[HISTORY: Adopted by the Board of Supervisors of Edgmont Township 12-19-2012 by Ord. No. 221. Amendments noted where applicable.]
The purpose of this chapter is to:
A. 
Establish permit requirements and procedures in connection with the regulation of the modification of natural terrain or existing terrain, disturbance of topography and vegetation and the alteration of stormwater runoff on parcels of real property, including but not limited to subdivisions and development of land, as defined in Chapter 305, Subdivision and Land Development, as amended (the "Edgmont Township Subdivision and Land Development Ordinance").
B. 
Require soil erosion and sediment control and stormwater management measures be implemented in connection with certain grading and earth disturbance activity within the Township, in order to protect the health, safety and welfare of the residents of the Township and the general public.
C. 
To implement Chapter 292, Stormwater Management, as may be amended and supplemented from time to time.
Except as expressly set forth in this chapter to the contrary, it shall be unlawful for any person or entity to engage in activities which modify the natural or existing terrain, alter stormwater runoff or disturb the topography and vegetation of parcels of land within Edgmont Township, without first complying with the provisions of this chapter, including filing for and obtaining a permit.
A. 
The permit requirement may be waived by the Township under this chapter only for the following activities, provided that, in the opinion of the Township, the same will be conducted in a manner that does not result in sedimentation or runoff damage to surrounding properties:
(1) 
The use of land for gardening for home consumption.
(2) 
Agricultural uses subject to Chapter 292, Stormwater Management.
(3) 
Forestry subject to Chapter 292, Stormwater Management, and when conducted in accordance with a conservation plan approved by the Delaware County Conservation District.
(4) 
One or more instances of land grading or clearing activity done for the purpose of constructing or installing new or additional impervious ground coverage where such activity, in the aggregate, amounts to new or additional impervious surface of less than 500 square feet, except when such activity takes place in steep or very steep slopes.
(5) 
One or more instances of land grading or clearing activity with no improvements, where such activity, in the aggregate, disturbs less than 5,000 square feet of land, except when such activity takes place in steep or very steep slopes.
(6) 
Any activity specifically exempted under Chapter 292, Stormwater Management.
(7) 
Permits for individual lots in an approved subdivision shall not be required if the finally approved and recorded subdivision and land development plans contain an approved grading plan and stormwater management site plan for the entire tract to be developed; and if, in the opinion of the Township, the development of the individual lots does not sufficiently deviate from the approved final plans.
B. 
In all cases where a proposed activity does not require a permit under this section, the landowner shall at all times otherwise comply with the applicable provisions of Chapter 292, Stormwater Management, and the soil and sedimentation control provisions of Chapter 305, Subdivision and Land Development.
C. 
The exemption provisions of this section shall not apply to the construction or installation of in-ground swimming pools.
D. 
The exemption provisions of this section shall not exempt the inspection of property and activities from time to time by the Township to ensure that such activity does not result in or threaten to result in sedimentation or runoff damage to surrounding properties. In the event that the Township determines that the activity results in or threatens to result in sedimentation or runoff damage to surrounding properties, the Township may require corrective action to be taken, notwithstanding that the activity was originally exempt from the permit requirements of this chapter.
A. 
Any person or entity proposing to engage in any activity not expressly exempted from the permit requirements of this chapter shall first apply, in writing, for and receive a permit in accordance with this chapter. All applications shall be submitted on forms provided by the Township.
B. 
The appropriate application fee and financial security escrow, as established by resolution of the Board of Supervisors from time to time, shall accompany each application.
C. 
Each application shall comply with the design criteria of Chapter 305, Subdivision and Land Development, and Chapter 292, Stormwater Management, and, in addition, shall include the following:
(1) 
An approved tree protection and replacement plan prepared in accordance with Chapter 305, Subdivision and Land Development.
(2) 
With the exception of projects qualifying to use the simplified approach to stormwater management for small projects under Chapter 292, Stormwater Management (see Attachment 2 thereto), all plans required pursuant to this chapter shall be prepared and sealed by a registered engineer, land surveyor or landscape architect licensed in the Commonwealth of Pennsylvania.
(3) 
A maintenance and operations agreement executed by the property owner, satisfactory to the Township, providing for the ongoing maintenance and operation of the proposed stormwater management facilities, together with any materials, information or financial security required to be submitted in connection therewith. The maintenance and operations agreement shall be recorded by the applicant in the office of the Recorder of Deeds in and for Delaware County within five days following the issuance of the permit to the applicant. Evidence of recording shall be provided to the Township upon recording.
D. 
Application for and issuance of a permit under this chapter shall not relieve the applicant from compliance with other applicable federal, state or Township laws, rules, regulations and ordinances.
E. 
The applicant agrees by submission of an application under this chapter that the Township and its authorized agents and employees shall be permitted to enter upon the property to inspect grading or land disturbance activity for purpose of ensuring compliance with this chapter and other ordinances of the Township or ordinances enforced by the Township.
F. 
Applications submitted without the required information, including without limitation the proper application fee and/or financial security escrow, shall be returned to the applicant as incomplete.
G. 
Completed applications shall be reviewed by the Township within 30 days after receipt by the Township of the completed application and the Township shall within said time either issue a permit (with or without conditions); or issue a written review identifying deficiencies requiring revision to the application materials. If deficiencies are noted, the applicant shall correct the deficiencies and submit the revised materials to the Township within 30 days after receipt of the written review. Upon receipt by the Township of the revised materials, the Township shall have an additional review period of 30 days, following the same process set forth in this subsection until a permit may be issued.
A. 
Escrow shall be posted with the Township, in accordance with the resolution(s) adopted by the Township from time to time, to ensure completion of all permitted activity.
B. 
Notwithstanding the exemptions and limitations set forth in § 193-3 of this chapter, no person or entity shall modify, fill, excavate, pave, grade or regrade or otherwise disturb land within the Township in any manner as to endanger or damage public or private property or to cause physical damage or personal injury. Precautions shall be taken to prevent any damage to adjoining streets, sidewalks, buildings and other structures which could be caused by settling, cracking, soil erosion or sediment deposition.
C. 
Notwithstanding the exemptions and limitations set forth in § 193-3 of this chapter, no person or entity shall fail to maintain any drainage facility on his/its property in good and proper operating condition. All watercourses, drainage ditches, culverts, drainpipes and drainage structures shall be kept open and free-flowing at all times.
D. 
All bare earth shall be promptly seeded, sodded or otherwise stabilized and effectively protected from soil erosion in accordance with this chapter. In the event that work on a project ceases for more than 48 hours, whether temporarily or permanently, all graded surfaces shall be seeded, sodded, planted or otherwise protected from erosion immediately, weather permitting, and shall be watered, tended and maintained until growth is well-established. The disturbed area and duration of exposure shall be kept within the identified limits of disturbance.
E. 
Final grading for dwellings shall provide a downward slope away from the dwelling along all foundation walls. The final grade shall provide a minimum slope of six inches within the first 10 feet measured from the foundation wall, unless approved otherwise by the Township.
F. 
Provisions satisfactory to the Township shall be made for all earth disturbances to control dust.
G. 
The design, installation and maintenance of erosion and sediment control measures shall be accomplished in accordance with standards and specifications established from time to time by Chapter 305, Subdivision and Land Development, and the Delaware County Conservation District.
H. 
Except as otherwise provided by law, permits issued under this chapter shall be valid for a period of one year from the date of issuance. Extension of a permit may be granted upon submission to and review and determination by the Township. All requests shall be submitted to the Township, in writing, no less than 30 days prior to the expiration of the permit sought to be extended.
I. 
Permits issued under this chapter may be assigned or reissued in connection with a sale or transfer of the property for which the permit was issued; or if the permit was issued to a contractor for work to be done on a property and there is a change in contractor. Any assignment or reissuance of a permit shall be subject to Township approval and shall, among other things, require that the assignee pay the application fee and post any required financial security escrow with the Township.
A. 
Inspections for work authorized under a permit shall be performed by the Township or other qualified person acceptable to the Township, at the cost of the permittee, which shall either be paid directly by the permittee or deducted from the permittee's escrow.
B. 
The Township shall conduct an initial inspection to verify compliance with permit requirements for the installation of the preliminary soil erosion and sedimentation control measures such as silt fence, tree protection, stabilized construction entrance and other facilities shown on the permit plans that are required to be installed before earthmoving begins. The Township shall not issue any further permits until the foregoing permit requirements have been inspected (reinspected) and approved.
C. 
Interim inspections during the course of construction may be conducted on a random basis as determined by the Township, or as required under Chapter 292, Stormwater Management, to ensure that all required controls are in place and functioning as designed. This shall include, but not be limited to, inspections of properties and activities for which a permit was not required under this chapter.
D. 
A final inspection shall be conducted by the Township to verify compliance with the permit and this chapter. A final inspection may also be conducted by the Township to verify compliance with this chapter and Chapter 305, Subdivision and Land Development, regarding tree replacement. Compliance with this chapter and the design standards of Chapter 305, Subdivision and Land Development, and Chapter 292, Stormwater Management, shall be necessary before issuance of an occupancy permit.
E. 
If any work authorized by the Township under this chapter, under a permit or otherwise, remains uncompleted, and the permittee shall request a certificate of occupancy from the Township, a temporary certificate of occupancy, not valid for more than 180 days, may be issued, provided that the temporary certificate contains a written list of uncompleted items to be completed by the permittee prior to the expiration of the temporary certificate of occupancy. In addition, the permittee shall post additional escrow with the Township sufficient to satisfy the cost of completing any uncompleted items listed on the temporary certificate of occupancy. Notwithstanding any provision of Chapter 150, Construction Codes, as amended, or Chapter 365, Zoning, as amended, to the contrary, no permanent certificate of occupancy shall be issued until all of the uncompleted permit work shall have been completed.
F. 
In the event that the permittee fails to satisfy the uncompleted permit work within the time stated on the temporary certificate of occupancy, the Township may, in addition to any other remedies available to it in law or equity, draw upon the escrow funds and cause the outstanding items to be completed.
A. 
An application fee and financial security escrow, as established by resolution of the Board of Supervisors from time to time, shall accompany each application submitted to the Township. The application fee shall cover the cost of processing the application, and the financial security escrow shall ensure proper completion (including inspection) of the work proposed under the application and authorized by the permit. In the event that the initial financial security escrow is not sufficient or is depleted before the permit work is completed, the Township may require that additional financial security escrow be posted to replenish the financial security escrow account of the applicant.
B. 
Notwithstanding any provision of Chapter 150, Construction Codes, as amended, or Chapter 365, Zoning, as amended, to the contrary, occupancy permits may be withheld by the Township in the event that the payment of fees or the posting (including replenishment) of any required financial security escrow required by this chapter is outstanding at the time of issuance of an occupancy permit.
A. 
Any permit issued under this chapter may be revoked or suspended by the Township for:
(1) 
Failure to carry out the control measures described in the permit at the appropriate times as specified in the applicable time schedule or within such reasonable extension as may be granted by the Township.
(2) 
Violation of any permit conditions.
(3) 
Violation of any provision of this chapter or any other applicable law, Township ordinance, rule or regulation relating to the permitted work.
(4) 
Existence of any condition or the doing of any act (or the failure to do any required act) constituting or creating a nuisance, hazard or endangerment to human life or the property of others.
(5) 
Failure to record the maintenance and operations agreement and provide evidence of recording to the Township as required under § 193-4, above.
B. 
Except in the case of emergency, the Township shall provide at least twenty-four-hour prior notice of revocation or suspension to the applicant. In the event of any emergency, the Township shall provide notice of the revocation or suspension of the permit to the applicant as soon as reasonably practicable under the circumstances.
A. 
Upon determining a violation of this chapter has, or is, occurring, the Township Code Enforcement Officer shall issue a notice of violation ("notice"), and the Board of Supervisors may impose a fine in the amount of $1,000 upon the violator.
(1) 
Where the violation may be corrected by the payment of a fine and the violator pays the prescribed fine within 15 days of the date on the notice, the fine shall be reduced by 50% of the fine.
(2) 
Where the violation requires corrective action (or cessation of certain activity) by the permittee and the permittee takes such corrective action (or ceases such activity) within the time established therefor in the notice, the fine shall be waived by the Township.
B. 
In the event that the permittee fails to comply with the notice within the time set forth in the notice, the Township may initiate a civil enforcement proceeding before a Magisterial District Judge, by complaint or other such means as may be provided by the Pennsylvania Rules of Civil Procedure. In addition to, and not in lieu of civil actions before a Magisterial District Judge, the Township may enforce the ordinance in an equity proceeding in the Delaware County Court of Common Pleas.
C. 
In any case where a notice has been issued upon a permittee and the permittee has been found liable therefore in a civil enforcement proceeding initiated by the Township, the permittee shall pay the fine assessed by the Township plus all court costs, including reasonable attorney fees, incurred by the Township.
D. 
Each day or portion thereof that the violation shall be found to exist, or each section of this chapter which is found to have been violated shall give rise to a separate offense under this chapter.
E. 
In case of any continuing violation of this chapter and in addition to other remedies provided under this chapter or by law, the Township may institute any appropriate action or proceedings to prevent such unlawful activity; to restrain, prevent, correct or abate such violation. In addition, upon the failure of any permittee to complete the control measures specified in his application, the Township may, revoke such permit and may proceed to complete such measures itself and recover the cost thereof from the permittee or his surety.
A. 
References in Chapter 305, Subdivision and Land Development, Chapter 292, Stormwater Management, Chapter 365, Zoning, or any other Township ordinance, rule or regulation to a grading or stormwater management permit shall be deemed to be references to the permit and permit requirements of this chapter.
B. 
In the event of a conflict between the provisions of this chapter and any other Township ordinance, rule or regulation, permit or approval, the more stringent of the conflicting provisions shall be controlling.