The purpose of this chapter is to regulate modification
of natural terrain and the alteration of drainage by providing for
runoff, erosion and sediment control measures and maintenance of artificial
structures within East Bradford Township to assure, protect and safeguard
the health, safety and general welfare. It implements 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, as the
same may from time to time be supplemented and amended.
This chapter shall be known and cited as the
"East Bradford Township Soil Erosion, Sedimentation and Grading Control
Ordinance."
As used in this chapter, the following definitions
shall apply:
BEDROCK
The solid, undisturbed rock in place either at the ground
surface or beneath surface soil deposits.
BORROW PIT
An open pit from which soil is excavated as a single incident
for use at a single construction site.
CUT
The removal of soil or rock from its natural or predevelopment
location.
DESIGN STORM
A storm with a return frequency specified by this chapter.
DEVELOPMENT
Any subdivision or land development or any alteration of
land not for agricultural or conservation purposes which includes
earthmoving, filling or stripping, including but not limited to road
construction, utility installation, public or private, residential,
commercial or industrial facility construction, mining and quarrying
and water resource management.
EARTHMOVING
Any activity 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, climate and other natural elements.
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.
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,
unincorporated association, municipal corporation or agency within
the Commonwealth 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 on beds of bodies of water.
SITE
Any lot or parcel of land or combination of contiguous lots
or parcels of land under single and separate ownership where earthmoving,
filling or stripping is, was or will be performed.
SOIL
All earth material or whatever origin that overlies bedrock.
SOIL EROSION AND SEDIMENT CONTROL PLAN
A plan of a system of coordinated devices to prevent the
dislocation in transportation of the soil during periods of earthmoving,
development or stripping.
STABILIZATION
The proper placing, grading and covering of soil, rock or
earth to ensure their resistance to erosion, sliding or other movement.
For purposes of this chapter, disturbed soil areas may be considered
stabilized on either a permanent (vegetated) basis or temporary (nonvegetated)
basis, as follows:
[Added 5-11-1999 by Ord. No. 1-1999;
amended 10-12-1999 by Ord. No. 3-1999]
A.
TEMPORARY STABILIZATION—Where stabilization
by vegetative cover has not occurred (owing to either the season or
the passage of insufficient time for vegetation to have produced permanent
stabilization), the term "temporary stabilization" shall include the
installation of berms or other devices to control the discharge of
sediments and, where feasible, the installation of commercially produced
erosion control mulch blanket defined and installed in accordance
with the latest edition of PennDOT Specification 408, Section 806
(to be used at a minimum on all cut and fill slopes extending to five
feet beyond the top and toe of slope and in all drainage channels),
and mulch and mulch binders applied in accordance with the latest
edition of PennDOT Specification 408, Section 805.
B.
PERMANENT STABILIZATION—Permanent stabilization
shall have occurred when all permanent stormwater control facilities/measures
(as applicable) have been completed and are operational, temporary
control facilities/measures have been removed and uniform erosion-resistant
perennial vegetation is established to the point where the surface
soil is capable of resisting erosion during runoff events which, for
purposes of this chapter, shall constitute vegetative cover of a uniform
coverage or density of 85% across the disturbed area.
STORMWATER MANAGEMENT PLAN
A plan for controlling water runoff so that it will not cause
erosion, flooding or concentrations of water runoff and for minimizing
the effects on water runoff of creating less pervious areas either
during the grading process or as the result of any permanent change
to the character of the natural surface of the ground.
STRIPPING
The removal of the natural ground surface, including vegetation
and/or topsoil.
TOPOGRAPHY
The physical features of a site, place or region.
VEGETATION
The plants located on a site or in an area or region.
WATERCOURSE
Any natural or artificial swale, stream, channel, drain or
culvert in which waters flow continuously or intermittently.
[Amended 5-11-1993 by Ord. No. 145-1993]
The regulations established in this section
shall apply to any person engaged in activities which disturb the
topography and vegetation of land.
A. It is 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 the applicable
grading permit.
B. It is unlawful for any person to pave, fill, strip
or change the existing grade of any land without first securing the
applicable grading permit.
C. It is unlawful far any person to disturb, modify,
block, divert or affect the natural overland or subsurface flow of
stormwater without first securing the applicable grading permit.
D. It is unlawful for any person to construct, erect
or install any dam, ditch, culvert, drainpipe, bridge or other structure
or obstruction affecting the drainage of any premises without first
securing the applicable grading permit.
No permit shall be required in the following
instances:
B. Normal agricultural operations.
C. Any developed residential lot where the following
conditions are met:
(1) The aggregate area to be stripped does not exceed
5,000 square feet.
(2) The grade change does not exceed six inches.
(3) All bare earth is promptly seeded, sodded or otherwise
effectively protected from erosion.
(4) The earthmoving does not involve a quantity of material
in excess of 100 cubic yards.
D. Earthmoving incident to construction of individual
wells and sewage disposal systems less than 5,000 square feet in extent.
[Amended 9-12-1989 by Ord. No. 114-1989; 5-11-1993 by Ord. No. 145-1993; 10-12-1999 by Ord. No. 3-1999]
A. Grading permits required under this chapter are classified
into three categories, as follows:
(1) Lot grading permit applicable to site preparation
and excavation preceding the construction of one single-family dwelling
or accessory structure on one individual lot.
(2) Minor general grading permit applicable to grading-activities
which:
(a)
Are not covered under a lot grading permit;
and
(b)
Involve a total of less than 20,000 square feet
of site disturbance.
(3) General grading permit applicable to all other grading
activities not covered under lot grading permits or minor general
grading permits.
B. Any person proposing to engage in any activity requiring a permit hereunder shall apply for the applicable grading permit by written application on a form available from the Township. Applications for lot grading permits and minor general grading permits shall be filed with the Township Codes Enforcement Officer. Such a permit shall require the applicant's agreement to comply with the regulations established in §§
90-8,
90-9 and
115-45 of this Code upon the permit's issuance. Applications for general grading permits shall be filed with the Township Engineer. Such a permit shall require the applicant's agreement to comply with the regulations established in §§
90-9,
95-25,
95-26,
95-35,
95-36 and
115-45 of this Code upon the permit's issuance. Failure of the applicant to abide by such regulations shall be a violation of the provisions of this chapter.
C. Each application for a permit shall be accompanied by a plan (or plans if required herein) which, in the case of a minor general grading permit involving less than 20,000 square feet of site disturbance or a lot grading permit, shall comply with the requirements in §§
90-6C(1),
(2),
(3) and
(4) below, and Chapter
45, Building Construction, of this Code. For general grading permits where site disturbance exceeds 20,000 square feet, the application shall be accompanied by a plan or plans conforming to Chapter
95 of this Code §§
95-14C,
95-25,
95-26 and
95-35.
(1) A plan delineating the property's boundaries as well
as the specific areas of the site on which the work is to be performed
and describing existing and proposed features of the property and
the area surrounding the site of the work, including topographic features,
existing vegetation, soil types, watercourses, natural and man-made
features, the affected watersheds and other natural features.
(2) The plan of the site shall be at a suitable scale
of not less than one inch equals 50 feet and contour intervals of
no more than two feet, prepared by a registered surveyor or registered
engineer.
(3) An improvements plan showing and describing all changes to the site, including cuts, fills, structures, paving and utilities shown on the same plan as required in Subsections
C(1) and
(2) above.
(4) A soil erosion and sediment control plan shown on the same plan as required in Subsections
C(1) and
(2) above.
D. In the preparation of plans for lot grading permits
and minor general grading permits, where sites are environmentally
sensitive because of the presence of watercourses or unusual drainage
conditions, the soil erosion and sediment control plan and the stormwater
management plan, including permanent stormwater management devices,
features and facilities, shall be prepared by a registered professional
engineer, agronomist or other professional qualified in hydrology.
Supporting data and engineering calculations shall be submitted with
these plans.
E. The requirements of this chapter shall be in addition to rather than in substitution of those provisions of Chapter
95 of this Code, the East Bradford Township Subdivision and Land Development Ordinance, relating to storm and surface drainage and stormwater management, grading and erosion control and stormwater management criteria. When reviewing and approving plans prepared under the Subdivision and Land Development Ordinance, if the Township Engineer determines that the data required to be submitted in an application for a permit hereunder has been included in the subdivision or land development plans and such plans are supported by documentation in substantial compliance with the requirements of this chapter, then the subdivider or land developer shall not be obligated to make separate application for a permit, but upon approval of the plans, a general grading permit shall be issued. The issuance of a permit will cause the project and the applicant to be subject to the terms and conditions of this chapter as if the application had been submitted hereunder.
F. A separate application shall be required for each
grading permit. Three copies of all plan documents referred to in
this section shall be submitted with each application. In the case
of a general grading permit, one set of the plan documents shall be
submitted to the Chester County Conservation District for review and
comment.
G. If required by state and federal law and regulation,
the person applying for a general grading permit shall apply to the
appropriate governmental agency for an NPDES discharge permit.
[Amended 5-11-1993 by Ord. No. 145-1993]
A. The Board of Supervisors shall, by resolution, establish
a schedule of fees for each grading permit.
B. To ensure payment of all review and inspection fees,
at the time of application, the applicant shall deposit with the Township
a sum sufficient to cover the costs of such plan review, together
with the cost of three inspections by either the Codes Enforcement
Officer or the Township Engineer, whichever is applicable, unless
it is determined by the Township that fewer inspections will be required.
The Board of Supervisors may establish a schedule of necessary deposits
in conjunction with any application. Payments for the cost of all
plan reviews and inspections over the amount on deposit at any time
shall be made by the applicant within 30 days of billing by the Township.
C. The cost of all plan reviews and inspections made
by either the Township Engineer or the Township Solicitor shall be
at the rate regularly billed to the Township by such Engineer or Solicitor.
The cost of all plan reviews and inspections made by the Codes Enforcement
Officer shall be set by the Board of Supervisors in the resolution
setting the schedule of fees.
D. If the applicant has paid a fee and/or deposited money
under any other Township ordinance which is applicable to the requirements
of this chapter, such as the Subdivision and Land Development Ordinance, the Township shall deduct therefrom the fees referred
to in the preceding subsection.
E. In the case of a general grading permit, the Township
Engineer shall review the applicant's permit application, together
with all plans, surveys, schedules, design criteria and other documents
submitted or required to be submitted as part of the permit application
procedure, together with any and all amendments thereto, and shall
prepare a report of his findings and recommendations with respect
to the same for the Township as he shall determine necessary and prior
to the issuance of a permit or permits. In addition, the Township
Engineer shall perform all inspections of the work in progress and
as completed.
[Amended 10-12-1999 by Ord. No. 3-1999]
F. In the case of a lot grading permit or a minor general
grading permit, the Codes Enforcement Officer shall review the applicant's
permit application, together with all plans, surveys, schedules, design
criteria and other documents submitted or required to be submitted
as part of the permit application procedure, together with any and
all amendments thereto. In addition, the Codes Enforcement Officer
shall perform all inspections of the work in progress and as completed.
[Amended 10-12-1999 by Ord. No. 3-1999]
G. The Township Engineer may refer an application to the Township Solicitor who shall review such portion of the plans and documents submitted with the application or submitted in conjunction with the application as the Township shall require and shall prepare such additional documentation, including reports, agreements, easements or other legal documents necessary to ensure compliance with the provisions in this chapter. The cost of all such plan review and document preparation shall be paid for by the applicant in accordance with the procedure established in Subsection
D of this section.
H. The Township Engineer shall approve and issue all
general grading permits in letter form, and no work shall commence
without the issuance of such approval. The Codes Enforcement Officer
shall review and issue all lot grading permits, and no work shall
commence without the issuance of such approval.
[Amended 5-11-1993 by Ord. No. 145-1993; 10-12-1999 by Ord. No. 3-1999]
The criteria set forth in Subsection A shall apply to the preparation of plans and execution of soil erosion, sedimentation and grading control plans for lot grading and minor general grading permits. Plans prepared for general grading permits where the area of disturbance exceeds 20,000 square feet shall be prepared in accordance with criteria established by §§
95-26 and
95-35 of this Code.
A. In order to prevent accelerated erosion and resulting
sedimentation, land disturbance activities shall be conducted in conformance
with the following:
(1) Erosion and sedimentation devices such as temporary
vegetation/mulch, temporary detention basins, diversion terraces,
rock filter berms, staked hay bales or silt fences (in areas of minimum
flows) appropriate to the scale of operations shall be installed concurrent
with earthmoving activities and whenever a situation is created which
would contribute to increased erosion.
(2) Earthmoving, stripping of vegetation and the addition
of fill shall be minimized where possible and practicable to preserve
desirable natural features and the topography of the site.
(3) Stripping of vegetation, regrading or other development
shall be done in such a way that will minimize erosion.
(4) Land disturbance shall be limited to the actual construction site and an access strip. The amount of disturbed area and the duration of exposure shall be kept to a practical minimum. Stockpiling of earth/topsoil for later use on the project shall be protected as stated under Subsection
A(2) above.
(5) The permanent (final) vegetative and structural erosion
control and drainage measures shall be installed as approved by the
Township.
(6) Sediment in runoff water shall be trapped and removed
through means approved by the Township Engineer, in the case of general
grading permits, and the Codes Enforcement Officer, in the case of
lot grading permits, to assure adequate capacity in the basins or
traps.
(7) Procedures for protecting soils or geologic structures
with water supply potential from contamination by surface water or
other disruption by construction activity shall be established in
consultation with the Township.
(8) If load-bearing fill is proposed, a soils investigation
report prepared by a qualified registered professional engineer shall
be submitted which shall consist of test borings, laboratory testing
and engineering analysis to correlate surface and subsurface conditions
with the proposed grading plan. The report 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.
(9) If requested by the Township, the applicant shall
agree to granting and recording of easements for drainage facilities
and for easements for the maintenance of swales and for access easements
to provide for the maintenance of water management facilities.
(10) Before granting occupancy permits for buildings, building
lots shall be finish graded and disturbed areas shall be stabilized
so that drainage will not be concentrated onto adjacent lots. If it
is not possible, due to the season of the year, to establish permanent
vegetative cover and if, because of the lack of ground cover, exposed
areas result in excess runoff or silt discharges onto adjoining properties
or the street, the Township shall require the lot to be stabilized
temporarily, including the immediate installation and maintenance
of extra mulching, commercially produced erosion control mulch blankets,
silt barriers and/or the construction and maintenance of temporary
sedimentation basins until permanent vegetation is established.
Any permit issued under this chapter, including
through approval of subdivision and land development plans, 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 either the Township Engineer or Codes Enforcement Officer, depending
upon the type of grading permit.
B. Violation of any other condition of the permit.
C. Failure to carry out the control measures described
in the application or permit in a reasonable and workmanlike manner.
[Added 9-12-1989 by Ord. No. 114-1989 ]
D. Violation of any provision of this chapter or any
other applicable law, ordinance, rule or regulation relating to the
work.
E. Existence of any condition or the doing of any act
constituting or creating a nuisance or hazard or endangering human
life or property of others, including the discharge of sediments from
the site.
F. The existence of any condition or the doing of any
acts constituting or creating a nuisance, hazard or endangering human
life or the property of others, including, without limitation, the
discharge of sediments from the site or the failure of the control
to prevent accelerated erosion or waterborne sediment from leaving
the site of construction.
[Added 9-12-1989 by Ord. No. 114-1989]
[Amended 5-11-1993 by Ord. No. 145-1993; 10-12-1999 by Ord. No. 3-1999]
Every permit issued hereunder shall expire at
the end of the period of time shown in the sequence of construction
attached to and approved as a part of the erosion and sediment control
plan. In the case of individual lot development or minor general grading
permits, if no time is specified, the permit shall expire at the end
of six months from the date of issuance. 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 is 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 or the Codes Enforcement Officer, whichever is applicable,
such an extension is warranted, he may grant additional time for the
completion of the work. Where the Township Engineer or Codes Enforcement
Officer, whichever is applicable, determines that the extension of
time will require a substantial modification of the soil erosion and
sediment control plan and/or the stormwater management plan, any extension
of a permit shall be subject to approval of such revised plans in
accordance with the applicable procedure of this chapter.
[Amended 5-11-1993 by Ord. No. 145-1993]
Before the issuance of a general grading permit
for a project which exceeds five acres, the applicant shall deposit
with the Township financial security in an amount sufficient to cover
the cost of all stormwater management and erosion and sedimentation
control measures and other conditions specified in the permit within
the time specified by this chapter, or within any extension thereof
granted by the Township Engineer. The amount of such financial security
shall be equal to 110% of the cost of the work for which the security
has been provided. The form of financial security, the method of cost
calculation and the release of the posted security shall be in conformity
with those provisions set forth in the Township Subdivision and Land
Development Ordinance with respect to public improvement guaranties.
[Amended 5-11-1993 by Ord. No. 145-1993; 10-8-1996 by Ord. No. 3-1996; 7-8-1997 by Ord. No. 2-1997]
Any person violating or permitting the violation
of the provisions of this chapter shall, upon being found liable therefor
in a criminal enforcement proceeding, pay a fine of not more than
$1,000 nor less than $25, together with court costs and reasonable
attorneys fees, and may be incarcerated for a period not exceeding
90 days. Such fine, costs, attorney fees and incarceration, after
being reduced to a final, unappealed judgment, shall be enforced by
the Township pursuant to the applicable rules of criminal procedure.
Each day of violation shall constitute a separate violation.