A.
No regulated activity within the municipality shall commence until:
(1)
The municipality receives documentation that the applicant has received:
(a)
A letter of adequacy from the Conservation District or other approval from PADEP in compliance with 25 Pa. Code Chapter 102 of an erosion and sediment control plan for construction activities for projects where the area of disturbance exceeds one acre, where pond dredging is involved, or when the disturbance is associated with activities described under 25 Pa. Code Chapter 105 permits;
(b)
A PADEP NPDES permit for stormwater discharges associated with construction activities as required under 25 Pa. Code Chapter 92.a, if applicable;
(c)
Evidence of any other permit(s) or approvals required for the regulated activity; and
(2)
An erosion and sediment control plan has been approved by the municipality, if required.
B.
A copy of the erosion and sediment control plan and any required permit(s), as required by PADEP regulations, shall be available on the site at all times.
C.
Additional erosion and sediment control measures shall be applied where infiltration BMPs are proposed, at a minimum including those required in § 194-308J.
D.
An erosion and sediment control plan shall be prepared to consist of two phases on the base plan for preliminary and final plans as follows:
(1)
The Phase 1 erosion and sediment control plan shall be prepared on a separate sheet showing all existing features on the site, including the perimeter boundaries. The Phase 1 plan shall show only the minimum earthmoving necessary to install the erosion and sediment control measures. Wholesale topsoil stripping or complete earthmoving necessary to build the project shall not be shown; that is, this plan must show the erosion and sediment control items that are required to be in place prior to the start of any large-scale earth disturbance.
(2)
The Phase 2 erosion and sediment control plan shall be prepared on a separate sheet. It shall show the complete and final earth disturbance elements of a preliminary or final plan relating to grading, storm drainage, impervious coverage and the like which may affect the design of erosion control and stormwater management facilities. Phase 2 plans shall show the complete and final E&S BMPs proposed to control erosion and stormwater runoff related to construction of these elements. Depending on the complexity of the proposal and the time expected to complete all improvements, more than just a Phase 2 plan may be required, at the discretion of the Township Engineer, in order to demonstrate and assure the control of erosion, sediment and stormwater based on intermediate/partially completed stages of construction. If a preliminary or final plan is itself proposed in phases, a separate erosion and sediment control plan shall be prepared for each phase.
E.
A grading, stormwater, erosion and sediment control plan shall be submitted with the preliminary and final plan subdivision and land development applications and with applications for grading permits for regulated activity that are not exempt under § 194-106. Such plan shall be submitted in accordance with the Pennsylvania Department of Environmental Protection Erosion and Sediment Pollution Control Manual, as amended, and the Special Protection Waters Implementation Handbook, as amended, and in compliance with the most current review requirements of the Chester County Conservation District.
(1)
Soil erosion and sediment control plans shall incorporate facilities for stormwater management in accordance with the policies and regulations of the Chester County Conservation District and the stormwater management plan required by Article III.
(2)
Upon recommendation from the Township Engineer, the Township may require the submission of plans, regardless of their size or other outside review requirements, to the Chester County Conservation District for review and approval. In such a case, approval by the Chester County Conservation District shall be required before final approval of a subdivision or land development; the issuance of a grading permit in the case of a minor subdivision; or the issuance of a grading permit for a regulated activity that is not exempt under § 194-106.
F.
The purpose of the erosion and sediment control plan is to identify plans and techniques to be incorporated into the development proposal that regulate the modification of natural terrain during the site development process to ensure that:
(1)
The disturbance of the site does not result in damaging erosion and sedimentation control problems 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;
(2)
The site design and preparation incorporate necessary steps to ensure the successful installation and long-term operation of erosion and sedimentation control and stormwater management facilities;
(3)
The disturbance and removal of topsoil is reduced and avoided.
G.
The applicant or applicant's agent shall prepare a soil erosion and sediment control plan in accordance with the provisions of this section. The plan shall consist of a Phase 1 plan and a Phase 2 plan provided on separate sheets as described further under plan content. All land disturbance activities shall be conducted in such a way as to minimize erosion on adjoining and downslope properties.
(1)
The applicant or applicant's agent undertaking land disturbance activity, including, but not limited to, grading, excavating, or disturbance of topsoil or vegetative cover, or introduction of fill material that may affect the existing flow of surface water within or downslope from the subject parcel, shall be required to:
(a)
Collect on-site runoff and manage its release to a point of discharge into a natural watercourse of the drainage area;
(b)
Protect and clean the downslope, and adjoining properties, of silt and debris washed from the subject property as a result of land disturbance activities on the subject property; and
(c)
Install all drainage and erosion control improvements as required by the approved soil erosion and sediment control plan.
(2)
Measures to minimize soil erosion and sedimentation shall meet the standards and specifications contained in the Pennsylvania Department of Environmental Protection, Soil Erosion and Sediment Pollution Control Manual, as amended, and the Pennsylvania Clean Streams Law,[1] Chapter 102, Erosion and Sedimentation Control Rules and Regulations, as amended, and the specifications contained herein. The Township Engineer or other duly authorized agent shall ensure compliance with the appropriate specifications.
(3)
The Township may require measures to be incorporated into the plan for erosion and sediment pollution control in addition to and/or more stringent than those required by the PADEP Manual, or by the Chester County Conservation District.
H.
The disturbed area and the duration of exposure shall be kept to a practical minimum and the disturbed soils shall be stabilized within three days after earth disturbance ceases.
(1)
The erosion control and stormwater management structures and systems shall be installed in accordance with the approved sequence of construction and shall be completed as quickly as possible.
(2)
If runoff from a project area discharges to a stream that is classified as special protection (high quality or exceptional value) as designated by 25 Pa. Code Chapter 93, Water Quality Standards, as amended, more stringent criteria shall be used to design best management practices for that site in accordance with the Erosion and Sediment Pollution Control Program Manual. All graded surfaces shall be stabilized immediately upon completion of an earth disturbance activity, or any stage or phase of an activity, and shall be watered, tended, and maintained as necessary until growth is well established.
I.
Existing trees, tree clusters and natural vegetation shall be retained, protected and supplemented as required in § 370-29, Natural Resource Conservation Overlay District, of Chapter 370, Zoning. Removal of any portion of existing vegetation shall be done in such a manner as to minimize erosion and sedimentation.
J.
Sediment-laden water shall be trapped by the use of erosion and sediment control best management practices (BMP) such as inlet protection, sediment basins, sediment traps, or similar measures until the disturbed area is permanently stabilized and BMP removal is approved by the Chester County Conservation District. Accumulated sediment shall be removed to ensure continued adequate capacity in the BMPs in accordance with the PADEP Manual.
K.
There shall be no increase in discharge of sediment or other solid material from the site as a result of stormwater runoff.
L.
Erosion and sedimentation control BMPs, whether temporary or permanent, such as vegetation and mulch, earthen berms, waterbars, diversion terraces, rock filter berms, rock construction entrances, sediment basins, silt fences, and the like, appropriate to the scale of operations, shall be constructed, stabilized and functional before site disturbance (other than the minimal site disturbance necessary to install the BMPs) begins within the tributary areas of those BMPs, and whenever any situation is created which would contribute to increased soil erosion.
M.
Earthmoving operations shall be minimized where possible and practicable to preserve desirable natural features and the topography of the site.
N.
Stripping of vegetation, regrading or other development shall be done in such a way that will minimize soil erosion.
O.
To the maximum extent practicable, mature, healthy trees with a DBH of six inches or greater and other significant existing vegetation shall be retained and protected. Such trees shall not be removed, except as provided on the approved subdivision and/or land development plan. The filling of soil more than five inches over the roots of trees to be preserved is prohibited. (The roots are presumed to extend out from the tree as far as the tree's branches extend outward.)
P.
Land disturbance shall be limited to the actual construction site and an access strip. The amount of disturbed area and the duration of exposure shall be kept to a practical minimum. Disturbed areas shall be stabilized immediately upon completion of an earth disturbance activity or any stage or phase of an activity with an appropriate BMP.
Q.
Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. Water runoff shall be minimized and retained on site wherever possible to facilitate groundwater recharge.
R.
Temporary vegetation and/or mulching shall be used to protect critical areas during development. ("Critical areas" shall be construed to mean those portions of a site which are extremely vulnerable to soil erosion.)
S.
The permanent final vegetation and structural soil erosion control and drainage measures shall be installed as soon as practical in the development in accordance with the approved plans.
T.
Sediment removed from best management practices shall be disposed of in landscaped areas outside of steep slopes, wetlands, floodplains or drainage swales and immediately stabilized.
U.
Until the site is stabilized, all best management practices for erosion and sediment pollution control must be maintained properly. Maintenance must include inspections of all best management practices after each runoff event, and on a weekly basis. All preventive and remedial maintenance work, including cleanout, repair, replacement, regrading, reseeding, remulching and renetting, must be performed immediately.
V.
If erosion and sediment pollution control best management practices fail to perform as expected, replacement best management practices or modifications of those installed will be required as determined by the Township Engineer.
W.
Should it be necessary, any pumping of sediment-laden water shall be through a sediment control BMP, such as a sediment basin or a pumped water filter bag discharging over nondisturbed areas.
X.
All earth disturbance activities shall proceed in accordance with the approved sequence of construction or staging of earthmoving activities as it may be called. Each stage shall be completed before any following stage is initiated. Clearing and grubbing shall be limited to only those areas described in each stage.
Y.
Responsibility.
(1)
Whenever sedimentation is caused by the removal of vegetation, regrading or other development, it shall be the responsibility of the applicant or applicant's agent causing such sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses and to repair any damage at his or her expense within a time period acceptable to the Township.
(2)
All required drainage and erosion control improvements, whether temporary or permanent, shall be installed by the applicant or applicant's agent, at their expense, and in accordance with applicable requirements.
(3)
Each application shall contain a commitment to submit for approval a modified soil erosion and sediment control plan should the proposed plan prove to be inadequate prior to final release of escrow and dedication of public improvements.
Z.
Erosion and sediment control plans shall include the minimum limit of disturbance necessary to provide access for grading and acquire borrow material to construct the BMPs (including sediment basins and sediment traps) necessary to control erosion and sediment pollution. All plans shall adhere to the following maximum area of disturbance criteria. For properties under 10 acres in area, no more than the greater of 30% of the property area or one acre can be disturbed at one time. For properties 10 acres or more in area, no more in area, nor more than five acres, shall be disturbed. When the disturbed area has been stabilized either temporarily or permanently, then additional area may be disturbed not exceeding the 30% or five-acre criteria maximums.
AA.
All development shall be required to use super silt fencing or twenty-four-inch compost filter socks as sediment barriers with details provided from the PADEP - E & SPC Manual, latest revision.