[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; as amended by Ord. 573, 11/26/1990;
by Ord. 577, 10/9/1991; by Ord. 601, 3/9/1994; by Ord. 630, 12/9/1998;
and by Ord. 689, 12/8/2010]
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 $75, plus $100 for each $1,000 or fraction thereof
of the estimated cost of such work.
[Amended by Ord. 711, 12/4/2013]
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.