A.
Township: land disturbance permit.
(1)
All land or earth disturbance activities, whether associated with a subdivision and/or land development plan or associated with building construction or other activities, shall be conducted pursuant to and after approval of and issuance of a permit for a plan for the control of stormwater and erosion control due to the said activity. For earth disturbance activities meeting the criteria of § 202-5C(1), stormwater controls will not be required, but erosion and sedimentation controls may be required where deemed necessary by the Township Engineer or Township Supervisors.
(2)
Such plan shall be submitted and processed in accordance with this
article for all land or earth disturbances, including but not limited
to the following activities:
B.
Conservation District: erosion and sediment control plan.
(1)
The PA DEP has regulations that require an erosion and sediment control
plan for any earth disturbance activity of 5,000 square feet or more,
under 25 Pa Code § 102.4(b).
(2)
No regulated earth disturbance activity within Marlborough Township
shall commence until approval of an erosion and sediment control plan
for the earth disturbance activity is obtained by the Montgomery County
Conservation District and a copy is provided to the Township.
(3)
A copy of the erosion and sediment control plan, as required by PA
DEP regulations, shall be available at the project site at all times.
C.
PA DEP: NPDES construction activities permit.
(1)
Under 25 Pa Code, Chapter 92, a PA DEP NPDES construction activities
permit is required for any regulated earth disturbance activities.
(2)
No regulated earth disturbance activity within Marlborough Township
shall commence until a permit from the PA DEP is obtained and a copy
is provided to the Township.
(3)
A copy of the permit, as required by PA DEP regulations, shall be
available at the project site at all times.
A.
Land disturbance activities associated with subdivision and/or land
development.
(1)
A stormwater and erosion control plan(s) shall be submitted concurrently
with subdivision and/or land development applications.
(2)
The application procedures, processing and fees shall comply with
those of the Subdivision and Land Development Ordinance.
(3)
The application shall contain all of the information required in the Subdivision and Land Development Ordinance and in Article IV of this chapter.
(4)
Approval or disapproval of the stormwater and erosion control plan
shall be in accordance with the procedures contained in the Subdivision
and Land Development Ordinance.
(5)
Where the stormwater and erosion control plan does not comply with
the standards of this chapter, such failure to comply may be grounds
for denial of the final subdivision and/or land development application.
B.
Land disturbance activities associated with building construction
and other land disturbance activities.
(1)
In those cases where the land disturbance is associated with the construction of a building, the stormwater and erosion control plan shall accompany the building permit application and must be approved by the Township Engineer prior to the issuance of a building permit. For earth disturbance activities meeting the criteria of § 202-5C(1), stormwater controls will not be required, but erosion and sedimentation controls may be required where deemed necessary by the Township Engineer or Township Supervisors.
(2)
Where the land disturbance alters grading, building locations, or stormwater and erosion control facilities from those shown on an approved subdivision and/or land development plan, a permit shall be required and a site-specific stormwater and erosion control plan shall be submitted. For earth disturbance activities meeting the criteria of § 202-5C(1), stormwater controls will not be required, but erosion and sedimentation controls may be required where deemed necessary by the Township Engineer or Township Supervisors.
(3)
The application for a permit for land disturbance activities shall be accompanied by a fee established pursuant to Article IX herein.
(4)
Four copies of the proposed stormwater and erosion control plan and
supporting calculations shall be submitted to the office of the Township
Secretary during normal business hours. One copy of the submitted
information will be forwarded to the Township Engineer, the Zoning
Officer, and the Building Inspector.
(5)
The Township Engineer shall review all stormwater and erosion control plans, submitted as required in this § 202-14, within 30 days of submission.
(6)
If the Township Engineer determines that the plan does not comply
with this chapter, the applicant shall be advised of the chapter requirements
which are not met.
(7)
All necessary revisions shall be made by the applicant, and the stormwater
and erosion control plan shall be resubmitted to the Township Engineer.
(8)
The Township Engineer shall review any revised stormwater and erosion
control plans within 15 days after submission and shall take action,
in writing, on approving or disapproving the revised plan. Additional
revisions may be accepted/required before finally approving the plan
and issuing a permit.
(9)
If the stormwater and erosion control plan does not comply with the
standards of this chapter, such failure shall be grounds for denying
a building permit.
(10)
When land disturbance activities are associated with building
construction, approval of a building permit shall constitute approval
of the accompanying stormwater and erosion control plan.
A.
No land disturbance permit or building permit shall be granted until
the applicant, owner, builder, or developer of the property certifies,
in writing, that all site work shall be performed in accordance with
the stormwater and erosion control plan.
B.
In approving a stormwater and erosion control plan, the Township
may impose such conditions as it deems necessary to ensure the health,
safety, and welfare of the community and other property owners.
C.
Any elements of the stormwater and erosion control system on an individual
lot shall be specifically located as shown on any approved final subdivision
and land development plan. These elements include, but are not limited
to, the following:
D.
No certificate of occupancy shall be granted if stormwater management
facilities which are necessary for the reasonable use of the occupancy
of the building have not been installed, regardless of whether financial
security guaranteeing the installation has been provided. As a condition
of issuance of a certificate of occupancy, the Township may require
an executed agreement by the holder of a land disturbance permit for
any lot containing individual stormwater management systems which
imposes the following obligations on the permit holder:
(1)
All stormwater facilities shall be installed as per the approved
stormwater and erosion control plan.
(2)
No action will be taken by the occupant to disrupt or in any way
impair the effectiveness of the system.
(3)
Routine maintenance will be undertaken as necessary to permit the
system's continued functioning.
(4)
The permit holder shall release and waive any and all claims by the
permit holder against the Township and its agents which arise from
or are related to the absence of stormwater management facilities,
and the permit holder shall indemnify the Township and its agents
for the same.
The applicant shall fully perform and complete all the required work within the time limit specified by the land disturbance permit. If the applicant is unable to complete the work by the expiration date, the applicant shall, within 30 days prior to the expiration date, submit a written request to the Township Engineer for an extension. The Township Engineer may grant an extension in his/her sole discretion if the Township Engineer determines that the required work may be completed within an additional, thirty-day period. If the Township Engineer determines that the required work cannot be completed within an additional thirty-day period, or that a major modification of the stormwater and erosion control plan is required to complete the remaining required work, then revised plans shall be submitted and approved in accordance with § 202-17 prior to the extension of a permit.
A.
Revised plans, if required by § 202-16, shall be submitted to the Township Engineer and reprocessed in the same manner as the original application and plans.
B.
All development and land disturbance shall be suspended pending the
approval of modified plans and issuance of the land disturbance permit.
Field modifications of a minor nature may be authorized by the Township
Engineer in the form of written authorization given to the person
performing work pursuant to the permit.
Any land disturbance permit issued under this chapter may be
revoked or suspended by the Township Engineer for the following:
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 the permitted activities;
C.
Existence of any condition or the commission of any act constituting
or creating a nuisance or hazard or endangering human life or the
property of another; or
D.
Falsification of any drawings, data, or information pertaining to
the issuance of a permit.
A.
All inspections shall be the responsibility of the Township Engineer
or, in his absence, a qualified person acceptable to the Township
Engineer and the Township.
B.
Inspections will be carried out on a random basis, except as stated
below.
C.
Any and all approved plans, including the stormwater and erosion
control plans authenticated by the registered professional responsible
for them, shall be available on the site at all times and be subject
to inspection and inquiry.
D.
Engineering check notes shall accompany all approved plans which
involve structural or mechanical measures and shall serve as supporting
evidence that structures meet design standards and specifications
contained herein.
