As used in this chapter, the following terms shall have the meanings indicated:
Any activity which causes land to be exposed to the harmful effects of erosion, including clearing, grading, filling, plowing, discing or transporting.
[HISTORY: Adopted by the Board of Supervisors of the Township of Bethel 1-12-2000 by Ord. No. 143. Amendments noted where applicable.]
The primary goal of this chapter is to regulate all land disturbance activities in such a way to prevent accelerated erosion and resulting sedimentation in order to protect the health, safety and welfare of the residents of the Township and the general public. To accomplish this, all persons engaged in land disturbance activities shall design, implement and maintain erosion, sedimentation, and stormwater control measures which effectively prevent accelerated erosion, sedimentation and increased stormwater runoff. This chapter is also intended to implement Title 25, Rules and Regulations, Part 1, Commonwealth of Pennsylvania, Department of Environmental Protection, Subpart C, Protection of Natural Resources, Article II, Water Resources, Chapter 102, Erosion Control, as may be amended and supplemented.
Except as expressly set forth in this chapter to the contrary, it shall be unlawful for any person, firm, corporation or other entity to engage in activities which modify the natural or existing terrain, alter stormwater runoff, disturb the topography and vegetation of parcels of land within Bethel Township, without first complying with the provisions of this chapter, including filing for and obtaining a land disturbance permit.
A.
A land disturbance permit may be waived, by the Township, under this chapter, for the following activities, provided that, in the opinion of the Township Engineer or Code Enforcement Officer, the same will be conducted in a manner that does not result in sedimentation or runoff damage to surrounding properties. Notwithstanding the foregoing, such activities, however, shall be subject to inspection, from time-to-time, by the Township.
(1)
The use of land for gardening for consumption in the home.
(2)
Agricultural operations.
(3)
Any land grading activity or clearing done for the purpose of constructing or installing new or additional impervious ground coverage in an amount less than 750 square feet, provided that the proposed impervious surface is located within the building envelope of the lot.
(4)
Any land grading or clearing activity where the total area disturbed does not exceed 2,000 square feet when no improvements are to be constructed or placed in or on the disturbed area. This provision shall not apply in the event that the applicant seeks to disturb additional area within 12 months of the first disturbance, sought to be excepted hereunder.
(5)
Any land grading or clearing activity where the grade level is not changed so as to alter the direction or increase the rate of stormwater runoff.
B.
Individual lot grading permits shall be required for finally approved and recorded subdivision and land development plans. Applicants may submit plans to obtain permits for multiple lots at one time if they so desire.
C.
The provisions of this section shall not except from the requirement to obtain a grading permit, the construction or installation of in-ground swimming pools.
D.
In all cases where a proposed activity does not require a grading permit under this section, the landowner shall at all times comply with the applicable provisions of this chapter and the soil erosion and sedimentation control provisions of Chapter 395, Subdivision and Land Development. All bare earth shall be promptly seeded, sodded or otherwise stabilized and effectively protected from soil erosion, in accordance with this chapter.
A.
Any person, firm or corporation proposing to engage in any clearing or grading activity within the Township, except those activities listed in § 254-4 of this chapter, shall first apply, in writing, for a grading permit under this chapter.
B.
The appropriate application/escrow fee, as established by resolution of the Board of Supervisors, from time to time, shall accompany each application.
C.
Applications for land disturbance permits may be issued subject to the provisions of this chapter and other applicable rules, regulations and other Township ordinances.
D.
The applicant agrees by submission of an application under this chapter, that the Township and its authorized agents and employees shall be permitted to enter upon the property to inspect grading or land disturbance activity (whether or not it is determined that a permit is necessary) for purposes of ensuring compliance with this chapter and other ordinances of the Township or ordinances enforced by the Township.
E.
The land disturbance application shall be submitted to the Bethel Township Code Enforcement Officer.
F.
The review time for the land disturbance permit will follow the procedures as set forth in the building permit application process.
G.
The permit application and plans shall be reviewed by the Township Engineer. The Township Engineer shall perform the review within 14 calendar days of receipt of the application from the Building Inspector. Follow-up reviews shall be performed within seven calendar days of any resubmittal.
H.
Upon approval of a lines and grades plan, the Township Engineer shall forward a copy of the approved plans to the Township Building Inspector.
The following information shall be provided to the Township at the time of application for a land disturbance permit:
A.
Five copies of the lines and grades plan shall be submitted at the time of land disturbance permit application and shall contain the following minimum information:
(1)
Residential or commercial building construction.
(a)
The plans shall be drawn at a scale of one inch equals 40 feet for lots larger than 20,000 square feet and one inch equals 20 feet for lots smaller than 20,000 square feet.
(b)
Property boundary shall be accurately drawn to scale and labeled with metes and bounds.
(c)
The location, width, and grades of abutting streets.
(d)
Existing contours at a maximum two-foot contour interval.
(e)
Accurately drawn to scale foundation footprint of the proposed structure.
(f)
Proposed driveway location.
(g)
Location of proposed sanitary sewer lateral (if applicable).
(h)
Location of water service line.
(i)
Proposed contours.
(k)
Driveway grade.
(l)
Swale locations and spot elevations at critical points within swale.
(m)
Top of foundation wall elevation.
(n)
North arrow.
(o)
Plan title referring to development and lot number, or applicant.
(p)
Graphic scale.
(q)
Flood zone.
(r)
Wetlands.
(s)
Reference to any notes, easements, or restrictions on an approved subdivision plan that affects the subject lot.
(t)
Applicable zoning regulations including yard setbacks.
(u)
Appropriate erosion and sedimentation controls not limited to silt fence, tire scrubbers, straw bails, stone filters, sediment traps, sedimentation basins, seeding specifications, stabilization specifications, de-silting facilities, construction narratives, etc.
(v)
Stormwater management facilities if required by the Township Engineer.
(2)
Other land disturbance activity.
(a)
The plans shall be drawn at a scale of one inch equals 40 feet for lots larger than 20,000 square feet and one inch equals 20 feet for lots smaller than 20,000 square feet.
(b)
Property boundary shall be accurately drawn to scale and labeled with metes and bounds.
(c)
The location of abutting streets.
(d)
Existing contours at a maximum two-foot contour interval.
(e)
Proposed land disturbance and/or improvements accurately drawn to scale.
(f)
Proposed contours.
(g)
Spot elevations at appropriate locations.
(h)
Swale locations and spot elevations at critical points within swale.
(i)
North arrow.
(j)
Graphic scale.
(k)
Flood zone.
(l)
Wetlands.
(m)
Reference to any notes, easements, or restrictions on an approved subdivision plan that affects the subject lot.
(n)
Applicable zoning regulations including yard setbacks.
(o)
Appropriate erosion and sedimentation controls not limited to silt fence, tire scrubbers, straw bails, stone filters, sediment traps, sedimentation basins, seeding specifications, stabilization specifications, de-silting facilities, construction narratives, etc.
(p)
Stormwater management facilities if required by the Township Engineer.
A.
The permittee, who shall be the landowner of record identified in the application, shall be responsible for any property damage or personal injury which occurs in the performance of any activity under a land disturbance permit, or other land disturbance or clearing activity, when no permit is required.
B.
No person, firm, corporation or entity shall modify, fill, excavate, pave, grade or regrade or otherwise disturb land within the Township, in any manner as to endanger or damage public or private property, or to cause physical damage or personal injury. All precautions shall be taken to prevent any damage to adjoining streets, sidewalks, buildings and other structures which could be caused by settling, cracking, soil erosion or sediment deposition.
C.
No person, firm, corporation or entity shall fail to adequately maintain in good operating order any drainage facility on his premises. All watercourses, drainage ditches, culverts, drain pipes and drainage structures shall be kept open and free flowing at all times.
D.
All graded surfaces shall be seeded, sodded, planted or otherwise protected from erosion within 20 days, weather permitting, and shall be watered, tended and maintained until growth is well established. The disturbed area and duration of exposure shall be kept within the identified limits of disturbance.
E.
Final grading shall provide a downward slope away from the house along all foundation walls.
F.
The design, installation and maintenance of erosion and sediment control measures shall be accomplished in accordance with standards and specifications established by Chapter 395, Subdivision and Land Development, and the Delaware County Soil Conservation District.
G.
Approved land disturbance permits shall be valid for a period of one year from the date of approval. Extension may be granted upon review and determination by the Township Engineer. All requests shall be in writing.
A.
All inspections shall be performed by the Township Engineer, Code Enforcement Officer or other qualified person acceptable to the Township.
B.
An initial inspection(s) to verify compliance with the installation of the preliminary soil erosion and sedimentation control measures such as silt fence, a stabilized construction entrance and other facilities shown on the grading permit plans that are required to be installed before earthmoving begins shall be completed prior to issuance of a building permit. The Township may also perform an inspection(s) to verify that tree-protection measures and controls are in place in accordance with the grading permit.
C.
Interim inspections during the course of construction may be conducted on a random basis as determined by the Township, to ensure that all required controls are in place and functioning as designed.
D.
A final inspection shall be conducted by the Township Engineer or Code Enforcement Officer to certify compliance with this chapter regarding grading. Compliance with this chapter and Chapter 395, Subdivision and Land Development, shall be necessary before issuance of an occupancy permit.
E.
If any work authorized by the Township under this chapter, under a land disturbance permit or otherwise remains uncompleted, and the permittee shall request a certificate of occupancy from the Township, a temporary certificate of occupancy may be issued, provided that said temporary certificate contains a written list of uncompleted items, is not valid for more than 30 days from the date of issuance and is acknowledged by the signature thereon of the permittee. In addition, the permittee shall post additional escrow with the Township sufficient to satisfy the cost of competing the uncompleted items listed on the temporary certificate. No permanent certificate of occupancy shall be issued until all of the uncompleted items shall have been completed.
F.
In the event that the permittee fails to satisfy the uncompleted items within the time stated on the temporary certificate, the Township may, in addition to any other remedies available to it in law or equity, draw upon said escrow funds and cause the outstanding items to be completed.
A.
An application/escrow fee, as established by resolution of the Board of Supervisors, from time to time, shall accompany each application submitted to the Township, under this chapter. Said fee shall be for cost of processing the application as well as the establishment of an escrow fund to ensure proper completion (including inspection) of the work proposed under the application. In the event that the initial escrow is not sufficient, the Township may require that additional escrow be posted.
B.
Occupancy permits may be withheld by the Township in the event that the payment of fees under this chapter are outstanding at the time of application for the occupancy permit.
Any permit issued under this chapter may be revoked or suspended by the Board of Supervisors of the Township after notice for:
A.
Failure to carry out the control measures described in the application at the appropriate times as specified in the applicable time schedule or within such reasonable extension as may be granted by the Township Engineer.
B.
Violation of any other condition of the permit.
C.
Violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation relating to the work.
D.
Existence of any condition or the doing of any act constituting or creating a nuisance, hazard or endangerment to human life or the property of others.
A.
Upon determining the violation has, or is, occurring, and except as otherwise provided in this chapter, the Township Code Enforcement Officer shall issue a notice of violation ("notice"), and the Board of Supervisors may impose a civil penalty in an amount not to exceed $600 upon the violator.
B.
Where the violation may be corrected in whole or in part by the payment of a civil penalty and the violator pays the prescribed civil penalty within 15 days of the date on the notice, the civil penalty is to be reduced by a sum equal to 50% of the stated civil penalty. Where the violation requires corrective action (or cessation of action) by the violator and the violator takes such action (or ceases such action) within the time established therefor, there shall be no civil penalty assessed.
C.
In the event that the notice is not complied with as and within the time set forth in the notice, the Township may initiate a civil enforcement proceeding before a Magisterial District Judge, by complaint or other such means as may be provided by the Pennsylvania Rules of Civil Procedure. In addition to or in lieu of civil actions before a Magisterial District Judge, the Township may enforce the chapter in an equity proceeding in the County Court of Common Pleas, as set forth in this section.
D.
In any case where a penalty for a violation of the above has not been timely paid and the person upon whom the penalty was imposed is found to have been liable therefor in civil proceedings, the violator shall be liable for the penalty imposed, including additional daily penalties for continuing violations, plus court costs and reasonable attorney fees incurred by the Township in the enforcement proceedings.
E.
Each day or portion thereof that the violation shall be found to exist, or each section of the chapter which is found to have been violated shall give rise to a separate offense under said chapter.
In case of any violation of this chapter, including, but not limited to, paving, filling, stripping, grading or regrading; any disturbing, modifying, blocking or diverting the natural overland or subsurface flow of stormwater; or any construction, erection and installation of any dam, ditch, culvert, drain pipe, bridge or any other structure or obstruction affecting the drainage of any premises, in violation of this chapter, or any regulations made pursuant thereto, the proper Township authorities, in addition to other remedies provided by law, may institute any appropriate action or proceedings to prevent such unlawful activity; to restrain, correct or abate such violation; or to prevent the use of the applicable premises. In addition, upon the failure of any permittee to complete the control measures specified in his application, the Township may revoke such permit and may proceed to complete such measures itself, and recover the cost thereof from the permittee or his surety.
The provisions of this chapter shall be and are hereby incorporated by reference in Chapter 395, Subdivision and Land Development, as if set forth at length therein.