Township of Newtown, PA Chapter 138 Soil Erosion and Sediment Control

[HISTORY: Adopted by the Board of Supervisors of the Township of Newtown 10-14-1974 as Article 1711 of the Codified Ordinances of Newtown Township 1973. Amendments noted where applicable.]

§ 138-1 Purpose.

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 Newtown Township so as to assure and safeguard health, safety, terrain, ecology and general welfare in the Township.

§ 138-2 Definitions.

[Amended 9-10-1979 by Ord. No. 1979-5]

As used in this chapter, the following terms shall have the meanings indicated:

SOIL EROSION AND SEDIMENT CONTROL PLAN

A plan of a system of coordinated devices to prevent the dislocation and transportation of soil during a period of time when natural vegetation is disturbed.

STORMWATER MANAGEMENT PLAN

A plan for controlling water runoff so that it will not cause erosion or flooding and for minimizing the effects of impervious areas on water runoff.

§ 138-3 Activities requiring permit.

A. No person, firm or corporation shall pave, except for single-family driveways, fill, strip, grade or regrade any land within the Township without first obtaining a permit as provided in this chapter.

B. No person, firm or corporation shall disturb, modify, block, divert or affect the natural overland or subsurface flow of stormwater within the Township without first obtaining a permit as provided in this chapter.

C. No person, firm or corporation shall construct, erect or install any drainage dam, ditch, culvert, drain pipe, bridge or any other structure or obstruction affecting the drainage of any premises in the Township without first obtaining a permit as provided in this chapter.

§ 138-4 Permit application; fee; plan design criteria.

A. Any person, firm or corporation proposing to engage in an activity requiring a permit as provided in § 138-3 shall apply for a permit by written application on a form furnished by the Township.

B. The application for a permit shall be accompanied by a plan of the property showing as a minimum:

[Amended 9-10-1979 by Ord. No. 1979-5]

(1) The property boundaries of the site on which the work is to be performed.

(2) The topographic features of the site both existing and proposed.

(3) The topographic features surrounding the site or property which are of importance to the proposed development and its drainage consideration.

(4) The soil types on the site.

(5) Soil erosion and sedimentation control measures proposed for the work as well as permanent stormwater management features which will be incorporated into the finished topography.

C. The application for a permit shall be accompanied by a fee computed in accordance with a schedule to be established from time to time by resolution of the Board of Supervisors.

[Amended 4-10-1978 by Ord. No. 1978-6]

D. In addition to the above, unless waived by the Township, the application shall be accompanied by a detailed soil erosion and sedimentation control plan and a permanent stormwater management plan conforming to the requirements of this chapter, Chapter 143, Stormwater Management, and as follows:

[Amended 9-10-1979 by Ord. No. 1979-5; 1-12-1998 by Ord. No. 1998-3; 9-11-2000 by Ord. No. 2000-8; 3-14-2005 by Ord. No. 2005-2]

(1) On-site ameliorating measures shall be incorporated into the final plan to the satisfaction of the Township Engineer. These measures shall serve to eliminate any increase whatsoever in the rate of runoff from proposed impervious areas.

(2) Silt retention devices shall be removed, and permanent, maintenance-free drainage structures shall be constructed upon the complete restabilization of soil as determined by the Township Engineer.

(3) All drainage facilities shall be designed in the most practicable fashion to carry surface water in such a manner as to prevent erosion or uncontrolled overflow.

(4) No slopes deeper than two horizontal to one vertical shall be permitted. Slopes steeper than 3:1 shall be peg-sodded or seeded and covered with jute matting or similar material.

(5) The design, installation and maintenance of erosion and sedimentation control measures shall be in accordance with guidelines as may be established from time to time by the Soil Conservation Service[1] of the United States Department of Agriculture and the Township Engineer.

[1] Editor's Note: The Soil Conservation Service is now known as the Natural Resources Conservation Service (NRCS).

(6) All graded surfaces shall be seeded, sodded and/or planted or otherwise protected as required in Subsection D(4) hereof 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. The disturbed area and duration of exposure shall be kept to a practical minimum.

(7) All trees in areas of extreme grade change shall be removed unless protected with suitable tree wells or mounds. However, extreme precautions shall be taken to prevent the unnecessary removal of trees.

(8) When required, adequate provisions shall be made for dust control measures as are deemed acceptable by the Township.

(9) When required, the applicant shall agree to the granting and recording of easements for drainage facilities, including acceptance of the discharge water on the property of others, provisions for maintenance of slopes and swales and access for the maintenance of anti-erosion facilities.

§ 138-5 Permit issuance; renewal.

A. Upon the submission of a complete application which conforms to the provisions of this chapter, the Township Manager or his designee shall issue the necessary permit.

[Amended 6-12-1995 by Ord. No. 1995-5]

B. Except in the case of a new single-family home, where the scope of a permit requires that it is extended longer than one year, the permit shall be renewed annually with additional fees paid. No permit shall be issued for longer than three years without the approval of the Board of Supervisors.

[Amended 10-10-1983 by Ord. No. 1983-12]

§ 138-6 General regulations.

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, as well as sedimentation pollution which may be affected by the activity requiring a permit.

[Amended 9-10-1979 by Ord. No. 1979-5]

B. No person, firm or corporation shall modify, fill, excavate, pave, grade or regrade land in any manner so close to a property line as to endanger or damage any adjoining 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 or its premises. All drainage ditches, culverts, drain pipes 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 done pursuant to a permit granted under this chapter 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.[1]

[1] Editor's Note: Original Subsections (f) through (l), which immediately followed this subsection, were repealed 9-10-1979 by Ord. No. 1979-5.

§ 138-7 Inspections; costs.

A. The applicant, in any activity requiring a permit and which involves 10 or fewer single-family residences, after commencing initial operation shall request, in writing, 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 the 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 done under the permit.

B. The applicant, in all other cases other than that referred to in Subsection A hereof, after commencing initial operations shall request, in writing, 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 the 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 earthfill 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 shall 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 slight slopes can be permitted in order to provide for surface water runoff.

(e) Each layer of fill shall 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 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 D 1556. The density of each layer should not be less than 95% of maximum dry density as determined by ASTM D 1557. 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 D 1557.

(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) hereof.

(7) Upon completion of final grading, permanent drainage and erosion control facilities, including established ground covers and planting, and all other work done under the permit.

C. All applicants, except those applying for permits in relation to the construction of a new single-family housing unit, shall bear all the costs of inspections required hereunder and shall deposit with the Township such sum as shall be determined by the Township Engineer to cover the cost of such inspections.

[Amended 4-10-1978 by Ord. No. 1978-6]

§ 138-8 Violations and penalties.

[Amended 4-24-1995 by Ord. No. 1995-2; 6-12-1995 by Ord. No. 1995-5]

Whoever violates any provision of this chapter shall be fined not more than $1,000 and costs and, in default of payment thereof, shall be imprisoned not more than 30 days. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.