[Ord. 737, 1/19/2017]
This chapter shall be known and may be cited as the "Earth Disturbance
Ordinance."
[Ord. 737, 1/19/2017]
The purpose of this chapter is to set forth the minimum requirements
for erosion and sedimentation control and control of the grading,
excavating, filling, removal or destruction of topsoil, trees or other
vegetative cover or land and impervious surfaces to diminish threats
to public health, safety and welfare, public and private property,
and natural resources.
[Ord. 737, 1/19/2017]
1.
All regulated
activities, earth disturbance activities, grading, and all activities
that may affect erosion and sedimentation, including but not limited
to land development, are subject to regulation by this chapter. From
and after the effective date of this chapter, regulated activities
shall be in conformity with this chapter and all standards and specifications
adopted as part of this chapter.
2.
In the event of any conflict between the regulations and requirements set forth in this chapter, Chapter 27, Zoning, Chapter 22, Subdivision and Land Development, Chapter 26, Part 4, Stormwater Management, or other requirements of Warminster Township, the more restrictive standard or the regulation imposing the higher standard shall be controlling. The standards and requirements set forth in this chapter and those similar standards and requirements set forth in Chapter 22, Subdivision and Land Development, and Chapter 26, Part 4, Stormwater Management, are intended to be read together when determining compliance.
3.
Regulated activities include, but are not limited to:
A.
Land development.
B.
Subdivisions.
C.
Earth disturbance activities.
D.
Grading.
E.
Construction or reconstruction of, or addition of, new impervious
or semipervious surfaces (i.e., driveways, parking lots, roads, etc.).
F.
Construction of new buildings or additions to existing buildings.
G.
Construction of new structures or additions to existing structures,
including accessory structures.
H.
Redevelopment.
I.
Any of the above regulated activities which were approved more than
five years prior to the effective date of this chapter and are resubmitted
for municipal approval.
[Ord. 737, 1/19/2017]
1.
A permit will not be required in the following situations, but in
all other respects, the provisions of this chapter shall apply:
A.
Cumulative earth disturbance activity which does not exceed 1,000
square feet.
2.
An exemption shall not relieve the applicant from implementing such
measures as are necessary to protect public health, safety, and property.
[Ord. 737, 1/19/2017]
1.
Approvals
issued pursuant to this chapter do not relieve the applicant of the
responsibility to secure required permits or approvals for activities
regulated by any other applicable code, rule, act, or ordinance.
2.
Earth
disturbance activities and associated erosion and sediment control
measures are also regulated under existing state law and implementing
regulations. This chapter shall operate in conjunction with those
parallel requirements; the requirements of this chapter shall be no
less restrictive in meeting the purposes of this chapter than state
law.
3.
The provisions
of this chapter shall be held to be minimum requirements to meet the
above-stated purposes. When the provisions of this chapter impose
greater restrictions than those of any state statute, other ordinance,
or regulations, the provisions of this chapter shall be controlling
unless specified to the contrary.
4.
Whenever
the provisions of any other statute or ordinance or regulation impose
greater restrictions than those of this chapter, the provisions of
such other statute, ordinance or regulation shall prevail.
5.
This chapter
does not repeal, abrogate, annul or in any way impair or interfere
with existing provisions of other laws or ordinances, except those
specifically or explicitly repealed by this chapter, or any restrictions
placed upon property by covenant, deed or other agreement, unless
repugnant hereto.
