Article IX Soil Erosion and Sediment Pollution Control

Permits and approvals issued pursuant to this article do not relieve the applicant of responsibility for securing other required permits for work to be done which is regulated by any other applicable code, rule, act or ordinance. This article shall not preclude the inclusion in such other permit of more stringent requirements concerning regulation of stormwater and erosion.

The following permit or other regulatory requirements may apply to certain regulated activities and shall be met prior to (or as a condition of) final approval by the Township of the SWM site plan and prior to commencement of any regulated activities, as applicable:

All regulated activities subject to permit or regulatory requirements by PADEP under regulations at Title 25 Pennsylvania Code Chapter 102, or erosion and sediment control requirements of the Township.

Work within natural drainage ways subject to permit by PADEP under Title 25 Pennsylvania Code Chapter 105.

Any BMP or conveyance that would be located in or adjacent to surface waters of the commonwealth, including wetlands, subject to permit by PADEP under Title 25 Pennsylvania Code Chapter 105.

Any BMP or conveyance that would be located on or discharge to a state highway right-of-way, or require access to or from a state highway and be subject to approval by PennDOT.

Culverts, bridges, storm sewers, or any other facilities which must pass or convey flows from the tributary area and any facility which may constitute a dam subject to permit by PADEP under Title 25 Pennsylvania Code Chapter 105.

It shall be unlawful for any person, landowner, business or corporation to undertake the construction of any building, structure, utility line, storm sewer line or vehicular accessway or to undertake any earthmoving activities which disturb over 5,000 square feet of surface area without developing, implementing and maintaining erosion and sediment pollution control measures and facilities that effectively minimize accelerated erosion and prevent sediment pollution to waters of this commonwealth. These controls shall be contained in an erosion and sedimentation control plan that meets the requirements of this chapter, as well as the Department of Environmental Protection Chapter 102, Erosion Control Regulations. A copy of the erosion and sedimentation control plan must be available at the earthmoving site at all times. Upon the recommendation of the Township Engineer, the requirements for an erosion and sedimentation control plan can be waived at the discretion of the Township under circumstances where erosion and sediment control will have no effect on surrounding properties.

A soil erosion and sedimentation control permit shall be required prior to any construction for all proposed land disturbance, as noted in Chapter 109, Soil Erosion and Sedimentation Control, §§ 109-3 and 109-4 of this Code, except as provided in §§ 109-2D and E.

A National Pollutant Discharge Elimination System (NPDES) permit or a general permit shall be required from the Pennsylvania Department of Environmental Protection (PA DEP) for all construction activity involving one or more acres of earthmoving. A PA DEP earth disturbance permit or a waiver of the same will be required from the PA DEP for all land development sites involving 25 or more acres of earthmoving as related to silvicultural (forestry) activities. For all projects that exceed one acre of proposed disturbance, a review of the soil erosion and sediment control design and procedures by the Chester County Conservation District shall be required. If an NPDES permit for stormwater discharges associated with construction activities was required for the regulated activity, a notice of termination (NOT) approval must be obtained upon completion of construction prior to final approval of the project by the Township. A letter of adequacy from the Conservation District or other approval from PADEP in compliance with Chapter 102 of Title 25 of the Pennsylvania Code of an Erosion and Sediment Control Plan for construction activities for projects where the area of disturbance exceeds one acre, where pond dredging is involved, or when the disturbance is associated with activities described under Chapter 105 of Title 25 of the Pennsylvania Code permits.

[Amended 12-12-2022 by Ord. No. 3-2022]

No land or waterway shall be used or modified, no earth shall be disturbed, stripped or moved and no structure or other impervious surface shall be built or extended on a particular property without full compliance with the terms of this article and other applicable regulations, as noted herein.

The following references should also be consulted for additional design criteria and procedures for proper soil erosion and sediment control design and installation:

Erosion and Sediment Pollution Control Program Manual. Pennsylvania Department of Environmental Protection, Bureau of Soil and Water Conservation, April 1990.

Chapter 102, Erosion Control, part of Title 25. Rules and Regulations, Part I, Department of Environmental Protection, Subpart C, Protection of Natural Resources, Article II, Water Resources, adopted September 21, 1972.

Environmental Protection Handbook. Chester County Conservation District, West Chester, PA 19380.

Guidelines for Erosion and Sediment Control Planning and Implementation. EPA-R2-72-015, August 1972. United States Government Printing Office, Washington, D.C. 20402.

Design Procedures for Rainfall Duration Frequency in Pennsylvania, Publication 65, Institute for Research in Land and Water Resources, Pennsylvania State University, August 1970.

Pennsylvania Handbook of Best Management Practices for Developing Areas, Spring 1998, or as amended.

No regulated earth disturbance activities within the Township shall commence until the Township receives an approval from the conservation district of an erosion and sediment control plan for construction activities.

DEP has regulations that require an erosion and sediment control plan for any earth disturbance activity of 5,000 square feet or more, under 25 Pennsylvania Code § 102.4(b).

In addition, under 25 Pennsylvania Code Chapter 92, a DEP NPDES construction activities permit is required for regulated earth disturbance activities.

Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate DEP regional office or county conservation district must be provided to the Township.

A copy of the erosion and sediment control plan and any required permit, as required by DEP regulations, shall be available on the project site at all times.

Additional erosion and sediment control design standards and criteria are recommended to be applied where infiltration BMPs are proposed. They shall include the following:

Areas proposed for infiltration BMPs shall be protected from sedimentation and compaction during the construction phase to maintain maximum infiltration capacity.

Infiltration BMPs shall not be constructed nor receive runoff until the entire drainage area contributory to the infiltration BMP has achieved final stabilization.

§ 73-48 Conservation plan.

As part of the conservation plan requirements of Article III, Conservation Plan Requirements, erosion and sedimentation control plans shall be developed in accordance with the standards noted in this article at § 73-37C, as well as the Department of Environmental Protection Chapter 102 regulations.

A required element of any conservation plan shall not only be a plan for the control of erosion and sedimentation but also for stormwater management. Any preliminary and final plan for subdivision or land development must be accompanied by a stormwater management plan; contents of the submitted plan shall reflect discussion by the applicant with the Township Engineer. The minimum components of the plan are as follows:

A narrative summary of the project, including:

General description of the project.

General description of accelerated erosion control.

General description of sediment control.

General description of stormwater management, both during and after construction.

Date project is to begin and expected date final stabilization will be completed, including any proposed phasing of the project if applicable.

The name of the development, the name and address of the owner of the property, and the name and address of the individual or firm preparing the plan.

Mapping of various physical features of the project area, both existing and proposed, including:

The location of the project relative to highways, municipal boundaries and other identifiable landmarks.

Property lines of proposed project area.

Contour lines at vertical intervals of not more than two feet.

Acreage or square footage of the project and the total tract boundary expressed by metes and bounds.

Streams, lakes, ponds, drainage channels, or other bodies of water within the subject property or within 50 feet of any boundary of the property.

Other significant natural features, including existing drainage swales, woodland or tree masses and areas of trees and shrubs to be protected during construction.

(g)

Proposed location of underground utilities, sewer and/or water lines.

(h)

Scale of map and North arrow.

(i)

Existing roads and easements.

Mapping of the soils and underlying geology of the project area, including:

Soil types, including depth, slope, texture, structure and locations.

Geologic formations, as described in Chester County Geology published by the Chester County Planning Commission, underlying the project area and extending 50 feet beyond all property boundaries.

A map of proposed alterations to the project area, including:

Changes to land surface and vegetative cover.

Areas of cuts.

Areas of fill.

Structures, roads, paved areas and buildings.

Proposed stormwater control facilities.

Finished contours at vertical intervals of not more than two feet for land with an average slope of 25% or less and at intervals of not more than five feet for land with an average slope exceeding 25%.

(g)

Limits of earth disturbance must be clearly delineated on plans and the total limit of disturbance must be noted on the plan as an amount expressed in acres.

The staging of earthmoving activities, described in the narrative, including:

Cover removal, including all cuts and fills.

Installation of erosion and sediment control facilities and practices.

Temporary control measures and facilities for use during earthmoving, in both map and narrative form, including:

Purpose.

Temporary facilities or other soil stabilization measures to protect existing trees and shrubs from earthmoving activities.

Types, locations and dimensioned details of erosion and sedimentation control measures and facilities.

Design considerations and calculations of control measures and facilities.

Facilities to prevent tracking of mud by construction vehicles onto existing roadways.

(7)

Calculations and description of the amount of runoff from the project area and the upstream watershed area, in accordance with the terms of Article VIII, Stormwater Management, § 73-37, of this chapter, including:

Method of calculation and figures used (including square footages for impervious surfaces of buildings, driveways, parking areas, etc.).

Factors considered in the analysis.

Installation of improvements, including streets, storm sewers, underground utilities, sewer and water lines, buildings, driveways, parking areas, recreational facilities and other structures.

Program of operations to convert erosion and sedimentation controls to permanent stormwater management facilities, including a chart of the relative time sequence of activities.

(8)

Permanent stormwater management program (indicating, as appropriate, measures for groundwater recharge) and facilities for site restoration and long-term protection, in both map and narrative form, including:

Purpose and relationship to the objectives of this chapter.

Establishment of permanent vegetation or other soil stabilization measures.

Installation of infiltration facilities, rooftop storage, cisterns, seepage pits, french drains, etc., to serve structures.

Types, locations and dimensioned details of storage and conveyance.

Location of wells and septic tank leach fields.

Design considerations and calculations supporting the stormwater management program.

(9)

A narrative description of the maintenance procedures for both temporary and permanent control facilities and of ownership arrangements, including:

The methods and frequency of removal of and ultimate disposal site for sediment and other materials removed from control facilities, both during and upon completion of the project.

The proposed ownership and financial responsibility for maintenance of the permanent control facilities in accordance with § 73-43 of this chapter.

A note on the plan indicating the location and responsibility for maintenance of stormwater management facilities that would be located off site. All off-site facilities shall meet the performance standards and design criteria specified in this article.

(10)

Certification and revisions to the conservation plan.

The following signature block for the design engineer:

"I, (Design Engineer), on this date (date of signature), hereby certify that the Conservation Plan meets all design standards and criteria of the Willistown Township Environmental Protection Ordinance, Chapter 73."

§ 73-49 Site grading and erosion control.

A statement, signed by the applicant, acknowledging that any revision to the approved conservation plan must be approved by the Township, and that a revised conservation plan (erosion and sediment control plan component) must be submitted to the conservation district for a determination of adequacy.

The requirements of the Willistown Township Soil Erosion and Sedimentation Control Ordinance (Chapter 109 of this Code) shall be complied with, as well as the regulations outlined in Chapter 102, Erosion Control, of the PA DEP, which compliance shall include but not be limited to the following provisions, and, to the extent that the following provisions may exceed the requirements of the aforesaid ordinance, the following provisions shall control:

Prior to the approval of any grading plan by Willistown Township, a conservation plan (erosion and sediment control plan component) must be submitted to and approved by the Township and, if the disturbed area exceeds one acre, also to the County Conservation District. Applicants are encouraged to incorporate the concepts of conservation design and low-impact development, as discussed in Appendix D[1] of this chapter, into site grading and control plans. Such concepts reduce costly cutting, filling and compaction and provide positive opportunities for infiltration of stormwater and control of erosion.

[1]

Editor's Note: Appendix D is included at the end of this chapter.

The owner shall not modify, fill, excavate or regrade 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 or other physical damage or personal injury which might result.

The owner shall not deposit or place any debris or any 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.

All plans and specifications accompanying applications shall include provisions for both interim (temporary) and ultimate (permanent) erosion and sediment control in accordance with applicable Township, county and state laws and regulations. In the case of any structure, basin or other device required in connection with ultimate (permanent) erosion and sediment control, provisions shall be made for the permanent maintenance of any such structure, basin or other device.

Cuts or fills may be made in a subdivision or land development or individual site only under the following conditions:

The finished slope of a cut shall not exceed one foot vertical to two feet horizontal, and the finished slope of fill shall not exceed one foot vertical to three feet horizontal (depending on soil types), and such slope is immediately stabilized with temporary and permanent grasses, other vegetation and mulching as required.

Where the face of a cut is stone, the cut may exceed one in two if the Township Engineer determines that the rock face will not be subject to erosion and constitute a safety hazard.

For any slope exceeding one foot vertical to two feet horizontal which does not consist of stable rock fill, the Township Engineer shall require retaining walls or terraces appropriate to the degree of hazard.

No fill shall be permitted within any wetlands area or within 20 feet of a stream bank except for the construction of a road crossing. (It is further understood that Township floodplain regulations and PA DEP's wetlands and encroachment regulations may further restrict such fills.)

Natural and existing slopes exceeding one foot vertical to five feet horizontal shall be benched or continuously stepped into competent materials where vertical cut exceeds 10 feet prior to placing all classes of fill.

§ 73-50 Grading and preservation of topsoil.

Fills toeing out on natural slopes steeper than one foot vertical to four feet horizontal shall not be made, unless approved by the Township after receipt of a report, deemed acceptable by the Township Engineer, by a soil engineer certifying that he has investigated the property and made 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 developer.

A construction vehicle entrance shall be provided where an access driveway or future road intersects an existing public right-of-way. The construction entrance shall consist of AASHTO No. 1 stone placed on a suitable geotextile fabric which extends a minimum length of 50 feet and a minimum width of 20 feet. The entrance shall be installed prior to the start of any earthmoving activities.

All cut or fill areas shall, within 15 days of completing the cut or fill operation, be brought to final grade and stabilized with temporary or permanent grasses or other materials appropriate to the time of disturbance and the site conditions.

Whenever fill is added, vegetation is stripped or no established vegetation exists on slopes exceeding 8%, the Township Engineer may require the installation of temporary diversion channels and berms above and below unstabilized areas at intervals appropriate to the percentage slope. In designing such diversions, consideration in locating them should be given to their usefulness in controlling sediment from areas to be excavated later for structures and to their potential conversion to permanent diversion or detention facilities. Care shall be taken to avoid destruction of trees and shrubs when designing and installing these facilities. Discharge from the channels shall be directed to detention basins unless the stormwater design allows for the runoff to bypass the proposed drainage facility.

All activities involving the removal of topsoil from a site or grading thereto shall be in conformance with Article II, Conservation Practices, § 73-8.

§ 73-51 Soil erosion and sedimentation control measures.

All activities involving land disturbance, whether or not a plan is prepared or a permit obtained in accordance with this article, shall be consistent with the following performance standards:

All land disturbance activities shall be conducted in such a way as to prevent accelerated erosion and resulting sedimentation. To accomplish this, all persons engaged in land disturbance activities shall design, implement and maintain erosion and sedimentation control measures which effectively prevent accelerated erosion and sedimentation.

In order to prevent accelerated erosion and resulting sedimentation, land disturbance activities related to construction (including but not limited to construction of buildings and other structures) and to paving activities shall be conducted only in conformance with the following principles:

Prior to the period of earthmoving and, in the case of subdivisions or land developments, prior to the completion of roads, parking areas, buildings and other improvements and the establishment of vegetation or soil stabilization measures, appropriate facilities shall be installed to ensure the following:

There shall be no discharge of sediment or other solid materials from the site as a result of stormwater runoff.

During the period of earthmoving, peak discharges and discharge volumes from the site shall comply with Article VIII, Stormwater Management, § 73-37A and B, and, where applicable, Article VIII, § 73-37C, with the following exception and additions:

[1]

Any person conducting a business or personal venture involving periodic or regular earthmoving (quarrying, topsoil removal, etc., but not exempted agricultural operations) shall calculate runoff for facility design based upon runoff before earthmoving and runoff during the maximum period of exposure.

[2]

Wherever soils, topography or other conditions suggest substantial erosion potential during subdivision and land development or earthmoving, the Township as recommended by the Township Engineer may require that the entire volume of a two-year storm be retained on site or that special sediment-trapping facilities be installed.

No earthmoving or stripping of vegetation shall be conducted in areas of greater than 25% slope unless specific approval is obtained from the Board of Supervisors after having consulted with the Township Engineer.

Earthmoving and the addition of fill will be minimized to preserve the natural features and existing topography and shall be conducted in accordance with §§ 73-44 and 73-50.

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

To the maximum extent practical, natural vegetation shall not be removed, except as provided in this chapter, in the approved final subdivision or land development plan or on the zoning permit. The stockpiling of soil over the roots of trees to be preserved is prohibited within the dripline of the tree. Applicants are encouraged to incorporate the concepts of minimum disturbance/minimum maintenance as part of other erosion and sedimentation measures.

The amount of disturbed area and the duration of exposure shall be kept to a practical minimum.

(7)

The permanent (final) vegetative and structural erosion control and drainage measures shall be installed as soon as practical.

(8)

Sediment in runoff water shall be trapped and periodically removed in accordance with § 73-49D through means approved by the Township Engineer to assure adequate capacity in the basins or traps.

(9)

Soils or geologic formations with water supply potential shall be protected from the use of fill containing any material which represents a potential contamination hazard to groundwater.

(10)

All reasonable measures shall be taken to protect the flow of natural springs from being directly or indirectly affected by land grading or other site improvements.

(11)

Procedures for protecting vegetation and topsoil during construction activities shall be established as outlined in Article II, Conservation Practices.

(12)

Such other requirements or exceptions as are consistent with these terms in the foregoing principles may be imposed or allowed by the Township Engineer.

To prevent accelerated erosion and resulting sedimentation, land disturbance activities relating to logging and woodcutting operations shall be conducted only in conformance with the following principles:

Logging and woodcutting operations. All logging or woodcutting operations conducted with or prior to a land development shall be conducted only in conformance with the following principles and standards:

Stumps, ground cover and root mat must be left intact until land development plans are approved and erosion and sedimentation control facilities are installed.

Methods for removal of logs and the removal routes shall be specified in a plan, approved by the Township Engineer, and shall not include traversing slopes which exceed 20% at more than the minimum gradient possible.

On slopes of 10% to 15%, logging will involve the cutting or removal of less than 1/3 of even-aged and noncontiguous trees.

On slopes exceeding 25%, logging and woodcutting shall be by specific approval of the Board of Supervisors and shall be limited to highly selected removal of trees. Maximum precautions shall be taken to avoid destruction or injury of understory brush and trees.

Protection of adjacent property.

If, in the opinion of the Township Engineer, the nature of the earthmoving is such as to create a hazard to life or property if not adequately safeguarded, the applicant shall construct walls, fences, guardrails or other structures as required to safeguard the public street, sidewalk, alley or other public property and persons.

No person shall dump, move or place any soil, bedrock or other material or divert or increase the flow of water so as to cause the same to be deposited upon or roll, flow or wash upon or over the premises of another without the express consent of the owner of such premises so affected or upon or over any public street, street improvement, road, storm sewer drain, watercourse or right-of-way or any public property.

No person shall, when hauling soils, bedrock or other material over any public street, road, alley or public property, allow such material to blow or spill over and upon such street, road, alley or public property or adjacent private property.