[HISTORY: Adopted by the Board of Supervisors of the Township
of Bethel 1-12-2000 by Ord. No. 143. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any activity which causes land to be exposed to the harmful
effects of erosion, including clearing, grading, filling, plowing,
discing or transporting.
The primary goal of this chapter is to regulate all land disturbance
activities in such a way to prevent accelerated erosion and resulting
sedimentation in order to protect the health, safety and welfare of
the residents of the Township and the general public. To accomplish
this, all persons engaged in land disturbance activities shall design,
implement and maintain erosion, sedimentation, and stormwater control
measures which effectively prevent accelerated erosion, sedimentation
and increased stormwater runoff. This chapter is also intended to
implement Title 25, Rules and Regulations, Part 1, Commonwealth of
Pennsylvania, Department of Environmental Protection, Subpart C, Protection
of Natural Resources, Article II, Water Resources, Chapter 102, Erosion
Control, as may be amended and supplemented.
Except as expressly set forth in this chapter to the contrary,
it shall be unlawful for any person, firm, corporation or other entity
to engage in activities which modify the natural or existing terrain,
alter stormwater runoff, disturb the topography and vegetation of
parcels of land within Bethel Township, without first complying with
the provisions of this chapter, including filing for and obtaining
a land disturbance permit.
A.
A land disturbance permit may be waived, by the Township, under this
chapter, for the following activities, provided that, in the opinion
of the Township Engineer or Code Enforcement Officer, the same will
be conducted in a manner that does not result in sedimentation or
runoff damage to surrounding properties. Notwithstanding the foregoing,
such activities, however, shall be subject to inspection, from time-to-time,
by the Township.
(1)
The use of land for gardening for consumption in the home.
(2)
Agricultural operations.
(3)
Any land grading activity or clearing done for the purpose of constructing
or installing new or additional impervious ground coverage in an amount
less than 750 square feet, provided that the proposed impervious surface
is located within the building envelope of the lot.
(4)
Any land grading or clearing activity where the total area disturbed
does not exceed 2,000 square feet when no improvements are to be constructed
or placed in or on the disturbed area. This provision shall not apply
in the event that the applicant seeks to disturb additional area within
12 months of the first disturbance, sought to be excepted hereunder.
(5)
Any land grading or clearing activity where the grade level is not
changed so as to alter the direction or increase the rate of stormwater
runoff.
B.
Individual lot grading permits shall be required for finally approved
and recorded subdivision and land development plans. Applicants may
submit plans to obtain permits for multiple lots at one time if they
so desire.
C.
The provisions of this section shall not except from the requirement
to obtain a grading permit, the construction or installation of in-ground
swimming pools.
D.
In all cases where a proposed activity does not require a grading permit under this section, the landowner shall at all times comply with the applicable provisions of this chapter and the soil erosion and sedimentation control provisions of Chapter 395, Subdivision and Land Development. All bare earth shall be promptly seeded, sodded or otherwise stabilized and effectively protected from soil erosion, in accordance with this chapter.
A.
Any person, firm or corporation proposing to engage in any clearing or grading activity within the Township, except those activities listed in § 254-4 of this chapter, shall first apply, in writing, for a grading permit under this chapter.
B.
The appropriate application/escrow fee, as established by resolution
of the Board of Supervisors, from time to time, shall accompany each
application.
C.
Applications for land disturbance permits may be issued subject to
the provisions of this chapter and other applicable rules, regulations
and other Township ordinances.
D.
The applicant agrees by submission of an application under this chapter,
that the Township and its authorized agents and employees shall be
permitted to enter upon the property to inspect grading or land disturbance
activity (whether or not it is determined that a permit is necessary)
for purposes of ensuring compliance with this chapter and other ordinances
of the Township or ordinances enforced by the Township.
E.
The land disturbance application shall be submitted to the Bethel
Township Code Enforcement Officer.
F.
The review time for the land disturbance permit will follow the procedures
as set forth in the building permit application process.
G.
The permit application and plans shall be reviewed by the Township
Engineer. The Township Engineer shall perform the review within 14
calendar days of receipt of the application from the Building Inspector.
Follow-up reviews shall be performed within seven calendar days of
any resubmittal.
H.
Upon approval of a lines and grades plan, the Township Engineer shall
forward a copy of the approved plans to the Township Building Inspector.
The following information shall be provided to the Township
at the time of application for a land disturbance permit:
A.
Five copies of the lines and grades plan shall be submitted at the
time of land disturbance permit application and shall contain the
following minimum information:
(1)
Residential or commercial building construction.
(a)
The plans shall be drawn at a scale of one inch equals 40 feet
for lots larger than 20,000 square feet and one inch equals 20 feet
for lots smaller than 20,000 square feet.
(b)
Property boundary shall be accurately drawn to scale and labeled
with metes and bounds.
(c)
The location, width, and grades of abutting streets.
(d)
Existing contours at a maximum two-foot contour interval.
(e)
Accurately drawn to scale foundation footprint of the proposed
structure.
(f)
Proposed driveway location.
(g)
Location of proposed sanitary sewer lateral (if applicable).
(h)
Location of water service line.
(i)
Proposed contours.
(k)
Driveway grade.
(l)
Swale locations and spot elevations at critical points within
swale.
(m)
Top of foundation wall elevation.
(n)
North arrow.
(o)
Plan title referring to development and lot number, or applicant.
(p)
Graphic scale.
(q)
Flood zone.
(r)
Wetlands.
(s)
Reference to any notes, easements, or restrictions on an approved
subdivision plan that affects the subject lot.
(t)
Applicable zoning regulations including yard setbacks.
(u)
Appropriate erosion and sedimentation controls not limited to
silt fence, tire scrubbers, straw bails, stone filters, sediment traps,
sedimentation basins, seeding specifications, stabilization specifications,
de-silting facilities, construction narratives, etc.
(v)
Stormwater management facilities if required by the Township
Engineer.
(2)
Other land disturbance activity.
(a)
The plans shall be drawn at a scale of one inch equals 40 feet
for lots larger than 20,000 square feet and one inch equals 20 feet
for lots smaller than 20,000 square feet.
(b)
Property boundary shall be accurately drawn to scale and labeled
with metes and bounds.
(c)
The location of abutting streets.
(d)
Existing contours at a maximum two-foot contour interval.
(e)
Proposed land disturbance and/or improvements accurately drawn
to scale.
(f)
Proposed contours.
(g)
Spot elevations at appropriate locations.
(h)
Swale locations and spot elevations at critical points within
swale.
(i)
North arrow.
(j)
Graphic scale.
(k)
Flood zone.
(l)
Wetlands.
(m)
Reference to any notes, easements, or restrictions on an approved
subdivision plan that affects the subject lot.
(n)
Applicable zoning regulations including yard setbacks.
(o)
Appropriate erosion and sedimentation controls not limited to
silt fence, tire scrubbers, straw bails, stone filters, sediment traps,
sedimentation basins, seeding specifications, stabilization specifications,
de-silting facilities, construction narratives, etc.
(p)
Stormwater management facilities if required by the Township
Engineer.
A.
The permittee, who shall be the landowner of record identified in
the application, shall be responsible for any property damage or personal
injury which occurs in the performance of any activity under a land
disturbance permit, or other land disturbance or clearing activity,
when no permit is required.
B.
No person, firm, corporation or entity shall modify, fill, excavate,
pave, grade or regrade or otherwise disturb land within the Township,
in any manner as to endanger or damage public or private property,
or to cause physical damage or personal injury. All precautions shall
be taken to prevent any damage to adjoining streets, sidewalks, buildings
and other structures which could be caused by settling, cracking,
soil erosion or sediment deposition.
C.
No person, firm, corporation or entity shall fail to adequately maintain
in good operating order any drainage facility on his premises. All
watercourses, drainage ditches, culverts, drain pipes and drainage
structures shall be kept open and free flowing at all times.
D.
All graded surfaces shall be seeded, sodded, planted or otherwise
protected from erosion within 20 days, weather permitting, and shall
be watered, tended and maintained until growth is well established.
The disturbed area and duration of exposure shall be kept within the
identified limits of disturbance.
E.
Final grading shall provide a downward slope away from the house
along all foundation walls.
F.
The design, installation and maintenance of erosion and sediment control measures shall be accomplished in accordance with standards and specifications established by Chapter 395, Subdivision and Land Development, and the Delaware County Soil Conservation District.
G.
Approved land disturbance permits shall be valid for a period of
one year from the date of approval. Extension may be granted upon
review and determination by the Township Engineer. All requests shall
be in writing.
A.
All inspections shall be performed by the Township Engineer, Code
Enforcement Officer or other qualified person acceptable to the Township.
B.
An initial inspection(s) to verify compliance with the installation
of the preliminary soil erosion and sedimentation control measures
such as silt fence, a stabilized construction entrance and other facilities
shown on the grading permit plans that are required to be installed
before earthmoving begins shall be completed prior to issuance of
a building permit. The Township may also perform an inspection(s)
to verify that tree-protection measures and controls are in place
in accordance with the grading permit.
C.
Interim inspections during the course of construction may be conducted
on a random basis as determined by the Township, to ensure that all
required controls are in place and functioning as designed.
D.
A final inspection shall be conducted by the Township Engineer or Code Enforcement Officer to certify compliance with this chapter regarding grading. Compliance with this chapter and Chapter 395, Subdivision and Land Development, shall be necessary before issuance of an occupancy permit.
E.
If any work authorized by the Township under this chapter, under
a land disturbance permit or otherwise remains uncompleted, and the
permittee shall request a certificate of occupancy from the Township,
a temporary certificate of occupancy may be issued, provided that
said temporary certificate contains a written list of uncompleted
items, is not valid for more than 30 days from the date of issuance
and is acknowledged by the signature thereon of the permittee. In
addition, the permittee shall post additional escrow with the Township
sufficient to satisfy the cost of competing the uncompleted items
listed on the temporary certificate. No permanent certificate of occupancy
shall be issued until all of the uncompleted items shall have been
completed.
F.
In the event that the permittee fails to satisfy the uncompleted
items within the time stated on the temporary certificate, the Township
may, in addition to any other remedies available to it in law or equity,
draw upon said escrow funds and cause the outstanding items to be
completed.
A.
An application/escrow fee, as established by resolution of the Board
of Supervisors, from time to time, shall accompany each application
submitted to the Township, under this chapter. Said fee shall be for
cost of processing the application as well as the establishment of
an escrow fund to ensure proper completion (including inspection)
of the work proposed under the application. In the event that the
initial escrow is not sufficient, the Township may require that additional
escrow be posted.
B.
Occupancy permits may be withheld by the Township in the event that
the payment of fees under this chapter are outstanding at the time
of application for the occupancy permit.
Any permit issued under this chapter may be revoked or suspended
by the Board of Supervisors of the Township 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 extension as may be granted by the Township
Engineer.
B.
Violation of any other condition of the permit.
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 endangerment to human life or the property
of others.
A.
Upon determining the violation has, or is, occurring, and except
as otherwise provided in this chapter, the Township Code Enforcement
Officer shall issue a notice of violation ("notice"), and the Board
of Supervisors may impose a civil penalty in an amount not to exceed
$600 upon the violator.
B.
Where the violation may be corrected in whole or in part by the payment
of a civil penalty and the violator pays the prescribed civil penalty
within 15 days of the date on the notice, the civil penalty is to
be reduced by a sum equal to 50% of the stated civil penalty. Where
the violation requires corrective action (or cessation of action)
by the violator and the violator takes such action (or ceases such
action) within the time established therefor, there shall be no civil
penalty assessed.
C.
In the event that the notice is not complied with as and within the
time set forth in the notice, the Township may initiate a civil enforcement
proceeding before a Magisterial District Judge, by complaint or other
such means as may be provided by the Pennsylvania Rules of Civil Procedure.
In addition to or in lieu of civil actions before a Magisterial District
Judge, the Township may enforce the chapter in an equity proceeding
in the County Court of Common Pleas, as set forth in this section.
D.
In any case where a penalty for a violation of the above has not
been timely paid and the person upon whom the penalty was imposed
is found to have been liable therefor in civil proceedings, the violator
shall be liable for the penalty imposed, including additional daily
penalties for continuing violations, plus court costs and reasonable
attorney fees incurred by the Township in the enforcement proceedings.
E.
Each day or portion thereof that the violation shall be found to
exist, or each section of the chapter which is found to have been
violated shall give rise to a separate offense under said chapter.
In case of any violation of this chapter, including, but not
limited to, paving, filling, stripping, grading or regrading; any
disturbing, modifying, blocking or diverting the natural overland
or subsurface flow of stormwater; or any construction, erection and
installation of any dam, ditch, culvert, drain pipe, 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;
or to prevent the use of the applicable premises. In addition, upon
the failure of any permittee to complete the control measures specified
in his application, the Township may revoke such permit and may proceed
to complete such measures itself, and recover the cost thereof from
the permittee or his surety.
The provisions of this chapter shall be and are hereby incorporated by reference in Chapter 395, Subdivision and Land Development, as if set forth at length therein.
