[Amended 6-15-1988 by Ord. No. 3098]
A. General requirements.
(1) Minimum grading. The maximum bare area (without vegetative
cover) shall not exceed 25% of the total area at any one time. This
requirement shall apply only if the total area, before subdivision
or land development, is greater than four acres.
(2) The maximum time of exposure for bare areas shall
be 20 days before stabilization measures must be implemented.
(3) Fording of live streams or travel in their beds by
mechanized equipment is not permitted; bridges or culverts shall be
used when crossing streams is necessary.
(4) Roads and parking areas, in active construction areas,
shall be completed (except for wearing course) before building construction
is permitted. The binder course shall be repaired and regraded to
grade before installing wearing course near the end of the project
construction. Any regulated activity which would create 1,500 square
feet or less of additoinal impervious cover is exempt from the stormwater
management provisions of this ordinance. This criteria shall apply
to the total proposed development, even if development is to be phased.
Additonal impervious cover shall include any roof, parking area, driveway
area and any new streets and sidewalks constructed as part of or for
the proposed regulated activity. Any areas initially to be gravel,
crushed stone, etc., shall be assumed to be impervious for the purposes
of the waiver criteria.
[Amended 11-17-1999 by Ord. No. 3546]
(5) Temporary erosion control measures may be removed
only after the construction area and contained silt is stabilized
and the lawn area established.
(6) All newly graded slopes four to one (25%) or over
shall be sodded or stabilized with erosion control netting.
(7) A routine end-of-day check shall be made during construction
to make sure that all control measures are working properly. All persons
engaged in land disturbance activities shall design, implement and
maintain control measures which prevent accelerated erosion and sedimentation.
There shall be no adverse discharge of the sediment or other solid
materials from the site as the result of stormwater runoff. This should
be accomplished by scheduling the construction in such a way as to
utilize new plantings and properly installed erosion control fencing
and hay bales to minimize erosion damage. This process shall be accomplished
to the satisfaction of the Township Building and Planning Department
and the Township Engineer and be shown on the plan in an outline form
to attain environmental protection.
[Amended 1-19-2002 by Ord. No. 3629]
B. Permit requirements.
(1) No person shall commence or perform any grading, excavation, fill or clearing of trees without first having obtained a grading or runoff and erosion control permit from the Township Engineer. A separate permit shall be required for each site. One permit may cover both an excavation and any fill made on the same site. A runoff and erosion control permit will be required when stormwater management calculations and plans are required pursuant to §
121-6 hereof. A grading permit will not be required for the conditions set forth below. Where neither a runoff and erosion control permit nor a grading permit are required, all other provisions of this chapter shall nevertheless apply.
[Amended 12-17-1997 by Ord. No. 3470; 7-18-2007 by Ord. No. 3821; 7-18-2012 by Ord. No. 3980]
(a)
An excavation that does not exceed three feet in vertical depth
at its deepest point, measured from the natural ground surface, or
that covers an area of more than 1,000 square feet. This exception
shall not affect the applicability of this chapter to or the requirement
for a permit for any fill made with the material from such excavation.
(b)
A fill that does not exceed 10 cubic yards of material on any
one site, or a fill that exceeds three feet in vertical depth at its
deepest point, measured from the natural ground surface, or that covers
an area of more than 1,000 square feet, provided that the surfaces
of such fills do not have a slope at any point steeper than five horizontal
to one vertical.
(c)
An excavation below the finished grade for basements and footings
of a building, swimming pool or underground structure authorized by
a building permit where the area limitations set forth in this section
have not been exceeded. This exception shall not affect the applicability
of this chapter to or the requirement for a permit for any fill made
with the material from such excavation. A permit shall not be required
for the temporary stockpiling on the same site of the material from
such excavation.
(2) Permits issued pursuant to this chapter do not relieve
the owner of the site of responsibility for securing required permits
for work to be done which is regulated by any other applicable code,
rules, statutes, regulations or ordinances. This chapter shall not
preclude the inclusion in such other permit of more stringent requirements
concerning regulation of runoff and erosion.
(3) Application for permit. A written application from
the owner of the site or his authorized representative, in the form
prescribed by the Township Engineer, shall be required for each permit.
No permit shall be transferable without the written consent of the
Township Engineer. The permit application shall be accompanied by
six copies of the runoff and erosion control plans and specifications,
which shall meet as a minimum the standards and specifications required
by the Montgomery County Soil and Water Conservation District and
the Township Design and Construction Standards Manual, which shall
be available to the public for inspection at the office of the Township
Engineer, from whom copies of all or any part thereof may be obtained
at the rate of $0.10 per page. The Erosion and Sediment Control Design
Standards are hereby incorporated by reference in this chapter and
shall be as much a part of this chapter as if it were fully set forth
herein; provided, however, that said handbook may be amended from
time to time by ordinance of the Township of Lower Merion.
[Amended 7-18-2007 by Ord. No. 3821]
(4) Any regulated activity which would create 1,500 square
feet or less of additional impervious surface is exempt from the stormwater
management provisions of this chapter. This criteria shall apply to
the total proposed development even if it is to be phased.
[Added 11-17-1999 by Ord. No. 3546]
(a)
This exemption shall not apply to any property
where more than 75% of the principal building area is being demolished;
or, for properties with no principal building, where more than 50%
of existing impervious coverage is removed and replaced with new impervious
surfaces. In such cases the existing impervious surface on the property
shall be considered as meadow for the purpose of calculating stormwater
runoff required by this chapter.
[Added 1-19-2005 by Ord. No. 3734; amended 3-15-2023 by Ord. No. 4262]
(b)
The Township Engineer may authorize a reduction
in the size of the stormwater management system if the installation
of the stormwater management system will result in the removal of
large trees or a large number of smaller trees, or where the Township
Engineer determines that it is not feasible due to site constraints
that would limit compliance.
[Added 1-19-2005 by Ord. No. 3734]
(c)
Exemption criteria for permits.
[Added 7-18-2007 by Ord. No. 3821]
[1]
Exemption responsibilities. An exemption shall
not relieve the applicant from implementing such measures as are necessary
to protect public health, safety, and property. Adequate erosion controls
must always be provided.
[2]
Emergency exemption. Emergency maintenance work
is that required to be performed immediately for the protection of
public health, safety, and welfare. A written description of the scope
and extent of any emergency work performed shall be submitted to the
Township Building Department within two days of the commencement of
the activity. If the Township finds that the work is not an emergency,
then the work shall cease immediately and the requirements of this
article shall be addressed as applicable.
[3]
Maintenance exemption. This exemption is provided
for any routine maintenance to an existing stormwater management system
made in accordance with plans and specifications approved by the Township
Engineer. Any replacement of an existing seepage bed or stormwater
basin must be coordinated with the Township so that necessary inspections
can be performed.
[4]
Even though a property owner or developer is
exempt from permit requirements, he is not relieved from complying
with other applicable regulations and codes.
[Amended 10-18-1978 by Ord. No. 1833; 6-15-1988 by Ord. No.
3098]
The applicant shall submit stormwater management
by Ord. No. 3098 and erosion and sediment control plans which shall
contain but are not limited to the following:
A. The date, name, address and telephone number of the
preparer(s) of plans or each portion thereof; the owner of the site;
and lot, block, tract or street address or similar description which
identifies and locates the proposed work.
B. Certification from the preparer(s) of the plan, who shall be registered professional engineers or other registered professional(s) qualified by background and experience in runoff and erosion control design and computation, attesting to the completeness and correctness of existing conditions as shown, to the compliance of all proposed earthmoving and other work with all of the requirements of this chapter, except for specific waivers or modifications as listed, and that the proposed measures will meet, as a minimum, the standards and specifications contained in the Erosion and Sediment Control Handbook as incorporated in this chapter by §
121-5B(3).
C. A clear and definite delineation of the limits of
work and the areas to remain undisturbed, along with a statement of
the area, in square feet, of the total site and of the areas to remain
undisturbed which currently have an effective runoff- and erosion-resistant
ground cover or surface.
D. A narrative report describing the project and giving
the purpose. The engineering assumptions and calculations for control
measures and facilities shall include a hydrologic data sheet. The
hydrologic data sheet shall include but not be limited to:
(1) Watershed area in acres and slope in percentages.
(2) Weighted soil cover complex numbers.
(3) Peak discharge rates in cubic feet per second and
velocities in feet per second for emergency spillways and outlet structures.
(4) Total storage capacity in cubic feet.
(5) A plan showing the effective watershed.
(6) Inflow and outflow hydrographs for all detention/retention
facilities.
E. A clear and definite delineation, with dimensions
and locations, for all proposed fill.
F. Existing topography and proposed finished grade, including
that for restoration of borrow pits and open-pit mines, and site work,
with contours at two-foot intervals, drawn at a scale of one inch
to 20 feet to 40 feet of the entire site, plus a minimum twenty-foot
adjacent peripheral strip or as might otherwise clearly reflect existing
conditions and proposed earthmoving and other work, provided that
such other interval and scale has the Township Engineer's approval
in advance of plan preparation.
G. Established or, in the case of new subdivisions, approved
tentative street grades (elevations).
H. Size, location and construction details of all existing
and proposed surface structures and storm drainage facilities; the
location, species and size in diameter of trees two feet above the
ground, alone and in groves, or street shade trees; and other site
work.
I. Planting plan, in accordance with §
121-4D and the Natural Features Conservation Code, Appendix Chapter
A177.
[Added 5-17-1989 by Ord. No. 3155]
J. A timing schedule and sequence indicating the anticipated
starting and completion dates of the development sequence. The schedule
must include:
(2) Stripping, stockpiling and stabilizing of topsoil
to a depth of six inches.
(3) Rough grading and construction.
(4) Final grading and vegetative establishment.
(5) Exposure time of each area prior to the completion
of effective runoff and erosion control measures.
(6) Maintenance to time of occupancy permit.
(7) A description and clear and definite delineation of
the interim and permanent runoff and erosion control facilities and
measures to be provided.
(8) The estimated cost of the earthmoving and/or filling
and the cost of the required runoff and erosion controls.
(9) A planting schedule.
[Added 5-17-1989 by Ord. No. 3155]
All fills shall be compacted to provide stability
of material and to prevent undesirable settlement. The fill shall
be spread in a series of layers, each not exceeding 12 inches in thickness,
and shall be compacted by a sheepsfoot roller or other approved method
after each layer is spread. The Township Engineer may require tests
or other information if, in his opinion, the conditions or materials
are such that additional information is necessary.
The top or bottom edge of slopes shall be at
least three feet from property or right-of-way lines of streets in
order to permit the normal rounding of the edge without encroaching
on the abutting property. At property lines where walls or slopes
are steeper than one to one and are six feet or more in height, they
shall be protected by a substantial fence three feet or more in height.
Before a permit is issued, a bond may be required to guarantee the
protection of steep slopes.
[Amended 7-18-2007 by Ord. No. 3821]
A. The following permit requirements from other agencies,
as applicable, must be met prior to commencement of regulated earth
disturbance activities in the Township:
(1) All regulated earth disturbance activities subject
to permit requirements of DEP under regulations at 25 Pennsylvania
Code, Chapter 102.
(2) Work within natural drainageways subject to permit by DEP under 25 Pennsylvania Code Chapter
105.
(3) Any stormwater management facility that would be located in or adjacent to surface waters of the commonwealth, including wetlands, subject to permit by DEP under 25 Pennsylvania Code Chapter
105.
(4) Any stormwater management facility that would be located
on a state highway right-of-way or require access from a state highway
shall be subject to approval by PennDOT.
(5) Culverts, bridges, storm sewers, or any other facilities which must pass or convey flows from the tributary area and any facility which may constitute a dam subject to permit by DEP under Pennsylvania Code Chapter
105.
B. No regulated earth disturbance activities shall commence
until the Township receives the required approval from the responsible
agency.
C. No building permit will be issued on a site requiring
an NPDES construction permit until evidence is provided to the Township
that the permit for the regulated activity has been issued. If an
NPDES permit for stormwater discharges associated with construction
activities was required for the regulated activity, approval of the
notice of termination (NOT) must be obtained upon completion of construction
prior to final approval of the project by the Township.
[Amended 3-15-2023 by Ord. No. 4262]
Major modifications of the approved application
and plans shall be submitted to the Township Engineer and reprocessed
in the same manner as the original application and plans. Field modifications
of a minor nature may be authorized by the Township Engineer, provided
that written authorization is given to the person performing work
pursuant to this chapter, with a copy forwarded to the Montgomery
County Soil and Water Conservation District.
[Amended 9-21-1977 by Ord. No. 1802]
The applicant shall pay a fee for each site
as set forth in the Township Schedule of Fees, as adopted and amended
from time to time by the Board of Commissioners.
[Amended 12-17-1997 by Ord. No. 3470]
In granting any permit, the Township Engineer
may attach such conditions thereto as he may deem reasonably necessary
to prevent danger to public or private property or any sewer, storm
drain or watercourse, or to prevent the operation from being conducted
in a manner hazardous to life or property, or in a manner likely to
create a nuisance. Such conditions may include, but are not limited
to, the erection or installation of walls, drains, dams and structures,
plantings and vegetation, runoff and erosion control measures or devices,
furnishing necessary easements and a specified method of performing
work. No runoff and erosion control permit shall be issued until a
runoff and erosion control plan is approved by the Township Engineer
and the developer certifies that all earthmoving, grading and filling
shall be performed pursuant to the runoff and erosion control plan.
The runoff and erosion control plan shall be a condition of the permit.
No person shall violate any such conditions so imposed.
Every permit shall expire by limitation and
become null and void if the work authorized by such permit has not
been commenced within six months or is not completed within one year
from the date of issue, provided that the Township Engineer may, if
the permit holder presents satisfactory evidence that unusual difficulties
have prevented work from being started or completed within the specified
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 permit.
Any permit issued under this chapter may be
revoked or suspended by the Township Engineer, after notice, for:
A. Violation of any condition of the permit.
B. Violation of any provision of this chapter or any
other applicable law, ordinance, rule or regulation relating to the
work.
C. Existence of any condition or the doing of any act
constituting or creating a nuisance or hazard or endangering human
life or the property of others.