This chapter shall be known and may be cited as the "Grading
and Building Permit Plan Ordinance," implementing Title 25, Rules
and Regulations, Part I, Commonwealth of Pennsylvania, Department
of Environmental Resources, Subpart C, Protection of Natural Resources,
Article II, Water Resources, Chapter 102, Erosion Control, as well
as provisions of Act 167, Storm Water Management Act, Article 5 of
the MPC, and the Second Class Township Code.
The purposes of this chapter are to verify compliance with Zoning
Ordinance dimensional regulations, regulate the modification of the natural terrain and alteration
of drainage, and to provide for certain erosion and sediment control
measures within Nockamixon Township to assure and safeguard health,
safety, ecology, and the general welfare in the Township.
From and after the effective date of this chapter, any development or earth disturbance activity requiring a permit under §
177-5A herein shall be in conformity with this chapter. In the event of a conflict between this chapter and any other statute, ordinance or regulation, the strictest statute, ordinance, or regulation shall take precedence.
Unless specifically defined below, words and phrases used in this chapter shall be interpreted to have common English usage, to give effect to the purposes set forth in §
177-2 above, and to provide reasonable application of this chapter. As used in this chapter, the following terms shall have the meanings indicated unless a different meaning clearly appears from the context:
APPLICANT
A landowner or developer who has filed an application for approval to engage in any regulated activities as defined in §
177-5 of this chapter.
BMP (BEST MANAGEMENT PRACTICE)
Activities, facilities, measures or procedures used to manage
stormwater impacts from land development, to protect and maintain
water quality and groundwater recharge and to otherwise meet the purposes
of this chapter. Stormwater BMPs are commonly grouped into one or
two broad categories or measures: structural or nonstructural. In
this chapter, nonstructural BMPs or measures refer to operation and/or
behavior-related practices that attempt to minimize the contact of
pollutants with stormwater runoff, whereas structural BMPs or measures
are those that consist of a physical device or practice that is installed
to capture and treat stormwater runoff. Structural BMPs include, but
are not limited to, a wide variety of practices and devices, from
large-scale retention ponds and constructed wetlands to small-scale
underground treatment systems, infiltration facilities, filter strips,
low impact design, bioretention, wet ponds, permeable paving, grassed
swales, riparian or forested buffers, sand filters, detention basins,
and manufactured devices. Structural stormwater BMPs are permanent
appurtenances to the project site.
DAM
An artificial barrier, together with its appurtenant works,
constructed for the purpose of impounding or storing water or another
fluid or semifluid, or a refuse bank, fill or structure for highway,
railroad, or other purposes which does or may impound water or another
fluid or semifluid.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including, but not limited to, the construction or placement of buildings
or other structures, mobile homes, streets and other paving utilities,
mining, dredging, filling, grading, excavation, or drilling operations,
and the subdivision of land.
DWELLING UNIT
Any room or group of rooms located within a residential building
and forming a single, habitable unit with facilities which are used
or intended to be used for living, sleeping, cooking and eating by
one family.
EARTH DISTURBANCE
A construction or other human activity which disturbs and
destabilizes the surface of the land, including, but not limited to,
clearing and grubbing, grading, excavations, embankments, land development,
road maintenance, and the moving, depositing, stockpiling or storing
of soil, rock or earth materials.
ENGINEER
A licensed professional civil engineer registered by the
Commonwealth of Pennsylvania.
EROSION
The movement of soil particles by the action of water, wind,
ice, or other natural forces.
EXISTING GRADE
Vertical elevation of the ground surface prior to earth-moving.
FINISHED GRADE
Final vertical elevation of the ground after development.
GRADE
A.
(noun) A slope usually of a street, other public way, land area,
drainage facility or pipe specified in percent.
B.
(verb) To finish the surface of a road bed, top of embankment
or bottom of excavation, and general grading of property.
MUNICIPALITY
Nockamixon Township, Bucks County, Pennsylvania.
PARCEL
All contiguous land under single and separate ownership.
PERMANENT VEGETATION
Ground cover establishing a 70% vegetated cover over the
entire disturbed area to control soil erosion and to survive severe
weather conditions.
PERSON
Any individual, association, trust, partnership or corporation,
including any members, directors, officers, employees, partners or
principals thereof. Whenever used in any clause prescribing and imposing
a penalty, "person" includes the members, trustees, partners, directors,
officers, managers and supervisors, or any of them, of partnerships,
associations, corporations or other form of entity.
SITE
A parcel or parcels of land intended to have one or more
buildings, or otherwise developed, or intended to be subdivided into
two or more lots.
SLOPE
The face of embankment or cut section; any ground whose surface
makes an angle with the plane of the horizon. Slopes are expressed
in a percentage based upon vertical distance in feet per 100 feet
of horizontal distance.
STRIPPING
Any activity which removes the vegetative surface cover,
including tree removal; and the clearing and storage or removal of
topsoil.
WATERCOURSE
An intermittent or perennial stream of water, river, brook,
creek, or swale identified on USGS or SCS mapping; and/or delineated
waters of the commonwealth.
All applications shall be accompanied by a grading/building
permit plan providing the following information.
A. A site plan (plot plan) drawn at a scale of not less than one inch
equals 50 feet, prepared by a registered professional land surveyor,
landscape architect, or engineer, licensed in the Commonwealth of
Pennsylvania. A site plan or as-built plan previously approved by
the Township for the subject property may be utilized for base plan
information.
(1) For projects proposing 1,000 square feet or less of building and/or
earth-disturbance area, the site plan shall include all of the following:
(a)
Lot lines, monuments/pins/markers, and setback lines.
(b)
Existing and proposed building/structure locations, building/structure
horizontal dimensions, wells, wastewater treatment systems, sanitary
laterals, water supply pipes, storm sewers, inlets, manholes, basement
drains, sump pump drains, utility boxes, walls, fences, berms, underground
utilities, and all other man-made structures/features.
(c)
Driveway openings and slopes, driveway turnarounds and parking
areas, depressed curb length, and driveway configurations from garage
or parking area to street.
(d)
Recorded and/or proposed easement, covenants, equitable servitudes,
and deed restrictions.
(2) For projects proposing over 1,000 square feet of building and/or
earth disturbance area, the site plan shall include all of the following:
(a)
Lot lines, monuments/pins/markers, and setback lines.
(b)
Existing and proposed contours at an interval of no more than
two feet; existing vegetation; soil types and conditions, watercourses;
affected watersheds; and other natural features located within 75
feet of the limits of disturbance.
(c)
Erosion and sedimentation control measures, high points, drainage
arrows, drainage swales, and the limits of disturbance. This information
may be included on a separate plan sheet.
(d)
First-floor and garage elevations.
(e)
Existing and proposed building/structure locations, building/structure
horizontal dimensions, wells, wastewater treatment systems, sanitary
laterals, water supply pipes, storm sewers, inlets, manholes, basement
drains, sump pump drains, utility boxes, walls, fences, berms, underground
utilities, and all other man-made structures/features.
(f)
Ground elevations at each corner of each building.
(g)
All earthmoving and stripping changes to the site, including
cuts, fills, structures, paving, utilities, vegetation and topsoil
proposed to be stripped and cut/fill balance.
(h)
Street trees and existing trees to be removed, including genus,
species, and caliper.
(i)
Driveway openings and slopes, driveway turnarounds and parking
areas, depressed curb length, and driveway configurations from garage
or parking area to street.
(j)
Sidewalk and bikeway locations.
(k)
Recorded and/or proposed easement, covenants, equitable servitudes,
and deed restrictions.
(3) All the site plans shall also include the following:
(a)
Seal, signature and name/address of responsible engineer, surveyor,
or landscape architect.
(b)
Name and address of applicant.
(c)
Tax Map parcel number and acreage.
(d)
Location of site (address).
(e)
Subdivision name (where applicable).
(g)
Location map showing relationship of the site to adjoining properties.
Scale of the location maps shall be one inch equals 800 feet.
(h)
Date of preparation of the plan, a descriptive list of revisions
to the plan, and the revision dates.
(i)
Deed restriction information (where applicable).
(j)
Zoning dimensional requirements, including, but not limited
to: zoning district, yard setbacks, and impervious surface ratio.
B. A stormwater management plan must be submitted when applicable pursuant to §
190-104 of Township Stormwater Management Ordinance No. 209, as amended.
The applicant shall not be relieved of responsibility for damage
to persons or property otherwise imposed by law, and the Township
or its officials will not be made liable for this damage by:
A. The issuance of a grading/building permit plan approval in accordance
with this chapter or other applicable laws;
B. Compliance with the provisions of approval or with conditions attached
to it;
C. Failure of Township officials to observe or recognize hazardous or
unsightly conditions;
D. Failure of Township officials to deny or to recommend denial of approval;
or
E. Exceptions from the requirements of this chapter.
Every grading/building permit plan approved hereunder shall
expire at the end of 12 months from the date of issuance if work has
not commenced. Where work has commenced within 12 months of permit
issuance, the approval shall remain valid for two years from the date
of issuance. The applicant may, within 30 days prior to expiration
of the approval, request an extension, in writing, to the Township,
setting forth therein the reasons for the requested extension, and
provide proof of extension of the erosion and sediment control plan
approval from BCCD and/or PADEP, as necessary. If, at the discretion
of the Township, an extension is warranted, the Township may grant
additional time for completion of work.
Appeals from the determination of the Township staff, or from
the Township Engineer in the administration of this chapter shall
be made by the applicant to the Board of Supervisors within 30 days
of that determination or decision.
Any ordinance or ordinance provision of Nockamixon Township
inconsistent with any of the provisions of this chapter is hereby
repealed to the extent of the inconsistency only.
The provisions of this chapter are severable. If any section,
clause, sentence, part or provision thereof shall be held illegal,
invalid, or unconstitutional by a court of competent jurisdiction,
such decision of the court shall not affect or impair any of the remaining
sections, clauses, sentences, parts or provisions of this chapter.
It is hereby declared to be the intent of the Board of Supervisors
that this chapter would have been adopted if such illegal, invalid,
or unconstitutional section, clause, sentence or part of a provision
had not been included herein.