[Ord. No. 651, § 1, 7-10-1972]
This article shall be known and may be cited as "The Plymouth Township Erosion Control and Sediment Control Ordinance."
[Ord. No. 651, § 1, 7-10-1972]
The purpose of this article is to provide minimum standards to safeguard persons, to protect property and to promote the public welfare by regulating and controlling the design, construction, quality of materials, use, location and maintenance of grading, excavation and fill.
[Ord. No. 651, § 2, 7-10-1972]
Wherever used in this article the following words shall have the meaning indicated:
A permit issued by the building inspector pursuant to the provisions of the Township building code for the construction, erection or alteration of a structure or building.
An excavation, the difference between a point on the original ground and a designated point of lower elevation on the final grade. Also, the material removed in excavation.
Any act by which earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom.
Any act by which earth, sand, gravel, rock or any other material is deposited, placed, pushed, dumped, pulled, transported or moved to a new location and shall include the conditions resulting therefrom.
The elevation of the existing ground surface at the location of any proposed excavation or fill.
Any permit required under division 2 of this article.
The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the soil but runs off the surface of the land.
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.
The process by which mineral or organic matter is accumulated or deposited by moving wind, water or gravity. Once this matter is deposited (or remains suspended in water), it is usually referred to as "sediment."
A lot, tract or parcel of land, or a series of lots, tracts or parcels of land, joined together where grading work is continuous and performed at the same time.
The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed as a ratio of horizontal distance to verticals or in a percentage based upon vertical difference in feet per one hundred (100) feet of horizontal distance.
Chemical or structural treatment designed to increase or maintain the stability of a mass of soil or otherwise to improve its engineering properties.
[Ord. No. 651, § 3, 7-10-1972]
New grading, excavations and fills, or changes, additions, repairs or alterations made to existing excavations and fills, including the construction of berms, shall conform to the provisions of this article, except that this article shall not apply to:
[Ord. No. 651, § 9, 7-10-1972]
(a)
The township council, in its consideration of all preliminary plans of subdivision and development of land shall condition its approval upon the execution of a formal agreement to provide erosion and sediment control measures as required by this article.
(b)
Final plans for minimizing erosion and sedimentation as approved shall be incorporated into the agreement and bond requirements, as required under the township subdivision regulations.
(c)
At the time that a building permit is applied for, a review shall be conducted by the township engineer to insure conformance with the plan as approved. During the construction further consultative technical assistance shall be furnished, as required, by the township engineer and the county soil and water conservation district. During this development phase, the township engineer shall inspect the development site and enforce compliance with the approved plans.
(d)
The approval of plans and specifications for the control of erosion and sedimentation shall be concurrent with the approval of the final plats of subdivision or development of land and become a part thereof.
(e)
No subdivision or development of land plan shall be approved unless there has been a plan approved that provides for minimizing erosion and sedimentation consistent with this section, and an improvement bond or other acceptable security is deposited with the township in the form of an escrow guarantee which will ensure installation and completion of the required improvements.
[Ord. No. 651, § 11, 7-10-1972]
(a)
Whenever sedimentation is caused by stripping vegetation and/or grading, it shall be the responsibility of the person causing such sedimentation to remove it from all lower properties, drainage systems and watercourses and to repair any damage at his expense as quickly as possible at the direction of the township engineer.
(b)
Maintenance of all drainage facilities and watercourses within any subdivision or land development shall be the responsibility of the developer until they are accepted by the township or some other official agency, after which they become the responsibility of the accepting agency.
(c)
It shall be the responsibility of any person doing any act on or across a stream, watercourse or swale or upon the flood plain or right-of-way thereof to maintain as nearly as possible in its present state the stream, watercourse, swale, flood plain or right-of-way during the pendency of the activity and to return it to its original or equal condition after such activity is completed.
(d)
Maintenance of drainage facilities or watercourses originating and completely on private property shall be the responsibility of the owner to their point of open discharge at the property line or at a communal watercourse within the property.
(e)
No person shall block, impede the flow of, alter, construct any structure or deposit any material or thing, or commit any act which will affect normal or flood flow in any communal stream or watercourse without having obtained prior approval from the township and/or department of forests and waters, whichever is applicable.
(f)
Adequate right-of-way and/or easements shall be provided for all drainage facilities and watercourses which are proposed for acceptance by the township or other official agency.
(g)
Each person who makes any surface changes shall be required to:
(1)
Collect on-site surface runoff and dispose of it to the point of discharge into the common natural watercourse of the drainage area.
(2)
Handle existing off-site runoff through his development by designing to provide adequately for storm runoff from a fully developed area upstream.
(3)
Pay such share of the total cost of labor and material needed to widen and improve the common natural watercourse either upstream or downstream from the development, based on a fully developed drainage area as shall be made necessary to accommodate the additional surface waters resulting from the development of such ground.
(4)
Provide and install at his expense, in accordance with township requirements, all drainage and erosion control improvements (temporary and permanent) as required by the township engineer.
[Ord. No. 651, § 12, 7-10-1972]
(a)
The township engineer shall, when requested, make the inspections hereinafter required and shall either approve that portion of the work which has been completed or notify the permit holder wherein the same fails to comply with the provisions of this article. Where it is found by inspection that the soil or other conditions are not as stated or shown in the application, the township engineer may refuse to approve further work until approval is obtained for a revised grading plan conforming to existing conditions.
(b)
Plans for grading work, bearing the stamp of approval of the township engineer, shall be maintained at the site during the progress of the grading work and until the work has been approved.
(c)
The permit holder shall notify the township engineer in order to obtain inspections in accordance with the following schedule and at least twenty-four (24) hours before the inspection is to be made:
(1)
Initial inspection. When work on the excavation or fill is about to be commenced.
(2)
Rough grading. When all rough grading has been completed.
(3)
Drainage facilities. When drainage facilities are to be installed and before such facilities are backfilled.
(4)
Special structures. When excavations are complete for retaining and crib walls and when reinforcing steel is in place and before concrete is poured.
(5)
Final inspection. When all work, including the installation of all drainage and other structures has been completed.
(d)
If at any stage of the work, the township engineer shall determine by inspection that the nature of the formation is such that further work, as authorized by any existing permit, is likely to endanger property, or streets, or alleys, or create hazardous conditions, the township engineer may require as a condition to allowing the work to be done that such reasonable safety precautions be taken as the township engineer considers advisable to avoid such likelihood of danger. Safety precautions may include, but shall not be limited to, specifying a flatter exposed slope, construction of additional drainage facilities, berms, terracing, compaction or cribbing.
[Ord. No. 651, § 13, 7-10-1972]
The owner of any property on which an excavation or fill has been made shall maintain in good condition and repair all retaining walls, cribbing, drainage structures, fences and other protective devices.
[Ord. No. 651, § 14, 7-10-1972]
(a)
If upon final inspection of an excavation or fill, it is found that the work authorized by the grading permit has been satisfactorily completed in accordance with the requirements of this article, and any other requirements imposed, a grading certificate covering such work, and stating that the work is approved, shall be issued to the permit holder by the township engineer.
(b)
The township engineer shall have the power to revoke any grading certificate whenever he finds that the work covered by the certificate has been materially extended or altered, without a permit to do so, or that any retaining walls, cribbing, drainage structures, fence or other protective device shown on the approved plans and specifications submitted with the application for a permit have not been maintained in good order and repair. Before such revocation, the township engineer shall first give written notice to the permit holder and to the owner of the property involved, specifying the defective condition and stating that unless such defective condition is remedied satisfactorily, within a specified time, the grading certificate may be revoked. If the defective condition is remedied, the certificate shall not be revoked.
[Ord. No. 651, § 8, 7-10-1972]
The township council shall promptly consider appeals from the provisions of this article or from the determinations of the township engineer and the board shall make determinations of alternative methods, standards or materials when, in its opinion, strict compliance with the provisions of this article is not necessary.
[Ord. No. 651, § 15, 7-10-1972]
(a)
No person shall construct, enlarge, alter, repair or maintain any grading, excavation or fill, or cause the same to be done, contrary to or in violation of any provision of this article.
(b)
When written notice of a violation of any of the provisions of this article has been served by the township engineer on any person, such violation shall be discontinued immediately.
(c)
Any person violating any of the provisions of this article shall be liable on conviction thereof to a penalty as provided in section 1-9 of this Code for each and every offense, and whenever such person shall have been notified by a Township official by service of summons in a prosecution or other written notice that he is committing such violation of this article, each day that he shall continue such violation after such notification shall constitute a separate offense.
[Ord. No. 651, § 16, 7-10-1972]
In case any work is performed by any person in violation of any of the provisions of this article, the proper officer of this Township, in addition to other remedies, may institute in the name of the Township any appropriate action or proceeding, whether by legal process or otherwise, to prevent such unlawful work and to restrain or abate such violation.