This chapter shall be known as the "West Vincent Township's
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.
Nonstormwater discharges to municipal or other storm sewer systems
can contribute to pollution of the waters of the commonwealth.
H.
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 pre-development 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 ground and surface waters.
I.
Reduce scour, erosion and sedimentation of stream channels.
J.
Reduce flooding impacts and preserve and restore the natural flood-carrying
capacity of streams and their floodplains.
K.
Protect adjacent and downgradient lands from adverse impacts of direct
stormwater discharges.
L.
Minimize impervious surfaces and connected impervious surfaces to
promote infiltration and reduce the volume and impacts of stormwater
runoff.
M.
Provide proper long-term operation and maintenance of all permanent
stormwater management facilities, BMPs and conveyances that are implemented
within the Municipality.
N.
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.
O.
Implement an illicit discharge detection and elimination program
that addresses nonstormwater discharges.
P.
Provide stormwater management performance standards and design criteria
on a watershed basis.
Q.
Provide standards to meet certain NPDES stormwater permit requirements.
R.
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.
S.
Provide review procedures and performance standards for stormwater
planning and management.
T.
Fulfill the purpose and requirements of Pennsylvania Act 167, Section
3:
(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 waters
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.
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");
B.
Second Class Township Code, 53 P.S. § 65101 et seq.; and
C.
Act of July 31, 1968, P.L. 805, No. 247, 53 P.S. § 10101
et seq., as amended, the Pennsylvania Municipalities Planning Code,
Act 247 (hereinafter referred to as the "MPC").
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)
When a building and/or grading 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 permit
shall be conditioned upon adherence to the terms of this chapter.
(3)
This chapter contains the stormwater management performance standards and design criteria that are necessary from a watershed-based perspective. 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 continue to be regulated by the applicable municipal ordinance(s) and applicable state regulations or as included in § 302-23 of this chapter.
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 Exempt from Provisions of Chapter 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. For the purposes of
this chapter, the computation shall be cumulatively considered if
the projects are built within 12 months of each other.
(3)
For example: If after adoption of this chapter an applicant proposes
construction of a 600-square-foot garage, that project would be exempt
from the requirements of this chapter as noted in Table 106.1. If
within 12 months of the original construction an applicant proposes
to construct a 900-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 1,500 square feet of additional impervious surface added
to the property since adoption of this chapter.
A.
Requirements for exempt activities.
(1)
An exemption from any requirement of this chapter shall not relieve
the applicant from implementing all other applicable requirements
of this chapter or from implementing such measures as are necessary
to protect public health, safety and welfare, property, and water
quality.
(2)
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.
(3)
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: involve less than 1,000 square feet of regulated impervious surfaces and less than 5,000 square feet of earth disturbance; or are listed in Subsection C of this section, 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
Thresholds for Regulated Activities Exempt from Provisions of
Chapter Listed Below (see notes below)
| |||
|---|---|---|---|
|
Ordinance Article/Section
|
Exemption Activities Listed in § 302-6C
|
< 1,000 Square Feet of Regulated Impervious Surfaces and
< 5,000 Square Feet of Proposed Earth Disturbance
|
>1,000 Square Feet of Regulated Impervious
Surfaces or >5,000 Square Feet of Proposed
Earth Disturbance
|
|
Article I, General Sections
|
Not exempt
|
Not exempt
|
Not exempt
|
|
Article II, Definitions
|
Not exempt
|
Not exempt
|
Not exempt
|
|
Not exempt
|
Not exempt
|
Not exempt
| |
|
Exempt
|
Exempt
|
Not exempt
| |
|
Article IV, SWM site plan requirements
|
Exempt
|
Exempt
|
Not exempt
|
|
Article V, Inspection
|
Exempt
|
Exempt
|
Not exempt
|
|
Article VI, Fees
|
Exempt
|
Exempt
|
Not exempt
|
|
Article VII, O&M
|
Exempt
|
Exempt
|
Not exempt
|
|
Article VIII, Prohibitions
|
Not exempt
|
Not exempt
|
Not exempt
|
|
Article IX, Enforcement and Penalties
|
Not exempt
|
Not exempt
|
Not exempt
|
|
Other erosion, sediment and pollution control requirements
|
Must comply with 25 Pa Code Chapter 102 and other applicable
and municipal codes, including the Clean Streams Law.
| ||
|
Notes
| |
|
Specific activities listed in § 302-6C 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.
| |
|
"Regulated 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.
|
C.
Exemptions for specific activities. The following specific regulated activities are exempt from the requirements of §§ 302-13, 302-16, 302-17, 302-18, 302-19, 302-20, 302-21 and 302-22, and Article IV, Article V, Article VI and Article VII of this chapter (as shown in Table 106.1), unless otherwise noted below. 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.
(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.
[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 that are consistent with a sound forest management plan as filed with the Municipality and which comply with 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 § 302-15 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 § 302-15 of this chapter, and is exempt from all other requirements of this chapter listed in this Subsection C. 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.
(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.
D.
Modified requirements for small projects. Regulated activities that involve more than 1,000 square feet but less than 2,000 square feet of regulated impervious surfaces and more than 5,000 square feet but less than 10,000 square feet of proposed earth disturbance may apply the modified requirements presented in the "Simplified Approach to Stormwater Management for Small Projects" (Appendix A) to comply with the requirements of §§ 302-13, 302-16, 302-17, 302-18, 302-19, 302-20, 302-21 and 302-22, and Article IV, Article V, Article VI and Article VII of this chapter (as shown in Table 106.2). The applicant shall first contact the Municipal Engineer: 1) to confirm that the proposed project is eligible for use of the simplified approach and is not otherwise exempt from these ordinance provisions; 2) to determine what components of the proposed project are to be considered as impervious surfaces; and 3) to determine if other known site or local conditions exist that may preclude the use of any techniques included in the "Simplified Approach." Appendix A[1] 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. Infiltration
testing for projects using the Simplified Approach is recommended
but is not required by this chapter. All other provisions of this
chapter shall apply.
|
Table 106.2
Thresholds for Regulated Activities Eligible for "Modified"
Requirements for Provisions of Chapter Listed Below
| |
|---|---|
|
Chapter Article/Section
| |
|
Article I, General
|
All provisions apply
|
|
Article II, Definitions
|
All provisions apply
|
|
All provisions apply
| |
|
Article IV, SWM site plan
| |
|
Article V, Inspection
| |
|
Article VI, Fees
| |
|
Article VII, O&M
| |
|
Article VIII, Prohibitions
|
All provisions apply
|
|
Article IX, Enforcement
|
All provisions apply
|
|
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.
|
|
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 the modified requirements of § 302-6D and/or E are met to the satisfaction of the Municipality; all other provisions of this chapter apply.
|
[1]
Editor's Note: Said appendix is included as an attachment to 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 activities involving proposed new or expanded impervious surfaces associated with agricultural activities are exempt from the requirements of §§ 302-13, 302-16, 302-17, 302-18, 302-19, 302-20, 302-21 and 302-22, and Article IV, Article V, Article VI and Article VII of this chapter (and listed in Table 106.2) only when it has been demonstrated to the satisfaction of the Municipality that the proposed project will comply with all of the requirements listed below. The applicant shall be required to submit to the Township a sketch plan showing the dimensions of any proposed building, which sketch shall also include the proposed new or expanded impervious surface and vehicle parking and movement area. The sketch shall also show any proposed BMPs and any point of discharge of runoff. The Township shall review the sketch for compliance with the section and inform the applicant within 15 days of the submission that it either agrees that the project is exempt, more information is needed, or the project is not exempt under this section. All other provisions of this chapter shall apply. To be eligible for exemption from the Chapter provisions stated above, the proposed regulated activity shall:
(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 Chapter 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;
(6)
Be designed so that any point of discharge of runoff from the proposed
new or expanded impervious surface (excluding vehicle movement area):
(7)
Either 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
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; and
(8)
Not be eligible for exemption if an NPDES permit is required.
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.
Nothing in this chapter shall be construed to affect any of the Municipality's
requirements regarding stormwater matters that do not conflict with
the provisions of this chapter, such as local stormwater management
design criteria (e.g., inlet spacing, inlet type, collection system
design and details, outlet structure design, etc.). The requirements
of this chapter shall supersede any conflicting requirements in other
municipal ordinances or regulations.
A.
For all activities requiring submittal of a stormwater management
(SWM) site plan that involve 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
B.
For all other activities, before issuing a grading permit for a project, the Township may require a cash bond or corporate surety bond in a form satisfactory to the Township Board of Supervisors 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 adjourning properties plus an amount for inspection, engineering, legal and an amount for contingencies, including any damages occurring on or off the development site. Said bond may be combined with a bond filed under Chapter 315, Subdivision and Land Development. Each bond shall be maintained and renewed annually and 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 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 maintenance
bond 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 a 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 Township to a 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 a developer falls to post the additional
security in the time period provided herein, said failure shall be
tantamount to a failure to complete and Township shall be entitled
to all remedies provided by law, including all remedies set forth
in Township ordinances.
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 approval plan.
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 Subsections B and C of this section.
B.
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 modification
will not be contrary to the public interest and that the purpose and
intent of the Chapter is observed. Cost or financial burden, by itself,
shall not be considered a hardship. 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.
A request for modification shall be in writing and accompany the SWM
site plan submission. The 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.
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 West Vincent Township unless exempt under § 302-6. 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, unless exempt.
(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,
unless exempt.
(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, unless exempt.
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 § 302-10F hereof upon issuance of the grading permit.
(2)
The applicant should consult Chapter 390, Zoning, the Comprehensive Plan, and Chapter 315, 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 § 302-10C 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 § 302-6D. Modified requirements for small projects, or § 302-6E, Modified requirements for agricultural structures, the following shall be submitted:
(a)
A completed copy of a grading permit application;
(b)
Application fee as established by Township resolution; and
(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 § 306-6D, Modified requirements for small projects,
or § 306-6E, Modified requirements for agricultural structures,
the following shall be submitted:
(a)
A completed copy of a grading permit application;
(b)
Application fee as established by Township resolution;
(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.
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.
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.
(3)
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.
(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 involved
with work related to a grading permit, 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 regulated 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.
(6)
All graded surfaces shall be seeded, sodded, planted or otherwise
protected from erosion within four days 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.
(12)
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.
