[Ord. 3/1/1978, 3/1/1978, § 601]
This Part 1 shall be known and may be cited as the "Lower Oxford
Township Erosion and Sediment Control Regulation."
[Ord. 3/1/1978, 3/1/1978, § 602]
The purpose of this Part 1 is to regulate the modification of
the natural terrain, the alteration of drainage, the maintenance of
artificial structures and surfaces, and to provide for certain erosion
and sediment control measures within Lower Oxford Township to assure
and safeguard health, safety, ecology and general welfare in Lower
Oxford Township.
[Ord. 3/1/1978, 3/1/1978, § 603]
[Ord. 3/1/1978, 3/1/1987, § 604; as amended by
Ord. 1-93, 1/6/1993]
1.
It shall be unlawful for any person, firm or corporation to pave,
fill, strip, grade or regrade any land in preparation for new construction
including landfill within Lower Oxford Township without first securing
a permit as hereunder provided.
2.
It shall be unlawful for any person, firm or corporation to construct,
erect or install any drainage dam, ditch, culvert, drain pipe, bridge
or any other structure or obstruction affecting the drainage of any
premises in Lower Oxford Township without first securing a permit
as hereunder provided.
[Ord. 3/1/1978, 3/1/1978, § 605; as amended by
Ord. 1-93, 1/6/1993]
1.
Any person, firm or corporation proposing to engage in an activity
requiring a permit hereunder shall apply for a permit by written application
on a form furnished by Lower Oxford Township.
2.
Proof of application for permit shall be submitted to Lower Oxford
Township Planning Commission simultaneously with preliminary plans
to be considered for subdivision/development review.
3.
The developer is encouraged to consult the general development plans and detailed plans of any unit of government that affect the tract to be developed and the area surrounding it before he submits a preliminary plan for review. He should also become acquainted with Chapter 27 of this Code and other ordinances which regulate the development of land in Lower Oxford Township.
4.
A separate application shall be required for each grading permit.
Three copies of the proposed plan, including specifications and timing
schedules shall be submitted with each application for a permit. One
of the copies, at the discretion of Lower Oxford Board of Supervisors,
shall be submitted to the Chester County Conservation District for
comment and review.
5.
The application for a permit shall be accompanied by a fee, as established
by resolution of the Board of Supervisors.
6.
All applicants for a permit involving an area greater than two acres
shall, before any permit is granted, post a bond or escrow account
with Lower Oxford Township in the sum of at least $1,000 (the exact
sum to be determined by the Lower Oxford Engineer), with corporate
surety to be approved by the Lower Oxford Township Solicitor, the
conditions of which shall be a full and complete compliance with this
chapter and all terms of the permit. Requirement for bond shall be
at the discretion of the Township Supervisors.
[Ord. 3/1/1978, 3/1/1978, § 606]
The application for a permit shall be accompanied by a plan
of the property showing:
1.
A boundary line survey of the site on which the work is to be performed.
2.
Description of the features, existing and proposed, surrounding the
site which are of importance to the proposed development.
3.
Description of the general topographic (including drainage) and soil
conditions on the site (available through the Chester County Conservation
District).
4.
Location and description of existing and future man-made features
of importance to the proposed development (i.e., cuts and fills, buildings,
roads, etc.)
5.
Plans and specifications of soil erosion and sediment control measures
in accordance with standards and specifications of the Chester County
Conservation District.
6.
A time schedule indicating the anticipated starting and completion
dates of the development sequence and the time of exposure of each
area prior to the completion of effective erosion and sediment control
measures.
[Ord. 3/1/1978, 3/1/1978, § 607]
In addition to the requirements of § 9-105, and where deemed necessary by the Lower Oxford Township Engineer and the Lower Oxford Township Planning Commission, the applicant shall submit with the application a detailed drainage study prepared by a registered professional civil engineer or engineer qualified in hydrology.
1.
The application for a permit shall be accompanied by a plan of the
property showing the location of all present and proposed ditches,
streams, pipes and other drainage structures, and proposed cuts and
fills. In addition to showing present elevations and dimensions, and
location and extent of all proposed grading and/or drainage, the plan
shall clearly indicate all buildings, parking areas and driveways.
Further, the plan shall indicate the present and proposed sources,
storage and disposition of water being channeled through or across
the premises, together with elevations, 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
whether on public or private property. The applicant shall supply
data, supporting the plan, developed by a registered professional
civil engineer or an engineer qualified in hydrology.
2.
Calculations to determine runoff shall be based on the Soil-Cover
Complex Method which is available from the U.S.D.A. Soil Conservation
Service. The design criteria for storm drainage shall be based on
the one-hundred-year frequency twenty-four-hour duration rainfall.
Other engineering methods are acceptable and when used shall include
the following information:
A.
The total drainage area or area of runoff;
B.
The coefficient of surface runoff used. This coefficient of runoff
shall be determined in the following manner:
(1)
The coefficient of runoff used for all areas upstream of any
drainage structure shall be computed on the basis of the projected
land use shown on the latest revision of the "Future Land Use Plan"
contained in the Lower Oxford Township comprehensive planning study.
C.
Storm intensity to be used shall be based upon the one-hundred-year
frequency and the storm duration in the watershed under consideration.
The minimum one-hour rainfall intensity used in computations shall
be based upon a one-hour rainfall of 2.4 inches.
D.
The time of concentration from point to point within a drainage system shall equal the storm duration to be used in determining the rainfall intensity in Subsection 1C of this § 9-106.
E.
The roughness coefficient of a conduit or swale.
F.
Slope of conduit or swale.
G.
Velocity of flow through conduit or swale.
3.
The following provisions apply to the carrying and disposal of storm
water 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
or overflow.
B.
All regulations of the Chester County Conservation District and the
Pennsylvania Department of Environmental Resources, as designated
by the Pennsylvania Clean Streams Law, shall be complied with. These
regulations shall include, but not be limited to the following:
(1)
There shall be no increase in stormwater peak discharge leaving
the subject tract either during or after construction, during a storm
of one-hundred-year frequency.
(2)
Storm water discharge outlet velocities from channels or storm
sewer outfalls shall be in compliance with those found in Chapter
102 of the Clean Streams Law of Pennsylvania.
(3)
Sediment retention shall be in accordance with the requirements
of Chapter 102 of the Clean Streams Law of Pennsylvania or the Environmental
Protection Handbook, published by the Chester County Conservation
District.
(4)
The applicant shall agree to apply for erosion and sedimentation
control permits and/or stream encroachment permits as required by
the Pennsylvania Department of Environmental Resources.
C.
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,
retention basins, and swales, and access for the maintenance of anti-erosion
facilities.
4.
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 investigation shall
be presented in a report by a registered professional soils engineer
which shall include data regarding the nature, distribution and supporting
ability of existing soils and rocks on the site, conclusions and recommendations
to insure stable soil conditions and ground water control as applicable.
Lower Oxford Township may require such supplement reports and data
as it deems necessary. Recommendations included in such reports and
approved by Lower Oxford Township shall be incorporated in the plan
or specifications.
A.
Fills toeing out on natural slopes steeper than four horizontal to
one vertical shall not be made unless approved by Lower Oxford Township
after receipt of a report, deemed acceptable by the Lower Oxford Township
Engineer, by a registered professional soils 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.
[Ord. 3/1/1978, 3/1/1978, § 608]
Upon the submission of an application which conforms to the provisions of this Chapter 9, the appointed Township Official, after consultation with the Lower Oxford Township Engineer and Board of Supervisors, shall issued the necessary permit.
[Ord. 3/1/1978, 3/1/1978, § 609]
1.
Notwithstanding any provisions of this Chapter 9, 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, pave,
grade or regrade land in any manner so close to a property line as
to endanger or damage any adjoining 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 to cause such to be thrown or
placed in any drainage ditch or drainage structure in such a manner
as to obstruct free flow.
4.
No person, firm or corporation shall deposit or place any debris,
fill or buildings in a floodplain (as defined in the Flood Hazard
Ordinance) without first making proper application for a Stream Encroachment
Permit from the Pennsylvania Department of Environmental Resources.
The Lower Oxford Township Supervisors, upon consulting with the Township
Engineer, shall have the power to deny such permits if it is deemed
not in the best interest of the health and welfare of the Township.
5.
No person, firm or corporation shall fail to adequately maintain
in good operating order any drainage facility on his premises. All
drainage ditches, culverts, drain pipes and drainage structures shall
be kept open and free flowing at all times.
6.
The owner of any property on which any work has been done pursuant to a permit granted under this Chapter 9 shall continuously maintain and repair all graded surfaces and anti-erosion devices, retaining walls, drainage structures or means and other protective devices, plantings and ground cover, installed or completed.
7.
All graded surfaces shall be seeded, sodded and/or planted or otherwise
protected from erosion within 14 days, and shall be watered, tended
and/or maintained until growth, in the case of vegetation, is well
established. The disturbed area and duration of exposure shall be
kept to a practical minimum.
8.
All trees in area 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.
When required, adequate provisions shall be made for dust control
measures as are deemed acceptable by the Lower Oxford Township.
10.
All plans and specifications accompanying applications for permits
shall include provisions for both interim (temporary) and ultimate
(permanent) erosion and sediment control.
11.
The design, installation and maintenance of erosion and sediment
control measures shall be accomplished in accordance with standards
and specifications established by the Chester County Conservation
District as adapted from standards and specifications of the Soil
Conservation Service, United States Department of Agriculture.
A.
Technical standards for the design and installation of erosion and
sediment control measures are on file with the office of the Chester
County Conservation District and other governmental agency offices.
B.
Standards and specifications adopted for the purposes of this Chapter 9 and by the Chester 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 on critical areas on prepared
seedbed.
(3)
Permanent grass and legume cover on critical areas on unprepared
seedbed.
(4)
Sodding.
(5)
Mulching.
(6)
Temporary diversion.
(7)
Permanent diversion.
(8)
Grassed waterway or outlet.
(9)
Grade stabilization structure.
(10)
Debris basin.
(11)
Drain.
(12)
Drainage - main or lateral.
C.
A quality control program is critical for fills, therefore, wherever
fill material is to be used, each layer of compacted fill should be
tested to determine its dry density as per ASTM D 1556. The density
of each layer should not be less than 95% of maximum dry density as
determined by ASTM D 1557.
E.
Compaction test reports shall be kept on file at the site and be
subject to review at all times.
[Ord. 3/1/1978, 3/1/1978, § 610]
1.
Inspections.
A.
All inspections shall be the responsibility of the Lower Oxford Township
Engineer or, in his absence, a qualified person acceptable to the
Lower Oxford Township Engineer.
B.
Inspections will be carried out on a random basis (except as stated in Subsection 1E of this § 9-109). However, a set of "as-built" plans shall be on file at the site and authenticated by a registered professional engineer. When it is deemed acceptable to the Lower Oxford Township Engineer and the Board of Supervisors, a designated qualified person may authenticate the "as-built" plans and will assume full responsibility for quality of work.
C.
Any and all "as-built" plans shall be available on the site at all
times and be subject to inspection and inquiry.
D.
Engineering check notes shall accompany all "as-built" plans which
involve structural or mechanical measures and shall serve as supporting
evidence that structures meet design standards and specifications.
[Ord. 3/1/1978, 3/1/1978, § 611]
All applicants shall bear all costs of inspections required
hereunder and shall deposit with the Lower Oxford Township Treasurer
such sum as the Board of Supervisors shall determine, to guarantee
payment of the costs of such inspections. The costs of inspections
shall be at the rate charged by the Lower Oxford Township Engineer.
[Ord. 3/1/1978, 3/1/1978, § 613; as amended by
Ord. 1-93, 1/6/1993; and by Ord. 2-98, 3/11/1998]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
