No person shall commence or perform any grading, excavation,
fill, topsoil removal or removal of vegetative cover within the Township
of Towamencin without first having obtained a grading permit from
the Township Zoning Officer upon the recommendation of the Township
Engineer. A separate grading permit shall be required for each site.
One permit may cover both an excavation and any fill made on the same
site. A grading permit will not be required, however, in the following
situations, but in all other respects the provisions of this chapter
shall apply:
A. An excavation which does not exceed 100 cubic yards of total material
removed.
B. A fill which does not exceed 100 cubic yards of material deposited.
C. An excavation below finished grade for basements and footings of
single-family residences, swimming pools or underground structures
authorized by a building permit; an excavation for a driveway between
a single-family residence and a street; or the grading of such excavated
materials into the site from which excavated and including the provision
of additional topsoil as may be required for seedbed preparation.
Every grading permit shall expire by limitation and become null
and void if the work authorized by such permit has not commenced within
six months or is not completed within one year from the date of issue;
provided, however, that the Township Engineer may, if the permit holder
presents satisfactory evidence that unusual difficulties have prevented
the work's being started or completed within the specified time
limits, grant reasonable extensions of time, provided that the application
for extension of time is made before the date of expiration of the
permit.
In order to provide more suitable sites for building and other
uses, to improve surface drainage and to control erosion, the following
requirements shall be met:
A. All lots, tracts or parcels shall be graded to provide proper drainage
of surface water away from buildings and dispose of it without unwanted
ponding or other ponding, except where approved by the Board of Supervisors
(such as for retention basins) on the recommendation of the Township
Engineer.
B. All drainage provisions shall be of such design as to adequately
handle the surface runoff and carry it to the nearest suitable outlet
such as a curb street, storm drain or natural watercourse. Where drainage
swales are used to divert surface waters away from buildings, they
shall be sodded or planted as required and shall be of such slope,
shape and size as to conform to the requirements of the Township Subdivision
and Land Development Ordinance, as last amended.
C. Concentration of surface water runoff shall only be permitted in
swales or watercourses.
D. Excavations and fills.
(1) Cut and fill slopes shall not be steeper than 4:1 unless stabilized
by a retaining wall or cribbing or other acceptable method approved
by the Township Engineer.
(2) Adequate provisions shall be made to prevent surface water from damaging
the cut face of excavations or the sloping surfaces of fills.
(3) Cut and fills shall not endanger adjoining property.
(4) Fill shall be placed and compacted so as to minimize sliding or erosion
of the soil.
(5) Fills shall not encroach on natural watercourses or constructed channels
except as permitted by the Pennsylvania Department of Environmental
Resources.
(6) Fills placed adjacent to natural watercourses or constructed channels
shall have suitable protection against erosion during periods of flooding.
(7) Grading shall not be done in such a way as to divert water onto the
property of another landowner without the expressed written consent
of the affected landowner.
(8) During grading operations, necessary measures for dust control shall
be exercised.
(9) Grading equipment shall not be allowed to cross live streams. Provision
will be made for the installation of culverts or bridges.
(10) All fills shall be made of clean soil or earth.
(11) Notice to adjacent property owners. Before commencing any excavation
or fill which will affect an adjoining property or structures thereon,
the person making or causing the excavation to be made shall give
written notice to the owners of said adjoining properties or structures
not less than 14 days before such excavation is to be made. Adjoining
properties and structures shall be protected as provided in the Township
Building Code.
In order to maintain the supply of natural vegetation, to prevent
erosion of the topsoil on the site and surrounding properties, to
foster the retention of groundwater supply and generally attempt to
maintain the ecological balance in the Township, the following requirements
shall be met:
A. Every existing tree with a trunk six inches or more in caliper (measured
at a point one foot above existing ground line) which is destroyed
because of street alignment, building placement, parking area location,
grading or otherwise shall be replaced with one new tree of a type
specified by the Township, with a trunk of not less than 21/2 inches
in caliper as measured at a point one foot above ground line.
B. Such new trees shall not be placed on the lot as street trees or
in place of trees required as screening or buffering.
C. At the discretion of the Township, a number of trees not greater
in number than those destroyed may be planted on lands owned by the
Township in order to maintain the proper ecological balance of the
Township. The Township shall assess the developer the cost of these
trees and the cost of planting.
In case any work is performed by any person in violation of
any of the provisions of this chapter, the proper official of this
Township, in addition to other remedies, may institute, in the name
of the Township, any appropriate action or proceeding at law or in
equity, whether by legal process or otherwise, to prevent such unlawful
work and to restrain and abate such violations.