[Ord. 261, 9/17/2007]
This Part shall be known and may be cited as the "Soil Erosion,
Sedimentation and Grading Control Ordinance," implementing Title 25,
Pa. Code, Rules and Regulations, Part I, Commonwealth of Pennsylvania,
Department of Environmental Resources, Subpart C, Protection of Natural
Resources, Article II, Water Resources, Chapter 102, "Erosion Control,"
as well as provisions of Act 167, Stormwater Management Act, 32 P.S.
§ 680.1 et seq., Article V of the Municipalities Planning
Code (MPC), 53 P.S. § 10101 et seq., and the Second Class
Township Code, 53 P.S. § 65101 et seq.
[Ord. 261, 9/17/2007]
From and after the effective date of this Part, any subdivision and/or land development approved under the Township's Subdivision and Land Development Ordinance [Chapter
22] and/or Zoning Ordinance, or any activity requiring a permit under §
9-105, Subsection
1, herein shall be in conformity with this Part. In the event of a conflict between this Part and any other statute, ordinance, or regulation, the strictest statute, ordinance, or regulation shall take precedence.
[Ord. 261, 9/17/2007]
Unless specifically defined below, words and phrases used in this Part shall be interpreted to have common English usage, to give effect to the purposes set forth in §
9-102, Subsection
2, above, and to provide reasonable application of this Part and are to be used for this Part only. As used in this Part, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
ALLUVIAL SOILS
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.
BEDROCK
The solid, undisturbed rock in place either at the ground
surface or beneath surface soil deposits.
BEST MANAGEMENT PRACTICES
Procedures and measures pertaining to earth disturbances/construction
activities that are intended to minimize water pollution; increase
water quality; retain valuable topsoil; prevent erosion and sedimentation;
and control rate of runoff from storm events.
BORROW PIT
An open pit from which soil is excavated as a single incident
for use at a single construction site.
CUT
The removal of soil or rock from its natural or predevelopment
location.
DEVELOPMENT
Any subdivision or land development or any alteration of
land not for agricultural or conservation purposes that includes earthmoving,
cutting, filling or stripping including, but not limited to, road
construction, utility installation - public or private, residential,
commercial or industrial facility construction, mining and quarrying
and water resource management.
EARTHMOVING
Any activity by which soil or bedrock is cut into, quarried,
displaced, relocated, or used as fill.
EROSION
The wearing away of soil, bedrock, or land surface by water,
wind, ice, chemical or other natural forces.
EROSION AND SEDIMENT CONTROL PLAN
A plan prepared by a Pennsylvania licensed engineer or registered
architect indicating the specific measures and sequencing to be used
in controlling sediment and erosion on a development site both during
and after construction.
EXISTING GRADE
The vertical elevation of the ground surface prior to earthmoving.
FILL
Material, exclusive of structures, placed or deposited so
as to form an embankment or raise the surface elevation of any portion
of the land.
FINISHED GRADE
The final vertical elevation of the ground after development.
GRADE
(1)
The slope of a road, channel, or natural ground.
(2)
The finished surface of a roadbed, top of embankment, or bottom
of excavation; any surface prepared for the support of construction
like paving or laying a conduit.
(3)
To finish the surface of a roadbed, top of embankment, or bottom
of excavation.
GRADING PERMIT
The permit required to be issued prior to the disturbance
of the topography and vegetation of land in connection with the conduct
of activities regulated by this Part.
NATURAL GROUND SURFACE
The ground surface in its original state before any earthmoving
or stripping of vegetation.
OPEN PIT MINING
The continuing or recurring removal of material from below
the ground surface by open excavation.
PARCEL
All contiguous land under single and separate ownership.
PERMANENT VEGETATION
Ground cover establishing a 75% vegetated cover to control
soil erosion satisfactorily and to survive severe weather conditions.
PERMITTEE
Any person to whom a grading permit is issued or to whom
a site plan approval is granted.
PERSON
Any individual, association, trust, partnership or corporation,
including any members, directors, officers, employees, partners or
principals thereof. Whenever used in any clause prescribing and imposing
a penalty, person includes the members, trustees, partners, directors,
officers, managers and supervisors, or any of them, of partnerships,
associations, corporations or other form of entity.
RUNOFF (HYDRAULICS)
That portion of irrigation water, rainfall, snowmelt, or
other precipitation upon a drainage area or watershed that is discharged
from the area in watercourses, sheet flows, absorption, etc. Types
of runoff include surface runoff, groundwater runoff, and seepage.
SEDIMENT
Solid material, both mineral and organic, that is in suspension
in; is being transported by; 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.
SEDIMENTATION
The process by which mineral or organic material is deposited
by the movement of water.
SITE
A parcel or parcels of land intended to have one or more
buildings or intended to be subdivided into two or more lots.
SLOPE
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. Slopes are expressed
in a percentage based upon vertical distance in feet per 100 feet
of horizontal distance.
SOIL
All earth material of whatever origin that overlies bedrock.
SOIL DRAINAGE
A condition of the soil, referring to the frequency and duration
of periods when the soil is free of saturation.
STRIPPING
Any activity which removes the vegetative surface cover,
including tree removal; and the clearing and storage or removal of
topsoil.
TEMPORARY STREAM CROSSING
A temporary structural span installed across a flowing watercourse
for use by construction traffic. Such structures include, but are
not limited to, bridges, round pipes and pipe arches and must meet
all local, county, state, and federal requirements.
TOPOGRAPHY
The physical features of a site, place or region.
VEGETATION
The plants located on a site or in an area or region.
[Ord. 261, 9/17/2007]
Before the issuance of a grading permit for a project that exceeds 1,000 square feet in area of disturbance, the applicant shall deposit with the Township financial security in a form approved by the Township in an amount sufficient to cover the cost of all erosion and sedimentation control measures and other conditions specified in the permit within the time specified by this Part, or within any extension thereof granted by the Township Engineer. The amount of such financial security shall be equal to 110% of the cost of the work for which the security has been provided. The form of financial security, the method of cost calculation and the release of the posted security shall be in conformity with those provisions set forth in the Township Subdivision and Land Development Ordinance [Chapter
22] with respect to public improvement guaranties.
[Ord. 261, 9/17/2007]
Every grading permit issued hereunder shall expire at the end
of 12 months from the date of issuance. The permittee shall fully
perform and complete all the work required to be done within the time
limit specified in the permit. If the permittee shall be unable to
complete the work within the specified time, he shall, within 30 days
prior to expiration of the permit, present in writing to the Township,
a request for an extension of time, setting forth therein the reasons
for the requested extension. If, in the discretion of the Township
Engineer, such an extension is warranted, the Engineer may grant additional
time for the completion of the work. Where the Township Engineer determines
that the extension of time will require a substantial modification
of the erosion and sedimentation control plan and/or grading plan,
any extension of a permit shall be subject to approval of such revised
plans in accordance with the applicable procedure of this Part.