This chapter shall be known as the "North Coventry Township Grading, Erosion and Sediment Control and Stormwater Management Ordinance."
The governing body of the municipality finds that:
A. 
Inadequate management of accelerated stormwater runoff resulting from land disturbance and development throughout a watershed increases flooding, flows and velocities, contributes to erosion and sedimentation, overtaxes the capacity of streams and storm sewers, greatly increases the cost of public facilities to convey and manage stormwater, undermines floodplain management and flood reduction efforts in upstream and downstream communities, reduces infiltration and groundwater recharge, increases nonpoint source pollution to waterways, and threatens public health and safety.
B. 
Inadequate planning and management of stormwater runoff resulting from land disturbance and development throughout a watershed can harm surface water resources by changing the natural hydrologic patterns, accelerating stream flows (which increase scour and erosion of streambeds and stream banks, thereby elevating sedimentation), destroying aquatic habitat, and elevating aquatic pollutant concentrations and loadings such as sediments, nutrients, heavy metals, and pathogens. Groundwater resources are also impacted through loss of recharge.
C. 
A comprehensive program of stormwater management, including minimization of impacts of new development, redevelopment, and other earth disturbance activities causing accelerated runoff and erosion and loss of natural infiltration, is fundamental to the public health, safety, and general welfare of the people of the municipality and all of the people of the commonwealth, their resources, and the environment.
D. 
Stormwater is an important water resource that provides infiltration and groundwater recharge for water supplies and baseflow of streams, which also protects and maintains surface water quality.
E. 
Impacts from stormwater runoff can be minimized by reducing the volume of stormwater generated and by using project designs that maintain the natural hydrologic regime and sustain high water quality, infiltration, stream baseflow, and aquatic ecosystems. Cost-effective and environmentally sensitive stormwater management can be achieved through the use of nonstructural site design techniques that minimize impervious surfaces, reduce disturbance of land and natural resources, avoid sensitive areas (i.e., riparian buffers, floodplains, steep slopes, wetlands, etc.), and consider topography and soils to maintain the natural hydrologic regime.
F. 
Public education on the control of pollution from stormwater is an essential component in successfully addressing stormwater.
G. 
Federal and state regulations require the municipality to implement a program of stormwater controls. The municipality is required to obtain a permit from the PADEP and comply with its provisions for stormwater discharges from its separate storm sewer system under the National Pollutant Discharge Elimination System (NPDES).
H. 
Nonstormwater discharges to municipal or other storm sewer systems can contribute to pollution of the waters of the commonwealth.
I. 
The use of green infrastructure, low-impact development (LID), and conservation design (CD) are intended to address the root cause of water quality impairment by using systems and practices which use or mimic natural processes to 1) infiltrate and recharge, 2) evapotranspire, and/or 3) harvest and use precipitation near where it falls to earth. Green infrastructure practices, LID, and CD contribute to the restoration or maintenance of predevelopment hydrology.
The purpose of this chapter is to protect public health, safety and general welfare, property and water quality by implementing drainage and stormwater management practices, criteria, and provisions included herein for land development, construction and earth disturbance activities, to achieve the following throughout the municipality:
A. 
Reduce the frequency and magnitude of flooding and stormwater impacts affecting people, property, infrastructure and public services.
B. 
Sustain or improve the natural hydrologic characteristics and water quality of groundwater and surface waters.
C. 
Protect natural resources, including riparian and aquatic living resources and habitats.
D. 
Maintain the natural hydrologic regime of land development sites and their receiving watersheds.
E. 
Minimize land disturbance and protect and incorporate natural hydrologic features, drainage patterns, infiltration, and flow conditions within land development site designs.
F. 
Reduce and minimize the volume of stormwater generated, and manage and release stormwater as close to the source of runoff as possible.
G. 
Provide infiltration and maintain natural groundwater recharge to protect groundwater supplies and stream baseflows, prevent degradation of surface water and groundwater quality, and to otherwise protect water resources.
H. 
Reduce stormwater pollutant loads to protect and improve the chemical, physical, and biological quality of groundwater and surface waters.
I. 
Reduce scour, erosion and sedimentation of stream channels.
J. 
Protect adjacent and downgradient lands from adverse impacts of direct stormwater discharges.
K. 
Minimize impervious surfaces and connected impervious surfaces to promote infiltration and reduce the volume and impacts of stormwater runoff.
L. 
Provide proper long-term operation and maintenance of all permanent stormwater management facilities, BMPs and conveyances that are implemented within the municipality.
M. 
Reduce the impacts of runoff from existing developed land undergoing redevelopment while encouraging new development and redevelopment in urban areas and areas designated for growth.
N. 
Implement an illicit discharge detection and elimination program that addresses nonstormwater discharges.
O. 
Provide stormwater management performance standards and design criteria on a watershed basis.
P. 
Provide standards to meet certain NPDES stormwater permit requirements.
Q. 
Meet legal water quality requirements under state law, including regulations at 25 Pa. Code Chapter 93, to protect, maintain, reclaim and restore the existing and designated uses of the waters of the commonwealth.
R. 
Implement the requirements of total maximum daily load (TMDLs) where applicable to waters within or impacted by the municipality.
S. 
Provide review procedures and performance standards for stormwater planning and management.
T. 
Fulfill the purpose and requirements of PA Act 167 (PA Act 167, Section 3):[1]
"(1) Encourage planning and management of stormwater runoff in each watershed which is consistent with sound water and land use practices.
(2) Authorize a comprehensive program of stormwater management designated to preserve and restore the flood carrying capacity of Commonwealth streams; to preserve to the maximum extent practicable natural stormwater runoff regimes and natural course, current and cross section of water of the Commonwealth; and to protect and conserve groundwaters and groundwater recharge areas.
(3) Encourage local administration and management of stormwater consistent with the Commonwealth's duty as trustee of natural resources and the people's constitutional right to the preservation of natural, economic, scenic, aesthetic, recreational and historic values of the environment."
[1]
Editor's Note: See 32 P.S. § 680.3.
U. 
Ensure any disturbance of the site does not result in damaging erosion and sedimentation control problems, either on or off site, in order to protect the health, safety, and welfare of the Township residents. These objectives will be pursued at the Township level in conjunction with state requirements for erosion and sedimentation control, as defined in the Department of Environmental Protection Chapter 102 regulations, as amended, and defined in the Erosion and Sediment Pollution Control Program Manual.
V. 
Ensure that site design and preparation incorporates the necessary steps to ensure the successful installation and long-term operation of erosion and sedimentation control and stormwater management facilities.
W. 
Ensure any disturbance and removal of topsoil is minimized.
X. 
Regulate modification of natural terrain and alteration of drainage by providing for runoff, erosion and sediment control measures, as well as to regulate the maintenance of grading, excavation and fill.
The municipality is empowered or required to regulate land use activities that affect runoff and surface water and groundwater quality and quantity by the authority of:
A. 
Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. § 680.1 et seq., as amended, the "Storm Water Management Act" (hereinafter referred to as "the Act"); and
B. 
Second Class Township Code, 53 P.S. § 65101 et seq.
A. 
The following activities are regulated by this chapter:
(1) 
All regulated activities as defined in this chapter, including, but not limited to, new development, redevelopment, and earth disturbance activities that are located within the municipality, shall be subject to regulation by this chapter.
(2) 
The provisions of Article IX, Prohibitions, are applicable on a Township-wide basis to all existing as well as proposed drains, conveyances and/or discharges.
(3) 
When a building permit is required for any regulated activity on an existing parcel or approved lot created by a subdivision and/or improved as a land development project, issuance of the building permit shall be conditioned upon the issuance of a grading permit in adherence to the terms of this chapter.
(4) 
This chapter contains the stormwater management performance standards and design criteria that are necessary from a watershed-based perspective.
(5) 
The municipality's stormwater management conveyance and system design criteria (e.g., inlet spacing, inlet type, collection system design and details, outlet structure design, etc.) shall be regulated by standards and design criteria contained in this chapter and by applicable state regulations, if any.
B. 
Duty of persons engaged in a regulated activity. Notwithstanding any provision(s) of this chapter, including exemptions, any landowner or any person engaged in a regulated activity, including but not limited to the alteration or development of land, which may affect stormwater runoff characteristics, shall implement such measures as are reasonably necessary to prevent injury to health, safety, or other property. Such measures also shall include actions as are required to manage the rate, volume, direction, and quality of resulting stormwater runoff in a manner which otherwise adequately protects health, property, and water quality of waters of the commonwealth.
C. 
Phased and incremental project requirements.
(1) 
Any regulated activity (including but not limited to new development, redevelopment, or earth disturbance) that is to take place incrementally or in phases, or occurs in sequential projects on the same parcel or property, shall be subject to regulation by this chapter if the regulated impervious surface or earth disturbance exceeds the corresponding threshold for exemption (as presented in Table 106.1, "Thresholds for Regulated Activities that are Exempt from the Provisions of this Chapter as Listed Below").
(2) 
The date of adoption of this chapter shall be the starting point from which to consider tracts as parent tracts relative to future subdivisions, and from which impervious surface and earth disturbance computations shall be cumulatively considered.
(a) 
For example: If, after adoption of this chapter, an applicant proposes construction of a 450-square-foot garage, that project would be exempt from the requirements of this chapter as noted in Table 106.1. If, at a later date, an applicant proposes to construct a 300-square-foot room addition on the same property, the applicant would then be required to implement the stormwater management and plan submission requirements of this chapter for the cumulative total of 750 square feet of additional impervious surface added to the property since adoption of this chapter.
A. 
Requirements for exempt activities.
(1) 
An exemption from certain requirements of this chapter shall not relieve the applicant from implementing all other applicable requirements of this chapter.
(2) 
An exemption shall not relieve the applicant from implementing such measures as are necessary to protect public health, safety, and welfare, property and water quality.
(3) 
An exemption shall not relieve the applicant from complying with the requirements for state-designated special protection waters designated by PADEP as high-quality (HQ) or exceptional-value (EV) waters, or any other current or future state or municipal water quality protection requirements.
(4) 
An exemption under this chapter shall not relieve the applicant from complying with all other applicable municipal ordinances or regulations.
B. 
General exemptions. Regulated activities that:
(1) 
Involve less than 500 square feet of regulated impervious surfaces and less than 2,000 square feet of earth disturbance; or
(2) 
Are listed in § 194-106C and are exempt from those (and only those) requirements of this chapter that are included in the sections and articles listed in Table 106.1. Exemptions are for the items noted in Table 106.1 only, and shall not relieve the landowner from other applicable requirements of this chapter. Exemption shall not relieve the applicant from implementing such measures as are necessary to protect health, safety, and welfare, property, and water quality.
Table 106.1 - Exemptions
Thresholds for Regulated Activities that are Exempt from the Provisions of this Chapter as Listed Below
Chapter Article/Section
Exempt Projects Activities Listed in § 194-106C
<500 Square Feet of Regulated Impervious Surfaces
AND
<2,000 Square Feet of Proposed Earth Disturbance
>1,500 Square Feet of Regulated Impervious Surfaces
OR
>5,000 Square Feet of Proposed Earth Disturbance
Article I, General Provisions, §§ 194-101 to 194-110
Not exempt
Not exempt
Not exempt
Article I, General Provisions, § 194-111
Exempt
Exempt
Not exempt
Article II, Definitions
Not exempt
Not exempt
Not exempt
Article III, SWM Standards and Site Plan Requirements, §§ 194-303 and 194-310
Not exempt
Not exempt
Not exempt
Article III, SWM Standards and Site Plan Requirements, §§ 194-301, 194-302, 194-304 through 194-309, 194-311 through 194-317
Exempt
Exempt
Not exempt
Article IV, Erosion and Sediment Control Requirements
Exempt
Exempt
Not exempt
Article V, Grading Requirements
Exempt
Exempt
Not exempt
Article VI, Performance and Inspection of Regulated Activities; Final As-Built Plans
Exempt
Exempt
Not exempt
Article VII, Fees and Expenses
Exempt
Exempt
Not exempt
Article VIII, O&M Responsibilities and Easements
Exempt
Exempt
Not exempt
Article IX, Prohibitions
Not exempt
Not exempt
Not exempt
Article X, Enforcement and Penalties
Not exempt
Not exempt
Not exempt
Erosion, sediment and pollution control requirements - Article IV
Must comply with 25 Pa. Code Chapter 102 and other applicable state and municipal codes, including the Clean Streams Law[1]
NOTES:
•
Specific activities listed in § 194-106C are exempt from the indicated requirements, regardless of size.
•
A proposed regulated activity must be less than both the regulated impervious surfaces and proposed earth disturbance thresholds to be eligible for exemption from the requirements listed in this table.
•
See Table 106.2 for requirements for the range of regulated impervious surface and earth disturbance between the values listed in the third and fourth columns.
•
"Proposed impervious surface": As defined in this chapter.
•
"Exempt": Regulated activities are exempt from the requirements of listed section(s) only; all other provisions of this chapter apply. These exemptions have no bearing on other municipal regulations or ordinances.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
C. 
Exemptions for specific activities. The following specific regulated activity are exempt from those (and only those) requirements of this chapter that are included in the sections and articles listed in Table 106.1. All other conveyance and system design standards established by the municipality in other codes or ordinances shall be required, and all other provisions of this chapter shall apply.
(1) 
Emergency exemption. Emergency maintenance work performed for the protection of public health, safety and welfare. This exemption is limited to repair of the existing stormwater management facility; upgrades, additions or other improvements are not exempt. A written description of the scope and extent of any emergency work performed shall be submitted to the municipality within two calendar days of the commencement of the activity. A detailed plan shall be submitted no later than 30 days following commencement of the activity. If the municipality finds that the work is not an emergency, then the work shall cease immediately and the requirements of this chapter shall be addressed as applicable.
(2) 
Maintenance. Any maintenance to an existing stormwater management facility, BMP or conveyance made in accordance with plans and specifications approved by the Municipal Engineer or municipality.
(3) 
Existing landscaping. Use of land for maintenance, replacement or enhancement of existing landscaping.
(4) 
Gardening. Use of land for gardening for home consumption.
(5) 
Agricultural related activities:
(a) 
Agricultural activities (as defined in Article II).
(b) 
Conservation practices (as defined in Article II) that do not involve construction of any new or expanded impervious surfaces.
(c) 
High tunnel if:
[1] 
The high tunnel or its flooring does not result in an impervious surface exceeding 25% of all structures located on the landowner's total contiguous land area; and
[2] 
The high tunnel meets one of the following:
[a] 
The high tunnel is located at least 100 feet from any perennial stream or watercourse, public road, or neighboring property line.
[b] 
The high tunnel is located at least 35 feet from any perennial stream or watercourse, public road or neighboring property line and located on land with a slope not greater than 7%.
[c] 
The high tunnel is supported with a buffer or diversion system that does not directly drain into a stream or other watercourse by managing stormwater runoff in a manner consistent with the requirements of Pennsylvania Act 167.
(6) 
Forest management. Forest management operations, which are consistent with a sound forest management plan as filed with the municipality and which comply with Zoning Ordinance § 370-29B(7), and the Pennsylvania Department of Environmental Protection's management practices contained in its publication "Soil Erosion and Sedimentation Control Guidelines for Forestry" (as amended or replaced by subsequent guidance). Such operations are required to have an erosion and sedimentation control plan which meets the requirements of 25 Pa. Code Chapter 102 and meets the erosion and sediment control standards of Article IV of this chapter.
(7) 
Maintenance of existing gravel and paved surfaces. Replacement of existing gravel and paved surfaces shall meet the erosion and sediment control requirements of 25 Pa. Code Chapter 102 and Article IV of this chapter, and is exempt from all other requirements of this chapter listed in § 194-106C above. Resurfacing of existing gravel and paved surfaces is exempt from the requirements of this chapter listed above. Paving of existing gravel surfaces is exempt from the requirements of this chapter listed above. Construction of new or additional impervious surfaces shall comply with all requirements of this chapter as indicated in Table 106.1.
(8) 
Municipal roadway shoulder improvements. Shoulder improvements conducted within the existing roadway cross section of municipal-owned roadways, unless an NPDES permit is required, in which case the proposed work must comply with all requirements of this chapter.
(9) 
In-place replacement of residential dwelling unit. The replacement in the exact footprint of an existing one- or two-family dwelling unit unless there is a known stormwater management problem, as determined by the Township, that must be addressed.
(10) 
In-place replacement, repair, or maintenance of residential impervious surfaces. The replacement of existing residential patios, decks, driveways, pools, garages, and/or sidewalks that are accessory to an existing one- or two-family dwelling unit in the exact footprint of the existing impervious surface unless there is a known stormwater management problem, as determined by the Township, that must be addressed.
D. 
Simplified approach for small projects.
(1) 
Regulated activities that involve between 500 square feet and 1,500 square feet of regulated impervious surfaces or between 2,000 square feet and 5,000 square feet of proposed earth disturbance may apply the Simplified Approach presented in the "Simplified Approach to Stormwater Management for Small Projects" (Simplified Approach) (Appendix A)[2] to comply with the requirements of Article III, Article IV, Article V, Article VI, Article VII and Article VIII of this chapter (as shown in Table 106.2).
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
(2) 
The applicant shall contact the Municipal Engineer to:
(a) 
Confirm that the proposed project is eligible for use of the Simplified Approach and is not otherwise exempt from these chapter provisions;
(b) 
Determine what components of the proposed project are to be considered as impervious surfaces;
(c) 
Determine if other known site or local conditions exist that may preclude the use of any techniques included in the Simplified Approach; and
(d) 
Discuss any other issues or questions related to the use of the Simplified Approach.
(3) 
Appendix A includes instructions and procedures for preparation, submittal, review and approval of documents required when using the Simplified Approach and shall be adhered to by the applicant.
(4) 
Infiltration testing for projects using the Simplified Approach is recommended but is not required by this chapter.
E. 
Modified requirements for agricultural structures. It is the declared policy of the commonwealth to conserve and protect and to encourage the development and improvement of its agricultural lands for the production of food and other agricultural products. Municipalities must encourage the continuity, development and viability of agricultural operations within its jurisdiction. Except as necessary to protect the public health, safety and welfare, regulated activity involving proposed new or expanded impervious surfaces associated with agricultural activities are exempt from certain requirements of this chapter as listed in Table 106.2 only when it has been demonstrated to the satisfaction of the North Coventry Township that the proposed project will comply with all of the requirements listed below. All other provisions of this chapter shall apply. To be eligible for exemption from the chapter provisions stated above and in Table 106.2, the proposed regulated activity shall:
(1) 
Be directly associated with an agricultural activity (as defined in Article II);
(2) 
Include less than 15,000 square feet of proposed new or expanded impervious surface and adjoining vehicle parking and movement area;
(3) 
Be installed on a farm or mushroom operation that has a current mushroom farm environmental management plan (MFEMP) reviewed and deemed adequate by the Conservation District, or an agricultural erosion and sediment control plan or conservation plan (as defined in Article II) that complies with the requirements of 25 Pa. Code 102;
(4) 
Divert runoff from the proposed new or expanded impervious surfaces (including vehicle parking and movement area) entirely away from animal management, waste management and crop farming areas and any other source of pollutants;
(5) 
Include BMP(s) that will permanently retain at least one inch of rainfall runoff from the total area of proposed new or expanded impervious surfaces and vehicle parking and movement areas demonstrated by following the requirements for a Simplified Approach to Stormwater Management for Small Projects as presented in Appendix A;
(6) 
Be designed so that any point of discharge of runoff from the proposed new or expanded impervious surface (excluding vehicle movement area):
(a) 
Is not directly connected to, and is not directly connected to any constructed conveyance that is connected to, a municipal separate storm sewer system or public roadway;
(b) 
Is located at least 150 feet from any municipal separate storm sewer system or public roadway, or any constructed conveyance connected to any municipal separate storm sewer system or public roadway.
(7) 
Either:
(a) 
Have all proposed new or expanded impervious surfaces and proposed vehicle parking and movement areas and BMP(s) included within the current MFEMP or current agricultural erosion and sediment control plan or a conservation plan for the farm or mushroom operation; or
(b) 
Be constructed per design plans prepared and sealed by a licensed professional in conformance with the PADEP "Best Practices for Environmental Protection in the Mushroom Farm Community" (2003 or as amended), or per design plans prepared and sealed by a licensed professional (or Conservation District staff person designated by NRCS) that comply with USDA NRCS standards and specifications, and for which completion of construction will be certified by the licensed (or NRCS-designated design) professional responsible for the design;
(8) 
Not be eligible for exemption if an NPDES permit is required; and
(9) 
Obtain a grading permit from the municipality in accordance with § 194-111.
Table 106.2
Thresholds for Regulated Activities that are Eligible for the Simplified Requirements for the Provisions of this Chapter that are Listed Below
Chapter Article/Section
Activities Listed in § 194-106D (Simplified Approach for Small Projects) and § 194-106E (Modified Requirements for Agricultural Structures)
Article I, General Provisions
Not exempt
Article II, Definitions
Not exempt
Article III, SWM Standards and Site Plan Requirements, §§ 194-303 and 194-310
Not exempt
Article III, SWM Standards and Site Plan Requirements, §§ 194-301, 194-302, 194-304 through 194-309, 194-311 through 194-317
Exempt if applicable requirements of § 194-106D and/or E are applied
Article IV, Erosion and Sediment Control Requirements
Not exempt
Article V, Grading Requirements
Not exempt
Article VI, Performance and Inspection of Regulated Activities; Final As-Built Plans
Exempt if applicable requirements of § 194-106D and/or E are applied
Article VII, Fees and Expenses
Not exempt
Article VIII, O&M Responsibilities and Easements
Exempt if applicable requirements of § 194-106D and/or E are applied
Article IX, Prohibitions
Not exempt
Article X, Enforcement and Penalties
Not exempt
Other erosion, sediment and pollution control requirements
Must comply with 25 Pa. Code Chapter 102 and other applicable state and municipal codes, including the Clean Streams Law[3]
NOTES:
•
"Modified requirements": Regulated activities listed within the subsections of this chapter noted in Table 106.2 are eligible for exemption only from the indicated sections and subsections of this chapter and only if either the Simplified Approach of § 194-106D and/or the modified requirements for agricultural structures of § 194-106E, as applicable, are met to the satisfaction of the municipality.
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.
Any ordinance or ordinance provision of the municipality inconsistent with any of the provisions of this chapter are hereby repealed to the extent of the inconsistency only.
If any sentence, clause, section or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter. It is hereby declared the intent of the governing body of the municipality that this chapter would have been adopted had such unconstitutional, illegal or invalid provision, sentence, clause, section or part thereof not been included herein.
A. 
Approvals issued and actions taken pursuant to this chapter do not relieve the applicant of the responsibility to secure and comply with other required permits or approvals for activities regulated by any other applicable code, rule, act, law, regulation, or ordinance.
B. 
To the extent that this chapter imposes more rigorous or stringent requirements for stormwater management than any other code, rule, act, law, regulation or ordinance, the specific requirements contained in this chapter shall take precedence.
C. 
The requirements of this chapter shall supersede any conflicting requirements in other municipal ordinances or regulations.
A. 
General. The requirements of this chapter are essential and shall be strictly adhered to. For any regulated activity where, after a close evaluation of alternative site designs, it proves to be impracticable to meet any one or more of the mandatory minimum standards of this chapter on the site, the municipality may approve measures other than those in this chapter, subject to § 194-110B and C.
B. 
Waiver procedures.
(1) 
A request for a waiver(s) shall be in writing and accompany the SWM site plan submission.
(2) 
The waiver request shall state in full the grounds and facts on which the request is based, the provision or provisions of the chapter involved, and the minimum modification necessary.
(3) 
The governing body shall have the authority to waive or modify the requirements of one or more provisions of this chapter if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question provided that such waiver or modification will not be contrary to the public interest and that the purpose and intent of the chapter is observed. In granting a modification, the Board of Supervisors may impose such conditions as will, in its judgment, secure substantially the objectives of the standard or requirements so modified.
(4) 
Waiver or modification may also be considered if an alternative standard or approach can be demonstrated to provide equal or better achievement of the results intended by the chapter.
(5) 
Cost or financial burden shall not be considered a hardship.
C. 
PADEP approval required. No waiver or modification of any regulated stormwater activity involving earth disturbance greater than or equal to one acre may be granted by the municipality unless that action is approved in advance by PADEP or the Chester County Conservation District.
A. 
Permits required. No person (as defined herein) shall commence or perform any grading, excavation or fill or any earth disturbance or any regulated activity without first having obtained a stormwater management, erosion and sediment control and grading permit (grading permit) from North Coventry Township unless exempt under § 194-106. A separate grading permit shall be required for each site.
(1) 
It shall be unlawful for any person to commence any earth disturbance activity, pave, fill, strip, or change the existing grade of any land within the Township without first securing a grading permit from the Township.
(2) 
It shall be unlawful for any person to disturb, modify, block, divert, or affect the natural overland or subsurface flow of stormwater within the Township without first securing a grading permit from the Township.
(3) 
It shall be unlawful for any person to construct, erect or install any dam, ditch, culvert, drain pipe, bridge or any other structure or obstruction affecting the drainage of his or her property or any other property without first securing a grading permit.
B. 
Application for grading permit.
(1) 
Any person, company, or entity proposing to engage in activity requiring a grading permit hereunder shall apply by written application to the Township designated official, which shall include the applicant's agreement to comply with the regulations in § 194-111F hereof upon issuance of the grading permit.
(2) 
The applicant should consult Chapter 370, Zoning, the Comprehensive Plan, and Chapter 320, Subdivision and Land Development, which plan for and regulate the development of land within the Township. The applicant is encouraged to consult with surrounding municipalities which can be affected by, or can affect, the proposed land development.
(3) 
A separate application shall be required for each earth disturbance activity operation. Three copies of all the documents referred to in § 194-111C hereof shall be submitted with each application, one of which, at the discretion of the Township designated official, shall be submitted at the applicant's expense to the Chester County Conservation District for review and comment.
C. 
Data required for grading permit. The application for a grading permit shall be accompanied by the following:
(1) 
When a regulated activity is not exempt but qualifies for submittal under § 194-106D, Simplified approach for small projects, or § 194-106E, Modified requirements for agricultural structures, the following shall be submitted:
(a) 
A completed copy of a grading permit application per Appendix F;[1]
[1]
Editor's Note: Appendix F is included as an attachment to this chapter.
(b) 
Application fee as established by Township resolution;
(c) 
A simplified stormwater management site plan/sketch plan containing the features described in Section 1, Step 1, of Appendix A.2;
(d) 
Completed Simplified Approach Worksheet (Table 4) of Appendix A.2;
(e) 
A completed operations and maintenance agreement per Appendix A.3.
(2) 
When a regulated activity is not exempt nor does it qualify for submittal under § 194-106D, Simplified approach for small projects, or § 194-106E, Modified requirements for agricultural structures, the following shall be submitted:
(a) 
A completed copy of a grading permit application per Appendix F;
(b) 
Application fee as established by Township resolution;
(c) 
A stormwater management site plan including all information required by Article III;
(d) 
An erosion and sediment control plan including all information required by Article IV;
(e) 
A time schedule indicating anticipated starting and completion dates of the development sequence, the expected date of completion of construction of each of the proposed BMPs, and the time of exposure of each area prior to the completion of such measures.
(3) 
However, when a regulated activity is part of a subdivision or land development, a separate application for and approval of a grading permit shall not be needed. Instead, the application for the subdivision or land development plan approval shall include the review and approval of all necessary stormwater management and erosion and sediment pollution control measures and accompanying data as required by this chapter.
(4) 
Further, when the scope of a regulated activity is less than one acre of earth disturbance and the activity does not require subdivision and land development approval, at the discretion of the Township Engineer, reduced provisions may be established from those in Articles III and IV to show compliance with the requirements of this chapter.
(5) 
Any submission that is found to be incomplete shall not be accepted for review and shall be returned to the applicant within 10 regular business days with a notification, in writing, of the specific manner in which the submission is incomplete.
D. 
Approval of grading permit.
(1) 
The Township designated official or her/his delegated agent shall issue all grading permits in letter form. The Township designated official may request the assistance of any appointed Township consultant.
(2) 
Any submission deemed inconsistent or noncompliant may be revised and resubmitted with the revisions addressing the concerns of the Township designated official or her/his delegated agent.
E. 
Expiration of grading permit. Every grading permit shall expire by limitation and become null and void if the work authorized by such grading permit has not been commenced within six months or is not completed within one year from the date of issue, provided that the Township designated official may, if the grading permit holder presents satisfactory evidence that unusual difficulties have prevented work being started or completed within the specific time limits, grant a reasonable extension of time, and provided, further, that the application for the extension of time is made before the date of expiration of the grading permit.
F. 
Regulations for grading permit holders and others.
(1) 
The grading permit holder is responsible for any on-site or off-site property damage or personal injury caused by his activity authorized by the grading permit.
(2) 
No person, company, or entity shall modify, fill, excavate, pave, grade or regrade land in any manner as to endanger or damage public or private property, or to cause physical damage or personal injury. All precautions will be taken to prevent any damage to adjoining streets, sidewalks, buildings, structures, and other on-site or off-site property which could be caused by settling, cracking, erosion or sediment.
(3) 
No person, company, or entity shall fail to adequately maintain in good operating order any drainage facility on his premises. All watercourses, drainage ditches, culverts, drain pipes and drainage structures shall be kept open and free-flowing at all times.
(4) 
No person, company, or entity shall deposit or place any debris or other material in any watercourses, drainage ditch or structure in such a manner as to obstruct free flow unless specifically intended to reduce erosion and approved by the Chester County Conservation District and proper permits from the Pennsylvania Department of Environmental Protection if required are obtained.
(5) 
The owner of any property on which any work has been done pursuant to a grading permit granted under this chapter shall continually maintain and repair all graded surfaces and anti-erosion devices, such as retaining walls, drainage structures or means, plantings and ground cover, installed or completed. Each grading permit holder shall advise transferees of property covered by a grading permit, in writing, of the requirements of this section, prior to entry of a binding agreement of sale for such property. Information pertaining to stormwater management facilities shall be included in the deed of any parcel being transferred.
(6) 
All graded surfaces shall be seeded, sodded, planted or otherwise protected from erosion within one day of the temporary or permanent cessation of earthmoving activities, weather permitting, and shall be watered, tended, and maintained until growth is well established.
(7) 
Precautions shall be taken to prevent the unnecessary removal of trees and provide for their protection by suitable tree wells, as determined by the Township designated official.
(8) 
When required, adequate provisions shall be made for dust control measures as determined by the Township designated official.
(9) 
All plans and specifications accompanying applications for grading permits shall include provisions for both temporary and permanent erosion and sediment control.
(10) 
The design, installation and maintenance of erosion and sediment control measures shall be accomplished in accordance with standards and specifications established by this chapter and the Pennsylvania Department of Environmental Protection and the Chester County Conservation District.
(11) 
Wherever load-bearing fill matter is to be used, each layer of compacted fill shall be tested to determine its dry density per ASTM D 1556. The density of such layer shall not be less than 95% of maximum dry density as determined by ASTM D 1557.
(12) 
Inspections shall be conducted in accordance with the general procedure outlined in § 194-601.
(13) 
Compaction test reports shall be kept on file at the site and be subject to review at all times by the Township designated official.
G. 
Erroneous grading permit. Any grading permit or authorization issued or approved based on false, misleading or erroneous information provided by an applicant is void without the necessity of any proceedings for revocation. Any work undertaken or use established pursuant to such grading permit or other authorization is unlawful. No action may be taken by a board, agency, or employee of the municipality purporting to validate such a violation.
A. 
For all activities requiring submittal of a stormwater management (SWM) site plan, grading plan or erosion and sediment control plan that involves subdivision or land development, the applicant shall post financial security to the municipality for the timely installation and proper construction of all stormwater management facilities as required by the approved SWM site plan and this chapter, and such financial security shall:
(1) 
Be equal to or greater than the full construction cost of the required facilities except to the extent that financial security for the cost of any of such improvements is required to be and is posted with the Pennsylvania Department of Transportation in connection with a highway occupancy permit application and include a 10% contingency amount and an amount to cover legal and consulting fees; and
(2) 
Be determined, collected, applied and enforced in accordance with Sections 509 through 511 of the MPC[1] and the provisions of the municipality's Subdivision and Land Development Ordinance (SALDO).[2]
[1]
Editor's Note: See 53 P.S. §§ 10509 through 10511.
[2]
Editor's Note: See Ch. 320, Subdivision and Land Development.
B. 
For all other activities, before issuing a grading permit for a project, the Township may require financial security in a form satisfactory to the Township Board of Supervisors (e.g., surety bond, letter of credit or cash escrow) conditioned upon the faithful performance of the control measures and other conditions specified in the grading permit within the time specified, or within any extension thereof granted by the Township Board of Supervisors in the amount of the total estimated cost of all control measures and safeguards for adjoining properties plus 15% for inspection, engineering, legal and 10% for contingencies, including any damages occurring on or off the development site. Said financial security may be combined with the financial security filed under Chapter 320, Subdivision and Land Development. The financial security shall be maintained and renewed annually. Any bond shall be executed by a surety or guaranty company qualified to transact business in the state.
C. 
The Township reserves the right given to it by the Pennsylvania Municipalities Planning Code[3] to have a developer increase the amount of the financial security established hereunder at any time that, in the sole opinion of the Township, the funds remaining in the account are insufficient either to complete the improvements required or to provide the financial security necessary under the Pennsylvania Municipalities Planning Code or any Township ordinances, either as a result of additional requirements required by the Township Engineer and which may be legally imposed on developer by the Township, interruptions in construction, inflationary increases in costs, or any other foreseen or unforeseen factor that may arise at any time to the completion of said improvements. Any such request to increase the amount in the financial security shall be made, in writing, by the Township to the developer after the approval by the Township at a regular meeting of the Board, and said additional amount shall be posted within 30 days of the date of said written request; in the event that the developer fails to post the additional security in the time period provided herein, said failure shall be tantamount to a failure to complete and the Township shall be entitled to all remedies provided by law, including all remedies set forth in Township ordinances.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
D. 
Upon or before final release of financial security and completion of subdivision or land development improvements, the permanent stormwater management system for a tract shall be fully installed and functional in accordance with the approved stormwater management site plan. Temporary sediment trapping facilities in detention basins, upon inspection and approval by the Township Engineer, shall be converted into permanent stormwater management basins; additional facilities designed to serve more than an individual lot shall begin operation. All such work shall be specified in the approved plan.