[HISTORY: Adopted by the Township Council
of the Township of Lower Saucon 1-17-2007 by Ord. No. 2007-01. Amendments noted where applicable.]
The name of this chapter shall be the “Lower
Saucon Township Earth Disturbance Ordinance.”
A.
Earthmoving and grading, including but not limited
to removal of vegetation and/or changes in topography, are activities
regulated by this chapter.
B.
Earthmoving and grading activities shall be subject to the requirements of State Soil Erosion and Sedimentation Control Regulations, the Township Zoning Ordinance (Chapter 180), the Township Subdivision and Land Development Ordinance (Chapter 145), the Township Floodplain Ordinance (Chapter 90), and the Township Stormwater Management Ordinance (Chapter 137), whether or not it is regulated by this chapter.
C.
Notwithstanding anything to the contrary set forth
in this section, no permit shall be required pursuant to this chapter
in the following circumstances:
(1)
Earth disturbance for the purposes of normal agricultural
operations, gardening and topsoil preparation for planting of grass
or other vegetative ground cover; or
(2)
Earth disturbance for the purposes of residential
accessory structures or residential accessory uses where the aggregate
area to be stripped of vegetation at any one time does not exceed
the following criteria:
(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 steep slope (that is 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 steep slope
(that is 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 steep slope
(that is greater than 15%).
(3)
Earth disturbance, up to a limit of one acre (43,560
square feet), for any purpose, no closer than 100 feet to a lot line,
top of bank of any stream or watercourse, wetland, riparian corridor,
or steep slope (that is greater than 15%), regardless of the size
of the lot.
(4)
Earth disturbance necessary for the construction of
a single-family home or residential accessory structures or residential
accessory uses on a lot in excess of five acres when the Township
Manager, in his sole discretion, determines that a permit is not necessary
for the reasonable protection of adjacent properties.
(5)
Earth disturbance necessary for the construction or
repair of public utilities and/or roads by public agencies, and/or
Public Utility Commission regulated utility companies.
(6)
Earth disturbance necessary for the construction of
aboveground swimming pools.
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.
A.
Whenever any proposed activity requires a building
and/or driveway permit, no such building 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 applications materials submitted for building and/or
driveway permits.
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 Lower Saucon Township Zoning Ordinance (Chapter 180), Subdivision and Land Development (Chapter 145), Floodplain Ordinances (Chapter 90), and Township Stormwater Management Ordinance (Chapter 137) 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 this chapter.
C.
A separate application shall be required for each
earth disturbance operation. Three 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.
D.
The Council of Lower Saucon 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 Chapter 180, Zoning) and any other pertinent existing natural or man-made features. Interpolated contours from USGS 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-ways and easements.
(3)
A site improvement and grading plan of the same size and scale as 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-ways and easements.
[2]
One-hundred-year floodplain limit and elevation
and riparian corridors or buffers.
[4]
The limits of major trees (as defined by Chapter 180, Zoning) to be removed. Plans should identify the age and general condition of woodland areas (i.e., successional growth, mixed deciduous, coniferous, etc.).
[5]
Portions of the property sloped 8% to 15%, 15%
to 25%, and steeper than 25%.
[6]
Watercourses, ponds, lakes, vernal ponds and
wetlands (if any).
[7]
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.
[8]
The design location and grading associated with
any proposed on-lot sewage disposal system.
[9]
The area reserved for providing a replacement
on-lot sewage disposal system (if required).
[10]
Landscape buffers or screens.
[11]
Any upstream watershed draining onto the property,
with a clear description of how stormwater runoff from the upstream
watershed will be accommodated.
[12]
Limits of disturbance and disturbance ratios.
[13]
Limits and amounts of existing and proposed
impervious cover with coverage ratios.
[14]
All natural resources as identified in Chapter 180, Zoning. A tabulation shall be provided on the plan showing the area, the required protection rate and area, the maximum disturbance area, the proposed disturbance area and the remaining allowable disturbance area for each natural resource identified in the Zoning Ordinance.
[15]
A tabulation of impervious cover and type (building, driveway,
etc.) and identify if impervious cover is controlled by stormwater
management:
[Added 11-1-2017 by Ord.
No. 2017-05]
(b)
Incidental improvements such as mailboxes, electric
or telephone boxes and downspout locations 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 Lower Saucon Township ordinances.
(5)
If the proposed activity requires the submission and implementation of a Stormwater Management Plan in accordance with Chapter 137, Stormwater Management, 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.
F.
The site plans required herein shall also be prepared in accordance with the site plan requirements of Chapter 65 of this Code, specifically Section 106.2 of the International Building Code, as made a part of the Uniform Construction Code, as amended, and/or other specific requirements of other ordinances and regulations of the Township that include, but are not limited to:
[Amended 6-3-2009 by Ord. No. 2009-03]
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 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]
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.
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 earthmoving 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, building 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 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 antierosion 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 sedimentation
control measures shall be accomplished in accordance with standards
and specifications established by the Northampton County Conservation
District.
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 the Lower
Saucon Township, which may have jurisdiction over any aspect of the
project.
I.
Property corners to be set prior to final inspection.
A.
Inspections by the Township may be carried out on
a random basis at the option of the Township.
B.
If the construction of a building or structure is
occurring immediately after the initial earthmoving 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 may, at the option of the Township,
be conducted by the Township to verify compliance with this chapter.
D.
In all cases, however, the permittee shall be required
to undertake all earthmoving 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 earthmoving 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 earthmoving and soil stabilization that
can be completed is completed;
(2)
Temporary soil erosion and sedimentation 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 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.