[Ord. 86-2, 2/18/1986, Part 1; as amended by Ord. 99-5, 11/3/1999]
1. Short Title. This Part shall be known and may be cited as the "Valley
Township Grading, Stormwater Management, Soil Erosion and Sedimentation
Control Ordinance of 1986," implementing Title 25, Rules and Regulations,
Part II, Commonwealth of Pennsylvania, Department of Environmental
Protection, Subpart C, Protection of Natural Resources, Article II,
Water Resources, Chapter 102, Erosion Control.
2. Purposes. The purposes of this Part are to regulate the modification
of the natural terrain, addition of impervious area, the alteration
of drainage or runoff characteristics and to provide for certain erosion
and sediment control measures within the Township so as to assure
and safeguard health, safety, ecology and general welfare in Valley
Township, Chester County.
3. Scope. From and after the effective date of this Part any subdivision and/or land development approved under the Valley Township Subdivision and Land Development Ordinance (Chapter
22), as amended, the Valley Township Zoning Ordinance (Chapter
27), as amended, or any activity qualifying under §
9-102, Subsection
2, herein shall conform with this Part. In the event of a conflict between this Part and the Floodplain Ordinance (Chapter
8), as amended, the Floodplain Ordinance shall take precedence.
[Ord 86-2, 2/18/1986,
Part 2; as amended by Ord. 99-5, 11/3/1999]
1.
Definitions. As used
in this Part, the following terms shall have the meanings indicated:
ALLUVIAL SOILS
An azonal great group of soils, developed from transported
and relatively recently deposited material (alluvium) characterized
by a weak modification (or none) of the original material by soil-forming
processes.
CUT and/or FILL
Process of earthmoving by excavating part of an area and/or
using excavated material for embankments or fill areas.
EROSION
(1)
The wearing away of the land surface by running water, wind,
ice or other geological agents.
(2)
Detachment and movement of soil or rock fragments by water,
wind, ice or gravity.
GRADE
(1)
The slope of a road, channel or natural ground.
(2)
The finished surface of a canal bed, roadbed, top of an embankment
or bottom of an excavation or any surface prepared for the support
of construction like paving or laying a conduit.
(3)
To finish the surface of a canal bed, roadbed, top of embankment,
bottom of excavation or the action of changing the topography of a
particular plot of land.
RUNOFF (HYDRAULICS)
That portion of the precipitation on a drainage area or watershed
that is discharged from the area in stream channels. Types include
surface runoff, groundwater runoff or seepage.
SEDIMENT
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of origin by
air, water gravity or ice and has come to rest either above or below
sea level.
SLOPE
Degree of deviation of a surface from the horizontal, usually
expressed in percent or degrees.
SOIL DRAINAGE
A condition of the soil, referring to the frequency and duration
of periods when the soil is free of saturation.
TOWNSHIP
Valley Township, Chester County.
WATERCOURSE
A natural drainage route or channel for the flow of water.
2. General Requirements. Whenever the landscape is to be permanently
disturbed as to either contours, soil or slope characteristics or
vegetation or any ground cover is to be permanently removed, except
for agricultural purposes, a plan and stormwater management report
is required showing how resulting stormwater and erosion and sedimentation
shall be controlled. This plan shall include the following:
A. The amount of site alteration proposed.
C. Erosion and sediment control practices (both temporary and permanent)
and the operation and maintenance arrangements.
D. Stormwater runoff calculation for before and after the proposed work.
E. Stormwater management measures.
3. Activities Requiring Grading Permit:
A. Modifying, disturbing, blocking, diverting, or otherwise adversely
affecting the natural overland or subsurface flow of stormwater.
B. Construction, erection, or installation of any drainage dam, ditch,
culvert, drain pipe, bridge or any other structure or obstruction
affecting the drainage of any premises.
C. Paving, filling, stripping, excavating, grading or regrading of any
land.
D. Any other activity which will disturb the landscape, vegetation or
any ground cover by any activity involving an area in excess of 3,000
square feet.
E. Construction of driveways.
4. Activities Requiring No Grading Permit:
A. Improvements, such as the erection of retaining walls, minor regrading
or other activities on a property which do no adversely affect the
natural overland or subsurface flow of stormwater, drainage of any
premises or adversely disturb the landscape, in a gross area of 3,000
square feet or less on any one property.
B. Farming, gardening or lawn restoration, but not including sod farming.
[Ord 86-2, 2/18/1986,
Part 3]
1. Application.
A. Any person, firm or corporation proposing to engage in an activity
requiring a grading permit hereunder shall apply therefor by the submission
of a plan.
B. The developer should, before submitting a preliminary plan for review, consult the Township Zoning Ordinance (Chapter
27), the Floodplain Ordinance (Chapter
8) and the Subdivision and Land Development Ordinance (Chapter
22).
C. A separate plan shall be required for each grading permit.
D. Five copies of the proposed plan, including specifications, engineering
calculations and development schedules, shall be submitted to the
Township Secretary for a grading permit. The Secretary shall forward
one copy of the plan to the Planning Commission, one copy to the Township
Engineer and one copy to the Zoning Officer.
E. The plan for a grading permit shall be accompanied by a fee as established
in the Board of Supervisors' schedule of fees and collection
procedure for all applications.
2. Data Required. The plan for a grading permit shall include:
A. A valid boundary line survey of the site on which the work is to
be performed.
B. A description of the features, existing and proposed, surrounding
the site which are of importance to the proposed development.
C. A plan of the general topography (including drainage) and soil conditions
on the site.
D. A description of the existing and future man-made features of importance
to the proposed development (e.g., cuts and/or fills, buildings, roads,
parking areas and driveways.)
E. Proposed soil erosion and sediment control measures in accordance
with standards and specifications of the Chester County Conservation
District.
F. Where required by §
9-104, hereof, plans, specifications and supporting calculations for stormwater management measures sufficient so that all excess runoff created by a proposed project shall be retained. Such calculations must show that there will not be an increase in runoff from two-, five-, ten-, twenty-five-, fifty- and one-hundred-year storms.
[Ord 86-2, 2/18/1986,
Part 4; as amended by Ord. 88-2, 4/20/1988]
1. In addition to the requirements of §
9-103, Subsection
2, where deemed necessary by the Township Engineer and Valley Township Planning Commission, or the Board of Supervisors, the applicant shall also submit with the plan a detailed drainage study prepared by a registered professional engineer qualified in hydrology in the Commonwealth. This study shall include:
A. A plan of the property showing the location of all present and proposed
ditches, streams, pipes and other drainage structures and proposed
cuts and/or fills. In addition to showing present elevations, dimensions
and the location and extent of all proposed grading and/or drainage,
the plan shall clearly indicate all woodlands, 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 plan shall also describe the work to be
performed, the disposition of cut and/or fill, 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 also supply the
supporting data for the plan as developed by his engineer.
B. Calculations to determine runoff shall be based on the Soil-Cover
Complex Method, a description of which is available from the USDA.
(1)
The design criteria for storm sewer piping on inlet systems
within a subdivision being developed shall be for a twenty-five-year
frequency storm; culverts across roadways shall be designed for a
fifty-year frequency storm; open watercourses or swales and stormwater
retention facilities shall be designed for the one-hundred-year frequency
storm as prescribed in accordance with the following:
(a)
The coefficient of runoff for all areas upstream of any drainage
structure shall be computed on the basis of existing land use and
the projected land use described and shown on the Valley Township
Comprehensive Plan, as amended, and adjacent municipalities'
Comprehensive Plans, where applicable. The existing land use shall
be designated as a "meadow" or "woodland" soil cover, whichever is
appropriate, for all existing land use runoff calculations.
(2)
The following provisions apply to the carrying and disposal
of stormwater runoff:
(a)
All drainage facilities shall be designed to carry surface water
in such a manner as to prevent erosion or overflow.
(b)
The applicant shall agree to the granting and recording of easements
covering the installation and maintenance of drainage facilities.
(c)
The rate of runoff shall be no greater during and after a two-,
five-, ten-, twenty-five-, fifty- and one-hundred-year frequency storm
when the development is completed than that which existed using a
"meadow" or "woodland" soil cover as the existing condition before
the development. Appropriate measures or calculations shall be provided
to verify such provisions.
(3)
A soils investigation report shall be provided if loadbearing
fill is proposed. This report 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 bearing the seal of a registered professional
soils engineer which shall include data regarding the nature, distribution
and supporting ability of existing soils and rocks on the site and
conclusions and recommendations to insure stable soil conditions and
ground water control as applicable. Valley Township may require such
supplemental reports and data as is deemed necessary by the Township
Engineer. Recommendations included in such reports and approved by
the Township Engineer shall be incorporated in the plan or specifications.
In addition:
(a)
Fills toeing out on natural slopes steeper than four horizontal
to one vertical shall not be made unless a report acceptable to the
Township Engineer and approved by the Board of Supervisors is received.
The report shall be made 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.
(b)
Natural and/or existing slopes exceeding five horizontal to
one vertical shall be benched or continuously stepped into competent
materials prior to placing all classes of fill.
[Ord 86-2, 2/18/1986,
Part 5]
Upon the approval of the plan by the Township Engineer, the
Building Inspector shall issue the necessary grading permit.
[Ord. 86-2, 2/18/1986, Part 6]
1. Standards for Issuance of Grading Permit.
A. Notwithstanding any provision of this Part or any condition of the
grading permit, the permittee is responsible for the prevention of
damage to other property or personal injury which may be caused by
the activity requiring a grading permit.
B. 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, alley or any other public
or private property without supporting and protecting such property
from settling, cracking, erosion, sediment, flooding or any other
physical damage or personal injury which might result.
C. No person, firm or corporation shall deposit or place any debris
or any other material whatsoever or cause such to be thrown or placed
in any drainage ditch or drainage structure in such a manner as to
obstruct free flow.
D. No person, firm or corporation shall fail to maintain in good operating
order any drainage facility on his premises. All drainage ditches,
culverts, drain pipes, drainage structures and stormwater retention
facilities shall be kept open and free flowing at all times.
E. The owner of any property on which any work has been done pursuant
to a grading permit granted under this Part 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. The Township is
responsible for maintenance and repair only within the right-of-way
of Township roads.
F. 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 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,
as outlined in the "Environmental Protection Handbook," Chester County
Conservation District, as amended.
G. All trees in the area of an extreme grade change shall be protected
with suitable tree wells, unless the need for removal is established.
Precautions to prevent the unnecessary removal of trees are required.
H. When required, adequate provisions shall be made for such dust control
measures as are deemed acceptable by the Township Engineer.
I. All plans and specifications submitted for a grading permit shall
include provisions for both interim (temporary) and ultimate (permanent)
erosion and sediment control.
(1)
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 Soil Conservation
District as adopted from standards and specifications of the United
States Soil Conservation Service.
(a)
Technical standards for the design and installation of erosion
and sediment control measures are on file in the Office of the County
Conservation District and other governmental agency offices.
(b)
Standards and specifications adopted for the purposes of this
Part 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 on prepared
seedbed.
3)
Permanent grass and legume cover for critical areas on unprepared
seedbed.
8)
Grasses waterway or outlet.
9)
Grade stabilization structure.
12)
Drainage - mains or laterals.
J. A quality control program is critical for fills; therefore, wherever
fill material is to be used the person, firm or corporation shall
be responsible for testing to determine its dry density as per ASTM
D 1556. The density of each layer shall be not less than 95% of maximum
dry density as determined by ASTM D 1557.
(1)
Inspection procedure shall follow the general procedure as stated in §
9-107, Subsections
1 and
2.
(2)
Compaction test reports shall be kept on file at the site and
shall be subject to review at all times.
[Ord 86-2, 2/18/1986,
Part 7; as amended by Ord. 96-4, 5/7/1996, § 9; by Ord.
97-2, 3/18/1997, § 9;
and by Ord. 99-7, 11/3/1999, §§ 2, 3]
1. Enforcement.
A. Inspections.
(1)
All inspections shall be the responsibility of the Township
Engineer or, in his absence, a qualified person acceptable to the
Township Engineer and the Board of Supervisors.
(2)
Inspections will be carried out on a random basis [except as stated in §
9-107, Subsection
1A(5)]. A set of as-built plans, authenticated by a registered professional engineer, shall be on file at the site. When acceptable to the Township Engineer and the Board of Supervisors, a designated qualified person may authenticate the as-built plans and he shall assume full responsibility for quality of work.
(3)
As-built plans shall be available on the site at all times and
shall be subject to inspection and inquiry.
(4)
Engineering check notes shall accompany all as-built plans which
involve structural or mechanical measures and shall show that structures
meet the design standards and specifications specified herein.
(5)
A final inspection shall be conducted by the Township Engineer
to certify compliance with this Part. Satisfactory compliance with
this Part shall be necessary before issuance of an occupancy or use
permit.
2. Costs of Inspection. Applicants shall bear all costs of inspections
required or permitted hereunder and shall deposit with the Township
Secretary such sums as the Board of Supervisors shall determine to
guarantee payment of the costs of such inspections. The cost of inspections
shall be in accordance with the established schedule of fees and collection
procedure for matters pertaining to this Part.
3. Penalties. Any person, firm or corporation who shall violate any
provision of this Part shall be guilty of a summary offense punishable
by a fine not to exceed $1,000, together with all court costs and
reasonable attorney's fees incurred in any such enforcement proceeding,
and may further be punished by imprisonment to the extent permitted
for summary offenses. Each day that a violation continues may be considered
a separate offense.
4. Any administrative appeal of the Code Enforcement Officer's
decision regarding this Part must be filed in writing with the Township
Secretary within 10 days after notification to the appellant of that
decision. Such appeal must contain a concise statement of the reason(s)
for the appeal and must be accompanied by such fee as may be approved
by resolution of the Board of Supervisors.