[HISTORY: Adopted by the Board of Commissioners of the Township
of Pocono 11-18-2019 by Ord. No. 2019-09. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Pocono
Township Soil Erosion, Sedimentation, and Grading Control Ordinance,"
implementing Act 167, the Storm Water Management Act,[1] and under the authority of the First Class Township Code[2] and the Municipalities Planning Code, Articles V and VI.[3]
A.
Findings. In Pocono Township excessive quantities of soil are eroding
from areas undergoing development for nonagricultural uses, such as
housing developments, industrial sites, roads, and recreation areas.
The washing, blowing and deposition of eroded soil across and upon
roadways decreases visibility and reduces the traction of automobiles.
This soil erosion necessitates the costly repair of gullies, washed
out fills, roads, and embankments and causes the undermining of trees.
The resulting sediment clogs storm sewers and muddies, pollutes, and
silts streams, rivers, ponds, and lakes. The sediment is expensive
to remove and limits the use of water for most beneficial purposes;
promotes the growth of undesirable aquatic weeds; and destroys fish
and other desirable aquatic life. The sediment reduces the channel
capacity of drainage ditches, streams, and rivers and thus increases
the likelihood of flooding and associated damages. It negatively impacts
the quality of wetlands. All of these effects of soil erosion threaten
the public health, safety, and welfare of the citizens of Pocono Township,
as well as the general ecology of the Township.
B.
Purposes. The purpose of this chapter is to regulate the modification
of the natural terrain and the alteration of drainage, and to provide
for certain erosion and sediment control measures within Pocono 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 subdivision
and/or land development approved under the Township's Subdivision
and Land Development Ordinance and Zoning Ordinance,[1] or any activity requiring a permit under § 220-5 herein, shall be in conformity with this chapter. In the event of a conflict between this chapter and any other statute or regulation, the strictest statute or regulation shall take precedence. No nonexempt grading not complying with this chapter shall be performed.
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 § 220-2B 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:
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.
The solid, undisturbed rock in place either at the ground
surface or beneath surface soil deposits.
Procedures and measures pertaining to earth disturbances/construction
activities that are intended to minimize water pollution; increase
water quality; retain valuable topsoil; prevent erosion and sedimentation;
and control rate of runoff from storm events.
An open pit from which soil is excavated as a single incident
for use at a single construction site.
The removal of soil or rock from its natural or predevelopment
location.
Any subdivision or land development or any alteration of
land not for agricultural or conservation (as defined by the Monroe
County Conservation District) purposes that includes earthmoving,
cutting, filling or stripping, including but not limited to road construction,
utility installation (public or private), residential, commercial
or industrial facility construction, mining and quarrying and water
resource management.
Any activity by which soil or bedrock is cut into, quarried,
displaced, relocated, or used as fill, but not including garden raking,
hoeing, or routine plowing.
A plan prepared by a Pennsylvania licensed engineer, surveyor
or registered landscape architect indicating the specific measures
and sequencing to be used in controlling sediment and erosion on a
development site both during and after construction.
The vertical elevation of the ground surface prior to earthmoving.
A deposit of soil or other materials placed by people.
The final vertical elevation of the ground after development.
The slope of a road, channel, or natural ground.
The finished surface of a roadbed, top of embankment, or bottom
of excavation; any surface prepared for the support of construction,
like paving or laying a conduit.
To finish the surface of a roadbed, top of embankment, or bottom
of excavation.
The permit required to be issued prior to the disturbance
of the topography and vegetation of land in connection with the conduct
of activities regulated by this chapter.
The ground surface in its original state before any earthmoving
or stripping of vegetation.
The continuing or recurring removal of material from below
the ground surface by open excavation.
All contiguous land under single and separate ownership.
Ground cover establishing a 90% vegetated cover to control
soil erosion satisfactorily and to survive severe weather conditions.
A grading permit.
Any person to whom a grading permit is issued or to whom
a site plan approval is granted.
Any individual, corporation, partnership, joint venture,
unincorporated association, municipal corporation or agency within
the Commonwealth of Pennsylvania or any combination thereof.
That portion of irrigation water, rainfall, snowmelt, or
other precipitation upon a drainage area or watershed that is discharged
from the area in watercourses, sheet flows, absorption, etc. Types
of runoff include surface runoff, groundwater runoff, and seepage.
Solid material, both mineral and organic, that is in suspension
in, is being transported by, or has been moved from its site of origin
by air, water, gravity, or ice and has come to rest on the earth's
surface either above or below sea level.
The process by which sediment is deposited.
Any lot, parcel, or combination of contiguous lots or parcels
of land under single and separate ownership where earthmoving, filling
or stripping is, was, or will be performed.
Degree of deviation of a surface from the horizontal, usually
expressed in percent or degrees.
All earth material of whatever origin that overlies bedrock.
A condition of the soil, referring to the frequency and duration
of periods when the soil is free of saturation.
Any activity which removes the vegetative surface cover,
including tree removal; and the clearing and storage or removal of
topsoil.
A temporary structural span installed across a flowing watercourse
for use by construction traffic. Such structures include, but are
not limited to, bridges, round pipes and pipe arches and must meet
all local, county, state, and federal requirements.
The physical features of a site, place or region.
The top six to 10 inches of soil or the depth to which the
soil is plowed or cultivated. Topsoil quality may be determined by
soil testing, and soil composition shall be within the following ranges:
sand - 40% to 60%, silt - 25% to 60%, and clay - 5% to 20%.
The Township of Pocono.
The person designated by the Township to administer and enforce
this chapter.
The plants located on a site or in an area or region.
Any natural or artificial river, stream, swale, channel,
gully, ravine, drain or culvert in which waters flow continuously
or intermittently after a rain event, having a defined bed and banks.
A.
The following activities or conditions require a grading permit:
(1)
Modifying, disturbing, blocking, diverting or otherwise adversely
affecting the natural overland or subsurface flow of water.
(2)
Construction, erection, or installation of any drainage dam, ditch,
culvert, drainpipe, bridge or any other structure or obstruction affecting
the drainage of any parcel.
(3)
Paving, cutting, filling, stripping, excavating, grading or regrading of any parcel unless specifically exempted by Subsection B below.
(4)
Disturbing the natural ground surface, soil, or vegetation upon any
parcel in excess of the following limits:
(a)
As determined by the owner, disturbance in excess of each of
the following three areas on each site: 0% to 3% sloped areas, 3%
to 8% sloped areas, and areas of 8% slope or greater.
|
A
|
B
|
C
|
D
| |
|---|---|---|---|---|
|
Area of parcel
(slopes)
|
Maximum exempt disturbance
(s.f.)
|
Proposed area of disturbance
(s.f.)
|
Is Column "C" more than Column "B"?
| |
|
0% to 3%
|
5,000
|
If the answer for any block of Column "D" is "Yes", then a grading
permit is required.1
| ||
|
3% to 8%
|
2,500
| |||
|
8% or more
|
1,000
|
|
NOTES:
| |
|---|---|
|
1
|
The implementation and maintenance of E&S BMPs are required
to minimize the potential for accelerated erosion and sedimentation,
including those activities which disturb less than 5,000 square feet,
regardless of the need for a grading permit from the Township.
|
(5)
Any existing, man-made condition, as identified by the Township Code
Official, which allows or causes uncontrolled/or unmanaged stormwater
runoff, creating erosion and deposit of sediment onto adjacent properties,
or into downstream stormwater conveyance facilities, watercourses,
or bodies of water.
B.
Notwithstanding Subsection A, the following activities require no grading permit [See Note 1 to the table in Subsection A(4)(a).]; however, the applicant should inquire with the Monroe County Conservation District as to whether they require a permit:
(1)
Minor improvements, such as the erection of fencing, driveway paving,
and minor regrading.
(2)
Gardening for home consumption or personal use on any parcel, or
lawn restoration up to one acre on any parcel.
(3)
Agricultural operations operated in accordance with a conservation
plan or erosion and sedimentation control plan found adequate and
approved in writing by the Monroe County Conservation District.
(4)
Forest management operations that 1) follow guidelines established
by the Department of Environmental Protection in "Soil Erosion and
Sedimentation Control Guidelines for Forestry"; 2) are operating under
an erosion and sedimentation control plan approved by the Monroe County
Conservation District; and 3) comply with the Township Zoning Ordinance
and Subdivision and Land Development Ordinance.[1]
(5)
Earthmoving or stripping activities incident to construction of individual
wells or sewage disposal systems and less than 1,000 square feet in
extent.
(6)
Any emergency activity immediately necessary for the protection of
life, property, or natural resources.
C.
Application for grading permit.
(1)
Any person proposing to engage in an activity requiring a grading
permit shall apply by submitting a prepared grading permit application.
See Appendix A for form.[2]
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2)
The grading permit application shall be accompanied by a fee established
in the Township's schedule of fees.
(3)
All applications must be accompanied by an erosion and sedimentation control plan as described in § 220-6 below.
(4)
All applications filed regarding any grading activities on any commercial, industrial, and/or institutional lot; on any residential lot where earthmoving activities in excess of 1,000 square feet are proposed; or where, in the opinion of the Township Code Official, the lot features, such as slope, soils, or other natural resources, require special consideration of the earthmoving activities, shall be accompanied by a grading plan as provided in § 220-7 below.
(5)
A separate application shall be required for each grading project.
D.
Issuance of permits. Upon the approval of all of the required plans
and/or applications by the appropriate Township official/employee,
and receipt of permits and approvals from the PA DEP and or the Monroe
County Conservation District, the Township Code Official shall issue
the necessary grading permit(s). No grading permit shall be issued
until all the plans and applications, permits and approvals from the
PA DEP and/or the Monroe County Conservation District required to
be submitted by this chapter for all the proposed grading activities
have been reviewed and approved by the appropriate Township official/employee
as set forth in this chapter.
E.
Standards for issuance of grading permit.
(1)
Notwithstanding any provision of this chapter or any condition of
the grading permit, the permittee is responsible for the prevention
of damage to other people or property that may be affected by the
earthmoving or stripping activity.
(2)
No permittee 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. Any earthmoving
activity conducted adjacent to a property or street line shall support
and protect the adjoining property from settling, cracking, erosion,
sediment, flooding, or any other physical damage or personal injury
that might result.
(3)
No permittee shall deposit, place, throw, or cause to be deposited,
placed or thrown any debris or other material in any drainage structure
or watercourse so as to obstruct the free flow of water without the
appropriate permits from the PA DEP.
(4)
No person, firm, or corporation shall fail to adequately maintain,
in good operating 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.
(5)
The owner of any property upon which any work has been done pursuant
to a grading permit granted under this chapter shall continuously
maintain and repair all graded surfaces, anti-erosion devices, retaining
walls, drainage structures, and other protective devices, plantings
and ground cover installed or completed.
(6)
All graded surfaces shall be permanently seeded, sodded, planted,
and/or otherwise protected from erosion immediately upon completion
of the earthmoving activities upon that surface, weather permitting,
and shall be tended and/or 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 Pennsylvania Department of Environmental Protection
"Erosion and Sediment Pollution Control Program Manual," and "Pennsylvania
Stormwater Best Management Practices Manual," each as amended. All
disturbance should be immediately stabilized (temporarily or permanently)
if those areas are not be disturbed for four days.
(7)
All trees in an area of extreme grade change, as determined by the
Township, 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 the Township's Zoning
Ordinance and Subdivision and Land Development Ordinance.[3]
(8)
The permittee shall provide adequate provisions for dust control
measures. Any such measures must be deemed acceptable by the Township
Engineer.
(9)
All plans and specifications submitted for a grading permit shall
include adequate provisions for both interim (temporary) and ultimate
(permanent) erosion and sediment control. The design, installation
and maintenance of erosion and sediment control measures shall be
accomplished in accordance with standards and specifications established
by 25 Pa. Code Chapter 102 and the PA E&S BMP Manual, as revised.
(10)
In connection with site grading for roads, driveways, building
areas or other site improvements, the lateral extent of cut or fill
areas shall not be a) more than 30 feet beyond the top of slope in
fills or the toe of slope in cuts or b) extend closer than 50 feet
to the bank of any watercourse, lake, pond, or wetland, or as permitted
within any riparian buffer, as defined in the Township's Stormwater
Management Ordinance,[4] or the 25 Pa. Code Chapter 102 regulations.
(11)
Wherever fill material is to be used, the person, firm, or corporation
using such fill shall be responsible for testing to determine its
dry density as per ASTM D1556. The density of each layer shall be
not less than 95% of maximum density as determined by ASTM D1557.
(12)
Any person placing clean fill that has been affected by a spill
or release of a regulated substance must use the Department of Environmental
Protection's Form FP-011 (Certification of Clean Fill) that can
be found at http://www.depgreenport.state.pa.us/elibrary/GetFolder
FolderID=3410 to certify the origin of the fill material and the results
of the analytical testing to qualify the materials as clean fill.
(13)
If load-bearing fill is proposed to show that stable soil condition
and groundwater flow can be maintained, a soils investigation report
shall be submitted, which shall consist of test borings, laboratory
testing and engineering analysis to correlate surface and subsurface
conditions with the proposed grading plan. The report shall include
data regarding the nature, distribution and supporting ability of
existing soils and rocks on the site, conclusions and recommendations
to ensure stable soil conditions and groundwater control, as applicable.
The Township may require such supplemental reports and data as is
deemed necessary by the Township Engineer.
F.
All permits shall require the permittee to:
(1)
Notify the Township Code Official at least 48 hours prior to commencing
any earthmoving or stripping activity;
(2)
Notify the Township Code Official of completion of any control measures
within three days after their installation;
(3)
Obtain approval from the Township in accordance with § 220-14 of this chapter prior to modifying the erosion and sedimentation control plan;
(4)
Install all control measures as identified in the approved erosion
and sedimentation control plan prior to starting any earthmoving activities;
(5)
Maintain all road drainage systems, stormwater drainage systems,
control measures and other facilities identified in the erosion and
sedimentation control plan;
(6)
Repair any siltation or erosion damage to adjoining properties, surfaces,
and drainageways resulting from earthmoving or stripping;
(7)
Inspect the erosion and sedimentation control measures immediately
after each rain of 0.5 inch or more and at least once each week and
make needed repairs;
(8)
Allow the Township Code Official or Engineer to enter the site for
the purpose of inspecting compliance with the erosion and sedimentation
control plan or for performing any work necessary to bring the site
into compliance with the erosion and sedimentation control plan;
(9)
Keep a copy of the erosion and sedimentation control plan on the
site;
(10)
If any problem(s) occurs, provide, until the problem is corrected,
additional stabilizing measures to slopes that, in the judgment of
the Township Engineer, are found to be eroding excessively within
one year of construction. Once such slopes are stabilized by the additional
measures, the permittee is responsible for providing further additional
stabilizing measures if the slopes continue to erode.
An erosion and sedimentation control plan shall be submitted
with all grading permit applications. The erosion and sedimentation
control plan shall contain plans which show that the erosion and sediment
resulting from the earthmoving and stripping activities will be controlled.
Any proposed erosion and sedimentation control measures to be used
during construction shall strictly conform to the standards and specifications
of 25 Pa. Code Chapter 102 and the PA E&S BMP Manual and Township
Ordinances.
A.
An erosion and sedimentation control plan shall include the following:
(1)
The extent of site alteration proposed and all proposed erosion and
sedimentation control measures.
(2)
A construction schedule indicating the anticipated starting and completion
dates of the development sequence; the expected date of completion
of construction of each protective measure provided for in the erosion
and sediment control plan and the stormwater management plan; the
sequence of earthmoving activities; and the time of exposure of each
area prior to completion of such measures.
(3)
Provisions for maintenance of control facilities, including operation
and maintenance agreements, easements, and estimates of the cost of
maintenance.
(4)
Seeding mixtures and rates, types of sod, method of seedbed preparation,
expected seeding dates, type and rate of lime and fertilize application,
and kind and quantity of mulching for both temporary and permanent
vegetative control measures.
B.
Any erosion and sedimentation control plan shall incorporate the
following erosion and sediment control practices and principles:
(1)
Development shall reflect the topography and soils of the site so
as to create the least potential for erosion. The smallest practical
area of land shall be exposed for the shortest practical time during
development.
(2)
Stripping of vegetation, regrading, or other earthmoving activities
shall be completed in a way that will minimize erosion and resulting
sedimentation. Wherever feasible, natural vegetation shall be retained,
protected, and supplemented.
(3)
Cut and fill operations shall be kept to a minimum. In the design
of cut and fill slopes, consideration must be given to the length
and steepness of the slope, the soil type, upslope drainage area,
groundwater conditions and other applicable factors. Areas of steep
slopes where high cuts and fills may be required shall be avoided
wherever possible. Where unavoidable, cuts and fills on steep slopes
must be immediately seeded, and natural contours must be followed
as closely as possible.
(4)
The disturbed earthen area and the duration of exposure shall be
kept to a practical minimum. All disturbed soils and topsoil stockpile
areas shall be stabilized as quickly as possible and, if necessary,
seeded and mulched immediately. Any stockpile areas located on sloping
ground or near waters of the commonwealth shall be enclosed with silt
fencing.
(5)
Procedures for protecting soils or geologic structures with water
supply potential from contamination by surface water or other disruption
by earthmoving activity must be established to the satisfaction of
the Township.
(6)
The sale of topsoil and/or removal of topsoil from a project is prohibited
unless the applicant demonstrates sufficient suitable topsoil will
remain to cover all disturbed areas to a depth of six inches at the
conclusion of the project. All plans required under this chapter shall
specify a designated area to receive topsoil for temporary storage
which is removed from a project area and which will be returned to
site and used to final grade the project area.
(7)
Sediment basins, debris basins, desilting basins, silt traps or filters
shall be installed and maintained to remove sediment from runoff waters
from land undergoing development. All runoff from the site shall be
collected and diverted to these facilities for the removal of sediment.
Sedimentation in the runoff water shall be trapped and filtered by
these facilities until the disturbed area is stabilized to the satisfaction
of the Township.
(8)
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, storm sewer
system, or open space area. No sump pump or basement drain discharge
shall be permitted to a grassed lawn area of residential or nonresidential
buildings, where such discharge would cause erosion or runoff issues
on adjacent properties.
(9)
Provisions shall be made to minimize any runoff caused by changed
soil and surface conditions during and after development. All drainage
facilities shall be designed to carry surface water in such a manner
as to prevent erosion or overflow. Drainage facilities shall be designed
and constructed to withstand the expected velocity of flow from a
ten-year frequency storm without erosion. Stabilization adequate to
prevent erosion must also be provided at the outlets of all pipes
and paved channels.
(10)
Natural vegetation shall be retained, protected, and supplemented
wherever possible. Permanent vegetation shall be established on denuded
areas not otherwise permanently stabilized. All disturbance should
be immediately stabilized (temporarily or permanently) if the area
is not to be disturbed for four days. Permanent vegetation and related
structures shall be installed as soon as practical. Permanent vegetation
shall not be considered established until a ground cover is achieved
that is mature enough to control the soil erosion satisfactorily and
to survive severe weather conditions to the Township Engineer's
satisfaction.
(11)
Permanent or temporary soil stabilization must be applied to
stripped areas within one day after final grade is reached on any
portion of the site. All disturbance should be immediately stabilized
(temporarily or permanently) if the area is not to be disturbed for
four days.
(12)
Properties adjacent to the site of a land-disturbing activity
shall be protected from sediment disposition by preserving a well-vegetated
buffer strip around the lower perimeter of the land-disturbing activity;
by installing perimeter controls such as sediment barriers, filters,
dikes, interceptor drains or sediment basins; or by a combination
of such measures.
(a)
Vegetated buffer strips may not be used except where runoff
in a sheet flow condition is expected.
(b)
Buffer strips shall be at least 20 feet in width and shall contain
pre-existing, permanent vegetation, excluding trees and shrubs, that
covers 95% of the ground within the buffer strip.
(c)
If, at any time, the Township Engineer finds that a vegetated
buffer strip alone is ineffective in preventing sediment movement
onto adjacent property, additional perimeter controls must be provided
by the permittee, or then owner of the property, within a time period
specified by the Township Engineer.
(13)
In the design of erosion control facilities and practices, aesthetics
and the requirements of continuing maintenance shall be considered.
C.
The selection of erosion and sedimentation control measures shall
be based on assessment of the probable frequency of climatic and other
events likely to contribute to erosion, on an evaluation of the risks,
costs and benefits involved and in accordance with best management
practices.
All applications filed for permits involving earthmoving and/or
stripping activities on any commercial, industrial, and/or institutional
lot; or on any residential lot where earthmoving and/or stripping
activities in excess of 1,000 square feet are proposed; or where,
determined by of the Township Code Official, the lot features, such
as slope, soils, or other natural resources, require special consideration
of the on-lot earthmoving and/or stripping activities shall be accompanied
by a grading plan providing the following information:
A.
A site plan (plot plan) drawn at a suitable scale of not less than
one inch equals 50 feet and contour intervals of no more than one
foot prepared by a registered professional land surveyor, engineer,
or registered landscape architect licensed in the Commonwealth of
Pennsylvania showing all of the following:
(1)
A valid boundary line survey of the site, including lot lines, monuments/pins/markers,
and setback lines; existing and proposed contours; existing vegetation;
soil types and conditions; watercourses; affected watersheds; wetlands
and other natural features.
(2)
Erosion and sedimentation control measures, high points, drainage
arrows, drainage swales, and the limits of disturbance.
(3)
Existing and proposed stormwater BMPs and features surrounding the
site that are of importance to the proposed development.
(4)
First floor and garage elevations.
(5)
Existing and proposed building/structure locations, 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.
(6)
Elevations at lot corners, and exterior grade at each corner of each
building.
(7)
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.
(8)
North arrow.
(9)
Street trees and existing trees to be removed.
(10)
Driveway openings and slopes, driveway turnarounds and parking
areas, depressed curb length, and driveway configurations from garage
or parking area to street.
(11)
Sidewalk and bikeway locations.
(12)
Easements, covenants, equitable servitudes, and deed restrictions.
C.
A statement, signed and sealed by a registered professional land
surveyor or engineer, or registered landscape architect, licensed
in the Commonwealth of Pennsylvania, indicating that, to the best
of his/her knowledge and belief, the proposed grading activities shall
not significantly increase stormwater runoff to, and/or otherwise
adversely impact, downstream properties except as may be part of an
approved stormwater runoff collection and management plan.
All earthmoving and/or stripping activities and/or building
construction wherein stripping, excavation, placement of fill, and/or
grading activities are performed shall conform to the following general
requirements:
A.
All erosion and sedimentation control measures shall be installed
per the approved plan prior to any earthmoving and/or stripping activities.
(1)
Earthen structures such as dams, dikes and diversions must be seeded
and mulched immediately after installation.
(2)
All stormwater management basins shall be constructed, functional,
and stabilized prior to any additional site activity. Construction
of infiltration BMPs should be placed towards the end of construction
to prevent the potential for sedimentation and clogging of the infiltration
surface.
(3)
An as-built plan of the facility prepared by a registered professional
land surveyor, engineer, or registered landscape architect, licensed
in the Commonwealth of Pennsylvania, shall be submitted to the Township
for review to verify adequate stage/storage capacity prior to commencement
of other site activity.
(4)
All temporary and permanent erosion and sedimentation control measures
must be maintained and repaired as needed to assure continued performance
of their intended functions.
(5)
Each and every person, corporation, or other entity performing grading
and/or building activities shall be responsible for installing and
maintaining erosion and sedimentation control measures until the site
is stabilized to the satisfaction of the Township.
B.
Slopes greater than 3:1 are allowed but require stabilization with
vegetated E&S matting, appropriately sized stone, or other approved
stabilization method. Design calculations prepared by a registered
professional land surveyor, engineer, or registered landscape architect
demonstrating the stability of the stabilization method should be
provided along with all applicable details.
C.
Edges of newly created 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 lots, tracts, or parcels shall be graded to provide positive
drainage away from buildings and dispose of it without ponding, except
where ponding (detention basins, swales, etc.) is part of the stormwater
management plan for the site.
E.
In no case shall grading be completed in such a manner as to divert
water onto the property of another landowner unless part of a stormwater
management plan.
F.
No person, corporation, or other entity shall block, impede the flow
of, alter, construct any structure, deposit any material or thing,
or perform any work that will affect the normal or flood flow in any
watercourse without having obtained prior approval from the Township,
FEMA and/or Department of Environmental Protection, whichever is applicable.
G.
Each person, corporation, or other entity that makes any surface
changes to the site shall be required to:
(1)
Collect on-site surface runoff and control it to a point of discharge
into the natural drainage area watercourse, stormwater easement, or
storm sewer system.
(2)
Control existing off-site runoff draining through the property by
designing it to discharge to the watercourse of the drainage area,
stormwater easement, or storm sewer system.
(3)
Ensure that all on-site and off-site runoff which is substantially
altered is collected and diverted to sediment basins, debris basins,
desilting basins, silt traps, filters, silt sock, or silt fence, as
appropriate for the removal of sediment, until all disturbed areas
are stabilized to the satisfaction of the Township.
H.
Adequate provision shall be made to prevent surface water from damaging
the cut face of excavation and the sloping surfaces of fills.
I.
Concentration of surface water runoff shall be permitted only in
watercourses or detention basins. All drainage facilities shall be
constructed to carry surface water in such a manner as to prevent
erosion or overflow. All storm sewer inlets that are made operable
during construction shall be protected so that sediment-laden water
will not enter the conveyance system without first being filtered
or otherwise treated to remove sediment.
J.
Construction vehicles are to be kept out of watercourses, wetlands,
and other bodies of water. Where in-channel work is necessary, permits
from regulatory agencies must be secured and provided to the Township
prior to the Township issuing a grading permit. Precautions must be
taken to stabilize the work area during construction to minimize erosion.
The channel, including bed and banks, must be restabilized immediately
after in-channel work is completed.
K.
Where a watercourse or wetlands must be crossed by construction vehicles
during construction, a temporary stream crossing shall be provided.
L.
Sediment barriers shall be properly installed with silt fencing trenched
and hay bales staked.
M.
During all earthmoving and/or stripping operations, necessary measures
for dust control shall be exercised.
N.
Wherever construction vehicle access routes intersect paved public
streets, provisions shall be made to minimize the transport of sediment
(mud) onto the paved surfaces by runoff or vehicle tracking, including,
but not limited to, the installation of tire cleaning areas at each
point of access to the site. These tire cleaning areas shall be constructed
of AASHTO #1 stone, and each shall be at least 50 feet in length.
Where sediment is transported onto a public street, the responsible
person shall clean the street immediately. Sediment shall be removed
from roads by shoveling or sweeping and then transported to a sediment
control area.
O.
With the exception of necessary steps required for initial site access
to commence work, no grading equipment shall be permitted to be loaded,
unloaded, or stored on a public street. No grading equipment shall
be permitted to travel on or across a public street unless licensed
for operation on public thoroughfares.
P.
Underground utility lines.
(1)
The construction of underground utility lines involving installation,
maintenance or repair that disturbs more than 1,000 square feet shall
be subject to the following criteria:
(a)
No more than 500 continuous feet of trench is to be opened at
one time.
(b)
Where consistent with safety and space considerations, excavated
material is to be placed on the uphill side of trenches.
(c)
Trench dewatering devices shall discharge in a manner that will
not adversely affect flowing streams, drainage systems or off-site
property.
(2)
Individual service connections, telephone and electric lines and
underground public utility lines under existing hard-surfaced roads,
streets or sidewalks are exempt from the above requirements, provided
that such land-disturbing activity is confined to the area which is
hard-surfaced.
Q.
All temporary erosion and sediment control measures shall be disposed
of within 30 days after final site stabilization is achieved, unless
otherwise authorized by the Township Engineer. Trapped sediment and
other disturbed soil areas resulting from the disposition of temporary
measures shall be permanently stabilized to prevent further erosion
and sedimentation.
R.
Before granting occupancy permits for buildings, building lots shall
be finish graded so that drainage will not be concentrated onto adjacent
lots. Building lots must also be seeded or mulched, unless it is not
possible to establish lawns due to the season of the year. If so,
or if exposed areas will result in accelerated erosion because of
the lack of ground cover, the Township may require additional E&S
BMPs to control runoff, in addition to a vegetation escrow to secure
establishment of ground cover.
S.
First floor certifications. Construction of any structure requiring
a grading plan under this chapter shall not continue past the foundation
stage until the owner/builder has submitted certification that the
first floor and garage floor elevations of the proposed structure
conforms to the plans submitted with the grading permit application.
The certification shall be submitted to the Township Code Official
on a form approved by the Township and shall be signed and sealed
by the responsible registered professional land surveyor, engineer,
or registered landscape architect licensed in the Commonwealth of
Pennsylvania. See Appendix B.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
A.
All plans prepared in conjunction with a grading permit application
shall conform to the approved subdivision and/or land development
plan for the site.
B.
The plans prepared in conjunction with an application for a grading
permit for a parcel greater than 100,000 square feet in area, and
all commercial, institutional, and industrial applications, shall
be referred to the Township Engineer for review. For all other applications,
the plans shall be reviewed by the Township Code Official and/or Township
Engineer.
C.
If after reviewing an application the Township Code Official should
find the proposed grading activities do not conform to previously
approved subdivision and/or land development plans, the revised application
and plans shall be referred to the Township Engineer for review.
A.
The Township Engineer or Code Official shall make inspections as
hereinafter required and shall either approve that portion of the
work completed or shall notify the permittee in what manner or manners,
if any, the work fails to comply with the grading plan or the erosion
and sedimentation control plan, as approved. All plans, reports, and
schedules required by and approved under this chapter shall be maintained
at the site during progress of the work.
B.
The permittee shall make regular inspections of all erosion and sedimentation
control measures in accordance with the inspection schedule outlined
on the approved erosion and sedimentation control plan. The purpose
of such inspection will be to 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.
(1)
All inspections shall be documented in written form and submitted
to the Township Engineer at the time interval specified in the erosion
and sedimentation control plan.
C.
All applications which are required to prepare a grading plan in accordance with § 220-7 shall prepare a complete set of as-built plans prepared by a licensed surveyor or engineer and submitted to the Township for review and approval prior to issuance of any use or occupancy permits. In the event that site grading does not conform to the approved site plans, no use and occupancy permits for the structure constructed pursuant to the building permit shall be permitted until the final grading is approved by the Township.
D.
A final inspection shall be conducted by the Township Engineer to
certify compliance with this chapter. Satisfactory compliance with
this chapter shall be necessary before issuance of a use and occupancy
permit.
E.
The permittee shall bear all costs of inspections required or permitted
hereunder and shall deposit with the Township such sum as the Board
of Commissioners shall determine, to guarantee payment of the costs
of such inspections. The costs of inspections shall be in accordance
with the established schedule of fees and collection procedure for
matters pertaining to this chapter.
The permittee 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 permit in accordance with this chapter
or other applicable laws;
B.
Compliance with the provisions of a permit 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 a
permit; or
E.
Exceptions from the requirements of this chapter.
Before the issuance of a grading permit for a project that exceeds
one acre in area of disturbance, the applicant shall deposit with
the Township financial security in an amount sufficient to cover the
cost of all erosion and sedimentation control measures and other conditions
specified in the permit within the time specified by this chapter,
or within any extension thereof granted by the Township Engineer.
The amount of such financial security shall be equal to 110% of the
cost of the work for which the security has been provided. The form
of financial security, the method of cost calculation and the release
of the posted security shall be in conformity with those provisions
set forth in the Township Subdivision and Land Development Ordinance[1] with respect to public improvement financial security.
Grading permits issued hereunder for areas disturbing less than
one acre shall expire at the end of six months from the date of issuance.
Grading permits for areas of disturbance in excess of one acre shall
expire at the notice of termination for the NPDES permit. The permittee
shall fully perform and complete all of the work required to be done
within the time limit specified in the permit. If the permittee shall
be unable to complete the work within the specified time, he shall,
within 30 days prior to expiration of the permit, present in writing
to the Township a request for an extension of time, setting forth
therein the reasons for the requested extension. If, in the discretion
of the Township Engineer, such an extension is warranted, the Engineer
may grant additional time for the completion of the work. Where the
Township Engineer determines that the extension of time will require
a substantial modification of the erosion and sedimentation control
plan and/or grading plan, any extension of a permit shall be subject
to approval of such revised plans in accordance with the applicable
procedure of this chapter.
A.
Amendments to the erosion and sedimentation control plan or grading
plan shall be submitted to the Township 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 Township
Engineer and/or Code Official by written authorization to the permittee.
B.
If at any stage of the earthmoving and/or stripping activities, the
Township determines by inspection that the nature of the site is such
that further work authorized by an existing grading permit is likely
to imperil any property, public way, watercourse or drainage structure,
the Township Engineer may require, as a condition of allowing the
work to continue, reasonable special precautions be taken to avoid
the likelihood of such peril. Special precautions may include, but
shall not be limited to, a more level exposed slope; construction
of additional drainage facilities; berms; terracing; compaction; cribbing;
installation of plant materials for erosion control; and/or recommendations
of a registered soils engineer and/or engineering geologist regarding
requirements for further work.
C.
Where it appears that storm damage may result from incomplete grading
of any site, work may be stopped and the permittee required to install
temporary structures or take such other measures as may be necessary
to protect adjoining property or public safety. On a site of at least
one acre or where unusual site conditions prevail, and on all stream
crossing projects, the Township Engineer may specify the time of start
of grading and time of completion or may require that the operations
be conducted in specific stages to ensure completion of protective
measures prior to the advent of seasonal rains.
A.
Penalties. Any person, firm or corporation who shall violate any
provision of this chapter shall be issued an enforcement notice and
fined $50 for the first offense, and $150 for each offense thereafter.
If said fine is not paid and the project is not brought in compliance
within 10 days after the issuance of the enforcement notice, then,
upon commencement of an action before a Magisterial District Judge
in the same manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure, and conviction
thereof, the person, firm or corporation violating any provision of
this chapter shall be sentenced to pay a fine of not more than $1,000,
nor less than $500 per violation, plus all court costs, including
reasonable attorneys' fees incurred as a result of the prosecution,
and in default of payment, be imprisoned to the extent allowed by
law for the punishment of summary offenses. Each day that a violation
of this chapter continues shall constitute a separate offense.
B.
Remedy of violation. In addition to the penalties as set forth in Subsection A 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 Township Solicitor may seek injunctive relief in accordance with the rules of civil procedure.
C.
Revocation or suspension of permit. Any permit issued under this
chapter, including those issued through approval of subdivision and
land development plans, may be revoked or suspended by the Board of
Commissioners, after notice to the permittee for:
(1)
Failure to carry out the erosion and sedimentation control measures
described in the application and/or accompanying plans at the times
specified in the erosion and sedimentation control plan's construction
schedule or within any extension that may be granted by the Township.
(2)
Violation of any other condition of the grading permit.
(3)
Failure to carry out the erosion and sedimentation control measures
described in the application and/or accompanying plans in a reasonable
and workmanlike manner.
(4)
Violation of any provision of this chapter or any other applicable
law, ordinance, rule, or regulation relating to the earthmoving and/or
stripping activities.
(5)
The existence of any condition or the doing of any acts constituting
or creating a nuisance, 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.
D.
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 permittee. Such notice
shall set forth the nature of corrections required and the time within
which corrections shall be made.
(1)
Upon failure to comply within the time specified, the permittee shall
be considered in violation of this chapter and shall be subject to
the following penalties and sanctions:
(a)
The Township, upon recommendation of the Township Engineer,
may revoke or suspend the subdivision and land development approval
pursuant to which the work is being done, thereby prohibiting the
conveyance of any lot in the subdivision.
(b)
The revocation of any building permit issued to the offending
permittee that has been issued pursuant to the grading permit and
accompanying plans.
(c)
A prohibition on the issuance of any further building permits
for any lots.
(2)
The above-referenced sanctions shall be specified in the notice to
comply provided above. Any and all remedies are cumulative, and the
exercise of one shall not prohibit the exercise of any other remedies
contained in either this subsection, this chapter, or other applicable
ordinances.
(3)
In the case of any paving, filling, stripping, grading or regrading;
any disturbing, modifying, blocking or diverting the natural overland
subsurface flow of stormwater; or any construction, erection and installation
of any dam, ditch, culvert, drainpipe, bridge or any other structure
or obstruction affecting the drainage of any parcel in violation of
this chapter or any regulations made pursuant thereto, the proper
Township authorities, in addition to other remedies provided by law,
may institute any appropriate action or proceedings to prevent such
unlawful activity; to restrain, correct or abate such violation; to
prevent the use of the applicable premises; or to prevent any illegal
act, conduct, business or use in or about such premises. In addition,
upon the failure of any permittee to complete the control measures
specified in the application, the Township may, after revoking such
permit, proceed to complete such measures itself and recover the cost
thereof from the permittee or its surety.
If compliance with this chapter imposes severe hardship upon
the applicant (i.e., the applicant cannot develop the property as
zoned), he may apply to the Township for relief, which, if granted,
shall be the minimum necessary to permit reasonable use of the site.
Endeavoring to obtain approval for as many units as possible shall
not be considered a determining factor in the Township's evaluation
of whether there is a severe hardship. The Board of Commissioners
may, in accordance with the following procedures, authorize exceptions
to any of the requirements and regulations set forth in this chapter:
A.
Application for any exception shall be made by a verified petition
of the applicant, stating fully the grounds of the petition and the
facts relied upon by the applicant. Such petition shall be filed with
the grading permit application. In order for the petition to be granted,
it shall be necessary that the Board of Commissioners find all the
following facts with respect to the land referred to in the petition:
(1)
That the site is of such shape or size or is affected by such physical
conditions or is subject to such title limitations of record that
is impossible or impractical for the applicant to comply with all
the requirements of this chapter;
(2)
That the exception is necessary to prevent unreasonable and unnecessary
hardship;
(3)
That such unnecessary hardship was not created by applicant;
(4)
That the granting of the exception will not be detrimental to the
public welfare or injurious to other property in the vicinity of the
subject property; and
(5)
That the exception, if granted, will represent the minimum exception
necessary to afford relief to the applicant.
