[Amended 9-11-2000 by Ord. No. 7-2000; 6-25-2001 by Ord No. 4-2001; 4-9-2007 by Ord. No. 6-2007]
The objectives of this article are as follows:
A.
To regulate stormwater runoff, erosion and sedimentation
to protect and preserve surface waters and groundwaters of the Township
and to protect the health, safety and general welfare of Township
residents.
B.
To maintain or improve year-round flows and water
quality in all streams and watercourses of the Township.
C.
To control runoff, erosion and sedimentation through
measures that are on site or situated as close as possible to where
stormwater falls on the land.
A.
The management of stormwater on the site, both during
and upon completion of the disturbances associated with the proposed
subdivision or land development, shall be accomplished in accordance
with the standards and criteria of this article. The design of any
temporary or permanent facilities and structures and the utilization
of any natural drainage systems shall be in full compliance with this
article and the interpretations of the Township Engineer.
B.
At the time of application for a building permit for
any approved lot created by a subdivision and/or improved as a land
development project, issuance of the permit shall be conditioned upon
adherence to the terms of this article.
C.
Permit and approval requirements.
[Amended 12-16-2013 by Ord. No. 5-2013]
(1)
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.
(2)
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:
(a)
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.
(b)
Work within natural drainage ways subject to permit by PADEP under Title 25 Pennsylvania Code Chapter 105.
(c)
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.
(d)
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.
D.
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.
F.
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]
G.
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.
H.
The following references should also be consulted
for additional design criteria and procedures for proper soil erosion
and sediment control design and installation:
(1)
Erosion and Sediment Pollution Control Program Manual.
Pennsylvania Department of Environmental Protection, Bureau of Soil
and Water Conservation, April 1990.
(2)
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.
(3)
Environmental Protection Handbook. Chester County
Conservation District, West Chester, PA 19380.
(4)
Guidelines for Erosion and Sediment Control Planning
and Implementation. EPA-R2-72-015, August 1972. United States Government
Printing Office, Washington, D.C. 20402.
(5)
Design Procedures for Rainfall Duration Frequency
in Pennsylvania, Publication 65, Institute for Research in Land and
Water Resources, Pennsylvania State University, August 1970.
(6)
Pennsylvania Handbook of Best Management Practices
for Developing Areas, Spring 1998, or as amended.
I.
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.
J.
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).
K.
In addition, under 25 Pennsylvania Code Chapter 92,
a DEP NPDES construction activities permit is required for regulated
earth disturbance activities.
L.
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.
M.
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.
N.
Additional erosion and sediment control design standards
and criteria are recommended to be applied where infiltration BMPs
are proposed. They shall include the following:
(1)
Areas proposed for infiltration BMPs shall be protected
from sedimentation and compaction during the construction phase to
maintain maximum infiltration capacity.
(2)
Infiltration BMPs shall not be constructed nor receive
runoff until the entire drainage area contributory to the infiltration
BMP has achieved final stabilization.
B.
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:
(1)
A narrative summary of the project, including:
(a)
General description of the project.
(b)
General description of accelerated erosion control.
(c)
General description of sediment control.
(d)
General description of stormwater management,
both during and after construction.
(e)
Date project is to begin and expected date final
stabilization will be completed, including any proposed phasing of
the project if applicable.
(f)
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.
(2)
Mapping of various physical features of the project
area, both existing and proposed, including:
(a)
The location of the project relative to highways,
municipal boundaries and other identifiable landmarks.
(b)
Property lines of proposed project area.
(c)
Contour lines at vertical intervals of not more
than two feet.
(d)
Acreage or square footage of the project and
the total tract boundary expressed by metes and bounds.
(e)
Streams, lakes, ponds, drainage channels, or
other bodies of water within the subject property or within 50 feet
of any boundary of the property.
(f)
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.
(3)
Mapping of the soils and underlying geology of the
project area, including:
(4)
A map of proposed alterations to the project area,
including:
(a)
Changes to land surface and vegetative cover.
(b)
Areas of cuts.
(c)
Areas of fill.
(d)
Structures, roads, paved areas and buildings.
(e)
Proposed stormwater control facilities.
(f)
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.
(6)
Temporary control measures and facilities for use
during earthmoving, in both map and narrative form, including:
(a)
Purpose.
(b)
Temporary facilities or other soil stabilization
measures to protect existing trees and shrubs from earthmoving activities.
(c)
Types, locations and dimensioned details of
erosion and sedimentation control measures and facilities.
(d)
Design considerations and calculations of control
measures and facilities.
(e)
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:
(a)
Method of calculation and figures used (including
square footages for impervious surfaces of buildings, driveways, parking
areas, etc.).
(b)
Factors considered in the analysis.
(c)
Installation of improvements, including streets,
storm sewers, underground utilities, sewer and water lines, buildings,
driveways, parking areas, recreational facilities and other structures.
(d)
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:
(a)
Purpose and relationship to the objectives of
this chapter.
(b)
Establishment of permanent vegetation or other
soil stabilization measures.
(c)
Installation of infiltration facilities, rooftop
storage, cisterns, seepage pits, french drains, etc., to serve structures.
(d)
Types, locations and dimensioned details of
storage and conveyance.
(e)
Location of wells and septic tank leach fields.
(f)
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:
(a)
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.
(b)
The proposed ownership and financial responsibility for maintenance of the permanent control facilities in accordance with § 73-43 of this chapter.
(c)
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.
(a)
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."
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(b)
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
Cuts or fills may be made in a subdivision or land
development or individual site only under the following conditions:
(1)
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.
(2)
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.
(3)
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.
(4)
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.)
(5)
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.
(6)
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.
F.
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.
G.
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.
H.
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 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:
A.
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.
B.
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:
(1)
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:
(a)
There shall be no discharge of sediment or other
solid materials from the site as a result of stormwater runoff.
(b)
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.
(2)
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.
(4)
Stripping of vegetation, regrading or other development
shall be done in such a way that will minimize erosion.
(5)
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.
(6)
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.
C.
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:
(1)
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:
(a)
Stumps, ground cover and root mat must be left
intact until land development plans are approved and erosion and sedimentation
control facilities are installed.
(b)
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.
(c)
On slopes of 10% to 15%, logging will involve
the cutting or removal of less than 1/3 of even-aged and noncontiguous
trees.
(d)
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.
D.
Protection of adjacent property.
(1)
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.
(2)
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.
(3)
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.
(4)
If any soil, bedrock or other material or water or
liquid is caused to be deposited upon or to roll, flow or wash upon
any public property or right-of-way in violation of the above subsections,
the Township shall cause such removal and the cost of such removal
shall be paid to Willistown Township by the person who failed to so
remove the material and shall be a debt due the Township. The cost
of such removal shall be a lien on all property and all rights to
property, real or personal, of any person liable to pay the same from
and after the time said cost is due and payable. The cost of such
removal shall be collected in the manner of said taxes or from escrow
funds established for the land development activity.
E.
Notwithstanding the objectives, provisions and requirements
of this chapter and those of all other applicable federal, state,
county or Township regulations, all persons directly or indirectly
involved in earthmoving activities must comply with all current applicable
regulations regarding erosion and sediment control and are liable
for damages to property of others where said damages are a result
of those earthmoving activities.