[HISTORY: Adopted by the Board of Supervisors of the Township
of Sadsbury 12-30-1981 by Ord.
No. 1981-15. Amendments noted where applicable.]
A.
Definitions and word usage.
(1)
Word usage. Words in the singular number include the plural, and
words in the masculine include the feminine. The word "building" shall
be deemed to read "building or other structure."
(2)
CUT
EROSION
EXCAVATION
FILL
FLOODPLAIN
LAND DEVELOPMENT
QUALIFYING TRACT
RUNOFF
RUNOFF FROM AN AREA UPSTREAM
SEDIMENTATION
SLOPE
SOIL STABILIZATION
SUBDIVISION
SWALE
TOPSOIL
WATERCOURSE and/or DRAINAGEWAY
Definitions. Unless otherwise expressly stated, the following words
shall, for the purposes of this chapter, have the meaning herein stated:
An excavation; the difference between a point on the original
ground and a designated point of lower elevation on the final grade;
also, the material removed in excavation.
The process by which soils, vegetation and man-made materials
on the earth's surface are worn away by action of water, wind,
frost or a combination of such action by natural forces.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed and shall include the conditions resulting
therefrom.
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, pulled, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface and shall include the conditions resulting therefrom; the
difference in elevation between a point on the original ground and
a designated point of higher elevation on the final grade; the material
used to make a fill.
The area along a watercourse which is periodically overflowed
by water therefrom.
Any tract where 20 or more cubic yards of earth is moved.
The surface water discharge or rate of discharge of a given
watershed after a fall of rain or snow that does not enter the soil
but runs off the surface of the land.
The surface water runoff that can be reasonably anticipated
upon maximum development of that area of the watershed located upstream
from the subject tract and as permitted by prevailing zoning or the
Township Comprehensive Plan.
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water or gravity. Once this matter is
deposited, or remains suspended in water, it is usually referred to
as "sediment."
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. Slopes are usually
expressed in a percentage based upon vertical difference in feet per
100 feet of horizontal distance.
The chemical or structural treatment of a mass of soil to
increase or maintain its stability or otherwise improve its engineering
properties.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines, for the purpose,
whether immediate or future, of lease, transfer of ownership or building
or lot development; provided, however, that the division of land for
agricultural purpose into parcels of more than 10 acres not involving
any new street or easement of access shall be exempted.
A low-lying stretch of land which gathers or carries surface
water runoff.
Surface soils and subsurface soils which presumably are fertile
and soil material ordinarily rich in organic matter or humus debris;
usually found in the uppermost soil layer called the "A-horizon."
Any natural or artificial watercourse (including, but not
limited to, streams, rivers, creeks, ditches, channels, canals, conduits,
culverts, drains, waterways, gullies, ravines and washes) in which
water flows in a definite direction or course, either continuously
or intermittently, and includes any area adjacent thereto which is
subject to inundation by reason of overflow or floodwater.
B.
No changes shall be made in the contour of the land and no grading,
excavating, removal or destruction of the topsoil, trees or other
vegetative cover of the land shall be commenced until such time as
a plan for minimizing erosion and sedimentation and managing stormwater
runoff has been processed, reviewed and approved by the Township Board
of Supervisors or there has been a determination by the Board that
such plans are not necessary.
C.
All erosion and sedimentation control and stormwater management plans
shall be reviewed by the Township Engineer.
D.
No subdivision or land development plan shall be approved unless
there has been a plan approved by the Board of Supervisors that provides
for minimizing erosion and sedimentation and for stormwater management
consistent with this chapter and an improvement bond or other acceptable
securities are deposited with the Township in the form of an escrow
of guaranty which will ensure installation and completion of the required
improvements or there has been a determination by the Board of Supervisors
that a plan for minimizing erosion and sedimentation and for stormwater
management is not necessary.
E.
Measures used to control erosion and reduce sedimentation shall,
as a minimum, meet the more stringent of the standards and specifications
of the Chester County Conservation District or of the Department of
Environmental Protection, which are adopted this date by Sadsbury
Township. The Township Engineer or other officials as designated shall
ensure compliance with the appropriate specifications, copies of which
are available from the Conservation District or at the Township Building
of Sadsbury Township.
F.
Measures used to manage stormwater runoff shall, as a minimum, assure
that the maximum rate of runoff is no greater after development than
prior to development activities and that the quantity, velocity and
direction of resulting stormwater runoff is managed in a manner that
adequately protects health and property from possible injury. The
Township Engineer, or other officials as designated, shall ensure
compliance with this requirement.
G.
This chapter shall apply to all grading, paving, construction or
improvement of any tract, parcel or lot of land, whether or not the
same constitutes land development or subdivision as defined in the
Pennsylvania Municipalities Code,[1] and is intended to apply to any and every activity on
land that does or may have the effect of changing the velocity, volume,
concentration or direction of flow of stormwater or does or may contribute
to an increase in sedimentation or erosion.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The following measures are effective in minimizing erosion and
sedimentation and shall be included where applicable in the control
plan:
A.
Stripping of vegetation, regrading, or other development shall be
done in such a way as will minimize erosion.
B.
Development plans shall preserve salient natural features, keep cut-fill
operations to a minimum and ensure conformity with topography so as
to create the least erosion potential and adequately handle the volume
and velocity of surface water runoff.
C.
Whenever feasible, natural vegetation shall be retained, protected,
and supplemented.
D.
The land area disturbed and the duration of exposure shall be kept
to a practical minimum.
E.
Disturbed soils shall be protected and stabilized as quickly as practicable.
F.
Temporary vegetation and/or mulching shall be used to protect exposed
critical areas during development.
G.
The permanent final vegetation and structural erosion control and
stormwater management measures shall be installed as soon as practical
in the development.
H.
Provisions shall be made to effectively accommodate the increased
runoff caused by changed soil and surface conditions during and after
development. Where necessary, the rate of surface water runoff will
be structurally retarded.
I.
Sediment in the runoff water shall be trapped by the use of debris
basins, sediment basins, silt traps or similar measures until the
disturbed area is stabilized.
In order to provide more suitable sites for building and other
uses, improve surface drainage and control erosion, the following
requirements shall be met:
A.
The location, grading and placement of subgrade (base) material of
all roads, streets and parking areas shall be the first work done
on a subdivision or development. The wearing surface may be placed
at the discretion of the subdivider or developer as approved in the
final plan.
B.
All lots, tracts or parcels shall be graded to provide proper drainage
away from buildings and to maintain stormwater control without ponding.
All land within a development shall also be graded to drain and manage
surface water without ponding, except where required and/or approved
by the Board of Supervisors.
C.
All drainage provisions shall be of such design as to adequately
handle the surface runoff and carry it to the nearest suitable outlet
such as a curbed street, storm drain, control basin or natural watercourse.
Where drainage swales are used to divert surface waters away from
buildings, they shall be sodded or planted as required and shall be
of such slope, shape and size as to conform to the requirements of
the Township.
D.
Concentration of surface water runoff shall only be permitted in
swales, watercourses or stormwater control basins.
E.
Excavations and fills.
(1)
Cut and fill slopes shall not be steeper than two to one unless stabilized
by a retaining wall or cribbing except as approved by the Board of
Supervisors when handled under special conditions.
(2)
Provisions shall be made to prevent surface water from damaging the
cut face of excavations or the sloping surfaces of fills, by installation
of temporary or permanent drainage across or above these areas.
(3)
Cut and fills shall not endanger adjoining property.
(4)
Fill shall be placed and compacted so as to minimize sliding or erosion
of the soil.
(5)
Fills shall not encroach on natural watercourses or constructed channels.
(6)
Fills placed adjacent to natural watercourses or constructed channels
shall have suitable protection against erosion during periods of flooding.
(7)
Grading shall not be done in such a way that water is diverted onto
the property of another landowner.
(8)
During grading operations, necessary measures for dust control shall
be exercised.
(9)
Grading equipment shall not be allowed to cross live streams. Where
stream crossing must be made, provisions shall be made for the installation
of temporary or permanent culverts or bridges.
(10)
Existing watercourses, including roadside ditches, shall be
protected at all times during the construction operation. Waste or
earth from this operation shall not be stored in watercourses at any
time, nor will construction equipment be permitted to cross ditches
unless prior approval is received from the Township project inspector.
A.
Whenever sedimentation is caused by stripping vegetation, regrading
or other development, it shall be the responsibility of the person,
corporation or other entity causing such sedimentation to remove it
from all adjoining surfaces, drainage systems and watercourses and
to repair any damage at his expense as quickly as possible.
B.
Maintenance of all roads, streets, parking areas, drainage facilities
and watercourses within any subdivision or land development is the
responsibility of the developer until they are accepted by the Township
or some other official agency, after which they become the responsibility
of the accepting agency.
C.
It is the responsibility of any person, corporation or other entity
doing any act on or across a communal stream, watercourse or swale
or upon the floodplain or right-of-way thereof to maintain as nearly
as possible in its present state the stream, watercourse, swale, floodplain
or right-of-way during the pendency of the activity and to return
it to its original or equal condition after such activity is completed.
D.
Maintenance of drainage facilities or watercourses originating and
completely on private property is the responsibility of the owner
to their point of open discharge at the property line or at a communal
watercourse within the property.
E.
No person, corporation or other entity shall block, impede the flow
of, alter, construct any structure, deposit any material or thing
or commit any act which will affect normal or flood flow in any communal
stream or watercourse without having obtained prior approval from
the Township and the Pennsylvania Department of Environmental Protection,
Division of Dams and Encroachment.
F.
Where a watercourse traverses a subdivision, there shall be provided
a drainage easement or right-of-way conforming substantially with
the line of such watercourse and of such width as will be adequate
to preserve natural drainage.
G.
Each person, corporation or other entity which makes any surface
changes which will affect or be affected by a natural watercourse
shall:
(1)
Manage on-site surface runoff in such a manner as to dispose of it
into the common natural watercourse in accordance with this chapter.
(2)
Use total existing and potential off-site runoff flow contribution
in the design of any stormwater management improvement affecting the
communal watercourse. Off-site runoff shall be based on an upstream
area fully developed.
(3)
Pay proportionate share of the total cost of improvement to the common
natural watercourse based on the volume of surface runoff from the
development upstream from the improvement divided by the total surface
runoff contribution to the improvement.
(4)
Provide and install, at his expense and in accordance with Township
requirements, all drainage and erosion control improvements (temporary
and permanent) exclusively serving the development as required by
this chapter.
H.
It is the responsibility of the Township to keep all major streams,
not under the jurisdiction of other official agency, open and free-flowing.
I.
The Township will assume the responsibility for maintaining an open
and free-flowing condition in all minor streams, watercourses and
drainage systems constructed or improved in accordance with Township
design criteria and which are necessary for proper drainage in the
discretion of the Township, provided that adequate right-of-way exists
or can be acquired.
J.
The Township shall be required to:
(1)
Assess and collect the cost of off-site improvements to the common
natural watercourses, except those required for existing state roads.
Collection may be delayed until the assessed land is approved for
development.
(2)
Acquire easements for such common natural watercourse improvements.
(3)
Supervise such improvements until completed.
B.
The installation and design of the required erosion and sediment
control measures and stormwater management improvements shall be in
accordance with standards and specifications in the Environmental
Protection Handbook of the Chester County Conservation District or
the Directory of Soil Erosion and Sedimentation Control Practices
of the Pennsylvania Department of Environmental Protection.
