[Ord. 471, 7/9/1975, Art. 1]
This chapter shall be known and may be cited as the "Township of Darby Erosion and Sediment Control Ordinance."
[Ord. 471, 7/9/1975, Art. 2]
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 the Township of Darby so as to assure and safeguard the health, safety, morals, and general welfare of the citizens of the Township of Darby.
[Ord. 471, 7/9/1975, Art. 3]
1.
It shall be unlawful for any person, firm or corporation to pave, fill, strip, grade, or regrade any land within the Township of Darby without first securing a permit as hereunder provided.
2.
It shall be unlawful for any person, firm or corporation to disturb, modify, block, divert, or affect the natural overland or subsurface flow of stormwater within the Township of Darby without first securing a permit as hereunder provided.
3.
It shall be unlawful for any person, firm or corporation to construct, erect, or install any drainage dam, ditch, culvert, drainpipe, bridge or any other structure or obstruction affecting the drainage of any premises in the Township of Darby without first securing a permit as hereunder provided.
4.
It shall be unlawful for any person, firm or corporation to place fill so as to adversely affect the drainage or flow of any stream or stormwater within the Township. No fill shall be placed in any low area adjoining a watercourse or other body of water which is subject to periodic flooding unless:
A.
The plans of the proposed changes have been approved by the Pennsylvania Department of Environmental Resources or its designee and a permit issued by said Department or a written statement from it stating that the proposal conforms to its design standards; and
B.
The said plans have been approved by the Township and a permit issued as hereunder provided.
[Ord. 471, 7/9/1975, Art. 4; Ord. 573, 11/26/1990; Ord. 577, 10/9/1991; Ord. 601, 3/9/1994; Ord. 630, 12/9/1998; Ord. 689, 12/8/2010; Ord. 711, 12/4/2013; Ord. No. 746, 2/10/2021]
1.
Any person, firm or corporation, proposing to engage in an activity requiring a permit shall apply for a permit by written application on a form furnished by the Township of Darby.
2.
The application for a permit shall be accompanied by a map or diagram of the property showing the present and proposed topography of the site at contour intervals not exceeding five feet on slopes of 25% or less and contour intervals not exceeding 10 feet on slopes greater than 25% and the location of all present and proposed ditches, streams, pipes and other drainage structures, and cuts or fills. In addition to showing elevations, dimensions, location and extent of all proposed grading and/or drainage, the plans shall clearly indicate all buildings, parking areas, and driveways. Further, application shall indicate the present and proposed sources, storage, and dispositions of water being channeled through or across the premises, together with elevation, gradients, and maximum flow rates. The application shall describe the work to be performed, the materials to be used, and the manner or method of performance, including provisions for protecting and maintaining existing drainage facilities in the Township of Darby, whether on public or private property. The applicant shall submit to the Township a detailed drainage study prepared by a registered professional engineer. This drainage study shall include the following information:
A.
The drainage area or area of runoff.
B.
The coefficient of surface runoff used.
C.
The storm intensity to be used should be based on a twenty-five-year-frequency storm and the storm duration in the watershed under consideration. In any event, the one-hour rainfall intensity used in computations shall be based on a one-hour rainfall of not less than three inches with 100% runoff.
D.
The time of concentration from point to point within a drainage system should equal the storm duration to be used in determining the rainfall intensity in Subsection 2C above.
E.
The roughness coefficient of a conduit or swale and a typical cross section of proposed swales with the depth of flow anticipated from the required design criteria.
F.
The slope of the conduit or swale.
G.
The velocity of flow through the conduit or swale. If load-bearing fill is proposed, a soils investigation report shall be submitted, which shall consist of test borings, laboratory testings and engineering analysis, to correlate surface and subsurface conditions with the proposed grading plan. The results of the investigations shall be presented in a report by a soil engineer, which shall include data regarding the nature, distribution and supporting ability of existing soils and rock on the site, conclusions and recommendations for grading requirements and erosion control, and recommendations to ensure stable soil conditions and groundwater control, as applicable. The Township may require such supplemental reports, and approval by the Township shall be incorporated in the plan or specifications.
3.
The application for a permit to grade shall be accompanied by an application fee of $100, plus $100 for each $1,000 or fraction thereof of the estimated cost of such work.
4.
All applicants for a permit involving an area greater than one acre shall, before any permit is granted, post a bond with the Township of Darby, in a sum to be determined by the Township Engineer, with corporate surety to be approved by the Township Solicitor, the conditions of which shall be full and complete compliance with this chapter and all terms of the permit.
5.
Double Fees. In case any work for which a permit required by this Code is started or proceeded with prior to obtaining said permit, the fee specified in this section of this Code shall be doubled, but the payment of such double fee shall not relieve any person from fully complying with the requirements of this Code in the execution of the work nor from any other penalties prescribed herein.
[Ord. 471, 7/9/1975, Art. 5]
Upon the submission of an application which conforms to the provisions of this chapter, the Township Building Inspector, after consultation with and the approval of the Township Board of Commissioners and the Township Engineer, if deemed necessary, shall issue the necessary permit.
[Ord. 471, 7/9/1975, Art. 6]
1.
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, which may be affected by the activity requiring a permit.
2.
No person, firm or corporation shall modify, fill, excavate or regrade land in any manner so close to a property line as to endanger or damage any adjoining public 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.
3.
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 structures in such a manner as to obstruct free flow.
4.
No person, firm or corporation shall fail to adequately maintain in good operating order any drainage facility on his premises. All drainage ditches, culverts, drainpipes, and drainage structures shall be kept open and free-flowing at all times.
5.
The owner of any property on which any work has been done pursuant to a permit granted under the provisions of this section shall continuously maintain and repair all graded surfaces and anti-erosion devices, retaining walls, drainage structures and other protective devices, plantings and ground cover installed or completed.
6.
All plans and specifications accompanying applications for permits shall include provisions for both interim (temporary) and ultimate (permanent) erosion, sediment and stormwater runoff control.
A.
The design, installation and maintenance of erosion and sediment control measures shall be accomplished in accordance with guidelines as may be established from time to time by the Delaware County Soil and Water Conservation District, as adopted from Standards and Specifications of the United States Department of Agriculture, Soil Conservation Service, and the Pennsylvania Department of Environmental Resources.
B.
All graded surfaces shall be seeded, sodded, and/or planted or otherwise protected 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.
Fills with slopes steeper than three horizontal to one vertical toeing out on natural slopes steeper than four horizontal to one vertical shall not be made unless approved by the Township Engineer, by a soil engineer certifying that he has investigated the property, made soil tests and that in his opinion such steeper slopes will safely support the proposed fill.
8.
All trees in areas of extreme grade change shall be removed unless protected with suitable tree wells. However, extreme precautions shall be taken to prevent the unnecessary removal of trees.
9.
The following provisions apply to the carrying and disposal of stormwater runoff:
A.
All drainage facilities shall be designed, in the most practicable fashion, to carry surface water in such a manner as to prevent erosion, overflow or ponding.
B.
The ponding of water shall not be permitted above cut or fill slopes or on drainage terraces. Water shall not be impounded on adjacent property. Adequate drainage facilities shall be provided to prevent such ponding.
C.
The applicant shall make adequate provisions to prevent any surface waters from damaging the face of any excavation or fill. All slopes shall be temporarily and permanently protected from surface water runoff from above by interceptor and diversion berms, swales, or brow or berm ditches and shall be sodded, seeded and planted, unless the Township determines such treatment is unnecessary and specifically waives this requirement.
D.
All drainage terraces, interceptor and diversion berms, swales, and brow or berm ditches shall be designed and constructed according to the design criteria herein and, when required by the Township Engineer, shall be piped or paved or otherwise improved to the satisfaction of the Township.
10.
When required, adequate provisions shall be made for dust-control measures as are deemed acceptable by the Township.
11.
When required, the applicant shall agree to the granting and recording of easements for drainage facilities, including acceptance of the discharge of water on the property of others, provisions for maintenance of slopes and swales, and access for the maintenance of anti-erosion facilities.
[Ord. 471, 7/9/1975, Art. 7]
1.
The applicant, in any activity requiring a permit and/or which involves 10 or fewer single-family residences, after commencing initial operation, shall request, in writing, inspection by the Township Engineer, at the following stages:
A.
Upon completion of stripping, the stockpiling of topsoil and disposal of all unsuitable materials, but prior to beginning any other preparation of the ground.
B.
Upon completion of preparation of the ground to receive fill, but prior to beginning any placement.
C.
Upon completion of rough grading, but prior to placing topsoil, permanent drainage or other site development improvements and ground covers.
D.
Upon completion of final grading, permanent drainage and erosion control facilities, including established ground covers and planting, and all other work of the permit.
2.
The applicant, in all other cases than that referred to in Subsection 1, 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:
A.
Prior to commencement of grading operations, to determine suitability of all proposed fill materials.
B.
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.
C.
Upon completion of preparation of the ground to receive fill, but prior to beginning or placement.
D.
Upon completion of structural fill placement, such that the following earth fill procedures are assured:
(1)
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.
(2)
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 must be provided before placement of fill is undertaken.
(3)
When the fill area has been prepared as specified, the existing ground surface should be compacted by the specified method for compacting fill.
(4)
Fill should begin at the lowest section of the area. Fill should be spread in eight-inch layers prior to compaction. Each layer should be approximately horizontal, but small slopes can be permitted in order to provide for surface runoff.
(5)
Each layer of fill should be inspected prior to compaction. All roots, vegetation, or debris should be removed. Stones larger than 16 inches in diameter should be removed or broken. The moisture content of each layer should be determined to be suitable for compaction.
(6)
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 been demonstrated that satisfactory results can be obtained with it.
(7)
Each layer of compacted fill should be tested to determine its dry density as per ASTM D 1556, when required by the Township Engineer. The density of each layer should be not 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.
(8)
Only when the compacted layer has been shown to be as specified should other layers of fill be placed above it.
(9)
Visual inspection of borrow materials should be made periodically to assure that no variation in the fill material has occurred.
E.
Upon completion of rough grading, but prior to placing topsoil, permanent drainage or other site development improvements and ground covers.
F.
Upon completion of trench backfilling operations so that testing can be performed as specified in Subsection 2D.
G.
Upon completion of final grading, permanent drainage and erosion control facilities, including established ground covers and planting, and all other work of the permit.
[Ord. 471, 7/9/1975, Art. 8]
All applicants shall bear all costs of inspections required hereunder and shall deposit with the Township Treasurer such sums as the Township Board of Commissioners shall determine, to guarantee payment of the costs of such inspections. The costs of inspections shall be at the rate charged to the Township by the Township Engineer.
[Ord. 471, 7/9/1975, Art. 10; as amended by Ord. 572, 10/10/1990]
Any person, firm or corporation violating any provision of this chapter shall, upon summary conviction before any District Justice of the Peace, be sentenced to pay a fine not exceeding $600 and costs of prosecution, or in default of payment thereof shall be subject to imprisonment for a term of not more than 30 days. Each and every day in which any person, firm or corporation shall be in violation of this chapter shall constitute a separate offense.