[Ord. No. 2018-11, 8/20/2018]
This chapter shall be known and may be cited as the "Grading
and Tree Protection Ordinance."
[Ord. No. 2018-11, 8/20/2018]
The purpose of this chapter is to regulate the modification
of the natural terrain, alteration of drainage, and protection of
trees and their root systems within the Borough of Doylestown to assure
and safeguard health, safety, ecology, and the general welfare in
the Borough.
[Ord. No. 2018-11, 8/20/2018]
From and after the effective date of this chapter, any development or earth disturbance activity requiring a permit under Part 2 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.
[Ord. No. 2018-11, 8/20/2018]
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 § 102 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:
A landowner, or contractor acting under the authority of
the owner, who has filed an application for approval to engage in
any regulated activities as defined in § 105 of this chapter.
The area under a tree defined by points on the ground where
water will drip off the widest-reaching branches. This is also defined
as the "root zone."
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.
The movement of soil particles by the action of water, wind,
ice, or other natural forces.
A plan depicting vertical and horizontal features following
construction.
A plan depicting vertical and horizontal location of a building
foundation.
A permit issued by the Borough stipulating that the grading
meets all applicable laws, ordinances, and regulations of the Borough
of Doylestown and the Commonwealth of Pennsylvania.
A plan depicting proposed vertical and horizontal features
submitted with a grading permit application.
The perimeter of earth disturbance on site.
Ground cover establishing a 70% vegetated cover over the
entire disturbed area to control soil erosion and to survive severe
weather conditions.
See "dripline."
The face of an 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.
A woody perennial plant, typically having a single stem or
trunk growing to a considerable height and bearing lateral branches
at some distance from the ground.
Any channel or conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
[Ord. No. 2018-11, 8/20/2018]
1.
The following activities shall be regulated by the provisions of
this chapter and require a grading permit:
A.
Grading, construction, erection, or installation of any obstruction,
diversion, or concentration affecting the drainage of any parcel.
B.
Any earth disturbance within the dripline and root zone of any tree
larger than six inches' caliper. This applies whether the tree
trunk is located on the subject property, an adjacent property, or
is a street tree, if the dripline/root zone is located on the subject
property.
C.
Construction of one or more buildings or building additions where land development plan approval is not required pursuant to Chapter 22 of the Borough of Doylestown Code of Ordinances.
D.
Earth disturbance greater than 500 square feet.
E.
Any development activity not addressed above if deemed necessary
by the Borough Zoning Officer due to location and/or lot features
such as slope, soils, or other natural features, or impact to off-site
drainage requiring special consideration.
2.
The following activities do not require a grading permit:
A.
Use of land for home gardening, children's play areas, or flowerbeds.
B.
Construction of a residential accessory structure not exceeding 100
square feet of building area that does not obstruct or redirect surface
drainage.
C.
Existing road or driveway replacement, paving, repaving and/or maintenance.
Existing drainage ditches may be restored, maintained and cleared
without a grading permit.
D.
Any work within a right-of-way or public grounds, as defined in Chapter 25 of the Borough's Code of Ordinances.
E.
Any emergency activity immediately necessary for the protection of
life, property, or natural resources, as authorized by the Borough.
1.
Application for Grading Permit.
A.
Applications shall be completed in the name of the owner of the property,
who must sign the permit application.
B.
No person, firm, or corporation shall engage in an activity requiring
a grading permit unless such permit has been approved and granted.
The application shall be accompanied by a fee established by resolution
of the Borough Council and included in the Borough's schedule
of fees.
2.
General Conditions for Operation Under Grading Permits.
A.
Notwithstanding any provision of this chapter or any specific condition
of the grading permit, the applicant is responsible for the prevention
of damage to other people or property that may be affected by the
earthmoving or stripping activity.
B.
No person, firm or corporation shall modify, cut, fill, excavate,
pave, strip, grade, or regrade land in any manner that endangers or
damages any adjoining street, alley, or any other public or private
property.
C.
No person, firm, or corporation shall deposit, place, throw, or cause
to be deposited, placed or thrown any debris or other material in
any drainage structure or watercourse, unless permitted to do by an
appropriate federal or state permit.
D.
No person, firm, or corporation shall fail to maintain in adequate
working order any drainage facility on the site. All drainage ditches,
culverts, drainpipes, drainage structures, and watercourses shall
be kept open and free-flowing at all times.
E.
The owner of any property upon which any work is performed pursuant
to a grading permit shall install and maintain erosion and sediment
controls in accordance with the approved plan or as needed until the
site is permanently stabilized. In the event any mud and/or debris
is transported from the site onto a public roadway or public stormwater
facility, the mud and/or debris shall be immediately removed and the
facility cleared in a manner satisfactory to the Borough.
F.
All trees in an area of slope greater than 30% shall be protected with suitable tree wells, unless the necessity for removal is established. Precautions shall be taken to prevent the unnecessary removal of trees. Any grading around trees or any removal of trees must comply with Chapter 25 of the Borough of Doylestown Code of Ordinances, in addition to this chapter.
G.
Tree protection fence (four feet high) must be installed and maintained
around the dripline/root zone of existing trees larger than six inches'
diameter in areas of proposed grading activity.
3.
Grading Permit Plans.
A.
All applications shall be accompanied by a grading permit plan providing
the following information:
(1)
A plan drawn at a scale of not less than one inch equals 50 feet
and prepared to standard plan drafting minimum standards. A site plan
or as-built plan previously approved by the Borough for the subject
property may be utilized for base plan information. In the absence
of reliable property boundary information, such as prior surveys or
approved subdivision plans, the Borough Zoning Officer reserves the
right to require a plan prepared by a licensed Pennsylvania surveyor
or engineer.
(2)
All the plans shall include the following:
(a)
Name of preparer, and professional seal, signature and name/address
of responsible engineer, surveyor, or landscape architect, if applicable.
(b)
Name and address of applicant.
(c)
Tax Map parcel number and acreage.
(d)
Location of site (address).
(e)
North arrow.
(f)
Location map showing relationship of the site to adjoining properties.
Scale of the location map shall be one inch equals 800 feet.
(g)
Date of preparation of the plan, a descriptive list of revisions
to the plan, and the revision dates.
(h)
Deed restriction information (where applicable).
(j)
Zoning building setback lines, lot lines, monuments/pins/markers,
easements, and road rights-of-way.
(k)
Existing and proposed building/structure locations, building/structure
horizontal dimensions, sanitary laterals, water supply pipes, storm
sewers, inlets, manholes, downspouts, basement drains, sump pump drains,
utility boxes, walls, fences, berms, underground utilities, and all
other man-made structures/features.
(l)
Driveway openings and slopes, driveway turnarounds and parking
areas, depressed curb length, and driveway configurations from the
garage or parking area to the street.
(m)
All trees on site larger than six inches' caliper with
notes on size and species.
(n)
All required four-foot tree protection fencing around all trees
larger than six inches at the edges of their dripline root zones.
(o)
Recorded and/or proposed easements, covenants, equitable servitudes,
and deed restrictions.
(3)
For projects requiring a grading permit, the plans shall include
the following:
(a)
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.
(b)
Erosion and sediment control measures with associated installation
details and inspection and maintenance schedules.
(c)
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, if applicable.
(e)
Ground elevations at each corner of each building, if applicable.
(f)
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.
(g)
Street trees and existing trees to be removed, including species
and caliper.
(h)
Sidewalk and bikeway locations.
(i)
Recorded and/or proposed easements, covenants, equitable servitudes,
and deed restrictions.
B.
All grading permits shall require the applicant to:
(1)
Notify the Borough a minimum of two working days prior to commencement
of any earth disturbance.
(2)
Obtain Bucks County Conservation District sediment and erosion control
plan approval where applicable.
(3)
Comply with the Borough's Stormwater Management Ordinance.
(4)
Install and maintain tree protection, silt fence and all other required
erosion and sediment control measures identified on the approved plan,
until permanent stabilization is achieved.
(5)
Allow the Borough official/employee and Borough Engineer to enter
the site for the purpose of inspecting compliance with the grading
permit.
(6)
Be responsible to ensure all erosion and sediment control measures
are maintained in accordance with the inspection schedule outlined
on the approved plan. The applicant shall determine the condition
and need for replacement or repair of in-place control measures, the
overall effectiveness of the plan, and the need for additional control
measures.
4.
General Grading Requirements.
A.
All erosion and sediment control measures shall be installed in accordance
with the approved plan prior to any earthmoving and/or stripping activities.
B.
No excavation or fill shall be made with a slope steeper than four
horizontal to one vertical, except under the following conditions:
(1)
The material is sufficiently stable to sustain a steeper slope. A
sealed, written statement to that effect from an engineer licensed
in the Commonwealth of Pennsylvania shall be submitted to the Borough.
The statement shall affirm that the site has been inspected and the
deviation from the slope restriction shall not result in injury to
persons or damage to property. A detail of the treatment of the slope
(proposed grade, seeding, erosion protection, etc.) shall be submitted
with the application.
(2)
A concrete, masonry, or other approved retaining wall is designed
and constructed in accordance with acceptable engineering practice
to support the slope of the excavation or fill. Design plans bearing
the signature and seal of the responsible licensed professional engineer
or geologist shall be submitted for Borough records.
C.
Edges of slopes shall be a minimum of five feet from property lines,
ultimate/future right-of-way lines of streets, and easements to permit
the normal rounding of the edge without encroachment on the abutting
property, right-of-way, or easement.
D.
All lawn areas shall be graded at a minimum slope of 2% to provide
positive drainage away from buildings.
E.
Stormwater shall not pond, except where (detention basins, stormwater
management BMPs, swales, etc.) proposed in accordance with a stormwater
management plan approved by the Borough for the site.
F.
In no case shall grading be completed in such a manner as to divert
or concentrate water onto adjacent property unless part of an approved
stormwater management plan and an easement is obtained from the property
owner.
G.
In no case shall roof water be conveyed in such a manner as to divert
or concentrate water onto adjacent property unless part of an approved
stormwater management plan and an easement is obtained from the property
owner.
H.
In no case shall grading be completed in such a manner as to obstruct
an existing drainage path.
I.
Each person, corporation, or other entity that makes any surface
changes to the site shall be required to collect on-site surface runoff
and control it to a point of discharge into the drainage area, watercourse,
stormwater easement, or storm sewer system.
J.
All plans wherein a sump pump or basement drain is proposed to be
installed shall provide for discharge of the sump pump/drain to a
natural watercourse, drainage swale, stormwater easement, or storm
sewer system. Under no condition shall sump pumps be discharged into
the street or over a sidewalk.
K.
No grading equipment shall be permitted to be loaded, unloaded, or
stored on a public street without approval from the Borough. No grading
equipment shall be permitted to travel on or across a public street
unless licensed for operation on public thoroughfares.
L.
Before granting a certificate of occupancy for buildings, building
lots shall be finish-graded and stabilized with permanent vegetation.
A conditional occupancy permit may be issued by the Borough if it
is not possible to establish lawns due to the season of the year.
5.
As-Built Plans.
A.
A foundation as-built plan shall be submitted to, and approved by,
the Borough for all new dwellings and nonresidential structures prior
to continuing construction past the foundation stage. These plans
shall include lot lines, zoning setback lines, exact foundation location,
and elevations of basement floor and top of bearing wall. Foundation
as-built plans must be prepared and sealed by a registered land surveyor
or engineer.
B.
A final as-built site plan shall be submitted and approved to verify
compliance with the approved grading permit and other permits prior
to issuance of a certificate of occupancy. Final as-built plans shall
be required for all new dwellings, nonresidential structures, and
any other sites where, in the determination of the Zoning Officer,
a final as-built plan is required to verify compliance with the approved
plan and any other applicable Borough ordinance. Final as-built plans
shall reflect the as-constructed condition of the site and include
all information required on the grading permit plan. The as-built
plan must be prepared and sealed by a registered land surveyor or
engineer.
6.
Inspections.
A.
The Borough official or Borough Engineer shall make periodic inspections
to verify compliance with the approved plan. All plans, reports, and
schedules required by and approved under this chapter shall be maintained
by the applicant at the site during the progress of the work.
B.
To obtain inspections, the applicant shall notify the Borough Building
Department at least two working days before completion of the following:
C.
Prior to commencing stripping, clearing and/or grading, the applicant
shall cause the limit of disturbance to be staked out and tree protection
fence installed in accordance with the approved grading permit plan.
In the event the staked-out area is larger or in a substantially different
location from the area depicted on the grading permit plan, the applicant,
prior to the commencement of stripping, clearing or grading, shall
file an amended application in accordance with the procedures set
forth herein for the grading area which is in fact proposed. The applicant
shall not strip, clear or grade any area not designated on the grading
permit plan approved by the Borough.
D.
A final inspection shall be conducted by the Borough or Borough Engineer to certify compliance with this chapter. Satisfactory compliance with this chapter, including submission of as-built plans pursuant to Subsection 5 of this section, shall be necessary before issuance of a certificate of occupancy permit.
7.
Responsibility.
A.
The applicant shall not be relieved of responsibility for damage
to persons or property otherwise imposed by law, and the Borough or
its officials will not be made liable for this damage, by:
(1)
The issuance of a grading permit in accordance with this chapter
or other applicable laws;
(2)
Compliance with the provisions of approval or with conditions attached
to it;
(3)
Failure of Borough officials to observe or recognize hazardous or
unsightly conditions;
(4)
Failure of Borough officials to deny or to recommend denial of approval;
or
(5)
Exceptions from the requirements of this chapter.
8.
Approval Expiration and Renewal.
A.
Every grading permit issued 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 Borough, setting forth therein the reasons
for the requested extension, and provide proof of extension of erosion
and sediment control plan approval from the BCCD and/or PADEP as necessary.
If, at the discretion of the Borough, an extension is warranted, the
Borough may grant additional time for completion of work.
9.
Plan Revisions and Additional Conditions.
A.
Grading permit plan revisions shall be submitted to the Borough and
shall be processed and approved or disapproved in the same manner
as the original plans. Field modifications of a minor nature may be
authorized by the Borough.
B.
Where the Borough official or Borough Engineer determines that stormwater
or erosion and sediment damage may result from grading at a site with
an approved plan, work may be ordered by the Borough to be stopped
and the applicant required to install temporary structures or take
such other measures as may be necessary to protect adjoining property
or public safety.
1.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter shall,
upon conviction, be found guilty of a summary offense, the penalty
for which shall be a fine of no less than $500, including reasonable
attorneys' fees and the cost of prosecution incurred by the Borough
as a result thereof. Each day that a violation continues shall constitute
a separate violation.
2.
Remedy for Violation. In addition to the penalties as set forth in Subsection 1 above, any property subjected to earthmoving or stripping activities performed in violation of this chapter shall be restored to its previous condition, including replacement of excavated earth, removal of illegally placed fill, and restoration of grades and planting. In order to enforce this section, the Borough Solicitor may seek injunctive relief in accordance with the Rules of Civil Procedure and the Pennsylvania Municipalities Planning Code.[1] Any activity undertaken or carried out in noncompliance
with this chapter may be declared by the Borough Council to be a public
nuisance and abatable as such.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
3.
Revocation or Suspension of Permit. Any permit issued under this
chapter may be revoked or suspended by the Borough Council, after
notice to the applicant, for:
A.
Failure to properly carry out the erosion and sediment control measures
described in the application and/or accompanying plans at the times
specified in the approved plan's construction schedule or within
any extension that may be granted by the Borough.
B.
Violation of any other condition of the grading permit.
C.
Violation of any provision of this chapter or any other applicable
law, ordinance, rule, or regulation relating to the earthmoving and/or
stripping activities.
D.
The existence of any condition or the doing of any acts constituting
or creating a nuisance or hazard or endangering human life or the
property of others, including, without limitation, the discharge of
sediments from the site or the failure of the control to prevent accelerated
erosion or waterborne sediment from leaving the site of construction.
4.
Notice of Nonconforming Work. If, at any stage of construction, the
earthmoving and/or stripping activities do not conform to the grading
permit; to the attached conditions; or to the accompanying plans and
specifications, including modifications thereof; or for any violation
of this chapter, a written notice to comply shall be given to the
applicant. Such notice shall set forth the nature of corrections required
and the time within which corrections shall be made. The applicant
shall have 10 working days to remedy the items noted as noncompliant
in any notice to comply.
Appeals from the determination of the Borough staff or from
the Borough Engineer in the administration of this chapter shall be
made by the applicant to the Borough Council within 30 days of that
determination or decision.
