[HISTORY: Adopted by the Board of Supervisors of the Township
of Pocopson 11-19-2012 by Ord. No. 5-2012. Amendments noted where
applicable.]
The purpose of this chapter is to regulate modification of natural
terrain and alteration of drainage by providing for certain runoff,
erosion and sediment control measures within Pocopson Township (the
"Township") to protect public health, safety and welfare. It implements
Title 25, Rules and Regulations, Part I, Commonwealth of Pennsylvania,
Department of Environmental Resources, Subpart C, Protection of Natural
Resources, Article II, Water Resources, Chapter 102, Erosion Control.
[Amended 12-2-2013 by Ord. No. 2-2013]
The following definitions shall apply to this chapter:
The solid, undisturbed rock in place either at the ground
surface or beneath surficial soil deposits.
An open pit from which soil is excavated as a single incident
for use at a single construction site.
The action of removing soil or rock material from a location
by any means that will alter the existing grade elevation or create
a change in stormwater runoff patterns.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
Land area disturbed by or where an earth disturbance activity
is occurring or has occurred.
A construction or other human activity which disturbs the
surface of the land, including, but not limited to, clearing and grubbing;
grading; excavations; embankments; road maintenance; land development;
building construction; and the moving, depositing, stockpiling, or
storing of soil, rock or earth materials.
Any act by which soil or bedrock is cut into, quarried, displaced
or relocated.
The process by which the surface of the land, including water/stream
channels, is worn away by wind, water, or chemical action.
The vertical elevation of the ground surface prior to earthmoving,
filling or stripping.
A deposit of soil or other materials placed by man.
The final vertical elevation of the ground after the disturbance
of the topography of the land.
The permit required to be issued prior to the disturbance
of the topography and vegetation of the land in connection with the
conduct of activities regulated by this chapter.
Any individual, corporation, partnership, joint venture,
agency, unincorporated association, municipal corporation or agency
or any combination thereof.
The proposed elevation of the ground surface or land upon
which any fill is proposed to be placed or site alteration is proposed
to occur.
Soil or other materials transported by, suspended in or deposited
by surface water as a product of erosion.
Total area of land in the Township where any proposed earth disturbance, regulated activity (as defined in Chapter 178), filling or stripping is, was or will be performed or is planned, conducted, or maintained.
All earth material of whatever origin that overlies bedrock.
The removal of vegetation and/or soil.
Any natural or artificial swale, stream, channel, drain,
pipe, culvert or other conveyance, whether above or below the ground,
in which waters flow continuously or intermittently.
Whenever the topography and vegetation are to be disturbed,
a plan for the control of erosion and sediment is required. The following
regulations shall apply to any person engaging in activities which
disturb the topography and vegetation of land:
A.
It shall be unlawful for any person to do any site work in conjunction
with development, including but not limited to stripping, grading,
earthmoving, filling and establishment of open-pit mines or borrow
pits for any purpose without first securing a grading permit.
B.
It shall be unlawful for any person to pave, fill, strip, change
the existing grade or otherwise disturb the topography or vegetation
of any land within the Township without first securing a grading permit.
C.
It shall be unlawful for any person to disturb, modify, block, divert
or affect the natural overland or subsurface flow of stormwater within
the Township without first securing a grading permit.
D.
It shall be unlawful for any person to construct, erect or install
any dam, ditch, culvert, drainpipe, bridge or any other structure
of obstruction affecting the drainage of any premises in the Township
without first securing a grading permit.
E.
Notwithstanding Subsections A through D, no grading permit shall be required for the following, provided the grading activity will not change the grade to an extent which it alters the direction, rate, or volume of stormwater runoff as determined by the Township:
(1)
The use of land for gardening for home consumption.
(2)
Any activity for which a permit must be obtained from an agency of
the Commonwealth of Pennsylvania.
(3)
Normal agricultural operations.
(4)
Any land-grading activity where the proposed cumulative increase
in impervious coverage after the date of this chapter is less than
1,000 square feet.
(5)
Any grading activity where the total area disturbed at one time does
not exceed 2,000 square feet.
F.
All necessary Department of Environmental Protection and/or county
permits for earthmoving grading activities shall be provided to the
Township prior to the commencement of work.
A.
Any person proposing to engage in activity requiring a grading permit
shall complete the necessary Township application. A separate application
shall be required for each grading permit.
B.
The applicant is encouraged to consult with surrounding municipalities
which may be affected by, or may affect the proposed land development.
The applicant should also review the Subdivision and Land Development
Chapter[1] and Zoning Chapter[2] of the Township Code, which regulate land development
within the Township.
C.
The Board of Supervisors shall have the right to waive the grading
permit and/or data required for a grading permit where, in its sole
discretion, the activity does not warrant a plan and/or grading permit.
The application for a grading permit shall be accompanied by
the following:
A.
Area plan(s) of the property at a suitable scale of no less than
one inch equals 50 feet and contour intervals of no more than two
feet, prepared by a registered engineer or surveyor, that shows and
describes existing and proposed features of the area surrounding the
location of the site work, including boundary lines, topography, existing
vegetation, soil types, watercourses, man-made features, steep slopes,
woodlands, the affected watersheds and other pertinent natural features.
C.
A written description of soil erosion and sediment control measures (with appropriate plans and specifications), in accordance with standards and specifications of the USDA Soil Conservation Service, Chester County Conservation District and Township ordinances, including, without limitation, retention basins or other stormwater management measures necessary to limit the rate of stormwater runoff to comply with the requirements Chapter 178, Stormwater Management.
D.
A time schedule indicating the anticipated start and completion dates
of the development sequence and the time of exposure of each area
prior to the completion of such measures.
E.
As may be required by the Township Zoning Officer or Engineer, a
description of adequate dust-control measures.
F.
All plans and specifications accompanying applications for grading
permits shall include provisions for both temporary and permanent
erosion and sediment control.
G.
Such other additional items as may be required by the Zoning Officer
or Township Engineer.
The Zoning Officer or the Township Engineer shall approve and
issue all grading permits in writing.
A.
The permittee is responsible for any property damage or personal
injury caused by his activity authorized by the grading permit.
B.
No person shall modify, fill, excavate, pave or regrade land in any
manner as to endanger or damage public or private property or to cause
physical damage or personal injury. All precautions will be taken
to prevent any damage to adjoining streets, buildings and other structures
which could be caused by settling, cracking, erosion or sediment.
C.
No person 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.
No person shall deposit or place any debris or other material in
any watercourses, drainage ditch or structure in such a manner as
to obstruct free flow.
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 such as retaining
walls, drainage structures or means, plantings and ground cover, installed
or completed. This obligation shall apply not only to the permit holder
but also to his successors in title to the property.
F.
All finished graded surfaces shall be seeded, sodded, planted or
otherwise protected from erosion immediately upon completion of the
grading operation, and shall be watered, tended and maintained until
growth is well established. The disturbed area and duration of exposure
shall be kept to a practical minimum.
G.
Precautions shall be taken to prevent the unnecessary removal of trees and assure their protection as per Zoning Code § 250-87, Conservation of natural features.
H.
The design, installation and maintenance of erosion and sediment
control measures shall be accomplished in accordance with standards
and specifications established by the USDA Soil Conservation Service,
the Pennsylvania Department of Environmental Protection and the Chester
County Soil Conservation District except as otherwise stipulated in
this chapter or other applicable Township ordinances.
I.
A quality control program is critical for fills. Therefore, wherever
load-bearing fill material is to be used, each layer of compacted
fill shall be tested to determine its dry density per ASTM D 1556.
The density of each layer shall not be less than 95% of maximum dry
density as determined by ASTM D 1557.
J.
Compaction test reports shall be kept on file at the site and shall
be available for review at all times by the Zoning Officer or Township
Engineer.
K.
Major modifications of the approved application and plans shall be
submitted to the Township and reprocessed in the same manner as the
original application and plans. Field modifications of a minor nature
may be authorized by the Zoning Officer or Township Engineer, provided
that written authorization is given to the person performing work
pursuant to this chapter, with a copy forwarded to the Soil and Water
Conservation District.
A.
All inspections shall be the responsibility of the Zoning Officer
or Township Engineer. The permittee shall notify the Zoning Officer
or Township Engineer 48 hours before commencement of work.
B.
A final inspection shall be conducted by the Zoning Officer or Township
Engineer to certify compliance with this chapter. Satisfactory compliance
with this chapter shall be necessary before issuance of an occupancy
permit, if applicable.
The Board of Supervisors shall, by resolution, adopt a schedule
of fees and a collection procedure which shall be kept on file by
the Township Secretary and shall be revised as necessary by the Board
of Supervisors. The permittee shall also reimburse the Township the
cost for the Township Engineer to review the plans and application
where applicable and for any other fees as established by a professional
services authorization for the Township Engineer's services.
Any permit issued under this chapter may be revoked or suspended
by the Zoning Officer or Township Engineer 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 Zoning
Officer or 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 performing any act constituting or
creating a nuisance, hazard or endangering human life or the property
of others.
Each grading permit issued hereunder shall expire at the end
of the period of time set out in the permit. The permittee shall complete
all required work within the time limit specified in the grading permit.
If the permittee shall be unable to complete the work within the specified
time, he shall, within 30 days prior to expiration of the grading
permit, present, in writing, to the Zoning Officer or Township Engineer
a request for an extension of time, setting forth therein the reasons
for the requested extension. If in the discretion of the Zoning Officer
or Township Engineer such an extension is warranted, he may grant
additional time for the completion of the work. Where the Zoning Officer
or Township Engineer determines that the extension of time will require
a substantial modification of the runoff and erosion control plan,
any extension of a grading permit shall be subject to approval of
a revised runoff and erosion control plan by the Chester County Conservation
District and/or the Zoning Officer or Township Engineer.
[Amended 12-2-2013 by Ord. No. 2-2013]
Any person who violates or permits the violation of any provision
of this chapter shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township, pay a judgment of
not more than $500 plus all court costs, including reasonable attorney
fees incurred by the Township as a result thereof. No judgment shall
commence or be imposed, be levied, or be payable until the date of
determination of a violation by the Magisterial District Judge. If
the defendant neither pays nor timely appeals the judgment, the Township
may enforce the judgment pursuant to the applicable Rules of Civil
Procedure. Each day that a violation continues shall constitute a
separate violation, unless the Magisterial District judge determining
that there has been a violation further determines that there was
a good faith basis for the person violating the chapter to have believed
that there was no such violation, in which event there shall be deemed
to have been only one such violation until the fifth day following
the date of the determination of a violation by the Magisterial District
Judge. Thereafter, each day that a violation continues shall constitute
a separate violation. All judgments, costs and reasonable attorney
fees collected for the violation of this chapter shall be paid over
to the Township. The Township may also pursue any other remedies available
to it at law or in equity.
