The purpose of this chapter is to regulate modification
of natural terrain and alteration of drainage by providing for certain
runoff, erosion and sediment control measures within East Goshen Township
(the "Township") to protect public health, safety and welfare. This
chapter shall be known and may be cited as the "East Goshen Township
Soil Erosion, Sedimentation and Grading Control Ordinance." It implements
Title 25, 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.
The following definitions shall apply
to this chapter:
BEDROCK
The solid, undisturbed rock in place either at the ground
surface or beneath surficial soil deposits.
BORROW PIT
An open pit from which soil is excavated as a single incident
for use at a single construction site.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
[Amended 12-1-1998 by Ord. No. 129]
EARTHMOVING
Any act by which soil or bedrock is cut into, quarried, displaced
or relocated.
EROSION
The process by which soil and bedrock are worn away by the
action of wind, water and climate.
EXISTING GRADE
The vertical elevation of the ground surface prior to earthmoving
or filling.
FILL
A deposit of soil or other materials placed by man.
FINISHED GRADE
The final vertical elevation of the ground after development.
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 chapter.
ONE-HUNDRED-YEAR STORM
A rainfall event that statistically has a one peercent chance
of occurrence in any given year. Each year begins with the same one-percent
chance that a one-hundred-year event will occur.
[Added 3-18-2003 by Ord. No. 129-D-03]
OPEN-PIT MINING
The continuing or recurring removal of material from below
the ground surface by open excavation.
PERSON
Any individual, corporation, partnership, joint venture,
agency, unincorporated association, municipal corporation or agency
within the State of Pennsylvania or any combination thereof.
SEDIMENT
Earth and rock in suspension in water or settled out of water
as a deposit on land or beds of bodies of water.
SITE
Any lot or parcel of land or combination of contiguous lots
or parcels of land under one ownership where earthmoving, filling
or stripping is, was or will be performed.
SOIL
All earth material of whatever origin that overlies bedrock.
STRIPPING
The removal of vegetation and/or topsoil.
WATERCOURSE
Any natural or artificial swale, stream, channel, drain or
culvert in which waters flow continuously or intermittently.
Whenever the topography and vegetation are to
be disturbed, a plan for the control of erosion and sediment is required.
The following regulations shall apply to any person engaging in activities
which disturb the topography and vegetation of land:
A. It shall be unlawful for any person to do any site
work in conjunction with development, including but not limited to
stripping, grading, earthmoving, filling and establishment of open-pit
mines or borrow pits for any purpose without first securing a grading
permit.
B. It shall be unlawful for any person to pave, fill,
strip or change the existing grade of any land within the Township
without first securing a grading permit.
C. It shall be unlawful for any person to disturb, modify,
block, divert or affect the natural overland or subsurface flow of
stormwater within the Township without first securing a permit.
D. It shall be unlawful for any person to construct,
erect or install any dam, ditch, culvert, drain pipe, bridge or any
other structure of obstruction affecting the drainage of any premises
in the Township without first securing a permit.
E. Whenever the topography or vegetation is to be disturbed and the proposal involves less than one acre, a permit shall be required, subject to Subsection
F, but no fee shall be payable.
F. No permit shall be required hereunder for:
(1) Any activity for which a permit must be obtained from
any agency of the Commonwealth of Pennsylvania.
(2) Normal agricultural operations.
(3) Any developed residential lot where the following
conditions are met:
(a)
The aggregate area stripped at one time does
not exceed 5,000 square feet and the grade change does not exceed
six inches.
(b)
All bare earth is promptly seeded, sodded or
otherwise effectively protected from erosion.
(c)
The earthmoving does not involve a quantity
of material in excess of 100 cubic yards.
(4) Earthmoving incident to construction of individual
wells and sewage disposal systems.
The application for a permit shall be accompanied
by a plan of the property showing:
A. An area plan, or plans, describing existing and proposed
features of the area surrounding the site of the work, including topography,
existing vegetation, watercourse, man-made features, the affected
watersheds and other pertinent natural features. This may be in the
form of a recent United States Geological Survey (USGS) map with the
property and required features located thereon.
B. A topographical survey of the site, at a suitable
scale of no less one inch equals 50 feet and contour interval of no
more than two feet zero inches, prepared by a registered surveyor
or registered engineer, including also a boundary line survey, the
location and description of vegetative cover, soil types (available
from the Chester County Soil Conservation District) and any other
pertinent existing natural or man-made features.
C. An improvements plan at the same scale as the topographical survey showing and describing all changes to the site, including cuts, fills, structures, paving and utilities. (This may be combined with the topographical survey of Subsection
B on simple projects.)
D. A written description of soil erosion and sediment control measures (with appropriate plans and specifications), in accordance with standards and specifications of the USDA Soil Conservation Service, Chester County Conservation District and Township ordinances, including, without limitation, retention basins or other control measures necessary to limit the rate of stormwater runoff to comply with the requirements of §
131-6C hereof.
E. A time schedule indicating 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
D and the time of exposure of each area prior to the completion of such measures.
When the area of the site to be disturbed exceeds
one acre, or when smaller sites are environmentally sensitive because
of the presence of watercourses or unusual drainage conditions, the
Township Engineer may require any or all of the following additional
information. This information shall be supplied when the area to be
disturbed exceeds five acres and it shall then be prepared by a registered
professional civil engineer, agronomist or other professional qualified
in hydrology:
A. A plan shall indicate present and proposed sources,
storage and disposition of water being channeled through or across
the site, together with elevations, gradients and maximum flow rates.
The application shall describe the work to be performed, the materials
to be used and the manner or method of performance, including provisions
for protecting and maintaining existing drainage facilities, whether
on public or private property.
B. Calculations to determine runoff shall be based on
the Soil-Cover Complex Method, which is available from the USDA Soil
Conservation Service, West Chester, or if the applicant can demonstrate
the inappropriateness of such method, calculations may be based upon
other generally accepted and applicable engineering methods. The design
criteria for storm sewer piping, inlet systems, retention basins,
spillways, culverts, swales and all related facilities shall be those
published by the USDA Soil Conservation Service and available at its
office in West Chester. The coefficient of runoff used for all areas
upstream of any drainage structure shall be computed on the basis
of the projected land use contained in the Township Comprehensive
Plan.
C. The following provisions shall apply to the carrying
and disposal of stormwater runoff:
(1) All drainage facilities shall be designed in the most
practicable fashion to control surface water runoff in such a manner
as to prevent erosion and flooding and maximize recharge of acquifers.
Such facilities shall be designed to retard the rate of stormwater
runoff to approximately the same rate as that existing prior to construction
of the project.
[Amended 3-18-2003 by Ord. No. 129-D-03]
(2) The applicant shall agree to the granting and recording
of easements for drainage facilities, including acceptance of the
discharge of water from the property of others, provisions for maintenance
of slopes and swales and access for the maintenance of anti-erosion
facilities.
D. If load-bearing fill is proposed, a soils investigation
report shall be submitted 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 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. The following provisions
shall apply to plans involving fill:
(1) Fills toeing out on natural slopes steeper than four
horizontal to one vertical shall not be made unless approved by the
Township Engineer after receipt of a report by a registered professional
engineer qualified in soils analysis, certifying that he has investigated
the property, made soil tests and that, in his opinion, such steeper
slopes will safely support the proposed fill.
(2) Natural and/or existing slopes exceeding five horizontal
to one vertical shall be benched or continuously stepped into competent
materials, as determined by the Township Engineer, prior to placing
all classes of fill.
The Township Engineer shall approve and issue all permits in letter form. Fees, as set forth in §
131-10 hereof, shall be collected directly by the Township.
[Amended 7-21-2009 by Ord. No. 129-G-09]
A. The Board of Supervisors shall, by resolution, adopt a schedule of fees and a collection procedure which shall be kept on file by the Township Secretary and shall be reviewed and revised as necessary by the Board of Supervisors. The fee is required upon initial submission of an application under this chapter except as provided by §
131-3F. Cost of inspections will be billed to the applicant as inspections are completed. Payments shall be made within 30 days of the receipt of a bill, and no occupancy permit will be issued until all payments have been made. If the applicant has paid a fee under another Township ordinance which is applicable to the requirements of this chapter, such as Chapter
205, Subdivision and Land Development, the Zoning Officer may waive any or all of the fees under this chapter as he determines to be equitable. If an application involves less than one acre, no fee will be required. The permittee shall also be responsible for reimbursement to the Township of the cost of review of the plans and application charged to the Township by the Township Engineer.
B. All fees outlined in §
131-10A shall be paid within 30 days of billing by the Township. When the 30th day from the date of billing falls on either a weekend or a holiday on which the Township building is closed, payments that are received before the close of business the next business day immediately following the 30th day shall be deemed to be paid on time and no interest shall be applied. If the fee is not paid within 30 days of the date of billing, the Township shall charge and be entitled to collect interest equal to 3/4 of 1% of the unpaid balance per month, or fraction thereof, until paid.
Any permit issued under this chapter may be
revoked or suspended by the Board of Supervisors of the Township,
after notice to the permit holder, for:
A. Failure to carry out the control measures described
in the application at the appropriate times as specified in the applicable
time schedule or within such reasonable extension as may be granted
by the Township Engineer.
B. Violation of any other condition of the permit.
C. Violation of any provision of this chapter or any
other applicable law, ordinance, rule or regulation relating to the
work.
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.
Every permit issued hereunder shall expire at
the end of the period of time set out in the permit. The permittee
shall fully perform and complete all of 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, he 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 runoff and erosion control plan, any extension
of a permit shall be subject to approval of a revised runoff and erosion
control plan by the Soil and Water Conservation District.
The Township Engineer, before issuing a permit for a project which exceeds five acres, shall require a cash bond or corporate surety bond in a form satisfactory to him and the Township Solicitor conditioned upon the faithful performance of the control measures and other conditions specified in the permit within the time specified or within any extension thereof granted by the Township Engineer, in the amount of the total estimated cost of all control measures and the cost of safeguards for adjoining properties. Said bond may be combined with a bond filed under the Chapter
205, Subdivision and Land Development. Each bond shall be maintained and renewed annually and shall be executed by a surety or guaranty company qualified to transact business in the state.
[Amended 12-1-1998 by Ord. No. 129]
Any person who violates or permits the violation
of any provision of this chapter shall, upon conviction thereof in
a summary proceeding brought before a District Justice under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be subject to the payment of a fine of not less than $100 and not
more than $1,000, plus the costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment in the county
prison for a term of not more than 30 days. Each section of this chapter
violated shall constitute a separate offense, and each day or portion
thereof in which a violation of this chapter is found to exist shall
constitute a separate offense, each of which violations shall be punishable
by a separate fine imposed by the District Justice of not less than
$100 and not more than $1,000, plus the costs of prosecution or, upon
default of payment thereof, the defendant may be sentenced to imprisonment
in the county prison for a term of not more than 30 days. All fines
and penalties collected for the violation of this chapter shall be
paid to the Township Treasurer.