A.
Soil erosion and sedimentation control. The landowner, person and/or entity performing any earthmoving (as defined by this chapter) shall comply with the following requirements and shall obtain a zoning permit from the Township:
(1)
Where topsoil is removed, sufficient arable topsoil shall be set aside for respreading over the affected area. Upon the completion of operations, such topsoil shall be respread over the affected area to a minimum thickness of two inches or in conformance with an approved soil rehabilitation plan which specifies the proposed thickness of the respread layer of topsoil.
(2)
Stripping of vegetation, regrading or other earthmoving shall be done in such a way that will minimize erosion. The earthmoving performed shall preserve salient natural features, keep cut and fill operations to a minimum and ensure conformity with existing topography so as to create the least erosion potential and to adequately handle the volume and velocity of surface water runoff.
(3)
Wherever feasible, natural vegetation (other than noxious weeds) shall be retained, protected and supplemented [as amended by the State Noxious Weed Control List, including the following: Mile-a-Minute, Kudzu vine, Bull thistle, Musk (Nodding) Thistle, Shattercane, Jimsonweed, Canada Thistle, Johnsongrass, Multiflora Rose, Marijuana, Purple Loosestrife, and Chicory].
(4)
The disturbed land area and the duration of exposure shall be kept to a practical minimum.
(5)
Temporary vegetation or mulching shall be used to protect exposed critical areas during the earthmoving process. Critical areas shall generally include slopes over 15%, wetlands and areas within 50 feet of a bank of a waterway.
(6)
The permanent (final) vegetation and all structural erosion control and drainage measures, if any, shall be installed as soon as practical in the earthmoving area.
(7)
Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after the performance of the earthmoving. Where necessary, the rate of surface water runoff shall be structurally retarded.
(8)
Sediment in the runoff water shall be trapped until the disturbed land area is stabilized by the use of debris basins, sediment basins, silt traps or other similar measures. See stabilization requirements of the LCCD and standards in the Erosion and Sedimentation Pollution Control Manual.
(9)
The deposit or tracking of any mud, of soils, detritus or other debris in or on any surrounding properties, public or private streets, sewers, water systems (public, private or on-lot), watercourses, or wetlands as part of, due to, or resulting from any earthmoving is hereby prohibited.
(10)
All earthmoving shall comply with erosion and sedimentation control regulations of the Township.
(11)
No "earthmoving" (as defined by this chapter) and which is regulated under Subsection A(12) below shall take place unless all of the following have occurred:
(a)
The LCCD (or other agency with jurisdiction) has been provided with an opportunity to review the proposed earthmoving;
(b)
The LCCD (or other agency with jurisdiction) has either indicated that an erosion and sedimentation control plan (or similar document) for the earthmoving is either adequate or else is not necessary; and
(c)
All outside agency approvals, as applicable, have been obtained.
(12)
Each of the following earthmoving activities shall require the submission of an adequate erosion and sedimentation control plan and a zoning permit, or a Township-approved substitute:
(a)
Earthmoving involving or affecting over 5,000 square feet of horizontal surface area.
(b)
Earthmoving involving any change in elevation greater than 1.0 foot involving or affecting an area greater than 300 square feet of horizontal surface area.
(c)
Earthmoving on soils classified as having a slope of 8% or greater according to the County Soil Survey (or more detailed source) and that involves over 2,000 square feet of horizontal surface area.
(d)
Earthmoving within, involving or affecting any wetlands, as defined by state regulations.
(e)
Earthmoving involving or affecting the 100-year floodplain, as depicted on the most recent Official FEMA Flood Hazard Maps.
(f)
Earthmoving within, involving or affecting any dam or natural or man-made waterway or watercourse.
(g)
Forestry, other than routine thinning of woods.
(13)
Any earthmoving that causes a plan to be required to be submitted to the LCCD or that causes a zoning permit to be required under this chapter shall be subject to the following requirements:
(a)
The landowner and/or person or entity performing the earthmoving shall be solely responsible for timely submission to the LCCD, including payment of any required fees, completing required application forms, addressing review comments and resubmitting revisions as necessary until compliance with this chapter and state regulations is achieved.
(b)
Earthmoving shall comply with Pennsylvania state erosion control regulations.
(c)
The Zoning Officer or other responsible Township permit official may delay or suspend the issuance of a building permit, zoning permit, occupancy permit, sewage facilities permit, driveway permit or other similar Township permit until a landowner, person and/or entity performing the earthmoving is in compliance with this § 440-41. All Township permits shall be deemed to have been issued with the condition that the earthmoving regulations and plans be complied with.
(d)
If no other Township permit is involved or necessary for the proposed earthmoving to occur, then the Township shall issue a separate zoning permit after the applicant shows compliance with this § 440-41.
(e)
The following approvals/permits shall be an equivalent and acceptable substitute for a Township zoning permit, if such other approval/permit was lawfully issued and remains in effect during the earthmoving, provided that the Township shall be notified prior to the start of such earthmoving activity and is provided with a full and complete copy of said permit:
B.
Unstable slopes. Slopes that would have the serious threat of instability, in the determination of the Township Engineer, shall not be created. The Township may require that the applicant provide certification from a professional engineer that finished slopes greater than 4:1 will be stable.
C.
Drainage. The ground adjacent to a building shall be graded so that surface water will be drained away from such building. Drainage shall be directed and controlled as specified in the approved subdivision or land development plan for the lot.
D.
No grading shall be completed in such a way that soils, rocks or other debris are left in an unsightly fashion nor in a fashion that interferes with drainage, streets or utilities.
E.
Fill. Materials used for fill as a future base for construction shall be nonbiodegradable, well compacted in one-foot lifts and not end-over dumped and provide a suitable and secure base. See the state definition of "clean fill." The Township may require the submission of an erosion and sedimentation control plan and soil engineering design and plan approval prior to any placement of fill.
F.
Dumping. Outdoor dumping or burial of junk or solid waste is prohibited, except as is specifically permitted as part of an approved solid waste disposal facility, composting facility or junkyard.
G.
Stormwater control. Development shall comply with the Township Stormwater Management Ordinance (Chapter 363 of this Code) adopted pursuant to Pennsylvania Storm Water Management Act 167, as amended.[1] All stormwater controls must comply with the latest version of the Pennsylvania Best Management Practice Handbook and for any other, Pennsylvania DEP BMP Handbook for High Quality Streams.
H.
Site plan requirements for all earthmoving over 15% slopes and for all new land developments and subdivisions.
(1)
Information required. If an area of a lot including slopes of 15% or greater is proposed for construction of buildings, streets, new land developments or subdivisions, driveways or nonagricultural grading, then the applicant shall submit a site plan to the Township. Some or all of these submittal requirements may be met by including the required information from previously approved subdivision/land development plans. Such information shall be drawn at an appropriate scale (such as one inch equals 50 feet) and shall show all of the following information:
(a)
Detailed slope contours for all areas that are intended to be or that potentially may be disturbed and/or constructed upon, based upon field acquired data;
(b)
Separate identification of all areas of 15% to 25% slope, and all areas of greater than 25% slope;
(c)
Substantial areas of trees over six inches in trunk width and individual trees of over 18-inch trunk width (measured at 4.5 feet in height) and other dense vegetation proposed to be removed or preserved prior to, during or immediately subsequent to the development of the use;
(d)
Stamp of a professional surveyor, professional engineer, registered landscape architect or registered architect;
(e)
Proposed locations of principal buildings, streets, driveways, on-lot septic fields and other areas of soil disturbance (if the exact locations are not known, the outer limits of potential locations shall be shown);
(f)
Types of soil;
(g)
State the maximum slope of proposed driveways and streets and provide evidence on plans or profiles that such slope will be met;
(i)
Any requirements as stated in the preliminary plan checklist in Chapter 375, Subdivision and Land Development, of this Code;
(j)
Such data or information as the Township deems reasonably necessary to determine compliance with Township ordinances.