[HISTORY: Adopted by the Board of Commissioners
of the Township of Springfield 6-14-1978 by Ord. No. 674.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Excavations — See Ch. 29.
Subdivision of land — See Ch. 95.
Watercourses and drainage facilities — See Ch. 111.
Zoning — See Ch. 114.
[1]
Editor's Note: This ordinance repealed former
Ch. 28, Erosion and Sedimentation Control, adopted 11-11-1970 by Ord.
No. 599.
It is the intent of this chapter to establish
rules and regulations governing the modification of natural terrain,
the alteration of drainage and the maintenance of artificial structures
and surfaces, and to provide stormwater management so as to reduce
flooding, to control erosion and sedimentation and to assure the public
health, safety and general welfare in Springfield Township.
This chapter will regulate certain grading,
paving, earth disturbing and alteration of drainage within the Township
of Springfield, Montgomery County, Pennsylvania, and establish the
requirements of notification of the Township Engineer when such activities
are contemplated and the submission of stormwater management and/or
erosion control plans when required.
A.
Word usage. Words in the singular number include the
plural, and words in the plural number include the singular; the present
tense includes the future; the word "building" shall be deemed to
include the word "structure." An individual shall be deemed to include
any person, group of persons and/or partnership or corporation.
B.
CUT
DISCHARGE
EARTH-DISTURBANCE ACTIVITY
EROSION
FILL
(1)
(2)
(3)
LAND DEVELOPMENT
(1)
(2)
RUNOFF
SEDIMENTATION
SLOPE
SOIL STABILIZATION
STORMWATER MANAGEMENT FEATURE (FACILITY)
(1)
(2)
STORMWATER MANAGEMENT SYSTEM
SUBDIVISION
(1)
(2)
Definitions. Unless otherwise expressly stated, the
following words shall, for the purposes of this chapter, have the
meanings herein stated:
An excavation; the difference between a point on the original
ground and a designated point of lower elevation on the final grade;
also, the material removed in excavation.
The outflow of water, silt or other mobile substances passing
along a conduit, watercourse or channel or released from any type
of detention or stormwater management feature.
Certain paving, filling, stripping, grading, regrading, cutting,
removal of vegetation or natural ground covers, excavation, digging
or earth moving undertaken by an individual on private or public property
as hereinafter set forth.
The processes by which soil particles are detached and transported
by action of natural forces.
The act by which earth, sand, gravel, rock or
any other material is deposited in a new location above the natural
surface of the ground or on top of the stripped surface, and shall
include the conditions resulting therefrom.
The difference in elevation between a point
on the original ground and a designated point of higher elevation
in the final grade.
The material used to make a fill.
The improvement of one or more lots, tracts
or parcels of land for any purpose involving a group of two or more
buildings or other improvements; or the division or allocation of
land by means of or for the purpose of streets, common areas, leaseholds,
building groups or other features.
A division of land into lots for the purpose
of conveying such lots, singly or in groups, to any person, partnership
or corporation for the purpose of erection of buildings or other improvements
by such persons, partnership or corporation.
That portion of the precipitation on a drainage area that
is discharged from the area. Types include surface runoff, surface
groundwater runoff and seepage.
The processes by which solid particles are deposited by the
action of natural forces.
The degree of deviation of a surface from the horizontal,
usually expressed in percentage or degrees. A steep slope shall be
considered any slope with a deviation of 15% or more.
Chemical, physical or structural treatment of a mass of soil
to increase or maintain its stability or otherwise improve its engineering
properties.
Any element in a stormwater management system which is made
or improved by man. Two special facilities of this nature are:
DETENTION PONDSBasins designed for storage of stormwater to reduce peak discharges. They are characterized by shorter detention periods, and are normally dry except for short periods following the storm event.
RETENTION PONDSBasins designed for impoundment of stormwater to reduce peak discharges. They are usually wet all of the time but are designed to store excess stormwater above the normal pool elevation. Release rates are usually more gradual over an extended period of time.
The facilities used for conducting stormwater to, through
or from a drainage area to the point of final outlet, including but
not limited to any of the following: conduits and appurtenant features,
canals, channels, swales, ditches, streams, culverts, streets, pumping
stations, ponds and basins.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, transfer of ownership of building
or lot. There are two categories of subdivision:
MINOR SUBDIVISIONA division or development of land involving no new streets or easements. These would include the division of one lot, parcel or tract into no more than four lots, or the readjustment of lot line on previously subdivided property.
MAJOR SUBDIVISIONAll other subdivisions that are not covered under the definition of a minor subdivision.
A.
The following activities will require the submission
of a plan and/or written proposal for minimizing erosion and sedimentation
to be approved by the Township Engineer unless there has been a determination
by the Township Engineer that such plans are not necessary:
(1)
Any earth-disturbance activity as herein defined.
B.
No land development plan shall be approved unless
there has been a plan approved by the Township Engineer that provides
for minimizing erosion and sedimentation consistent with this chapter
and, if required by the township, an improvement bond or other acceptable
securities are deposited within the township in the form of an escrow
guaranty which will ensure installation and completion of the required
improvements.
Measures used to control erosion and reduce
sedimentation shall, as a minimum, meet the standards and specifications
of the Montgomery County Soil and Water Conservation District. The
Township Engineer, or other officials as designated, shall ensure
compliance with the appropriate specifications, copies of which are
available from the District or the Municipal Building of Springfield
Township.
The following measures are effective in minimizing
erosion and sedimentation and shall be included where applicable in
the control plan:
A.
Stripping of vegetation, regrading or other development
shall be done in such a way that will minimize erosion.
B.
Development plans shall preserve salient natural features,
keep cutfill operations to a minimum and ensure conformity with topography
so as to create the least erosion potential and adequately handle
the volume and velocity of surface water runoff.
C.
Whenever feasible, natural vegetation shall be retained,
protected and supplemented.
D.
The disturbed area and the duration of exposure shall
be kept to a practical minimum.
E.
Disturbed soils shall be stabilized as quickly as
practicable.
F.
Temporary vegetation and/or mulching shall be used
to protect exposed critical areas during development.
G.
The permanent (final) vegetation and structural erosion
control and drainage measures shall be installed as soon as practical
in the development.
H.
Provisions shall be made to effectively accommodate
the increased runoff caused by changed soil and surface conditions
during and after development. Where necessary, the rate of surface
water runoff shall be structurally retarded.
I.
Sediment in the runoff water shall be trapped, until
the disturbed area is stabilized, by the use of debris drains, sediment
basins, silt traps or similar measures.
[Amended 11-13-1985 by Ord. No. 736]
The following activities will require the submission
of a stormwater management plan and proposal to control soil erosion
and sedimentation and an application for an earth-disturbance permit:
A.
Any earth-disturbance activity on a tract where 70%
of the tract is already covered with impervious surfacing and the
area being disturbed is at least 400 square feet or more.
B.
Any earth-disturbance activity or land development
plan, with the exception of minor subdivisions, where less than 70%
of the tract is covered with impervious surfacing, where the percentage
of area disturbed will be 20% or more of the total area of the tract
or 7,500 square feet, whichever is less.
C.
Any of the following earth-disturbance activities and those covered under § 28-8, where the Township Engineer has made the determination that such plans are necessary for the preservation of surrounding properties:
(1)
Where the total earth-disturbance activity is more
than 5,000 square feet and where the total existing impervious surface
is more than 40% of the tract.
(2)
On existing developed properties where the impervious
surface will be increased by 25%.
(3)
Any earth-disturbance activity, excavations or fill
on a property with previously approved stormwater management facilities.
(4)
Any earth-disturbance activity on a surface with a
deviation from the horizontal of 10% or more.
Any individual engaging in earth-disturbance
activity as herein defined or alteration of existing drainage patterns
within the township shall, before work has begun, notify the Township
Engineer of his intention to perform such activities, when these activities
involve:
A.
No plan or stormwater management facility shall be approved by the Township Engineer for any activity covered under this chapter unless it can show that during the storms and conditions specified in Subsection B there shall be no increase in stormwater peak discharge leaving the tract either during or after each disturbance activity covered under the plan.
B.
Plans and designs for stormwater management facilities which are submitted to the Township Engineer for approval shall be designed to provide for no increase in stormwater peak discharge as per Subsection A under the following conditions and storm frequencies:
(1)
Average antecedent moisture conditions.
(2)
A Type II distribution storm.
(3)
A five-year, twenty-four-hour storm of 4.2 inches
of rainfall.
(4)
A ten-year, twenty-four-hour storm of 5.0 inches of
rainfall.
(5)
A twenty-five-year, twenty-four-hour storm of 5.7
inches of rainfall.
(6)
A fifty-year, twenty-four-hour storm of 6.4 inches
of rainfall.
(7)
A one-hundred-year, twenty-four-hour storm of 7.3
inches of rainfall.
C.
All plans and designs for stormwater management facilities
submitted to the Township Engineer for approval shall determine stormwater
peak discharge and runoff by the use of the Soil Cover Complex Method
as set forth in the latest edition of Urban Hydrology for Small Watersheds,
Technical Release No. 55, and Hydrology National Engineering Handbook,
Section 4, both by United States Department of Agriculture, Soil Conservation
District.
D.
All natural streams, channels, drainage systems and/or areas of concentration of surface water shall be maintained in their existing condition unless alteration is approved by the Township Engineer. In any event, all encroachment activities shall comply with Title 25, Chapter 105, of the Regulations of the Department of Environmental Resources of the Commonwealth of Pennsylvania.
E.
Applicants for stormwater management permits shall
comply with those other plan requirements, Standards for Excavations
and Standards for Fills, which are on file in the Township Engineer's
office.
Any person or persons wishing to engage in activities
requiring stormwater management plan approval and permit must first
submit the following items:
A.
Fee. The applicant shall pay a fee of $25 per 1,000
square feet or part thereof of any site undergoing earth-disturbing
activities, provided that the minimum fee for any site shall not be
less than $100. This fee schedule is subject to revision by the Board
of Commissioners either by ordinance or by resolution.
[Amended 8-12-1981 by Ord. No. 705]
B.
Conditions upon issuance. In granting any permit,
the Township Engineer may attach such conditions thereto as he may
deem reasonably necessary to prevent danger to public or private property
or any sewer, storm drain or watercourse, or to prevent the operation
from being conducted in a manner hazardous to life or property, or
in a manner likely to create a nuisance. Such conditions may include,
but are not limited to, the erection or installation of walls, drains,
dams and structures, plantings and vegetation and runoff and erosion
control measures or devices; furnishing necessary easements; and a
specified method of performing work. No permit shall be issued until
a stormwater management plan is approved by the Township Engineer
and the developer certifies that all earth moving, grading and filling
shall be performed pursuant to the stormwater management plan. The
stormwater management plan shall be a condition of the permit.
C.
Expiration of permit. Every permit shall expire by
limitation and become null and void if the work authorized by such
permit has not been commenced within six months or is not completed
within one year from the date of issue, provided that the Township
Engineer may, if the permit holder presents satisfactory evidence
that unusual difficulties have prevented work from being started or
completed within the specified time limits, grant a reasonable extension
of time, and provided further that application for the extension of
time is made before the date of expiration of the permit.
D.
Revocation or suspension. Any permit issued under
this chapter may be revoked or suspended by the Township Engineer
after notice for:
(1)
Violation of any condition of the permit.
(2)
Violation of any provision of this chapter or any
other applicable law, ordinance, rule or regulation relating to the
work.
(3)
Existence of any condition or the doing of any act
constituting or creating a nuisance, hazard or endangering human life
or the property of others.
[Added 11-13-1991 by Ord. No. 783]
A.
Upon submission of an application, the applicant shall
be required to execute a contract for the township's professional
services in the form prescribed by the township and to deposit with
the township such escrow amounts as are required under such contract
before the application is officially received and review commenced.
If all fees and escrow deposits are not posted in accordance with
such contract, the application shall be considered incomplete.
B.
At the time of filing said contract for the township's
professional services, an escrow account shall be established as prescribed
above, in accordance with the following schedule:
Escrow Deposit Schedule
| |
---|---|
Area Undergoing Earth Disturbance
(square feet)
|
Deposit
|
Up to 1,000 Each additional 1,000 or part thereof
|
$100.00 $25.00 additional
|
A.
All stormwater management facilities, including retention
and detention basins designed and constructed for the purposes specified
under this chapter, shall be maintained in proper working order in
accordance with those design plans filed with the Township Engineer
and shall be the responsibility of the property owner(s) upon whose
property the facilities are located. In the case of a subdivision
and/or land development, the developer may, if so desired, establish
a homeowners' association that, with township approval, shall be considered
the responsible owner of all stormwater management facilities located
in the area of development.
B.
In order to ensure proper maintenance and function
of stormwater management facilities, the Township Engineer or his
designee shall perform inspections carried out on a random basis.
C.
If at any time the Township Engineer or his designee
discovers any violation or condition not conforming with those designs
and plans filed with the township in regard to the operation of a
stormwater management facility, he shall notify the responsible owners
of the violation, informing them of the nature of such violation and
the manner in which it can be corrected.
D.
In the event the owner, occupant or homeowners' association,
as the case may be, shall refuse or neglect to comply with the provisions
of this chapter or the requirements of the Township Engineer, the
Township Engineer may then direct the work that may be required to
correct the violation in compliance with the terms of this chapter
and assess all such expense of such compliance against the owner,
occupant or members of the homeowners' association, such amount to
be collectible as municipal claims are now collected by law.
A.
Bond required. The Township Engineer shall, before
issuing a permit, require a performance bond in a form and amount
satisfactory to him and approved by the Township Solicitor conditioned
upon the faithful performance of the runoff and erosion control measures
and other conditions specified in the permit within the times specified,
or within any extension thereof granted by the Township Engineer,
in the amount of the total estimated cost of all erosion and sediment
control measures and safeguards of adjoining properties, or, in the
alternative, by the deposit of funds or securities equal in value
to the cost of improvements pursuant to the provisions of an escrow
agreement, provided, inter alia, that no portion of said funds may
be released except upon order of the owner, occupier, homeowners'
association and the Township Engineer, or a designated official of
the Township of Springfield, for payment of the cost of labor, material
and other costs of the installation of the aforesaid improvements.
In the event that the owner, occupier or homeowners' association should
fail to complete the improvements within a prescribed period of time,
the township shall have the right to demand and receive from the escrow
account the amount then remaining in the escrow fund.
B.
Default.
(1)
Whenever the Township Engineer shall find that a default
has occurred in the performance of any term or condition of the permit
or bond, written notice thereof shall be given to the principal and
to the surety of the bond. Such notice shall state the work to be
done, the estimated cost thereof and the period of time deemed by
the Township Engineer to be reasonably necessary for the completion
of such work.
(2)
In the event of any default in the performance of
any term or condition of the permit or the bond, the Township of Springfield,
the surety or any person employed or engaged on his behalf shall have
the right to go upon the site to complete the required work or make
it safe.
(3)
In the event the Township of Springfield undertakes
the work or makes it safe, with the funds from the escrow fund, such
escrow funds shall be used to pay the cost of contracting, including
engineering and administration, for restoration of the site to meet
the requirements of the permit. If the cost of the work or making
it safe exceeds the amount of the escrow fund or performance bond,
the permittee shall continue to be firmly bound under a continuing
obligation for payment of all excess costs and expenses incurred by
the Township of Springfield.
(4)
The Township Engineer shall submit a bill for all
such excess costs and expenses to the permittee. All such excess costs
and expenses incurred by the township shall be a personal obligation
of the permittee and shall be a lien upon the premises, and whenever
a bill therefor remains unpaid for a period of 60 days after it has
been rendered by the Township Engineer, the Township Solicitor shall
file a municipal claim or an action of assumpsit for such costs and
expenses in the manner provided by law for the collection of debts
and municipal claims.
C.
Return of the bond. A performance bond or escrow fund
shall remain in force and effect until it is found that the work authorized
by the permit has been satisfactorily completed in accordance with
the requirements imposed upon final inspection of all earth-disturbing
or flow laterization work. At such time, the Township Engineer will
certify that the work is approved and the performance bond or escrow
fund shall be returned to the depositor and his successors or assigns.
D.
Liability insurance.
(1)
If in the opinion of the Township Engineer the nature
of the work is such that it may create a hazard to human life or endanger
adjoining property at a higher or lower elevation, or any street improvement
or any other public property, then the Township Engineer may, before
issuing the permit, require that the applicant for a permit file a
certificate of insurance showing that he is insured against claims
for damages for personal injury, bodily injury and property damage,
including damage to the Township of Springfield, by deposit or washing
of material onto municipal streets or other public improvements (which
may arise from or out of the performance of the work, whether such
performance is by himself, his subcontractor or any person directly
or indirectly employed by or for him), in limits prescribed by the
township in accordance with the nature of the risks involved but not
less than $300,000 bodily injury and $100,000 property damage, and
including the township as an additional insured. Such insurance shall
be written by a company licensed to do business in the state.
(2)
Neither issuance of the permit nor compliance with
the provisions hereto or any condition imposed by the Township Engineer
shall relieve any person from any responsibility for damage to persons
or property otherwise imposed by law, nor impose any liability upon
the Township of Springfield or its officers and employees for damages
to persons or property.
A.
Inspections of any earth-disturbing or water flow
alteration activities covered by this chapter shall be the responsibility
of the Township Engineer or his designee and will be carried out on
a random basis to assure full compliance with the soil erosion and
sedimentation control plans on file in the township and with this
chapter.
B.
During inspections, if it is found that the soil or
other conditions are not as stated or shown in the application and
plans approved, the Township Engineer may refuse to approve further
work and revoke present permits until approval is obtained for a revised
soil erosion and sedimentation control plan conforming to existing
conditions.
C.
If at any stage of the work the Township Engineer
shall determine by inspection that the nature of the formation is
such that further work as authorized by an existing permit is likely
to endanger property or streets or alleys, or create hazardous conditions,
the Township Engineer may require as a condition to allowing the work
to be done that such reasonable safety precautions be taken as the
Township Engineer considers advisable to avoid such likelihood of
danger.
D.
No person shall interfere with or obstruct the ingress
or egress to or from any such site or premises by an authorized representative
or agent, of any surety or of the Township of Springfield, engaged
in completing the work required to be performed under the permit or
in complying with the terms or conditions thereof.
Should any section or provision of this chapter
be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of this chapter as a whole,
or of any other part hereof.
[Amended 7-13-1988 by Ord. No. 756]
Any person who shall violate any of the provisions
of this chapter or who shall fail to comply with any written notice
from the Township Engineer that describes the condition of noncompliance
or violation within five days of receipt of that notice, upon conviction
thereof, shall forfeit and pay a fine of not more than $1,000 to the
Township of Springfield, the same to be collected by summary proceedings
brought in the name of the township. A new and separate offense shall
be deemed to be committed for each day after receipt of the aforesaid
notice that such violation exists.