[HISTORY: Adopted by the Board of Supervisors of the Township of Towamencin 7-13-1983 by Ord. No. 83-4; amended in its entirety 4-17-1995 by Ord. No. 95-4. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Construction codes — See Ch. 62.
Driveways — See Ch. 67.
Streets and sidewalks — See Ch. 133.
Subdivision and land development — See Ch. 136.
Zoning — See Ch. 153.
A. 
Short title. This chapter shall be known and may be cited as the "Towamencin Grading and Excavating Ordinance."
B. 
Purpose. The purpose of this chapter is to provide minimum standards to safeguard persons, to protect property and to promote the public welfare by regulating and controlling the grading, excavation and removal or destruction of topsoil, trees or other vegetative cover or land within the Township of Towamencin.
A. 
Any word, term or phrase used in this chapter, but not specifically defined herein, shall be defined as set forth in the Towamencin Township Subdivision and Land Development Ordinance, as last amended.[1]
[1]
Editor's Note: See Ch. 136, Subdivision and Land Development.
B. 
Definitions. Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meanings herein stated:
EROSION
The removal of surface materials by the action of natural elements.
GRADING PERMIT
Any permit required under this chapter.
QUALIFYING SITE
Any lot, tract or parcel of land, or series of lots, tracts or parcels of land joined together, where grading work is continuous and performed at the same time.
RUNOFF FROM A FULLY DEVELOPED AREA UPSTREAM
The surface water runoff that can be reasonably anticipated upon maximum development of that area of the watershed located upstream from the subject tract, as permitted by prevailing zoning or the Township Comprehensive Plan, as last amended, whichever is greater.
SOIL STABILIZATION
Chemical, physical or structural treatment of a mass of soil to increase or maintain its stability or otherwise improve its engineering properties.
SWALE
A low-lying stretch of land which gathers or carries surface water runoff.
TOPSOIL
Surface soils and subsurface solid which presumably are fertile solid and soil material, ordinarily rich in organic matter or humus debris. Topsoil is usually found in the uppermost soil layer called the "A-horizon."
WATERCOURSE
A permanent stream, intermittent stream, river, brook, creek, channel, ditch, swale or culvert for water, whether natural or man-made.
C. 
Word usage. Words in the singular include the plural, and words in the plural include the singular. Present tense includes the future. The word "building" shall be deemed to include the word "structure."
[Amended 2-8-2023 by Ord. No. 23-01]
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 for any earth disturbance of 1,500 square feet or less.
A. 
Every applicant for a grading permit shall file a written application therefor with the Township Zoning Officer. Such application shall:
(1) 
Describe the land on which the proposed work is to be done, by lot, block, tract or street address or similar description which will readily identify and definitely locate the proposed work.
(2) 
Be accompanied by plans and specifications, including a contour map showing the present contours of the land and the proposed grading. The plan shall show contours at vertical intervals of two feet with sufficient details to show the course, structure and capacity of all drainage facilities and the method of drainage of the adjacent or contiguous territory. In areas included within relatively level tracts, contours may be shown at lesser intervals as may be necessary for study as determined by the Township Engineer. In no case shall the contour interval exceed 100 feet horizontally. Benchmarks to which contour elevations refer shall be noted. A plot plan shall be filed showing the location of the grading, boundaries, lot lines and trees greater than six inches in caliper measured at a point one foot above the ground and containing sufficient dimensions and other data to show the location of all work; description of the type and classification of the soil; details and location of any proposed drainage structures and pipes, walls and cribbing; floodplains, watercourses, wetlands, existing and proposed drainage structures; nature of fill material and such other information as the Township Engineer may require to carry out the purposes of this chapter. All plans shall be dated and bear the name(s) of the person(s) who prepared the same, the applicant and the owner of the land. Four copies of the plan shall be submitted.
(3) 
Include a plan for minimizing erosion and sedimentation in conformity with PADER, Chapter 102 regulations, as last amended.
(4) 
State the reason for which the grading is proposed.
B. 
The Township Engineer may waive the requirements for any or all plans and specifications listed above if he finds that the work contemplated will conform to the provisions of this chapter.
A. 
Applicants for permits relating to this chapter shall pay to the Township at the time of application the fees set forth in the then-current fee schedule which shall have been adopted by resolution by the Board of Supervisors.[1]
[1]
Editor's Note: See Ch. 76, Fees.
B. 
Escrow agreements and bonds. For each agreement and bond, the fee shall be $25.
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.
A. 
The Township Zoning Officer shall deny a grading permit upon recommendation of the Township Engineer where, in their opinion, the work as proposed by the applicant may endanger any property or any street or alley or fails to meet Township standards. In determining whether the proposed work is likely to endanger any property or streets or alleys or create hazardous conditions, the Township Engineer shall give due consideration to possible saturation by rains, earth movements, runoff of surface waters and subsurface conditions, such as the stratification and faulting of rock and the nature and type of the soil or rock.
B. 
Appeals from the denial of a permit shall be taken in accordance with the requirements of the Pennsylvania Municipalities Planning Code, as last amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
Measures used to control erosion and reduce sedimentation shall, as a minimum, meet the standards and specifications of the PADER Chapter 102 regulations, as last amended, and the Towamencin Township Subdivision and Land Development Ordinance, as last amended.[1] The Township Engineer, or other official as designated, shall monitor compliance with the appropriate specifications.
[1]
Editor's Note: See Ch. 136, Subdivision and Land Development.
B. 
Plans for erosion and sediment control shall be submitted in support of the grading permit applications.
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.[1]
[1]
Editor's Note: See Ch. 136, Subdivision and Land Development.
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.[2]
[2]
Editor's Note: See Ch. 62, Construction Codes.
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.
A. 
When written notice of a violation of any of the provisions of this chapter has been served by the Township Zoning Officer or any other person designated by him, such violation shall be discontinued immediately.
B. 
Any person violating any of the provisions of this chapter shall be liable, upon conviction thereof, to a penalty not exceeding $1,000 and costs of prosecution for each and every offense or, upon default in payment of the fine and costs, to imprisonment in the Montgomery County Prison for not more than 30 days, and whenever such person shall have been notified by the Township Zoning Officer or by service of a summons in a prosecution or other written notice that he is committing such violation of this chapter, each day that he shall continue such violation after such notification shall constitute a separate offense, punishable by a like fine or penalty. Such fines or penalties shall be collected as like fines and penalties are now by law collected.
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.