The requirements of this section shall apply when they are more
stringent than those of the PA DEP or when the PA DEP has no jurisdiction.
A. General.
(1) All graded surfaces shall be permanently seeded, sodded and/or planted
or otherwise protected from erosion within 30 days, weather permitting,
and shall be tended and/or maintained until growth is well established.
The disturbed area and duration of exposure shall be kept to a minimum
using temporary erosion and sediment control measures immediately.
(2) No subdivision or land development plan shall be approved and no
land disturbance approval issued unless:
(a)
There is an approved plan that provides for minimizing erosion
and sedimentation consistent with this section, and an improvement
bond or other acceptable securities are deposited with the Township
in the form of an escrow guarantee which will insure installation
and completion of the required improvements; or
(b)
There has been a determination by the Township Supervisors that
a plan for minimizing erosion and sedimentation is not necessary.
(3) The Township Supervisors, in its consideration of any preliminary
plan of subdivision and land development, shall condition its approval
upon the execution of measures designed to prevent accelerated soil
erosion and resulting sedimentation, as required by PA DEP. All applicable
regulations and permit requirements of the PA DEP as stipulated in
its Erosion and Sediment Pollution Control Program Manual shall be
followed by all parties engaged in earthmoving activities. The manual
is available at the office of the Montgomery County Conservation District.
The Township Engineer shall assure compliance with appropriate specifications
and requirements.
B. Performance principles.
(1) Any effective methods of minimizing erosion and sedimentation can
be included in the plan. Any untraditional method should be discussed
with the Township Engineer prior to submission and shall not be used
unless and until the Township Engineer approves such method.
(2) No unfiltered stormwater coming from an area which has been disturbed
shall be permitted onto an adjacent tract.
(3) The design, installation and maintenance of erosion and sediment
control measures shall be accomplished in accordance with standards
and specifications established by the County Conservation District,
as adopted from standards and specifications of the PA DEP Erosion
and Sediment Pollution Control Manual.
(a)
Technical standards for the design and installation of erosion
and sediment control measures are on file with the Township, the office
of the County Conservation District and other governmental agency
offices.
(b)
Standards and specifications adopted for the purposes of this
chapter and by the County Conservation District include, but are not
limited to, the following basic conservation measures:
[1]
Temporary cover on critical areas.
[2]
Permanent grass and legume cover for critical areas.
[7]
Grassed waterway or outlet.
[8]
Grade stabilization structure.
[13] Rock construction entrance.
C. Responsibility.
(1) Whenever erosion or sedimentation is caused by stripping vegetation,
grading, regrading or other development activity, it shall be the
responsibility of the person, corporation, or other entity causing
such sedimentation to remove it from all adjoining surfaces, drainage
systems, and watercourses and to repair any damage at his expense
as quickly as possible.
(2) It is the responsibility of any person, corporation, or other entity
doing any act on or across a stream, watercourse or swale, or upon
the floodplain, to maintain, as nearly as possible, in its present
state the stream, watercourse, swale, or floodplain during the activity
and to return it to its original or equal condition after such activity
is completed.
(3) No person, corporation, or other entity shall block, impede the flow
of, alter, construct any structure on, or deposit any material or
thing on, or commit any act which will affect normal or flood flow
in any stream or watercourse without having obtained prior approval
from the Township or PA DEP, whichever is applicable.
D. Compliance with regulations and procedures.
(1) Final plans for minimizing erosion and sedimentation as approved will be incorporated into the agreement and bond requirements as required under Article
V of the Township Subdivision and Land Development Ordinance.
(2) The approval of plans and specifications for the control of erosion
and sedimentation shall be concurrent with the approval of the final
plans of subdivision or land development, or with the approval of
a land disturbance permit, and become a part thereof.
(3) At the time that a building permit is applied for, a review shall
be conducted by the Township Engineer to ensure conformance with the
plan as approved. During the construction, further consultative technical
assistance will be furnished, if necessary, by the Township Engineer
and the Montgomery County Conservation District. During this development
phase, the Township Engineer shall inspect the development site and
enforce compliance with the approved plans.
(4) Permission for clearing and grading prior to recording of subdivision
and/or land development plans may be obtained under temporary permits
or other conditions satisfactory to the Township, at the applicant's
risk.
(5) In the event the developer proceeds to clear and grade prior to recording subdivision and/or development plans, without satisfying conditions specified under Subsection
D(4), the Board may revoke the approval of the preliminary subdivision and/or land development plan.