[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The purpose of this chapter is to regulate the modification
of natural terrain and alteration of drainage by providing for certain
runoff, erosion and sediment control measures within Birmingham Township
(the "Township") to protect public health, safety and welfare. This
chapter implements Title 25, Environmental Protection, Part I, Department
of Environmental Protection, Subpart C, Protection of Natural Resources,
Article II, Water Resources, Chapter 102, Erosion and Sediment Control.
The following definitions shall apply to this chapter:
BEDROCK
The solid, undisturbed rock in place either at the ground
surface or beneath surficial soil deposits.
BORROW PIT
An open pit from which soil is excavated as a single incident
for use at a single construction site.
CUT
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.
DEVELOPMENT
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.
DISTURBED AREA
Land area disturbed by or where an earth disturbance activity
is occurring or has occurred.
EARTH DISTURBANCE (or EARTH DISTURBANCE ACTIVITY)
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.
EARTHMOVING
Any act by which soil or bedrock is cut into, quarried, displaced
or relocated.
EROSION
The process by which the surface of the land, including water/stream
channels, is worn away by water, wind, or chemical action.
EXISTING GRADE
The vertical elevation of the ground surface prior to earthmoving,
filling or stripping.
FILL
A deposit of soil or other materials placed by man.
FINISHED GRADE
The final vertical elevation of the ground after the disturbance
of the topography of the land.
GRADE/GRADING
A.
(noun) A slope, usually of a road, channel, or natural ground,
specified in percent and shown on plans as specified herein.
B.
(verb) To finish the surface of a roadbed, the top of an embankment,
or the bottom of an excavation.
GRADING PERMIT
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.
PERSON
Any individual, corporation, partnership, joint venture,
agency, unincorporated association, municipal corporation or agency
or any combination thereof.
PROPOSED GRADE
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.
SEDIMENT
Soil or other materials transported by, suspended in or deposited
by surface water as a product of erosion.
SITE
Total area of land in the Township where any proposed earth disturbance, regulated activity (as defined in Chapter
101, Stormwater Management, of the Code of the Township of Birmingham), filling or stripping is, was or will be performed or is planned, conducted, or maintained.
SOIL
All earth material of whatever origin that overlies bedrock.
STRIPPING
The removal of vegetation and/or soil.
WATERCOURSE
Any natural or artificial swale, stream, channel, drain,
pipe, culvert or other conveyance, whether aboveground or below 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 to 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 does not exceed 2,700
square feet.
F. All necessary
Department of Environmental Protection and/or county permits for earthmoving
and grading activities shall be provided to the Township prior to
the commencement of work.
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.
B. An improvements plan at the same scale as the plans required by Subsection
A, above, showing and describing all proposed changes to the site, including cuts, fills, structures, paving and utilities. This plan may be combined with the plan required in Subsection
A on simple projects.
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 of Chapter
101, 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.
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 and expenses that the Township
incurs to review and process the grading permit application and to
enforce the terms of this chapter, including legal fees.
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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.