[HISTORY: Adopted by the Board of Commissioners
of the Township of Tinicum 11-20-1978 by Ord. No. 528. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Township of Tinicum Grading, Drainage and Erosion Control
of Land Ordinance."
The purpose of this chapter is to regulate the
modification of the natural terrain, the alteration of drainage and
the maintenance of artificial structures and surfaces within the Township
of Tinicum so as to assure and safeguard the health, safety, morals
and general welfare of the citizens of the Township of Tinicum.
A.
It shall be unlawful for any person, firm or corporation
to pave, fill, strip, grade or regrade any land within the Township
of Tinicum without first securing a permit as hereunder provided.
B.
It shall be unlawful for any person, firm or corporation
to disturb, modify, block, divert or affect the natural overland or
subsurface flow of stormwater within the Township of Tinicum without
first securing a permit as hereunder provided.
C.
It shall be unlawful for any person, firm or corporation
to construct, erect or install any drainage dam, ditch, culvert, drainpipe,
bridge or any other structure or obstruction affecting the drainage
of any premises in the Township of Tinicum without first securing
a permit as hereunder provided.
A.
Any person, firm or corporation proposing to engage
in an activity requiring a permit shall apply for a permit by written
application on a form furnished by the Township of Tinicum.
B.
The application for a permit shall be accompanied
by a map or diagram of the property showing the location of all present
and proposed ditches, streams, pipes and other drainage structures
and cuts or fills. In addition to showing elevations, dimensions,
location and extent of all proposed grading and/or drainage, the plans
shall clearly indicate all buildings, parking areas and driveways.
Further, the application shall indicate the present and proposed sources,
storage and dispositions of water being channeled through or across
the premises, together with elevation, gradients and maximum flow
rates. The application shall describe the work to be performed, the
materials to be used and the manner or method of performance, including
provisions for protecting and maintaining existing drainage facilities
in the Township of Tinicum, whether on public or private property.
If load-bearing fill is proposed, a soils investigation report shall
be submitted which shall consist of test borings, laboratory testings
and engineering analysis, to correlate surface and subsurface conditions
with the proposed rating plan. The results of the investigation shall
be presented in a report by a soil engineer which shall include data
regarding the nature, distribution and supporting ability of existing
soils and rock on the site; conclusions and recommendations for grading
requirements and erosion control; and recommendations to ensure stable
soil conditions and groundwater control, as applicable. The Township
may require such supplemental reports and data as it deems necessary.
Recommendations included in such reports and approved by the Township
shall be incorporated in the plan or specifications.
[Amended 7-21-2003 by Ord. No. 765]
A.
Permit fees. The application for a permit to grade
shall be accompanied by a permit fee of $15 for the first acre of
land or less. If more than one acre is graded as described in the
chapter, an additional fee of $20 per $1,000 of the cost of the project
shall be charged in excess of the first acre.
B.
Duration of permit. All permits issued pursuant to
this chapter shall be for one year from the date of its issuance unless
extended upon request to and written approval of the Township Engineer.
The applicant shall bear the additional costs of inspection in determining
whether any extension is warranted.
All applicants for a permit involving an area
greater than 1/2 acre shall, before any permit is granted, post a
bond with the Township of Tinicum in the sum of at least $10,000,
the exact sum to be determined by the Township Engineer, with corporate
surety to be approved by the Township Solicitor, the conditions of
which shall be a full and complete compliance with this chapter and
all terms of the permit.
Upon the submission of an application which
conforms to the provisions of this chapter, the Township Code Enforcement
Officer, after consultation with and approval of the Township Engineer
if deemed necessary, shall issue the necessary permit.
A.
Notwithstanding any provision of this chapter or any
condition of the permit, the permittee is responsible for the prevention
of damage to other property or personal injury, which may be effected
by the activity requiring a permit.
B.
No person, firm or corporation shall 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.
No person, firm or corporation shall 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.
No person, firm or corporation shall fail to adequately
maintain in good operating order any drainage facility on his premises.
All drainage ditches, culverts, drainpipes and drainage structures
shall be kept open and free-flowing at all times.
E.
The owner of any property on which any work has been
made pursuant to a permit granted under the provisions of this section
shall continuously maintain and repair all graded surfaces and anti-erosion
devices, retaining walls, drainage structures or means and other protective
devices, plantings and ground cover installed or completed.
F.
All plans and specifications accompanying applications
for permits shall include provisions for both interim (temporary)
and ultimate (permanent) erosion and sediment control.
(1)
The design, installation and maintenance of erosion
and sediment control measures shall be accomplished in accordance
with guidelines as may be established from time to time by the United
States Department of Agriculture, Natural Resources Conservation Service.
(2)
All graded surfaces shall be seeded, sodded and/or
planted or otherwise protected from erosion as soon as practicable
and shall be watered, tended and maintained until growth is well established
at time of completion and final inspection.
G.
Natural and/or existing slopes exceeding five horizontal
to one vertical shall be benched or continuously stepped into competent
materials prior to placing all classes of fill.
H.
Fills toeing out on natural slopes steeper than four
horizontal to one vertical 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.
I.
All trees in areas of grade change shall be removed
unless protected with suitable tree wells.
J.
The following provisions apply to the carrying and
disposal of stormwater runoff:
(1)
All drainage facilities shall be designed in the most
practicable fashion to carry surface water in such a manner as to
prevent erosion, overflow or ponding.
(2)
The ponding of water shall not be permitted above
cut or fill slopes or on drainage terraces, nor shall water be impounded
on adjacent property. Adequate drainage facilities shall be provided
to prevent such ponding.
(3)
The applicant shall make adequate provisions to prevent
any surface waters from damaging the face of any excavation or fill.
All slopes shall be temporarily and permanently protected from surface
water runoff from above by interceptor and diversion berms, swales,
brow or berm ditches and shall be sodded, seeded and planted, unless
the Township determines that such treatment is unnecessary and specifically
waives this requirement.
(4)
All drainage terraces, interceptor and diversion berms,
swales and brow or berm ditches shall be designed and constructed
and, when required by the Township Engineer, shall be piped or paved
or otherwise improved to the satisfaction of the Township.
K.
When required, adequate provisions shall be made for
dust control measures as are deemed acceptable by the Township.
L.
When required, the applicant shall agree to the granting
and recording of easements for drainage facilities, including acceptance
of the discharge of water on the property of others, provisions for
maintenance of slopes and swales and access for the maintenance of
anti-erosion facilities.
A.
The applicant, in any activity requiring a permit
and which involves 10 or less single-family residences, after commencing
initial operation, shall request inspection by the Township Engineer:
(1)
Upon completion of stripping, the stockpiling of topsoil
and disposal of all unsuitable material but prior to beginning any
other preparation of the ground.
(2)
Upon completion of preparation of ground to receive
fill but prior to beginning any placement.
(3)
Upon completion of rough grading but prior to placing
topsoil, permanent drainage or other site development improvements
and ground covers.
(4)
Upon completion of final grading, permanent drainage
and erosion control facilities, including established ground covers
and planting and all other work of the permit.
B.
The applicant, in all cases other than those referred to in Subsection A above, after commencing initial operations, shall request inspections by the Township Engineer, at the following stages in the development of the site or of each subdivision thereof:
(1)
Prior to commencement of grading operations to determine
suitability of all proposed fill materials.
(2)
Upon completion of stripping, the stockpiling of topsoil
and disposal of all unsuitable material but prior to beginning or
any other preparation of the ground.
(3)
Upon completion of preparation of ground to receive
fill but prior to beginning or placement, an inspection of proof rolling.
(4)
Upon completion of structural fill, placement such
that the following earth-fill procedures are assured:
(a)
Prior to placing fill in any area, grading should
be performed as required to provide for drainage. Ditching or filling
around the area should be performed to intercept or divert all surface
water. Within the area on which fill is to be placed, the ground should
be graded so as to provide for unobstructed drainage from every point
to some disposal point.
(b)
The area should be closely examined to determine
whether excessive wetness, springs or other seepage of water can be
observed. If such conditions exist, drainage must be provided before
placement of fill is undertaken.
(c)
When the fill area has been prepared as specified,
the existing ground surface should be compacted by the specified method
for compacting fill.
(d)
Fill should begin at the lowest section of the
area. Fill should be spread in six-inch layers prior to compaction.
Each layer should be approximately horizontal, but small slopes can
be permitted in order to provide for surface water runoff.
(e)
Each layer of fill should be inspected prior
to compaction. All roots, vegetation or debris should be removed.
Stones larger than six inches in diameter should be removed or broken.
The moisture content of each layer should be determined to be suitable
for compaction.
(f)
The compaction of the fill should be done with
a sheepsfoot roller, rubber-tired roller or a vibratory roller. Other
compaction equipment should be used only after it has been demonstrated
that satisfactory results can be obtained with it.
(g)
Each layer of compacted fill should be tested
to determine its dry density as per ASTM D1556. The density of each
layer should be not less than 95% of maximum dry density as determined
by ASTM D1557. The moisture content of the compacted layer should
be not more than 4% less or 2% greater than the optimum moisture as
determined by ASTM D1557.
(h)
Only when the compacted layer has been shown
to be as specified should other layers of fill be placed above it.
(i)
Visual inspection of borrow material should
be made periodically to assure that no variation in the fill material
has occurred.
(5)
Upon completion of rough grading but prior to placing
topsoil, permanent drainage or other site development improvements
and ground covers.
(6)
Upon completion of trench backfilling operations so that testing can be performed as specified in Subsection B(4)(g) above.
(7)
Upon completion of final grading, permanent drainage
and erosion control facilities, including established ground covers
and planting, and all other work of the permit.
All applicants shall bear all costs of inspections
required hereunder and, if deemed necessary by the Township Code Enforcement
Officer, shall deposit with the Township Treasurer such sum as the
Township Commissioners shall determine to guarantee payment of the
costs of such inspections. The costs of inspections shall be at the
rate charged to the Township by the Township Engineer.
Any person, firm or corporation violating any
provision of this chapter shall, upon summary conviction before any
Magisterial District Judge, be sentenced to pay a fine of not more
than $1,000, plus costs of prosecution, and, in default of payment
of such fine and costs, to imprisonment in the county jail for a period
not exceeding 30 days. Each and every day in which any person, firm
or corporation shall be in violation of this chapter shall constitute
a separate offense.
