[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.
PROFESSIONAL ENGINEER
An engineer licensed by the Commonwealth of Pennsylvania to practice engineering.
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.
B. 
Development schedule.
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.
4) 
Sodding.
5) 
Mulching.
6) 
Temporary diversion.
7) 
Permanent diversion.
8) 
Grasses waterway or outlet.
9) 
Grade stabilization structure.
10) 
Debris basin.
11) 
Drain.
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.