This chapter shall be known and may be cited
as the "Pennsbury Township Land Disturbance Ordinance of 1982." This
chapter shall become effective five days after its enactment.
Terms used in this chapter are defined in Chapter
138, Subdivision and Land Development, and Chapter
162, Zoning. Additional definitions are as follows:
ACCELERATED EROSION
The removal of the surface of the land through the combined
action of man's activities and natural processes at a rate greater
than would occur from natural processes alone.
AGRICULTURE/AGRICULTURAL OPERATIONS
The cultivation of the soil and the raising and harvesting
of the products of the soil, including but not limited to nursery,
horticulture, forestry, and animal husbandry.
CISTERN
A reservoir or tank for storing water.
DRAINAGE EASEMENT
A right-of-way granted to use private land to facilitate
the flow of water, within which the owner shall erect no permanent
structures, but may use the land in any other way not inconsistent
with the grantee's rights.
EARTHMOVING ACTIVITIES
Activity resulting in the movement of earth or stripping
of vegetative cover from the land.
EROSION
The movement of soil by the action of wind or water.
GROUNDWATER RECHARGE
Replenishment of geologic structures and rock or soil interstices
which have the capacity to store water.
IMPERVIOUS SURFACE
Materials such as buildings, structures, and paved areas
which are impenetrable and thus unable to absorb stormwater or other
liquids. Areas such as buildings, structure and paved areas.
[Amended 2-22-2000 by Ord. No. 2000-1]
INFILTRATION STRUCTURES
A structure designed to direct the flow of stormwater into
storage in geologic structures, e.g., French drains, Dutch drains,
seepage pits.
LAND DISTURBANCE
Any activity which causes land to be exposed to the danger
of erosion, including clearing, grading, filling, plowing, discing,
and transporting.
LOGGING and WOODCUTTING
The felling of trees within a concentrated area, and/or the
removal of trees or logs from a site by means of heavy vehicles.
SEDIMENT
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site or origin by
water.
SEEPAGE PIT
An area of excavated earth, filled with loose stone or similar
materials, to which surface water is directed for infiltration to
geologic storage.
SEMIPERVIOUS MATERIAL
Stone, rock, concrete or other materials which permit some
vertical transmission of water.
SLDO
The Pennsbury Township Subdivision and Land Development Ordinance,
as amended.
STORMWATER
Water which surfaces, flows or collects during and subsequent
to rain or snowfall.
SWALES (DRAINAGE)
A low-lying stretch of land which collects and carries surface
water runoff.
All land disturbance activities, except those exempted from permit requirements by §
94-6, shall be conducted only pursuant to and after the issuance of a land disturbance permit. All applications for land disturbance permits shall be submitted to the Township Secretary who will then forward the application to the appropriate Township official for review. In all land disturbance involving land development or the expansion or construction of buildings or other improvements which will create impervious surfaces, an application shall be submitted and processed in accordance with Subsections A and B below. Applications for permits for land disturbance activities related to a subdivision or land development, and/or construction for which a building permit is required, shall be submitted to be processed concurrently with said applications. All other applications for a land disturbance permit shall be submitted and processed in accordance with Subsection C.
A. Land disturbance activities related to a subdivision
or land development.
(1) As part of any submission of an application for preliminary approval of a subdivision or land development plan involving any non-exempt land disturbance activities, the applicant shall submit a stormwater management plan [as required by § 138-21F(5) of Chapter
138, Subdivision and Land Development]. The stormwater management plan shall demonstrate that all land disturbance activities related to the subdivision or land development comply with the performance standards for erosion and sedimentation control set forth in § 138-42A and for permanent stormwater management set forth in § 138-42B and the design requirements set forth in Appendixes A and C of Chapter
138, Subdivision and Land Development.
[Amended 2-8-1997]
(2) The stormwater management plan shall contain all of the information required by § 138-21F(5) of Chapter
138, Subdivision and Land Development. The applicant and/or his engineer should confer with the
Township Engineer prior to the preparation of a stormwater management
plan.
[Amended 2-8-1997]
(3) The stormwater management plan shall be reviewed by
the Township Engineer, who shall submit a report thereon to the Township
Planning Commission within 30 days of the submission of the plan.
(4) If, in the Township Engineer's view, the stormwater
management plan as submitted satisfies all requirements of this chapter
and the SLDO, he shall recommend its approval to the Planning Commission.
That recommendation shall be considered by the Planning Commission
and Board of Supervisors, together with the results of their own reviews,
and the comments of any other reviewing body.
(5) If, in the Township Engineer's view, the stormwater
management plan as submitted fails to satisfy all requirements of
this chapter or the SLDO, he shall so indicate in his report to the
Planning Commission and Board of Supervisors, and shall specify those
items not in compliance with the chapter.
(6) As part of any final subdivision or land development
plan, the applicant shall submit:
(a)
All construction specifications for stormwater
management facilities as outlined in this chapter;
(b)
Proof of liability insurance over the term of the project if required under §
94-9 of this chapter;
(c)
A performance guaranty as outlined in §
138-604 of Chapter
138, Subdivision and Land Development;
(d)
Detailed documents necessary to comply with
the maintenance requirements of the SLDO.
(7) The applicant may request in writing the approval of the final subdivision or land development plan conditioned upon satisfactory submission of §
94-4A(6). If so, the land disturbance permit will not be issued at the time of final approval, but shall await satisfaction of conditions. No site work shall begin until all conditions are met.
(8) Where the final stormwater management plan submission
does not comply with the performance standards set forth in § 138-42A
and B, the design requirements of Appendixes A and C of Chapter
138, Subdivision and Land Development, or other application requirements of this chapter, such failure to comply shall be considered grounds for denial of the final subdivision or land development application.
[Amended 2-8-1997]
B. Land disturbance activities related to building construction.
(1) Where individual on-lot land disturbance activities
have been addressed, approved, and noted as such in an applicant's
stormwater management plan related to a subdivision or land development,
applicants for building permits for each individual lot shall refer
to such approval. In these cases, it shall not be necessary for the
applicant to resubmit a stormwater management plan concurrent with
applications for building permits, provided the proposed grading of
the lot and the locations of houses, driveways, and drainage or seepage
bed facilities are not changed.
(2) In all other cases, or in cases where an applicant in Subsection
A, above, wishes to alter grading, building locations, or the on-lot stormwater management system, the applicant shall submit a stormwater management plan. This plan shall accompany an application for building permit involving any nonexempt land disturbance activities, and shall demonstrate that all land disturbance activities related to the building construction shall comply with the performance standards in § 138-42A and B of Chapter
138, Subdivision and Land Development.
(3) The Township may require that the stormwater management plan contain all of the information mandated by § 138-21F(5) of Chapter
138, Subdivision and Land Development. The applicant and/or his engineer, however, is strongly
encouraged to confer with the Township Engineer prior to the preparation
of a stormwater management plan to determine the scope and detail
of the submission.
[Amended 2-8-1997]
(4) The applicant's stormwater management plan shall be reviewed by the Township Engineer, who shall submit a report thereon to the applicant and the Zoning Officer within 30 days of submission of the plan. Where revisions to the plan are necessary in order to meet the performance standards set forth in §§ 138-42A and/or B of Chapter
138, Subdivision and Land Development, the applicant is urged to discuss the contents of the
report with the Township Engineer. All necessary revisions shall be
effected and submitted within 20 days after issuance of the Township
Engineer's report.
(5) If the final stormwater management plan is not in compliance with the performance standards set forth in §§ 138-42A and B of Chapter
138, Subdivision and Land Development, failure to so comply shall be considered grounds for denial
of the building permit.
C. Other land disturbance activities.
(1) Whenever any person engages in nonexempt land disturbance activities that are not related to a subdivision or land development or to building construction, he shall first submit a stormwater management plan demonstrating that all proposed land disturbance activities shall comply with the performance standards for erosion and sedimentation set forth in § 138-42A of Chapter
138, Subdivision and Land Development, and with applicable regulations for the Commonwealth of
Pennsylvania.
[Amended 2-8-1997]
(2) The Township may require that the stormwater management plan contain all of the information mandated by § 138-21F(5) of Chapter
138, Subdivision and Land Development, particularly when impervious surfaces are to be constructed,
the amount of earthmoving is significant, or the topography, soils,
geology, or drainage patterns necessitates special attention. The
applicant and/or his engineer shall confer with the Township Engineer
to determine the scope and detail required in his submission. If the
proposed land disturbance is to consist of non-exempt farming activities,
the Chester County Conservation District should be consulted for possible
assistance with the preparation of the stormwater management plan.
[Amended 2-8-1997]
(3) The stormwater management plan shall be reviewed by
the Township Engineer, who shall submit a report thereon to the applicant,
the Zoning Officer, and Board of Supervisors within 30 days of submission
of the plan.
All land disturbance activities within Pennsbury Township must comply with the performance standards set forth in §§ 138-42A and B of Chapter
138, Subdivision and Land Development. Some of these activities will comply with the applicable
performance standards without the necessity of specific methods for
the control of erosion and sedimentation or the detention of stormwater
runoff, and other activities, too minimal to require review, are exempted
from formal plan submission and permit requirement. The activities
so exempted are as follows:
A. Increases in impervious and semi-pervious cover on existing development properties when such will not exceed the permissible site coverage provided in Chapter
162, Zoning.
B. Earthmoving on an existing developed lot, up to 5,000
square feet or 10 of the lot, whichever is less, provided that the
changes will not alter drainage patterns, accelerate erosion, or interfere
with stormwater control measures previously installed.
C. Agricultural operations, except where new buildings
or other impervious surfaces are to be constructed, provided that:
(1) Residences, farm buildings and other impervious surfaces
do not exceed 7% coverage of the total acreage;
(2) Unless clearly impractical or unwarranted, plowing
will generally conform to the contours of the property;
(3) Drainage swales will be maintained with a permanent
cover of grasses, plants or trees;
(4) Diversion terraces or cover crops no less than 10
feet in width shall be provided at a maximum of 200-foot intervals
on slopes of 8% to 15% where tillage or sod crops are planted; and
(5) A vegetative cover strip extending 10 feet from the
edge of the cartway of any road shall be maintained.
(6) Notwithstanding the provisions of Subsection
C above, the Township may require that remedial measures be taken to reduce runoff problems creating a hazard to health and safety.
D. The following logging and woodcutting activities:
(1) Logging or woodcutting on slopes not exceeding 10%,
provided that logging will not remove more than 1/3 of the trees exceeding
six-inch caliper DBH within any four-year period and that stumps,
ground cover, and root mat are left intact.
(2) Operations comply with § 138-42A(3)(b) of Chapter
138, Subdivision and Land Development.
(3) Logging and woodcutting conducted for proper forestry
management per Pennsylvania Department of Conservation and Natural
Resources guidelines and Soil Conservation Service regulations.
E. The construction or maintenance of a seasonal market
stand for selling produce, flowers, or other seasonal products, provided
impervious parking areas are not constructed, and buildings do not
exceed 300 square feet.
If, in the opinion of the Township Engineer,
the nature of any land disturbance work is such that may create a
hazard to human life or endanger adjoining property or property at
a higher or lower elevation, or any street or street improvement,
or any other public property, then the Township Engineer may, before
the land disturbance permit is issued, require that such an applicant
file a certificate of insurance showing that he is insured, against
claims for damages for personal injury and property damage (including
damage to Pennsbury Township 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 be
by himself, his subcontractor, or any person directly or indirectly
employed by him. The amount of such insurance shall be prescribed
by the Township in accordance with its determination of the risks
involved in an amount not less than $25,000 per occurrence. Such insurance
shall be written by a company licensed to do business in Pennsylvania
and approved by the Township. Neither issuance of a permit nor compliance
with the provisions hereto or any condition imposed by the Township
shall relieve any person from any responsibility for damage to persons
or property otherwise imposed by law, nor shall it impose any liability
upon the Township for damages to persons or property.