as developed by the engineer.
B. Calculations to determine runoff, which shall be based
on the Soil-Cover-Complex Method, a description of which is available
from the USDA Natural Resources Conservation Service and outlined
in the Erosion and Sediment Control Handbook, Montgomery County, Pennsylvania.
(1) The design criteria for storm sewer piping on inlet
systems within a subdivision being developed shall be designed for
a twenty-five-year frequency storm; culverts across roadways shall
be designed for a fifty-year frequency storm; open watercourses or
swales shall be designed for a one-hundred-year frequency storm, as
prescribed in accordance with the following:
(a)
The coefficient of runoff used for all areas
upstream of any drainage structure shall be computed on the basis
of existing land use and the projected land use described and shown
on the Township Comprehensive Plan and adjacent municipalities' comprehensive
plans, where applicable.
(2) The following provisions apply to the carrying and
disposal of stormwater runoff:
(a)
All drainage facilities shall be designed to
carry surface water in such a manner as to prevent erosion or overflow.
(b)
The applicant shall agree to the granting and
recording of easements covering the installation and maintenance of
drainage facilities.
(c)
The rate of runoff shall be no greater during
and after a one-hundred-year frequency storm when the development
is completed than that which existed before the development began
and appropriate measurements or calculations shall be provided to
verify such provisions.
(3) A soils investigation report, if load-bearing fill
is proposed, which shall consist of test borings, laboratory testings
and engineering analysis to correlate surface and subsurface conditions
with the proposed grading plan. The results of the investigation shall
be presented in a report by a registered professional soils engineer
and shall include data regarding the nature, distribution and supporting
ability of existing soils and rocks on the site, conclusions and recommendations
to ensure stable soil conditions and groundwater control as applicable.
The Township may require such supplemental reports and data as is
deemed necessary by the Township Engineer. Recommendations included
in such reports and approved by the Township Engineer shall be incorporated
in the plan or specifications. In addition:
(a)
Fills toeing out on natural slopes steeper than
four horizontal to one vertical shall not be made unless a report
is received which is deemed acceptable by the Township Engineer and
approved by the Board of Commissioners. The report shall be made by
a registered professional soils engineer certifying that he has investigated
the property, made soils tests and that in his opinion such steeper
slopes will safely support the proposed fill.
(b)
Natural and/or existing slopes exceeding five
horizontal to one vertical shall be benched or continuously stepped
into competent materials prior to placing all classes of fill.
Upon the approval of the plan by the Township
Engineer, the Township Manager shall issue the necessary grading permit.
Permittees shall bear all costs of inspections
required or permitted hereunder and shall deposit with the Township
such sum as the Board of Commissioners shall determine to guarantee
payment of the costs of such inspections. The costs of inspections
shall be in accordance with the established schedule of fees and collection
procedures for matters pertaining to this chapter.
The fee for a grading permit shall be fixed
by the Board of Commissioners pursuant to resolution.
Any person, firm or corporation who shall violate
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000 plus costs and, in default of
payment, to undergo imprisonment for a term not exceeding 30 days.
Each day that a violation of this chapter continues shall constitute
a separate offense.
In addition to the penalties as set forth in §
142-16, any movement of the landscape, vegetation or any ground cover performed in violation of this chapter shall be restored to its previous condition, including replacement of excavated earth, removal of illegally placed fill and restoration of grades and planting. In order to enforce this section, the Township Solicitor may seek injunctive relief in accordance with the Rules of Civil Procedure.