Township of Upper Merion, PA Article V Administrative Requirements

§ 140A-20 Permit requirements.

A. All persons proposing to construct stormwater control facilities and/or BMPs, commence grading and/or perform earth disturbance activities shall meet the following permit requirements:

(1) The following activities are exempt from permitting requirements:

(a) Earth disturbance activities that only involve the removal of trees or other vegetative cover of the land where less than 2,000 square feet of land is disturbed are exempt from any permitting requirements.

(b) The addition of less than a total of 250 square feet of impervious surface on a single-family detached lot, totaled cumulatively, provided that no structures are built or grading done that would change the existing flow of stormwater or adversely affect abutting properties. The Township may require applicants to obtain a Class A permit when the flow or location of stormwater will be changed or abutting properties will be adversely affected.

(2) Class A permits.

(a) Stormwater, grading and earth disturbance activities on a lot that are not exempted are required to get a Class A permit.

(b) Other stormwater, grading and earth disturbance activities which meet all of the following criteria shall be required to get a Class A permit:

[1] No more than 20 cubic yards of material are excavated or filled, measured cumulatively from the date of adoption of this chapter.

[2] No more than 3,000 square feet of new impervious or semipervious material is constructed on a site, measured cumulatively from the date of adoption of this chapter.

[3] No more than 5,000 square feet of trees or other vegetation is stripped or removed from the land, measured cumulatively from the date of adoption of this chapter.

(3) Class B permits. Stormwater, grading and earth disturbance activities which do not meet the requirements for a Class A permit and are not exempted shall be required to get a Class B permit.

B. Permits shall be valid for only one site; however, one permit may cover all stormwater control, grading and erosion and sediment control activities on the same site.

C. Permits issued pursuant to this chapter do not relieve the owner of the site of responsibility for securing required permits for work to be done which is required by any other applicable code, rule, statutes, regulations or ordinances. This chapter shall not preclude the inclusion in such other permit of more stringent requirements concerning regulation of runoff and erosion.

D. Application for permit. A written application from the owner of the site or his authorized representative, in the form prescribed by the Township, shall be required for each permit. No permit shall be transferable without the written consent of the Township.

E. Fees. The applicant shall pay fees and costs incurred by the Township (including fees for services provided by Township consultants) for the processing of plans, the inspection of facilities, and improvements and the drafting of any and all documents necessary to carry out the terms of this chapter. Such fees and costs shall be as set forth from time to time by the Board of Supervisors by ordinance or resolution.

F. The application shall be approved or denied within 30 working days of receipt of administratively complete application and fee. The Township shall notify the applicant if the application is determined to be incomplete or contains information that cannot be verified. Upon receipt of the supplemental information, the Township has an additional 15 working days to approve or deny the application.

G. Conditions upon permit issuance. In granting any permit covered under this article, the Township may attach such conditions thereto as may be deemed reasonably necessary to prevent danger to public or private property or any sewer, storm drain or watercourse or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance. Such conditions may include but are not limited to the erection or installation of walls, drains, dams and structures, plantings and vegetation, runoff and erosion control measures or devices, furnishing necessary easements and a specified method of performing work. No person shall violate any conditions imposed as part of a permit.

H. Permit expiration and renewal. Every permit shall expire by limitation and become null and void if the work authorized by such permit has not been commenced within six months, is not completed within one year from the date of issue or ceases for a period of six months. The Township may, if the permit holder presents satisfactory evidence that unusual difficulties have prevented work from being started or completed within the specified time limits, grant a reasonable extension of time, and provided that the application for the extension of time is made before the date of expiration of the permit. The Township has the right to attach conditions to permit extensions, including but not limited to the installation/maintenance of erosion control and/or stormwater management facilities.

I. Hold harmless indemnity agreement. The Township shall, before issuing a permit, require the applicant to execute an agreement that shall hold harmless and indemnify the Township against any and all suits, claims, losses and damages by reason of the nature of the work such that it may create bodily injury, including death, to person or persons or damage to or destruction of property of any kind or character.

§ 140A-21 Submittal requirements.

A. Class A permits. All applications for a Class A permit shall be accompanied by the information listed below. When additional information is needed to determine compliance, the Township may require the submittal of plans which show any or all of the information required for Class B permits, as listed in § 140A-21B below.

(1) The date, name, address and telephone number of the preparer(s) of plans or each portion thereof, the owner of the site; and lot, block, deed reference tract or street address or similar description which identifies and locates the proposed work.

(2) A clear and definite delineation of the limits of work and the areas to remain undisturbed, alone, with a statement of the area of the total site and of the areas to remain undisturbed.

(3) Boundary lines of the property, adjacent streets and North arrow.

(4) A general delineation of the slope of the land and the direction stormwater flows, both before and after the development takes place.

(5) The general location of existing and proposed buildings, structures, paving, trees, streams and other significant features on the site.

B. Class B permits. All applications for Class B permits shall be accompanied by plans and reports which contain, but are not limited to, the following information:

(1) The date, name, address and telephone number of the preparer(s) of plans or each portion thereof; the owner of the site; and lot, block, deed reference tract or street address or similar description which identifies and locates the proposed work.

(2) Certification from the preparer(s) of the plan, who shall be registered professional engineer(s) or surveyor(s) qualified by background and experience in runoff and erosion control design and computation, attesting to the completeness and correctness of existing conditions as shown and to the compliance of all proposed earthmoving and other work with all of the requirements of this chapter, except for specific waivers or modifications as listed.

(3) A clear and definite delineation of the limits of work and the areas to remain undisturbed, along with a statement of the area, in square feet, of the total site and of the areas to remain undisturbed.

(4) A narrative report describing the project and giving the purpose. The engineering assumptions and calculations in accordance with the design standards in Article II for stormwater control measures and facilities shall include hydrologic data sheet. The hydrologic data sheet shall include but not be limited to:

(a) Watershed and subwatershed areas in acres and slopes in percentages.

(b) Weighted soil cover complex numbers for each subarea.

(c) Peak discharge rates in cubic feet per second and velocities in feet per second for emergency spillways and outlet structures.

(d) Total storage capacity in cubic feet.

(e) A plan showing the effective watershed.

(f) Inflow and outflow hydrographs for all detention/retention facilities.

(g) Hydraulic analysis of storm sewer conveyance system.

(h) Hydrologic analysis and channel information, including inlet/outlet control computations.

(5) Outbound of property, adjacent streets and North arrow.

(6) Location of buildings and accessory uses within 200 feet of property boundaries.

(7) Existing topography of the area to be disturbed and surrounding area to indicate drainage patterns above and below the site.

(8) Existing watercourses on site and adjacent.

(9) A contour interval shall be selected which provides an accurate representation of site topography; however, in no case shall it be less than two feet.

(10) Copy of USGS map with site located.

(11) Soil types and geological features, including one-hundred-year floodplain, wetlands, sinkholes and vegetation.

(12) Erosion and sediment control measures proposed with details and calculations. The erosion and sediment control plan shall include a phasing plan which details the sequencing of erosion and sediment control measures as they relate to the site preparation, grading and construction of improvements.

(13) Plan details, profiles and cross sections of all stormwater control and conveyance structures and systems, including but not limited to pipe size, class and material, class of bedding, backfill material and compaction and dimensional details.

(14) Finished grades.

(15) Any other information needed to determine compliance with the standards in this chapter.

C. Prior to the issuance of a permit, the applicant shall provide evidence of having obtained all permits or waiver of permits from other applicable regulatory agencies.

D. When erosion and sediment control plans are required, they shall be submitted in quadruplicate and shall meet, as a minimum, the standards of the Pennsylvania Erosion and Sediment Pollution Control Program Manual.

E. Modifications of plans. Modifications of the approved plans shall be submitted to the Township and may be required to be reprocessed in the same manner as the original application and plans. Field modifications may be authorized by the Township, provided that written authorization is given to the person performing work pursuant to this chapter, with a copy forwarded to the Montgomery County Conservation District.

§ 140A-22 Performance bond.

Applications requiring a Class B permit shall also meet the following requirements:

A. The Township shall, before issuing a permit, require a cash escrow or surety bond, in a form satisfactory to the Township, conditioned upon the faithful performance of the stormwater management and erosion control measures and other conditions specified in the permit within the time specified, or within any extension thereof granted by the Township, in the amount of the total estimated cost of all stormwater management, erosion and sediment control measures and safeguards for adjoining properties. A surety bond shall be maintained and renewed annually and shall be executed by a surety or guaranty company qualified to transact business in the commonwealth. Cash escrows shall be deposited with the Township Treasurer, who shall give his receipt therefor, reciting that the cash has been deposited in compliance with and subject to the provisions of this section. The escrow or bond shall obligate the principal, his executors, administrators, successors and assigns, jointly and severally, with the surety and shall inure to the benefit of Upper Merion Township and its officers, employees and any person aggrieved by the principal's failure to comply with the conditions thereof. The principal and the surety shall, under the escrow or bond, continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses or liabilities which may be incurred or expended by Upper Merion Township to meet the minimum requirements of this chapter.

B. Default.

(1) Whenever the Township shall find that a default has occurred in the performance of any term or condition of the permit or bond, written notice thereof shall be given to the principal and to the surety of the bond. Such notice shall state the work to be done, the estimated cost thereof and the period of time deemed by the Township to be reasonably necessary for the completion of such work.

(2) If a cash bond has been posted, notice of default as provided by the preceding Subsection A shall be given to the principal, and if compliance is not had within the specified time, the Township shall proceed, without delay and without further notice or proceedings whatsoever, to use the cash deposited or any portion of such deposit to cause the required work to be done by contract or otherwise, in the discretion of the Township Engineer.

(3) In the event of any default in the performance of any term or condition of the permit or bond, the Township or the surety, or any person employed or engaged on his behalf, shall have the right to go upon the site to complete the required work or make it safe. In the event that the Township undertakes the work or to make the work site safe with the funds from the forfeited cash or corporate bond, such funds shall be used to pay the cost of contracting, including engineering and administration, for restoration of the site to meet the requirements of the permit. If the cost of the work or making it safe exceeds the amount of the cash or corporate bond, the permittee shall continue to be firmly bound under a continuing obligation for payment of all excess cost and expenses incurred by the Township. The Township shall submit a bill for all such excess costs and expenses to the permittee. All such costs and expenses incurred by the Township shall be a personal obligation of the permittee and shall be a lien upon the premises, and whenever a bill therefor remains unpaid for a period of 60 days after it has been rendered by the Township, the Township Solicitor shall file a municipal claim or an action of assumpsit for such costs and expenses in the manner provided by law for the collection of debts and municipal claims.

C. Access. No person shall interfere with or obstruct the ingress or egress to or from any such site or premises by an authorized representative or agent of any surety or of the Township engaged in completing the work required to be performed under the permit or in complying with the terms or conditions thereof.

D. Return of bond. A corporate bond shall remain in full force and effect until completion of the work in accordance with Article IV of this chapter. A cash bond shall be returned to the depositor or his successors or assigns upon the completion of the work in accordance with Article IV of this chapter, except for any portion thereof used pursuant to this section.

§ 140A-23 Waivers.

A. If strict application of these requirements would be unreasonable, the applicant may request that the Board of Supervisors grant a waiver. All waiver requests may be reviewed by the Township or Township Engineer to ensure compliance with current MS4 requirements.

B. The Board of Supervisors may, upon written request from the applicant, modify or adjust the standards of this chapter to permit reasonable utilization of property in substantial conformance with the objectives of these regulations and the public interest. All requests for a modification shall:

(1) Be in writing and part of a formal application;

(2) State the sounds and facts of unreasonableness or hardship on which the request is based;

(3) List the provision(s) of the chapter involved; and

(4) State the minimum modification necessary from these regulations.

C. All waivers that are granted shall be noted on required plans.

§ 140A-24 Maintenance; inspections.

A. Maintenance. All stormwater management facilities, including retention and detention basins designed and constructed for the purpose specified under these regulations, shall be maintained in proper working order in accordance with those plans filed with the Township.

(1) Maintenance responsibility. It shall be the responsibility of the property owners upon whose property the facilities are located to properly maintain in working order all stormwater management facilities. In the case of a subdivision and/or land development, the developer may establish a homeowners' association to be responsible for the ownership and maintenance of the facilities. If a homeowners' association is to be in place, membership must be a deed requirement for all lots.

B. Inspection of stormwater management facilities.

(1) Construction inspections. The permit holder shall notify the Township Engineer in order to obtain inspections in accordance with the following schedule and at least 48 hours before the inspection is to be made:

(a) Initial inspection: when work on the excavation or fill is about to be commenced.

(b) Rough grading: when all rough grading has been completed.

(c) Drainage facilities: when drainage facilities are to be installed and before such facilities are backfilled.

(d) Special structures: when excavations are complete for retaining and crib walls and when reinforcing steel is in place and before concrete is poured.

(e) Final inspection: when all work, including the installation of all drainage and other structures, has been completed.

(f) Certification. Prior to final inspection, the applicant shall provide a certification by a registered engineer or surveyor indicating the following:

[1] The stormwater drainage system, including the piping, detention basin, spillway and outlet structures, has been constructed to the dimensions, design and elevations shown on the plan.

[2] The basin capacity is in accordance with the stormwater management calculations as approved by the Township Engineer.

(2) Additional periodic inspections. The Township may perform additional periodic inspections of stormwater facilities to check that the facilities are functioning properly.

C. Maintenance requirements. For any facilities for which maintenance is to remain the responsibility of a lot owner(s), homeowners' association or similar entity capable of carrying out maintenance responsibilities, the requirements of this chapter shall be applicable.

D. Responsibilities of developers and landowners.

(1) Facilities, areas, or structures used as stormwater management BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or conservation easements that run with the land. Written documentation that these restrictions or easements have been recorded must be submitted to the Township prior to issuance of a stormwater permit or prior to recording any subdivision or land development plans.

(2) O&M plans for stormwater management approved pursuant to 25 Pa. Code Chapter 102 after the date of this chapter shall be recorded as a restrictive deed covenant that runs with the land. Written documentation that this restrictive deed covenant has been recorded must be submitted to the Township prior to issuance of a stormwater permit or prior to recording any subdivision or land development plans.

(3) The municipality may take enforcement actions against an owner for any failure to satisfy the provisions of this chapter.

E. Removal of unlawfully deposited materials. If any soil, bedrock or other material or liquid is caused to be deposited upon or to roll, flow or wash upon any public property or right-of-way in violation of the above sections of this article, the person responsible shall be notified and shall cause the same to be removed from such public property or way within 36 hours. In the event of an immediate danger to the public health or safety, notice shall be given by the most expeditious means, and the material or liquid shall be removed immediately. In the event that it is not so removed, the Township shall cause such removal, and the cost of such removal shall be paid to the Township by said person responsible and shall be a debt due the Township. The Township shall submit a bill for all such costs to the said person responsible. All such costs incurred by the Township shall be a personal obligation of the said person responsible and shall be a lien upon the premises of such person, and whenever a bill therefor remains unpaid for a period of 60 days after it has been rendered by the Township, the Township Solicitor shall file a municipal claim or an action of assumpsit for such costs in the manner provided by law for the collection of debts and municipal claims.

§ 140A-25 Operation and maintenance agreements.

A. Prior to completing construction of a SWM site plan, the property owner shall sign and record an operation and maintenance (O&M) agreement (see Appendix A)[1] covering all stormwater control facilities which are to be privately owned.

(1) The owner, successor and assigns shall operate and maintain all facilities in accordance with the approved schedule(s) in the O&M plan.

(2) The owner shall convey to the municipality conservation easements to assure access for periodic inspections by the municipality and maintenance, as necessary.

(3) The owner shall keep on file with the municipality the name, address, and telephone number of the person or company responsible for operation and maintenance activities. In the event of a change, new information shall be submitted by the owner to the municipality within 10 working days of the change.

[1] Editor's Note: Appendix A is included as an attachment to this chapter.

B. The owner is responsible for operation and maintenance (O&M) of the SWM BMPs. If the owner fails to adhere to the O&M agreement, the municipality may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.

§ 140A-26 Noncompliance; enforcement; violations and penalties; appeals.

A. Right of entry. Upon presentation of proper credentials, the municipality may enter at reasonable times upon any property within the municipality to inspect the condition of the stormwater structures and facilities in regard to any aspect regulated by this chapter.

B. Inspection. SWM BMPs should be inspected by the landowner or the owner's designee (including the municipality for dedicated and owned facilities), according to the following list of minimum frequencies. Written documentation of these inspections shall be maintained by the landowner and shall be submitted to the Township upon request:

(1) Annually for the first five years following construction.

(2) Once every three years thereafter.

(3) During or immediately after the cessation of a ten-year or greater storm.

C. Restrictions. It is unlawful for any person to modify, remove, fill, landscape, or alter any approved SWM BMPs, facilities, areas, or structures without the written approval of DEP or a delegated county conservation district and the municipality.

D. Suspension and revocation.

(1) Approval or permit revocation or suspension. Any approval or permit issued under this chapter may be revoked or suspended by the Township after notice for:

(a) Violation of any condition of the permit.

(b) Violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation relating to a regulated activity.

(c) The creation of any condition or the commission of any act which constitutes or creates a hazard, nuisance, pollution, or endangers the life or property of others.

(d) Noncompliance with or failure to implement any provision of an approved SWM site plan or O&M agreement.

(2) A suspended approval may be reinstated by the municipality when:

(a) The municipality has inspected and approved the corrections to the violations that caused the suspension.

(b) The municipality is satisfied that the violation has been corrected.

(3) An approval that has been revoked by the municipality cannot be reinstated. The applicant may apply for a new approval under the provisions of this chapter.

(4) If a violation causes no immediate danger to life, public health, or property, at its sole discretion, the municipality may provide a limited time period for the owner to correct the violation. In these cases, the municipality will provide the owner, or the owner's designee, with a written notice of the violation and the time period allowed for the owner to correct the violation. If the owner does not correct the violation within the allowed time period, the municipality may revoke or suspend any or all applicable approvals and permits pertaining to this property. Upon failure to comply within the time specified, the permittee shall be considered in violation of this chapter, in which case the bond, if any, shall be forfeited and fines or penalties shall be imposed under Article V of this chapter. Any subsequent violation may result in the issuance of a citation and imposition of fines. Whenever time does not permit the giving of a notice of noncompliance or violation of Article II or III of this chapter prior to the taking of corrective action by the Township, the occurrence of any of the events proscribed by Article V shall be a violation of this chapter.

E. Violations and penalties. Any person violating any of the provisions of this chapter shall be liable, on conviction, to a fine or penalty as set forth in Chapter 1, General Provisions, Article III, General Penalty Provisions, of the Upper Merion Township Code, and whenever such person shall have been notified by the Township in any manner set forth in this chapter, each day that he shall continue such violation after notification shall constitute a separate offense punishable by a like fine or penalty. Such fines or penalties shall be collected as like fines or penalties are now collected by law.

F. In addition, the municipality may institute injunctive, mandamus, or any other appropriate action or proceeding at law or in equity for the enforcement of the chapter. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus, or other appropriate forms of remedy or relief.

G. Appeals. An appeal from any decision of the Township may be taken to the Department Director. Such appeal shall be made in writing within 10 working days after such decision has been made. The appeal shall be verified by an affidavit and shall be filed with the Department Director. The appellant or his representative shall have the right to appear and be heard if such right is requested in the written appeal. A prompt decision of such appeal shall be made by the Department Director. In making a decision, the Department Director may vary or modify any provision of this chapter where there are practical difficulties in the way of executing the strict letter of the law so that the spirit of the law shall be observed, public safety secured and substantial justice done. Such variation or modification shall be the minimum necessary in order to grant relief.

H. Any person aggrieved by any action of the Department Director referenced in the section above, relevant to the provisions of this chapter, may appeal to the Board of Supervisors within 30 days of that action.

I. Any person aggrieved by any decision of the Board of Supervisors relevant to the provisions of this chapter may appeal to the County Court of Common Pleas in the county where the activity has taken place within 30 days of the municipality's decision.