[HISTORY: Adopted by the Board of Supervisors of the Township of
Upper Frederick 4-14-1988 by Ord. No. 88-2.
Amendments noted where applicable.]
[Amended 8-13-1998 by Ord. No. 98-4]
This chapter shall be known and may be cited as the "Soil Erosion, Sedimentation
and Grading Control Ordinance," implementing Title 25, Rules and Regulations,
Pt. I, Commonwealth of Pennsylvania, Department of Environmental Protection,
Subpart C, Protection of Natural Resources, Article II, Water Resources, Chapter
102, Erosion Control.
The purposes of this chapter are to regulate the modification of the
natural terrain, the alteration of drainage, and to provide for certain erosion
and sediment control measures within the Township of Upper Frederick, to assure
and safeguard health, safety, ecology and the general welfare in Upper Frederick
Township.
From and after the effective date of this chapter, any subdivision and/or land development approved under the Chapter 240, Subdivision and Land Development or Chapter 285, Zoning, any new construction or installation of a new structure, any change in use, or activity qualified under §§ 219-6 and 219-7 herein, shall be in conformity with this chapter, subject to compliance with and in conjunction with the Montgomery County soil and erosion control regulations. In the event of a conflict between this chapter and the floodplain regulations, the floodplain regulations shall take precedent.
As used in this chapter, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
An azonal great group of soils developed from transported and relatively
recently deposited material (alluvium), characterized by a weak modification
(or none) of the original material by soil-forming processes.
Process of earth moving by excavating part of an area and/or using
excavated material from embankment or fill areas.
The slope of a road, channel or natural ground.
The finished surface of a canal bed, roadbed, top of embankment or bottom
of excavating; any surface prepared for the support of construction-like paving
or laying a conduit.
To finish the surface of a canal bed, roadbed, top of embankment or
bottom of excavation.
That portion of the precipitation and a drainage area or watershed
that is discharged from the area in stream channels; types include surface
runoff, groundwater runoff or seepage.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site of origin by air, water,
gravity or ice and has come to rest on the earth's surface, either above or
below sea level.
Degree of deviation of a surface from the horizontal usually expressed
in percent or degrees.
A condition of the soil, referring to the frequency and duration
of periods when the soil is free of saturation.
Material immediately underlying topsoil consisting of, but not limited
to, either singly or in combination, clay, sand, gravel or crushed rock, but
not including bedrock or other impervious surface, as more fully defined and
set forth in the most recently adopted and approved Montgomery County Soil
Survey exclusive of the "A" Horizon.
The topmost layer of ground cover containing humus in some concentration
capable of supporting plant growth, as more fully defined and set forth in
the most recently adopted and approved Montgomery County Soil Survey under
the designation of the A Horizon, but not including subsoil as heretofore
defined.
A natural drainage route or channel for the flow of water.
Whenever any subdivision or land development is proposed, any new construction
or installation of a new structure or other activity which results in application
to the Montgomery County Soil Conservation District and submission of a soil
and erosion control plan, a copy of said plan and final approval and/or permits
as may be granted shall be submitted to the Township prior to any activity,
construction, grading or relandscaping if the affected tract is undertaken.
The Township Engineer shall also be provided with a copy of said application,
final approval and/or permit, such as will allow full and complete review
of the proposal as completed. The Township Engineer shall have full and complete
authority to inspect the activities undertaken at said site, including the
full right of ingress and egress to the property, and shall have the authority
to terminate, stop or suspend activities or conduct not in compliance with
such approvals and/or permits as may be issued.
A.
A plan is required showing how resulting erosion and
sediment shall be controlled whenever:
(1)
Any subdivision and/or land development approved under Chapter 240, Subdivision and Land Development.
(2)
Any new construction or installation of a new structure.
(3)
Any change in use which causes the landscape to be permanently
disturbed as to either or contours, soil or slope characteristics or vegetation.
(4)
Any ground cover that is to be permanently removed.
Except for those situations which have been approved by issuance of a permit by the Montgomery County Soil Conservation District, as set forth in § 219-5, and those activities exempted by § 219-8, the following activities require a grading permit:
A.
Modifying, disturbing, blocking, diverting or otherwise
adversely affecting the natural overland or subsurface flow of stormwater.
B.
Construction, erection or installation of any drainage
dam, ditch, culvert, drain pipe, bridge or any other structure or obstruction
affecting the drainage of any premises.
C.
Paving, filling, stripping, excavating, grading or regrading
of any land.
D.
Disturbing the landscape, vegetation or any ground cover
by any proposal involving an area in excess of 25,000 square feet.
The following activities require no grading permit:
A.
Improvements, such as erection of retaining walls, driveway
paving, minor regrading or activities on a property which do not adversely
affect the natural overland or subsurface flow of stormwater, drainage of
any premises or adversely disturb the landscape.
B.
Farming, gardening, lawn installation or lawn restoration,
but not including sod farming.
C.
Work within the ultimate right-of-way of a public street
or alleyway to be offered for dedication or previously ordained by the Township,
county or commonwealth, or any park, playground, recreation area or open space
dedicated to and accepted by the Township, county or commonwealth.
A.
Any person, firm or corporation proposing to engage in
an activity requiring a grading permit hereunder shall apply by the submission
of a plan.
C.
A separate plan shall be required for each grading permit.
D.
Five copies of the proposed plan, including specifications
and development schedules, shall be submitted to the Zoning Officer for a
grading permit. The Zoning Officer shall forward one copy of the plan to the
Planning Commission, and one copy to the Upper Frederick Township Engineer.
A.
The plan for a grading permit shall include:
(1)
A map or maps describing the topography of the area,
the proposed alternation to the area, and the erosion and sedimentation control
measures and facilities.
(2)
A narrative report describing the project and giving
the purpose and the engineering assumptions and calculations for control measures
and facilities.
B.
The maps and narrative shall include, but not be limited
to, a general description of the project noting stormwater handling, sedimentation
control, anticipated for the project, and the training accelerated erosion
control, beginning and ending dates and experience of the person preparing
the plan, along with the method of calculation of runoff, the factors considered
in such calculations and provisions for safe disposal. The map should describe
and locate topographic features including boundary lines of the project area,
acreage, contours at appropriate intervals to adequately describe the topography,
location of the project relative to highways or other identifiable landmarks
and streams, lakes, ponds or other bodies of water within/or in the vicinity
of the project, and any other physical features, including scale and north
arrow. The map shall also specify soil types as would be noted in a soil survey
by name, depth, textural or areal extent, along with proposed changes to land
surface and vegetative cover which will note contours of finished areas, types
of temporary and permanent control measures and facilities, their location
and dimensions. The narrative shall include a description of the maintenance
program for the control facilities and appropriate design considerations and
calculations for both temporary and permanent control measures and facilities.
In addition to the requirements of § 219-10, and where deemed necessary by the Township Engineer and the Board of Supervisors, the applicant shall submit with the plan a detailed drainage study prepared by a registered professional engineer or land surveyor licensed in the commonwealth. This study shall include:
A.
A plan of the property showing the location of all present
and proposed ditches, streams, pipes and other drainage structures and proposed
cuts and/or fills. In addition to showing present elevations and dimensions,
and location and extent of all proposed grading and/or drainage, the plan
shall clearly indicate all woodlands, buildings, parking areas and driveways.
Further, the plan shall indicate the present and proposed sources, storage
and disposition of water being channeled through or across the premises, together
with elevations, gradients and maximum flow rates. The plan shall describe
the work to be performed and the disposition of cut and/or fill, the materials
to be used and the manner or method of performance, including provisions for
protecting and maintaining existing drainage facilities, whether on public
or private property. The applicant shall also supply the supporting data for
the plan as developed by the engineer.
B.
Calculations to determine runoff, which shall be based
on the Soil-Cover Complex Method, a description of which is available from
the U.S.D.A. Soil Conservation Service and outlined in the "Erosion and Sediment
Control Handbook," Montgomery County, Pennsylvania.
(1)
The design criteria for storm systems within a subdivision
shall be designed for a twenty-five-year frequency storm; culverts across
roadways shall be designed for a fifty-year storm; open watercourse or swales
shall be designed for a one-hundred-year frequency storm, as prescribed in
accordance with the following:
(a)
The coefficient of runoff used for all areas upstream
of any drainage structure shall be computed on the basis of existing land
use and the projected land use for the site in question.
(b)
The following provisions apply to the carryings and disposal
of stormwater runoff:
[1]
All drainage facilities shall be designed to carry surface
water in such a manner as to prevent erosion or overflow.
[2]
The applicant shall agree to the granting and recording
of easements covering the installation and maintenance of drainage facilities.
[3]
The rate of runoff shall be no greater during and after
a two- , five- , ten- , twenty-five- and fifty-year frequency
storm when the development is completed than that which existed before the
development began, and appropriate measurements of calculations shall be provided
to verify such provisions.
C.
A soils investigation report, if load-bearing fill is
proposed, which shall consist of test borings, laboratory testing and engineering
analysis to correlate surface and subsurface conditions with the proposed
grading plan. The results of the investigation shall be presented in a report
by a registered professional soils engineer and shall include data regarding
the nature, distribution and supporting ability of existing soils and rocks
on the site, conclusions and recommendations to insure stable soil conditions
and ground water control, as applicable. The Township of Upper Frederick may
require such supplemental reports and data as is deemed necessary by the Township
Engineer. Recommendations included in such reports and approved by the Township
Engineer shall be incorporated in the plan or specifications. In addition:
(1)
Fills toeing out on natural slopes steeper than four
horizontal to one vertical shall not be made unless a report is received which
is deemed acceptable by the Township Engineer and approved by the Board of
Supervisors. The report shall be made by a registered professional soils engineer
certifying that he has investigated the property, made soils tests and that,
in his opinion, such steeper slopes will safely support the proposed fill.
(2)
Natural and/or existing slopes exceeding five horizontal
to one vertical shall be benched or continuously stepped into competent materials
prior to placing all classes of fill.
Upon the approval of the plan by the Township Engineer, the Code Enforcement
Officer shall issue the necessary grading permit.
Except for those activities exempted by § 219-8, the following standards shall apply to all activities permitted or allowed under §§ 219-5 and 219-7 of this chapter:
A.
Notwithstanding any provision of this chapter, or any
condition of the grading permit, the permittee is responsible for the prevention
of damage to other property or personal injury, which may be affected by the
activity requiring a grading permit.
B.
No person, firm or corporation shall modify, fill, excavate,
pave, grade or regrade land in any manner so close to a property line as to
endanger or damage any adjoining street, alley or any other public or private
property without supporting and protecting such property from settling, cracking,
erosion, sediment, flooding or any damage or personal injury which might result.
C.
Notwithstanding any other term or provision of this chapter,
no person, firm or corporation shall cause or allow to be removed greater
than 50% of the existing topsoil from any site, and in no event shall the
topsoil existing on any site be reduced to less than a depth of six inches,
as measured from the underlying subsoil, except as may be modified by the
Township Engineer by issuance of a conditional permit, which permit shall
be issued to modify the terms of this chapter only based upon sound engineering
practices and subject to appeal by any party in interest, including the applicant,
the Township, by and through the Planning Commission, or any other interested
or affected party filing an appeal, to be heard by the Township Board of Supervisors
in the same manner as an application or petition to rezone. Further, it is
the intention of this chapter to achieve conservation of both topsoil and
subsoil in such a manner that disturbance of the subsoil will achieve a balance
on each and every disturbed site resulting in the removal of no subsoil; however,
no more than 800 cubic yards of subsoil per disturbed acre may be removed
from any site to be relocated on a site or area not part of the proposed development
and in single and common deed with the disturbed area, except as this section
may be modified by the Township Engineer by issuance of a conditional permit,
which permit shall be issued to modify the terms of this chapter only based
upon sound engineering practices and subject to appeal by any party in interest,
including the applicant, the Township, by and through the Planning Commission
or any other interested or affected party filing an appeal, to be heard by
the Township Board of Supervisors in the same manner as an application or
petition to rezone.
D.
No person, firm or corporation shall deposit or place
any debris or any other material whatsoever, or cause such to be thrown or
placed in any drainage ditch or drainage structure, in such a manner as to
obstruct free flow.
E.
No person, firm or corporation shall fail to adequately
maintain, in good operating order, any drainage facility on his premises.
All drainage ditches, culverts, drain pipes and drainage structures shall
be kept open and free-flowing at all times.
F.
The owner of any property on which any work has been
done pursuant to a grading permit granted under this chapter shall continuously
maintain and repair all graded surfaces and anti-erosion devices, retaining
walls, drainage structures or means and other protective devices, plantings
and ground cover, installed or completed. The Township of Upper Frederick
is responsible for maintenance and repair within the right-of-way of municipal
roads.
G.
All graded surfaces shall be permanently seeded, sodded
and/or planted or otherwise protected from erosion within 30 days, weather
permitting, and shall be tended and/or maintained until growth is well established.
The disturbed area and duration of exposure shall be kept to a minimum using
temporary erosion and sediment control measures immediately, as outlined in
the "Erosion and Sediment Control Handbook," Montgomery County, Pennsylvania.
H.
All trees in an area of extreme grade change shall be
protected with suitable tree wells, unless the necessity for removal is established.
Precautions shall be taken to prevent the unnecessary removal of trees.
I.
When required, adequate provisions shall be made for
dust control measures as are deemed acceptable by the Township Engineer.
J.
All plans and specifications submitted for a grading
permit shall include provisions for both interim (temporary) and ultimate
permanent erosion and sediment control. The design, installation and maintenance
of erosion and sediment control measures shall be accomplished in accordance
with standards and specifications established by the County Soil Conservation
District, as adopted from standards and specifications of the United States
Soil Conservation Service, and as outlined in the then applicable and current
handbook of administrative regulations or guidelines, as may be adopted and
enacted by the County Soil Conservation District.
(1)
Technical standards for the design and installation of
erosion and sediment control measures are on file with the Township of Upper
Frederick, the Office of the County Conservation District and other governmental
agency offices.
(2)
Standards and specifications adopted for the purposes
of this chapter and by the County Conservation District include, but are not
limited to, the following basic conservation measures:
(a)
Temporary cover critical areas.
(b)
Permanent grass and legume cover for critical areas on
prepared seedbed.
(c)
Permanent grass and legume cover for critical areas on
unprepared seedbed.
(d)
Sodding.
(e)
Mulching.
(f)
Temporary diversion.
(g)
Permanent diversion.
(h)
Grassed waterway or outlet.
(i)
Grade stabilization structure.
(j)
Debris basin.
(k)
Drain.
(l)
Drainage — mains or laterals.
K.
A quality control program is critical for fills; therefore,
wherever fill material is to be used, the person, firm or corporation shall
be responsible for testing to determine its dry density as per ASTM D1556.
It is recommended that the density of any load-bearing layer supporting or
to be incorporated in a road surface, detention basin or erosion swale shall
be not less than 90% of maximum density.
Except for those situations requiring approval by the Montgomery County Soil Conservation District, as set forth in § 219-5, and those activities exempted by § 219-8, the following standards shall apply:
A.
All inspections shall be the responsibility of the Township
Engineer or, in his absence, a qualified person acceptable to the Township
Engineer and Upper Frederick Township.
B.
Inspections will be carried out on a random basis, except
as stated below. However, a set of "as built" plans shall be on file at the
site and authenticated by a registered professional engineer. When it is deemed
acceptable to the Township Engineer, a designated qualified person may authenticate
the "as built" plans, and will assume full responsibility for the quality
of work.
C.
Any and all as-built plans shall be available on the
site at all times and be subject to inspection and inquiry.
D.
Engineering check notes shall accompany all as-built
plans which involve structural or mechanical measures, and shall serve as
supporting evidence that structures meet design standards and specifications
specified herein.
E.
A final inspection shall be conducted by the Township
Engineer to certify compliance with this chapter. Satisfactory compliance
with this chapter shall be necessary before issuance of an occupancy or use
permit.
Permittees shall bear all costs of inspections required or permitted
hereunder, and shall deposit with Upper Frederick Township such sums as the
Board of Supervisors shall determine to guarantee payment of the costs of
such inspections. The costs of inspections shall be in accordance with the
established schedule of fees and collection procedure for matters pertaining
to this chapter.
The fee for a grading permit shall be fixed by resolution of the Board
of Supervisors from time to time.
[Amended 8-13-1998 by Ord. No. 98-4]
Any person, firm or corporation who shall violate any provision of this
chapter, upon conviction thereof in an action brought before a District Justice
in the manner provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this chapter continues or each section of this chapter which shall be found
to have been violated shall constitute a separate offense.
In addition to the penalties as set forth in § 219-17, any movement of the landscape, vegetation or any ground cover performed in violation of this chapter shall be restored to its previous condition, including replacement of excavated earth, removal of illegally placed fill and restoration of grades and planting.
