[HISTORY: Adopted by the Board of Supervisors of the Township of
Richland 8-21-1989 by Ord. No. 198. Amendments noted where applicable.]
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 Richland to assure and
safeguard health, safety, ecology and the general welfare in Richland Township.
From and after the effective date of this chapter, any subdivision approved under Chapter 215, Subdivision and Land Development, any new construction or installation of a new structure under Chapter 240, Zoning, or any change in use or activity qualified under §§ 204-6 and 204-7 herein shall be in conformity with this chapter, subject to compliance with and in conjunction with the Cambria County Soil and Erosion Control Regulations. In the event of a conflict between this chapter and floodplain regulations, floodplain regulations shall take precedence.
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 earthmoving by excavating part of an area and/or using
excavated material from embankment or fill areas.
The slope of a road, channels or natural ground.
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 (horizontal: vertical).
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 Cambria 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 Cambria 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 is proposed, any new construction or installation of a new structure under Chapter 240, Zoning, or other activity which results in application to the Cambria 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 of the affected tract being undertaken. The township 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 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.
Whenever any subdivision approved under Chapter 215, Subdivision and Land Development, any new construction or installation of a new structure under Chapter 240, Zoning, or any change in use which causes the landscape to be permanently disturbed as to either contours, soil or slope characteristics, vegetation or any ground cover is to be permanently removed, except as hereinafter excluded under §§ 204-7 and 204-8, and except as otherwise subject to review and approval by the Cambria County Soil Conservation District as provided under § 204-5, a plan is required showing how resulting erosion and sediment shall be controlled. This plan shall include the following:
Except for those situations which have been approved by issuance of a permit by the Cambria County Soil Conservation District as set forth in § 204-5 and those activities exempted by § 204-8, 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.
The following activities do not require a grading permit:
A.
Improvements, such as erection of retaining walls, driveway
paving or sidewalks.
B.
Farming, gardening, lawn installation or lawn restoration,
but not including sod farming.
C.
Work within the 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.
Three copies of the proposed plan, including specifications
and development schedules, shall be submitted to the Township Zoning Officer
for a grading permit. The Township Zoning Officer shall forward the plan to
the Planning Commission.
A.
The plan for a grading permit shall include:
(1)
A map or maps showing the predevelopment topography of
the area, the proposed alteration to the topography 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 are not limited
to a general description of the project, noting stormwater handling, accelerated
erosion control, sedimentation control and anticipated beginning and ending
dates for the project. The map should describe and locate topographic features
including:
(1)
Boundary lines of the project area.
(2)
Acreage.
(3)
Contours at appropriate intervals to adequately describe
the topography.
(4)
Location of the project relative to highways or other
identifiable landmarks.
(5)
Streams, lakes, ponds or other bodies of water within
or in the vicinity of the project.
(6)
Any other physical features including scale and North
arrow.
(7)
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.
(8)
Vegetative cover which will note contours of finished
areas.
(9)
Types of temporary and permanent control measures and
facilities.
(10)
Their location and dimensions.
C.
The narrative shall include the description of the maintenance
program for the control facilities, including stormwater runoff, and appropriate
design considerations and calculations for both temporary and permanent control
measures and facilities. Said map(s) shall be prepared by a registered architect,
professional engineer or registered surveyor.
In addition to the requirements of § 204-10, and where deemed necessary by the Planning Commission and the Board of Supervisors, the applicant shall submit with the plan a detailed drainage study prepared by a registered professional engineer or 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 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 or surveyor.
B.
A soils investigation report, when requested, when load-bearing
fill is proposed. This report 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 engineer and shall include data regarding
the nature, distribution and supporting ability of existing soils and rocks
on the site, conclusions and recommendations to ensure stable soil conditions
and groundwater control, as applicable. The Township of Richland may require
such supplemental reports and data as is deemed necessary. Recommendations
included in such reports and approved by the township shall be incorporated
in the plan or specifications. In addition:
(1)
Fills toeing out on natural slopes steeper than two horizontal
to one vertical shall not be made unless a report is received which is deemed
acceptable by the township and approved by the Board of Supervisors. The report
shall be made by a registered professional 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.
Upon the approval of the plan by the Planning Commission, the township
shall issue the necessary grading plan approval.
Except for those activities exempted by § 204-8, the following standards shall apply to all activities permitted or allowed under §§ 204-5 and 204-7 of this chapter:
A.
Notwithstanding any provisions 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 that
would 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 other physical 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 what may be modified by the
township 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 Zoning Hearing
Board. 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.
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 Richland is responsible
for maintenance and repair within the right-of-way of municipal roads; however,
the property owner shall be responsible for new installation or replacement
of driveway piping.
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.
H.
When required, adequate provisions shall be made for
dust control measures as are deemed acceptable by the Township Zoning Officer.
I.
All plans and specifications submitted for a grading
permit shall include provisions for both interim (temporary) and ultimate
(permanent) erosion and sediment control.
J.
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 is 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 Richland,
the office of the County Conservation District and other governmental agency
offices.
(2)
Standards and specifications adopted for the purpose
of this chapter and by the County Conservation District include but are not
limited to the following basic conservation measures:
(a)
Temporary cover on 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; and
(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 swales shall
be not less than 90% of maximum density.
Except for those situations requiring approval by the Cambria County Soil Conservation District as set forth in § 204-5 and those activities exempted by § 204-8, the following standards shall apply:
A.
All inspections shall be the responsibility of the township
or a qualified person acceptable to the 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, 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
to certify compliance with this chapter. Satisfactory compliance with this
chapter shall be necessary before issuance of an occupancy or use permit.
Any person who violates or permits a violation of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding commenced
by the township before a District Justice, pay a fine of not more than $600,
plus all court costs, including reasonable attorney's fees, incurred by the
township in the enforcement of this chapter. No judgment shall be imposed
until the date of the determination of the violation by the District Justice.
If the defendant neither pays nor timely appeals the judgment, the township
may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the township are hereby authorized to
seek equitable relief, including injunction, to enforce compliance herewith.
In addition to other remedies provided by law, Richland Township may
institute any appropriate action or proceedings to prevent any violation of
this chapter or to restrain, correct or abate such violation, or to prevent
the use of any land which is being occupied in violation of this chapter.
In addition to the penalties as set forth in § 204-15, 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.
A.
Right of appeal. The owner or developer of land, officer or agency of the township or any other person aggrieved may appeal to the Richland Township Zoning Hearing Board, pursuant to Chapter 240, Zoning, as amended, any order, requirement, decision or determination or interpretation of the Zoning Officer, Planning Commission or Township Supervisors relative to the provisions of this chapter or that the provisions of this chapter do not fully apply.
B.
Exercise of power. In exercising the above powers, the
Board may reverse or affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from and such order, requirement, decision
or determination as ought to be made and, to that end, shall have all the
powers of the officer or agency from whom the appeal was taken. Every change
granted or denied by the Board shall be accompanied by written findings of
fact based on sworn testimony and evidence, specifying the reason for granting
or denying the variation. The decision of the Board shall be made a part of
any plan approval.
C.
Procedure. In conducting hearings pursuant to this chapter, the Zoning Hearing Board shall follow the procedure as set forth in Chapter 240, Zoning, as amended.
D.
Criteria for granting variations. In determining whether
to vary the order, requirement, decision or determination appealed from, the
Board shall consider whether an equally good or better form of soil erosion
and sedimentation control is available; however, financial disadvantage of
the property owner or developer is not in and of itself sufficient evidence
of a need to permit any variation.
