[HISTORY: Adopted by the Board of Supervisors
of the Township of Doylestown 7-11-1989 by Ord. No. 188. Amendments noted where
applicable.]
The name of this chapter shall be the "Doylestown
Township Earth Disturbance Ordinance."
A.
A plan for the control of erosion, sediment and grading
is required whenever the topography and vegetation on a parcel of
real property are to be disturbed.
B.
Notwithstanding anything to the contrary set forth
in this section, no permit shall be required pursuant to this chapter
in the following circumstances:
(1)
Normal agricultural operations; or
(2)
Where the aggregate area to be stripped at one time
does not exceed 5% of the gross lot area or 5,000 square feet, whichever
is smaller, the grade change does not exceed six inches in any one
area and all bare earth is properly seeded, sodded or otherwise effectively
protected from erosion.
It shall be unlawful for any person, firm or
corporation to do any of the following without first securing a permit
as required pursuant to this chapter:
A.
To pave, fill, strip or change the existing grade
of any land within the Township;
B.
To disturb, modify, block, divert or affect the natural
overland or subsurface flow of stormwater within the Township; and
C.
To construct, erect or install any dam, ditch, culvert,
drainpipe, bridge or any other obstruction affecting the drainage
of any parcel of real property in the Township.
Whenever any proposed activity requires a building
and/or driveway permit, no such building or driveway permit shall
be issued unless the applicant certifies that the permit required
hereunder has been issued or that no permit is required. The plans
and applications required herein may be combined, when applicable,
with plans and application 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 regulations in § 145-7 hereof upon issuance of the permit.
C.
A separate application shall be required for each
grading operation.
D.
All application forms shall be submitted to the Township
Secretary who shall, within 10 days of the adoption of this chapter,
establish operating procedures, including the required number of copies
of the application and the content of the application, and all of
the above shall be in conformity with the provisions of this chapter.
The fees for such permits shall be determined by the Board of Supervisors
of Doylestown Township, from time to time.[1]
E.
Any application for an erosion, sedimentation and
grading permit shall be accompanied by a plan of the property showing
the following:
(1)
An area plan or plans describing existing and proposed
features of the area surrounding the site of the work, including topography,
existing vegetation, watercourses, man-made features, the affected
watersheds and other pertinent natural features. This may be in the
form of a recent United States Geological Survey map with the property
and required features located thereon.
(2)
A topographical survey 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 surveyor
or registered engineer, including also a boundary line survey, the
location and description of vegetative cover, including trees over
10 inches in diameter two feet above the ground, soil types (available
from Bucks County Soil Conservation Service) and any other pertinent
existing natural or man-made features. The plan shall be a minimum
of 8 1/2 by 11 inches.
(3)
An improvements plan of the same size and scale as Subsection E(2) hereof showing and describing all changes to the site, including cuts, fills, structures, paving, waste disposal systems, wells, descriptions of all trees to be removed and utilities. (This may be combined with the topographical survey on simple projects.)
(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 Resources, 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 United States Department of Agriculture Soil Conservation Service, Bucks County Conservation District and Township ordinances, including, without limitation, retention basins or other erosion and stormwater control measures necessary to limit the rate of stormwater runoff to comply with the requirements of Chapter 153, Subdivision and Land Development.
(5)
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.
(6)
A grading plan of the same scale as Subsection E(2) herein showing and describing all changes to the site, including cuts, fills, structures, paving, utilities, rights-of-way and easements Also to be shown on the plan is the exact location of on-site waste disposal systems, wells and reserve waste disposal system areas.
(7)
The proposed final topographical survey of the site
showing in detail the final grading upon completion of all construction
activity.
The following information shall be supplied
whenever a permit is requested and it shall be prepared by a registered
professional civil engineer, agronomist or other professional qualified
in hydrology (however, the Township Engineer, upon written application,
may waive, in writing, the necessity for filing a portion of or all
of the following information), which said information shall be an
addition to any other requirements imposed upon the applicant by this
chapter. The information is as follows:
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 and shall be based upon the assumption
that the predevelopment land use condition is meadow land in good
condition, unless the actual predeveloped condition has a stormwater
runoff rate less than meadow land. The condition having the least
runoff shall be the basis of all stormwater runoff calculations for
all portions of the subject lot or tract of land, storm sewer piping,
inlet systems to retention basins, spillways, culverts and swales,
and all related facilities shall be designed to carry stormwater runoff
of the twenty-five-year frequency storm. All basins shall be designed
on a one-hundred-year frequency storm basis.
The following provisions apply for all activity
governed by the provisions of this chapter.
A.
All drainage facilities shall be designed to retard
the rate of stormwater runoff to the same rate or a lesser rate as
that existing prior to construction. Such a determination shall be
made by the method of calculations heretofore set forth.
B.
Lots shall be graded to secure proper drainage away
from buildings and streets, except streets where curbs exist, and
to prevent the collection of stormwater and pools. Stockpiling of
topsoil shall be protected from erosion.
C.
All drainage provisions shall be of such design as
to efficiently carry surface waters to the nearest street (if curbs
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.
D.
The applicant 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 Resources, 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.
The applicant shall not modify, fill, excavate or
regrade the land in any manner so close to a property line as to endanger
or damage any adjoining public street, sidewalk, alley or any other
public or private property without supporting and protecting such
property from settling, cracking, erosion, sediment, stormwater pooling
or other physical damage or personal injury which might result.
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.
All graded surfaces shall be seeded, sodded and/or
planted or otherwise protected from erosion, with six inches minimum
of topsoil, within 60 days of breaking ground and shall be watered,
tended and maintained until growth is well established at the time
of completion and final inspection.
[Amended 5-21-2024 by Ord. No. 419]
H.
Natural and/or existing slopes exceeding five horizontal
to one vertical shall be benched or continually stepped into competent
materials where vertical cuts exceeds 10 feet prior to placing all
classes of fill.
I.
Fills toeing out or natural slopes steeper than four
horizontal to one vertical shall not be made, unless approved by the
Township Engineer after receipt of a report deemed acceptable by the
Township Engineer by a soil engineer certifying that he has investigated
the property, made the soil tests and that, in his opinion, such steeper
slopes will safely support the proposed fill. Costs for such investigation
and report shall be borne by the applicant.
J.
A quality control program is critical for fills, therefore,
whenever load-bearing fill material is to be used, each layer of compacted
fill shall be tested to determine its dry density per ASTM D1556.
The density of each layer shall not be less than 95% of the maximum
dry density as determined per ASTM D1557. These tests shall be required
for all fills and stormwater or sediment basins within the Township.
K.
All permanent grading shall be designed:
(1)
To provide positive surface drainage away from on-site
sewage disposal systems;
(2)
To provide positive surface drainage away from buildings
and structures;
(3)
To limit stormwater runoff from the subject lot to
other lands so that no more occurs than that which occurred prior
to any construction of any nature on the subject lot;
(4)
So that no stormwater runoff or drainage water shall
be so diverted as to overload existing drainage systems or create
flooding or the need for additional drainage structures on other private
properties or public land; and
(5)
So that stormwater roof drains and any basement drains
shall not discharge water directly onto a sidewalk, a lane or a street
or within the street or within the street right-of-way and shall be
constructed to retain the discharge only on the lot which is the subject
of the application or to a stormwater system.
The Township Engineer shall approve and issue
all earth disturbance permits on the form provided by the Township
Secretary for that purpose. No building permit shall be issued by
the Building Inspector and no driveway permit shall be issued by the
Township until such time as an earth disturbance permit has been obtained
by the applicant, whenever required. Furthermore, no certificate of
occupancy permit shall be issued by the Building Inspector until such
time as the Township Engineer certifies that all grading has been
completed in accordance with the final grading plan.
A.
The permittee is responsible for any property damage
or personal injury caused by its activities authorized by the permit.
B.
No person, firm or corporation shall modify, fill,
excavate, pave, grade or regrade 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 drainage facility on its premises.
All watercourses, drainage ditches, culverts, drainpipes and drainage
structures shall be kept open and free-flowing 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.
When required by the permit, adequate provision shall
be made for dust control measures as determined by the Township Engineer.
F.
All plans and specifications accompanying any permit
application shall include provisions for both temporary and permanent
grading.
G.
The installation and maintenance of erosion and sedimentation
control measures shall be accomplished in accordance with standards
and specifications established by the United States Department of
Agriculture Soil Conservation Service and the Bucks County Soil Conservation
District.
A.
All inspections shall be the responsibility of the
Township Engineer.
B.
Inspections shall be carried out on a random basis,
except as stated hereafter.
C.
A final inspection shall be conducted by the Township
Engineer to certify compliance with this chapter. The permittee and
owner of the subject real property shall notify the Township Engineer
and submit an as-built grading plan (showing all changes in the final
grading) within 14 days of the completion of all activities for which
a permit was issued thereunder. The Township Engineer shall then conduct
an inspection to ensure that satisfactory compliance with this chapter
has been accomplished. If the subject property, as finally graded,
does not satisfactorily conform to the final grading plan filed with
the permit applications hereunder, then the Township Engineer shall
note changes required on the as-built grading plan. The permittee
and owner of the subject real property shall correct all noted deficiencies
and resubmit a revised as-built grading plan for reinspection. When
the Township Engineer is satisfied that the finally graded parcel
of real property complies with the provisions of this chapter, he
shall then notify the Township Building Inspector that the subject
lot is in compliance with this chapter. No occupancy permit (temporary
or permanent) under the Township Building Code[1] shall be issued by the Building Inspector until such time
as the Township Engineer certifies to him that all grading and earth
stabilization has been completed in accordance with the final grading
plan and the permit.
[1]
Editor's Note: See Ch. 65, Building Construction.
Any permit issued under this chapter may be
revoked or suspended by the Township Engineer after notice 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 extensions as may be granted
by the Township Engineer.
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.
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 event of any violation of this chapter
and in addition to any civil penalties to be assessed pursuant to
other provisions of this chapter, the Township, in addition to any
other remedies provided by law, may institute any appropriate proceedings
to prevent such unlawful activities, including an effort to restrain,
correct or abate such violations; to prevent the use of the applicable
real property; or to prevent any illegal act, conduct, business or
use in or about such premises. In addition, upon the failure of any
permit holder to complete the control measures specified in the 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.
In the event of any violation of the provisions
of this chapter, the owner, general agent or contractor of a building
or premises 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 owner, general
agent, contractor, lessee or tenant of any part of a building or premises,
in which part such violation has been committed or shall exist; and
the general 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 shall exist shall
be guilty of a summary offense, and in the event of a conviction,
a fine may be imposed up to $1,000 per day, with each day being a
separate and distinct offense. Such penalties shall be collected as
such penalties are normally collected by law and shall be imposed
by a District Justice.
