[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 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.
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.
