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, and under the authority of the First Class Township Code and the Municipalities Planning Code, Articles V and VI.
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, 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:
ALLUVIAL SOILS
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.
BEDROCK
The solid, undisturbed rock in place either at the ground
surface or beneath surface soil deposits.
BEST MANAGEMENT PRACTICES
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.
BORROW PIT
An open pit from which soil is excavated as a single incident
for use at a single construction site.
CUT
The removal of soil or rock from its natural or predevelopment
location.
DEVELOPMENT
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.
EARTHMOVING
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.
EROSION
A.
The wearing away of the soil, bedrock, and/or land surface by
running water, wind, ice, or chemical or other geological agents.
B.
Detachment and movement of soil or rock fragments by water,
wind, ice, or gravity.
EROSION AND SEDIMENT CONTROL PLAN
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.
EXISTING GRADE
The vertical elevation of the ground surface prior to earthmoving.
FILL
A deposit of soil or other materials placed by people.
FINISHED GRADE
The final vertical elevation of the ground after development.
GRADE
A.
The slope of a road, channel, or natural ground.
B.
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.
C.
To finish the surface of a roadbed, top of embankment, or bottom
of excavation.
GRADING PERMIT
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.
NATURAL GROUND SURFACE
The ground surface in its original state before any earthmoving
or stripping of vegetation.
OPEN PIT MINING
The continuing or recurring removal of material from below
the ground surface by open excavation.
PARCEL
All contiguous land under single and separate ownership.
PERMANENT VEGETATION
Ground cover establishing a 90% vegetated cover to control
soil erosion satisfactorily and to survive severe weather conditions.
PERMITTEE
Any person to whom a grading permit is issued or to whom
a site plan approval is granted.
PERSON
Any individual, corporation, partnership, joint venture,
unincorporated association, municipal corporation or agency within
the Commonwealth of Pennsylvania or any combination thereof.
RUNOFF (HYDRAULICS)
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.
SEDIMENT
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.
SITE
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.
SLOPE
Degree of deviation of a surface from the horizontal, usually
expressed in percent or degrees.
SOIL
All earth material of whatever origin that overlies bedrock.
SOIL DRAINAGE
A condition of the soil, referring to the frequency and duration
of periods when the soil is free of saturation.
STRIPPING
Any activity which removes the vegetative surface cover,
including tree removal; and the clearing and storage or removal of
topsoil.
TEMPORARY STREAM CROSSING
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.
TOPOGRAPHY
The physical features of a site, place or region.
TOPSOIL
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%.
VEGETATION
The plants located on a site or in an area or region.
WATERCOURSE
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.
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.
(5) Identification of the person(s) or entity(ies) which has(have) legal and/or bonded responsibility (as may be required by §
220-11 and/or §
220-12 of this chapter) for maintenance of the erosion and sedimentation control structures and measures after development is completed.
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.
(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.
B. A stormwater management plan prepared in accordance with Pocono Township
Stormwater Management Ordinance.
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.
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 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.
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.