The name of this chapter shall be the “Lower
Saucon Township Earth Disturbance Ordinance.”
It shall be unlawful for any person, firm, or
corporation to undertake any of the following activities without first
securing a permit, as required, pursuant to this chapter:
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,
drainpipe, bridge or any other obstruction affecting the drainage
of any property or portion thereof.
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 Chapter
137, Stormwater Management.
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 commonwealth 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 two 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 Chapter
137, Stormwater Management.
K. Stormwater control facilities shall be designed, constructed, and maintained in accordance with Chapter
137, Stormwater Management. Any stormwater management facilities provided must meet the requirements of Chapter
137, Stormwater Management, even if the proposed impervious cover is less than 10,000 square feet.
(1) Any residential (principal and accessory) structures
which have a cumulative square footage of 1,200 square feet or greater
shall be infiltrated in an infiltration practice with a void volume
equal to three inches over the impervious surface, with a minimum
cover of one foot, and which has a footprint area of at least 1/5
the size of the proposed impervious area. Probes shall be performed
to determine the required vertical separations from limiting zones;
however, no percolation testing is required. Where geologic or soil
evaluations do not support infiltration, the stormwater flow rate
shall be regulated so as to not exceed 0.25 cubic foot per second
greater than predevelopment rates during the two-, ten-, twenty-five-,
and one-hundred-year storms.
[Amended 11-1-2017 by Ord. No. 2017-05]
(2) If the total site impervious cover (existing and proposed)
since January 17, 2007, which is not infiltrated, is greater than
2,500 square feet, infiltrate or provide rate control for all existing
and proposed noninfiltrated impervious cover since January 17, 2007,
as follows: The grading plan shall provide stormwater volume control
for a one-hundred-year return storm (three inches over the impervious
surface) which has a footprint area of at least 1/5 the size of the
proposed impervious surface, or stormwater flow rate shall be regulated
so as to not exceed 0.25 cubic foot per second greater than predevelopment
rates during the two-, ten-, twenty-five-, and one-hundred-year storms.
[Amended 11-1-2017 by Ord. No. 2017-05]
(3) If the applicant proposes an increase in impervious cover of more than 10,000 square feet, the grading plan shall provide for stormwater runoff volume and quality control facilities in accordance with Chapter
137 of this Code, Stormwater Management.
[Amended 11-1-2017 by Ord. No. 2017-05]
L. 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 Council
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 Council.
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 earthmoving 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.
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 the failure of any permit holder to complete the control measures
specified in approved application, the Township may, after revoking
such permit, proceed to complete such measures itself, and recover
the cost thereof from the permittee and/or owner.
[Amended 3-3-2021 by Ord.
No. 2021-01]
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 Magisterial District Judge
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 Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the PA Rules of Criminal Procedure. Whenever
such person, or persons, shall have notified by the Township Zoning
Officer, Township Engineer, or the Township Council 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.