Township of East Bradford, PA Soil Erosion and Sediment Control

Editor's Note: Former Subsection A, regarding activities requiring a grading permit from an agency of the commonwealth, was repealed 8-10-2004 by Ord. No. 4-2004.

Normal agricultural operations.

Any developed residential lot where the following conditions are met:

The aggregate area to be stripped does not exceed 5,000 square feet.

The grade change does not exceed six inches.

All bare earth is promptly seeded, sodded or otherwise effectively protected from erosion.

The earthmoving does not involve a quantity of material in excess of 100 cubic yards.

Earthmoving incident to construction of individual wells and sewage disposal systems less than 5,000 square feet in extent.

§ 90-6 Permit application procedure.

[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]

Grading permits required under this chapter are classified into three categories, as follows:

Lot grading permit applicable to site preparation and excavation preceding the construction of one single-family dwelling or accessory structure on one individual lot.

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.

General grading permit applicable to all other grading activities not covered under lot grading permits or minor general grading permits.

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.

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.

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.

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.

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.

A soil erosion and sediment control plan shown on the same plan as required in Subsections C(1) and (2) above.

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.

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.

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.

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.

§ 90-7 Inspection and permit fees and permit approval.

[Amended 5-11-1993 by Ord. No. 145-1993]

The Board of Supervisors shall, by resolution, establish a schedule of fees for each grading permit.

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.

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.

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,[1] the Township shall deduct therefrom the fees referred to in the preceding subsection.

Editor's Note: See Ch. 95, Subdivision and Land Development.

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]

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]

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.

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.

§ 90-8 Design criteria.

[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.

In order to prevent accelerated erosion and resulting sedimentation, land disturbance activities shall be conducted in conformance with the following:

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.

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.

Stripping of vegetation, regrading or other development shall be done in such a way that will minimize erosion.

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.

§ 90-9 Regulations.

The permittee is responsible for any property damage or personal injury caused by his activity authorized by the permit.

No person shall modify, fill, excavate, pave or regrade 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, buildings and other structures which could be caused by settling, cracking, erosion or sediment.

No person shall fail to adequately maintain in good operating order any drainage facility on his premises. All watercourses, drainage ditches, culverts, drainpipes and drainage structures shall be kept open and free-flowing at all times.

No person shall deposit or place any debris or other material in any watercourse, drainage ditch or structure in such a manner as to obstruct free flow.

The owner of any property on which any work has been done pursuant to a permit granted under this chapter shall continuously maintain and repair all graded surfaces and anti-erosion devices, such as retaining walls, drainage structures or means, plantings and ground cover installed or completed. This obligation shall apply not only to the permit holder, but also to his successors in title to the property.

The erosion and sedimentation control plan shall show the location of areas of nondisturbance and these areas shall be delineated in the field with construction fencing. Land disturbance shall not extend beyond the area within the limit of disturbance shown on the approved plan. The disturbed area and duration of exposure shall be kept to a practical minimum and disturbed soil shall be stabilized in accordance with the following:

[Amended 9-12-1989 by Ord. No. 114-1989; 10-12-1999 by Ord. No. 3-1999]

Any disturbed area on which activity has ceased and which will remain exposed for more than 20 days, and any disturbed areas which are at finished grade must be stabilized immediately. Any such disturbed areas which are not at finished grade and which will be redisturbed within one year may be stabilized in accordance with temporary seeding specifications. Disturbed areas which are either at finished grade or will not be redisturbed within one year must be stabilized in accordance with permanent seeding specifications. Seeding specifications must be shown on the plans.

Diversions, channels, sedimentation basins, sediment traps and stockpiles must be stabilized immediately.

During nongerminating periods (October 15 to March 15), stabilization shall include the use of commercially produced erosion control mulch blankets that shall be supplied and installed in accordance with PennDOT Specification 408, Section 806. Such materials shall be used as shown on the plans but 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. In street construction, blankets shall extend through drainage swales, if any, and to the edge of the paving section or back of curb. Other exposed areas shall be mulched and mulch binders applied in accordance with the latest edition of PennDOT Specification 408, Section 805. During periods when seed germination can be obtained, seeding and mulching and the installation of blankets shall be applied in accordance with the specifications and as shown on the plans.

Precautions shall be taken to prevent the unnecessary removal of trees and to assure their protection by suitable tree wells, as determined by the Township Engineer.

When required, adequate provision shall be made for dust control measures as determined by the Township Engineer.

Inspections shall be conducted in accordance with the general procedure outlined in § 90-10.

[Amended 9-12-1989 by Ord. No. 114-1989]

Compaction test reports shall be kept on file at the site and be subject to review at all times by the Township Engineer.

[Amended 5-11-1993 by Ord. No. 145-1993]

Major modifications of the approved application and plans shall be submitted to the Township and reprocessed in the same manner as the original application and plans. Field modifications of a minor nature may be authorized by the Township Engineer, provided that written authorization is given to the person performing work pursuant to this chapter.

[Amended 5-11-1993 by Ord. No. 145-1993]

During nongerminating periods (October 15 to March 15), in order to obtain a permit for a building site, it must have access from a street that has been graded and stabilized with a minimum of pavement base material in place and protected against contamination by dirt or silt.

[Added 10-12-1999 by Ord. No. 3-1999[1]]

Editor's Note: This ordinance also provided for the redesignation of former Subsections L and M as Subsections M and N, respectively.

The Codes Enforcement Officer, in consultation with the Township Engineer, shall have the authority to limit, during the course of construction, the issuance of the number of building permits for dwelling units, whether granted under this chapter or granted as a result of an approval of a subdivision or land development where, in the opinion of the Codes Enforcement Officer, such limitation on permitting is necessary to prevent erosion and sedimentation discharges in violation of provisions of this chapter.

[Added 9-12-1989 by Ord. No. 114-1989; amended 5-11-1993 by Ord. No. 145-1993]

The permittee shall, at all times, conduct the activities provided in the permit in compliance with the provisions of Title 25 of the Pennsylvania Code, Chapter 102, as amended from time to time.

[Added 9-12-1989 by Ord. No. 114-1989]

§ 90-10 Inspections.

The construction or installation of all improvements shall at all times be subject to inspection by either the Township Engineer (or his designee) or the Codes Enforcement Officer, depending upon the type of grading permit. The permittee shall notify either the Township Engineer or the Codes Enforcement Officer, whichever is applicable, at least 48 hours before any work is undertaken pursuant to an issued permit.

[Amended 9-12-1989 by Ord. No. 114-1989; 5-11-1993 by Ord. No. 145-1993]

Inspections will be carried out on a random basis, except as stated in Subsection D of this section.[1] A set of as-built plans shall be on file at the site and at the Township office at all times during the course of work carried out pursuant to the permit.

Editor's Note: Subsection D, of this section, regarding final inspections, was repealed 9-12-1989 by Ord. No. 114-1989.

Engineering check notes shall accompany all as-built plans which involve structural or mechanical measures and shall serve as supporting evidence that structures meet design standards and specifications as contained herein.

[2]The following shall apply to inspections relating to lot grading permits:

[Added 5-11-1999 by Ord. No. 1-1999; amended 10-12-1999 by Ord. No. 3-1999]

Without limiting the foregoing, the Codes Enforcement Officer shall inspect all on-lot erosion and sedimentation control facilities on a lot immediately prior to his inspection of a building or buildings under construction on such lot, in his capacity as Building Inspector under Chapter 45 of the East Bradford Township Code, to assure that the lot shall remain stabilized during all stages of construction and at the time of issuance of a certificate of occupancy.

In the event that the Codes Enforcement Officer, upon any such inspection, determines that the lot is not stabilized, he shall so advise the grading permit permittee and (if different) the building permit permittee and shall postpone the scheduled building inspection or (if applicable) the issuance of the certificate of occupancy until the lot has been stabilized.

During periods when seed germination can be obtained, no certificate of occupancy shall be issued until seeding and mulching and installation of matting has been effected in accordance with the specifications as shown on the approved plans.

Where the building(s) under construction are within a subdivision or land development for which a general grading permit has been issued, road access to any specific lot for which a certificate of occupancy is to be issued shall be paved and free from the potential of road bank erosion and the discharge of sediments onto or along the road or its shoulders. If the Codes Enforcement Officer has reasonable cause to believe that the drainage areas tributary to the road serving a lot to be occupied are not suitably stabilized or otherwise protected against the discharge of sediments, he shall so advise the Township Engineer who shall thereupon inspect those tributary areas. If, after such inspection, the Township Engineer concludes that there are disturbed areas that are not stabilized or otherwise protected against the discharge of sediments as required by this subsection and/or the approved erosion and sedimentation control plan, the Township shall have the right to invoke any remedies authorized under this subsection, including the refusal to issue any certificates of occupancy until the disturbed areas have been stabilized and reinspected.

[2]

Editor's Note: Former Subsection D, regarding final inspections, was repealed 9-12-1989 by Ord. No. 114-1989.

§ 90-11 Revocation or suspension of permit.

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:

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.

Violation of any other condition of the permit.

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 [1]]

Editor's Note: This ordinance also renumbered former Subsections C and D as Subsections D and E.

Violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation relating to the work.

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.

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]

§ 90-12 Permit expiration and renewal.

[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.

§ 90-13 Performance bond.

[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[1] with respect to public improvement guaranties.

Editor's Note: See Ch. 95, Subdivision and Land Development.

§ 90-14 Remedies.

If at any stage the work does not conform to the permit, including conditions thereof, or to the plans and specifications, including modifications thereof, or to the approved runoff and erosion control plan or for any violation of this chapter, a stop-work order may be issued by the Codes Enforcement Officer and/or the Township Engineer, and a written notice to comply shall be given to the permittee, or landowner if no permit has been issued. Such notice shall set forth the nature of corrections required and the time within which corrections shall be made.

[Amended 9-12-1990 by Ord. No. 114-1989; 8-8-2007 by Ord. No. 3-2007]

Upon failure to comply within the time specified, the permittee shall be considered in violation of this chapter and shall be subject to the following penalties and sanctions:

(a)

The Township, upon recommendation of the Township Engineer or Codes Enforcement Officer, whichever is applicable, and following hearings thereon, may revoke or suspend the subdivision and land development approval pursuant to which the work is being done, thereby prohibiting the conveyance of any lot in the subdivision.

[Amended 5-11-1993 by Ord. No. 145-1993]

(b)

The revocation of any building permit issued to the offending permittee and which has been issued pursuant to the permit and plans.

(c)

A prohibition on the issuance of any further building permits for any lots.

(d)

The financial security, if any, shall be forfeited and penalties shall be imposed under § 90-15 of this chapter.

The above-referenced sanctions shall be specified in the notice to comply provided above. Any and all remedies are cumulative, and the exercise of one shall not prohibit the exercise of any other remedies contained in either this subsection, this chapter or other applicable ordinances.

In addition to the above, if, during construction, the developer and/or the builder proceeds with construction that is not in compliance with the sequence of construction established by the approved plan, the Codes Enforcement Officer and/or the Township Engineer may verbally direct that work be halted until such time as the lapse in the sequence of construction is corrected and work is being completed according to the approved plan. Such verbal direction shall be confirmed in writing within 24 hours by issuance of a violation notice.

[Added 10-12-1999 by Ord. No. 3-1999]

Upon issuance of a first violation notice, if timely steps are not taken to complete the required remedies by the date specified in the notice, the Codes Enforcement Officer and/or the Township Engineer may issue a stop-work order on site activity until the specified remedies are undertaken.

[Added 10-12-1999 by Ord. No. 3-1999]

In the case of any paving, filling, stripping, grading or regrading; any disturbing, modifying, blocking or diverting the natural overland subsurface flow of 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 thereto, the proper Township authorities, in addition to other remedies provided by law, may institute any appropriate action or proceedings to prevent such unlawful activity; to restrain, correct or abate such violation; to prevent the use of the applicable premises; 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 this application, the Township may, after revoking such permit, proceed to complete such measures itself and recover the cost thereof from the permittee or his surety.

§ 90-15 Violations and penalties.

[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[1]]

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.