[HISTORY: Adopted by the Board of Supervisors of Lehigh Township 9-8-2009 by Ord. No.
2009-5. Amendments noted where applicable.]
The name of the chapter shall be the "Lehigh Township Earth
Disturbance Ordinance."
A.
Earth moving and grading, including, but not limited to, removal
of vegetation and/or changes in topography are activities regulated
by this chapter. This shall also include septic activities relating
to four-year fills or similar activities.
[Amended 10-11-2016 by Ord. No. 2016-5]
B.
Earth moving and grading activities shall be subject to the requirement of State Soil Erosion and Sediment Pollution Control Regulations, the Township Zoning Ordinance (Chapter 180), the Township Subdivision and Land Development Ordinance (Chapter 147), the Township Floodplain Ordinance (Chapter 83), the Township Stormwater Management Ordinance (Chapter 138), and the Act 167 Ordinance (Ordinance No. 2007-4[1]), whether or not it is regulated by the chapter.
[1]
Editor's Note: This ordinance, adopted 4-24-2007, is on file
in the Township offices.
C.
A grading permit shall be required pursuant to this chapter except
in the following circumstances:
(1)
Earth disturbance for the purposes of normally recurring agricultural
operations, gardening and topsoil preparation for planting of grass
or other vegetative groundcover; or
(2)
Earth disturbance for the purposes of residential accessory structures,
residential accessory uses, or general grading/earth disturbance on
residential lots, where it can be demonstrated to the satisfaction
of the Zoning Officer that the aggregate area to be stripped of vegetation
at any one time does not exceed the following criteria:
[Amended 10-11-2016 by Ord. No. 2016-5]
(a)
One thousand square feet; or
(b)
One thousand five hundred square feet for lots smaller than
one acre in size when the earth disturbance is no closer than 20 feet
to a lot line, top of bank of any stream or watercourse, wetland,
riparian corridor or slope greater than 15%.
(c)
Two thousand square feet for lots of one acre in size or larger,
but smaller than three acres in size when the earth disturbance is
no closer than 50 feet to a lot line, top of bank of any stream or
watercourse, wetland, riparian corridor, or slope greater than 15%.
(d)
Four thousand square feet for lots of three acres in size or
larger, but smaller than five acres when the earth disturbance is
no closer than 50 feet to a lot line, top of bank of any stream or
watercourse, wetland, riparian corridor, or slope greater than 15%.
(4)
Earth disturbance for single-family dwellings on lots over one acre
in size, provided that it can be demonstrated to the satisfaction
of the Zoning Officer that no part of the proposed limit of disturbance
exceeds 10% slope and the aggregate area of disturbance is less than
3,000 square feet, and the limit of disturbance is no closer than
50 feet to a lot line, top of bank of any stream or watercourse, wetland,
or riparian corridor.
[Amended 10-11-2016 by Ord. No. 2016-5]
(5)
Earth disturbance necessary for the construction or repair of public
utilities, public facilities, and/or roads by public agencies and/or
Public Utility Commission-regulated utility companies.
(6)
General site grading being performed in accordance with the approved grading plan for a subdivision or land development. Any variation of the approved grading plan, and/or the development of individual lots, in the opinion of the Zoning Officer, and not excepted by § 70-2 of this chapter, shall require the review and approval of a revised grading plan and/or an approved grading plan for each individual lot.
[Amended 10-11-2016 by Ord. No. 2016-5]
(7)
Earth disturbance necessary for the construction of aboveground swimming
pools.
(8)
The discharge of stormwater roof drains, sump pump drains, and any
other stormwater outlet pipe or structure to the surface of the ground,
provided that the outlet is located at least 25 feet from the property
line and a standard splash pad or apron shall be provided to disperse
the flow.
(9)
Earth
disturbance for the sole purpose of the installation of a permitted
septic system.
[Added 10-11-2016 by Ord.
No. 2016-5]
Except as provided in § 70-2, it shall be unlawful for any person, firm, or corporation to undertake any of the following activities without first securing a permit:
A.
To remove vegetated ground cover or improved ground cover;
B.
To cut, fill, or change the existing grade of any land;
C.
To disturb, modify, block, divert or affect the existing overland
or subsurface flow of stormwater; or
D.
To construct, erect or install any dam, ditch, culvert, drain pipe,
bridge or any other obstruction affecting the drainage of any property,
or portion thereof.
A.
Whenever any proposed activity requires a building and/or driveway
permit, no such building permit or driveway permit shall be issued
unless the permit required hereunder has been issued. The plans and
applications required herein may be combined, when applicable, with
plans and application materials submitted for building and/or driveway
permits.
B.
The definition of terms used shall be the definition used by the
Township in the Township Zoning Ordinance, Township Stormwater Management
Ordinance, Township Subdivision and Land Development Ordinance, and
Township Floodplain Management Ordinance, except as specifically defined
or described herein.
A.
Any person, firm, or corporation proposing to engage in activity
requiring a permit hereunder shall apply for a permit by written application
which shall include the applicant's agreement to comply with the applicant's
plans and supporting documents and this chapter, upon issuance of
the permit.
B.
The applicant shall consult the Lehigh Township Zoning Ordinance (Chapter 180), Subdivision and Land Development Ordinance (Chapter 147), FloodPlain Ordinances (Chapter 83) and Township Stormwater Management Ordinance (Chapter 138) as prepared, and as may be amended, which govern the development of land and land use within the Township prior to making application for a permit under the chapter.
C.
A separate application shall be required for each earth disturbance
operation. Four copies of all the documents referred to below shall
be submitted with each application. The application forms submitted
shall consist of the forms provided by the Township together with
the required fees. All applications shall be submitted to the Township
Zoning Officer who shall retain one for Township records and forward
two copies of all documents to the Township Engineers for initial
plan review.
[Amended 2-9-2021 by Ord. No. 2021-1]
D.
The Board of Supervisors of Lehigh Township shall determine the fees
for such permits, from time to time, by resolution.
E.
Any application for an earth disturbance permit shall be accompanied
by a plan showing the following:
(1)
A topographic survey plan of the site, at a suitable scale of no
less than one inch equals 50 feet and contour interval of no more
than two feet zero inches, prepared by a registered professional land
surveyor or registered professional engineer, including a boundary
line survey, the location and description of vegetative cover, the
general location of all major trees (as defined by the Township Zoning
Ordinance) and any other pertinent existing natural or man-made features.
Interpolated contours from United States Geological Survey maps or
any other similar source are not acceptable. The plan size shall be
a minimum of 8 1/2 inches by 14 inches.
(2)
This topographic survey plan shall also show existing rights-of-way
and easements.
(3)
A site improvement and grading plan of the same size and scale as in Subsection E(1) hereof, showing and describing all changes to the site, including final contours, structures, paving, waste disposal systems, and wells. This improvement and grading information may be combined on the topographic survey when all information can be clearly and legibly shown.
(a)
This site improvement and grading plan shall show (on one or
more plans) the following:
[1]
Existing and ultimate rights-of-way and easements.
[2]
One-hundred-year floodplain limit and elevation and riparian
corridors or buffers.
[3]
The limits of trees, woodland, and vegetation to be removed.
Plans should identify the age and general condition of woodland areas
(i.e., successional growth, mixed deciduous, coniferous, etc.).
[Amended 10-11-2016 by Ord. No. 2016-5]
[4]
Portions of the property sloped 15% to 20%, 20% to 30%, and
steeper than 30%, along with sufficient information pertaining to
required steep slope disturbance ratios and associated areas, and
proposed areas of disturbance to document compliance with the Township
Slope Zoning Ordinance.[1]
[Amended 10-11-2016 by Ord. No. 2016-5]
[5]
Watercourses, ponds, lakes, vernal ponds, and wetlands (if any).
[6]
Existing and proposed stormwater management facilities. If new
stormwater management facilities are proposed, the engineering calculations
used to design those facilities shall also be provided.
[7]
The design location and grading associated with any proposed
on lot sewage disposal system.
[8]
The area reserved for providing a replacement on lot sewage
disposal system (if required).
[9]
Landscape buffers or screens.
[10]
Any upstream watershed draining onto the property, with a clear
description of how stormwater runoff from the upstream watershed will
be accommodated.
[12]
Limits and amounts of existing and proposed impervious cover
with coverage ratios.
[13]
Existing and Proposed downspouts and sump pump discharge points.
(b)
Incidental improvements such as mailboxes, electric, or telephone
boxes do not need to be shown.
(4)
A written description of soil erosion and sedimentation control measures
(with appropriate plans and specifications), in accordance with Section
44 of Chapter 102, 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, which shall be in conformity with the standards
and specifications of the Lehigh Township Ordinances.
(5)
If the proposed activity requires the submission and implementation
of a stormwater management plan in accordance with the Township Stormwater
Management Ordinance, such plan and supporting calculations shall
be prepared by a registered professional engineer and shall be submitted
with this application for the earth disturbance permit.
(6)
A time schedule stating the anticipated starting and completion dates of the development sequence, the expected date of completion of construction of each of the measures referred to in Subsection E(4) herein, and the time of exposure of each area prior to the completion of such measures.
(7)
If the
proposed limit of disturbance for an activity is 25,000 square feet
or larger, the erosion and sediment pollution control plan shall be
submitted to the Northampton County Conservation District for review
and approval. Activities with a proposed limit of disturbance less
than 25,000 square feet will be reviewed by the Township Engineer.
[Added 10-11-2016 by Ord.
No. 2016-5]
F.
The site plans required herein shall also be prepared to demonstrate
all salient features of the property and other specific requirements
of other ordinances and regulations of the Township, if applicable,
that include but are not limited to:
A.
It is recognized that earth disturbance creates risks of runoff and
soil erosion damage. This chapter establishes guidelines for reducing
these risks, but in all cases the property owner and their designers,
agents, and contractors shall be responsible for any damage directly
or indirectly caused by any activity regulated by this chapter.
B.
The public is hereby notified that the Township, Township employees,
and Township consultants undertake no responsibility for loss of property,
loss of life or personal injury due to activities regulated by this
chapter, even if all regulations and ordinances of the Township are
followed.
The following provisions apply for all activity governed by
the provisions of this chapter:
A.
All drainage facilities proposed shall be designed in accordance
with the Township Stormwater Management Ordinance.
B.
Lots shall be graded to secure proper drainage away from buildings
and, to the extent possible, away from street areas, except streets
where curbs, storm sewer piping system, or roadside swales exist.
C.
All drainage provisions shall be designed to efficiently carry surface
waters to the nearest street (if curbs, adequately sized storm sewer
piping system or swales exist), storm drain, or natural watercourse.
If the aforementioned facilities do not exist, then in that event,
stormwater shall be evenly dispersed over the lot so as to best promote
infiltration of stormwater into the ground within the boundaries of
the subject lot and to minimize impacts to adjacent properties and
roads. The design shall clearly indicate how this will be achieved.
D.
The permittee shall construct and/or install such drainage structures
and/or pipes which are necessary to prevent erosion damage and to
satisfactorily manage surface waters in accordance with 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. Any drainage
system not operating as planned shall be corrected at the expense
of the applicant.
E.
No person, firm, or corporation shall modify, fill, excavate, or
regrade the land in any manner as to endanger or damage any adjoining
public street, sidewalk, alley, or any other public or private property
without protecting such property from settling, cracking, erosion,
sediment, stormwater pooling, or other physical damage or personal
injury which might result. Such activity without such protection will
constitute a violation punishable by the provisions of this chapter.
F.
No person, firm, or corporation shall deposit or place any debris
or 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.
G.
Stockpiled topsoil shall be protected from erosion.
H.
All disturbed areas shall be seeded, sodded, and/or planted or otherwise
protected from erosion within 60 days of ground breaking, and shall
be watered, tendered, and maintained until growth is well established.
If state regulations require a shorter time, the shorter time shall
be required.
I.
All permanent grading shall be designed and undertaken to meet the
following criteria:
(1)
Provide positive surface drainage away from on-site sewage disposal
systems; and
(2)
Provide positive surface drainage away from buildings and structures
(except for structures designed for acceptance of that drainage);
and
(3)
Provide that no cutting or filling, either temporarily or permanently,
shall be allowed to occur within five feet of any property line, except
at locations where specific grading and/or drainage easements exist
for the purposes of such grading, and/or is shown on a grading plan
approved as part of a subdivision of lots.
J.
The permittee shall limit stormwater runoff rate and concentration
from the subject lot to other lands in a manner that will minimize
risk of damage to downstream property owners in accordance with the
Township Stormwater Management Ordinance.
K.
The existing points of concentrated or sheet flow drainage discharge
onto adjacent property receiving stormwater runoff from a watershed
of 2,500 square feet or more shall not be altered without written
approval of the affected property owner(s).
(1)
If the developer verifies that they have made reasonable attempts
to secure such approval and verifies that such approval will not be
granted by the affected property owner(s), the Township Board of Supervisors
may waive this requirement with the receipt of the following documentation:
(a)
Documentation of the developer's request for affected owner's
approval.
(b)
Documentation from the developer's engineer certifying that
the alterations proposed will not adversely affect the downstream
property owner.
(c)
An indemnification and hold-harmless agreement from the developer
proposed as a covenant running with the land.
(2)
All such documentation must be provided to the satisfaction of the
Township Board of Supervisors.
A.
The Township shall review and approve earth disturbance applications
and plans on the form provided by the Township for that purpose. No
earth disturbance permit, building permit, or driveway permit shall
be issued by the Township until such time as an earth disturbance
application and plans have been found to be acceptable to the Township.
Furthermore, no certificate of occupancy permit shall be issued by
the Township until such time as the Township Zoning Officer determines
that all earth disturbance has been completed in general conformity
with the approved site improvement and grading plan.
B.
In all cases, the permittee shall be required to undertake all earth-moving
and grading activities in accordance with this chapter and the approved
site improvement and grading plan, whether or not inspection by the
Township is provided and whether or not a certificate of occupancy
is issued.
A.
The permittee is responsible for any property damage or personal
injury caused by activity authorized by the permit.
B.
No person, firm, or corporation shall modify, fill, excavate, pave,
or grade land in any manner as to endanger or damage public or private
property, or to cause physical damage or personal injury. All precautions
will be taken to prevent any damage to adjoining streets, sidewalks,
buildings, and other structures which could be caused by settling,
cracking, erosion or sediment.
C.
No person, firm, or corporation shall fail to adequately maintain
in good operating order any stormwater management facility on its
premises. All watercourses, drainage ditches, culverts, drainpipes,
structures, and other stormwater management facilities shall be kept
open and operating at all times.
D.
The owner, from time to time, of any property on which any work has
been done pursuant to a permit issued under this chapter shall continuously
maintain and repair all graded surface and anti-erosion devices such
as retaining walls, drainage structures or means, plants and ground
cover, installed or completed.
E.
The permittee shall make adequate provision for dust control.
F.
All plans and specifications accompanying any permit application
shall include provisions for both temporary and permanent grading
and stabilization.
G.
The installation and maintenance of erosion and sediment pollution control measures shall be accomplished in accordance with standards and specifications established by the Northampton County Conservation District and Lehigh Township Zoning Ordinance § 180-47.
H.
The issuance of an earth disturbance permit shall not negate the
owner and/or permittee's responsibility for obtaining any other permits
or approvals from any agency, including Lehigh Township, which may
have jurisdiction over any aspect of the project.
I.
Property corners are to be set prior to final inspection.
A.
Inspections by the Township shall be conducted as determined necessary
by the Township.
[Amended 2-9-2021 by Ord. No. 2021-1]
B.
If the construction of a building or structure is occurring immediately
after the initial earth-moving and grading activity, no excavation
for footings shall commence until after the building permit approval;
immediately following construction of the foundation wall, and prior
to the erection of the superstructure of any building, the permittee
shall provide the Township with three copies of a foundation location
and elevation survey bearing a certification from the permittee's
licensed engineer or surveyor indicating compliance with the approved
plan; and no further construction above the foundation wall will be
permitted until the Township has issued approval of the aforementioned
foundation plan.
C.
A final inspection shall be conducted by the Township to verify compliance
with this chapter.
[Amended 2-9-2021 by Ord. No. 2021-1]
D.
In all cases, however, the permittee shall be required to undertake
all earth-moving and grading activities in accordance with this chapter
and the approved site improvement and grading plan, whether or not
inspection by the Township is provided. As-built plans shall be required
prior to the issuance of a certificate of occupancy if the owner or
permittee is seeking any change to the approved site improvement and
grading plan.
E.
When weather conditions or time of year prevent the permittee from
completing all earth-moving and grading activities prior to a request
for an occupancy permit, the Township, on a case-by-case basis, may
issue a temporary occupancy permit upon satisfaction of all of the
following criteria:
(1)
All final earth-moving and soil stabilization that can be completed
is completed;
(2)
Temporary soil erosion and sediment pollution control facilities
are properly installed and in good repair;
(3)
Temporary seeding and mulching of disturbed areas is complete;
(4)
The owner provides an agreement to the satisfaction of the Township
Solicitor to guarantee completion of the earth disturbance within
six months of the date of the agreement.
Any permit issued under this chapter may be revoked or suspended
by the Township after notice by the Township for:
A.
Failure to carry out the soil erosion control or stormwater control
measures described in the application documents and/or failure to
satisfy the provisions of the earth-moving and grading and restoration
time schedule described in the application documents or within such
reasonable extensions as may be granted by the Township.
B.
Violation of any other condition of the permits.
C.
Violation of any provision of this chapter or any other applicable
law, ordinance, rule, or regulation relating to the work; or
D.
Existence of any condition or the doing of any act constituting or
creating a nuisance, hazard, or endangering human life or the property
of others.
A.
The provisions of this chapter are intended as minimum standards
for the protection of public health, safety, welfare or the residents
and inhabitants of the Township. The Planning Commission may grant
a modification of the requirements of one or more provisions of this
chapter if the Planning Commission concludes that the literal enforcement
will exact undue hardship because of peculiar conditions pertaining
to the land in question, provided that such modifications will not
be contrary to the public interest and that the purpose and intent
of this chapter is observed. Financial hardship alone shall not be
sufficient justification for granting such modification.
B.
All requests for a modification shall be in writing to the Planning
Commission. The request shall state in full the grounds and facts
of unreasonableness or hardship on which the request is based, the
provision or provisions and the minimum modification necessary.
C.
The requested modification shall represent the least modification
to address the hardship.
D.
All such modification requests shall be approved or disapproved by
the Planning Commission. A written record of the action shall be kept
for all modification requests.
A.
If the Township authorities determine that a violation exists, a
notice of violation shall be issued. Unless the violation is determined
by the Township to require immediate correction, the property owner
shall have 30 days to bring the property into compliance with this
chapter. During this period of time the property owner shall not conduct
any activity on the property until proposed corrective measures have
been approved by the appropriate Township authorities. If, after 30
days from the date of receipt of the thirty-day notice of violation,
the violation has not been corrected, the Township may proceed with
enforcement of the Ordinance as set forth below.
B.
In the case of any paving, filling, stripping, grading or regrading;
any disturbing, modifying, blocking, or diverting the overland or
subsurface flow or stormwater; or any construction, erection, and
installation of any dam, ditch, culvert, drainpipe, bridge, or any
other structure or obstruction affecting the drainage of any premises,
in violation of this chapter, or any regulations made pursuant hereto,
the proper Township authorities, in addition to other remedies provided
by law, may institute any appropriate action or proceedings against
the permittee and/or owner to prevent such unlawful activities; to
restrain, correct or abate such violations; to prevent the use of
the applicable premises; to prevent any illegal act, conduct of business
or use in or about such premises. In addition, upon a violation of
this chapter without a permit and/or upon the failure of any permit
holder to complete the control measures specified in an approved application,
the Township may, after revoking such permit, proceed to complete
such measures itself, and recover the cost thereof from the permitee
and/or owner.
For any and every violation of the provisions of this chapter,
the permittee, owner, agent, or contractor where such violation has
been committed or shall exist; the lessee or tenant of an entire building
or entire premises where such violation has been committed or shall
exist; the permittee, owner, agent, contractor, lessee or tenant or
any part of a building or premises in which part such violation has
been committed or shall exist; and the permittee, owner, agent, architect,
contractor or any other person who knowingly commits, takes part,
or assists in any such violation or who maintains any building or
premises in which any such violation exists; shall be liable on conviction
thereof before a District Justice to pay a fine or penalty not to
exceed $1,000 for each and every offense. Any such enforcement action
shall be brought before a District Justice in the same manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure. Whenever such person, or persons, shall have
been notified by the Township Zoning Officer, Township Engineer, or
the Township Board of Supervisors, or the Township Solicitor, by service
of a complaint in a prosecution, or by registered mail, that a violation
of this chapter is being committed, each day's continuance of such
violation after such notification shall constitute a separate offense
punishable by a like fine or penalty. Such fines and penalties shall
be collected as like fines or penalties are now collected by law.
