[HISTORY: Adopted by the Board of Supervisors
of the Township of Franconia 9-12-1988 by Ord. No. 147. Amendments
noted where applicable.]
This chapter shall be known and may be cited
as the "Franconia Township Grading Ordinance."
The purpose of this chapter is to provide minimum
standards to safeguard persons, to protect property and to promote
the public welfare by regulating and controlling the grading, excavation
and removal or destruction of topsoil, trees or other vegetative cover
or land within the Township of Franconia.
A.
Words in the singular include the plural, and words
in the plural include the singular. The present tense includes the
future. The word "building" shall be deemed to include the word "structure."
B.
AS-BUILT
CUT
EROSION
EXCAVATION
FILL
FLOODPLAIN
GRADE
GRADING PERMIT
LAND DEVELOPMENT
(1)
(a)
(b)
(c)
(2)
(a)
(b)
QUALIFYING SITE
RUNOFF
RUNOFF FROM A FULLY DEVELOPED AREA UPSTREAM
SEDIMENTATION
SLOPE
SOIL STABILIZATION
SUBDIVISION
SWALE
TOPSOIL
WATERCOURSE
Unless otherwise expressly stated, the following words
shall, for the purpose of this section, have the meanings herein stated:
A plan prepared by a Pennsylvania-licensed professional engineer
or professional land surveyor which depicts by standard land surveying
techniques, in accordance with the standards of the Pennsylvania Society
of Land Surveyors, the true location of all structures, driveways,
walkways, utilities and other improvements or natural features present
on the property on the day of the survey. Such plan shall also depict
the contours of the land, including elevation contours, at a minimum
one-foot increment, and such spot elevations as may be needed to illustrate
thoroughly the vertical difference between buildings, driveways, utilities
and other improvements or natural features.
[Added 11-13-2001 by Ord. No. 308]
An excavation; the difference between a point on the original
ground and a designated point of lower elevation on the final grade;
also the material removed in excavation.
[Amended 11-13-2001 by Ord. No. 308]
The removal of surface materials by the action of natural
elements.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed and shall include the conditions resulting
therefrom, excluding normal agricultural activity.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, pushed, dumped, pulled, transported or moved
to a new location above the natural surface of the ground or on top
of the stripped surface and shall include the conditions resulting
therefrom; the difference in elevation between a point on the original
ground and a designated point of high elevation in the final grade;
the material used to make a fill.
That area defined in the Township Zoning Ordinance as the
Floodplain Conservation District; the floodplain definition contained
therein is made a part of this chapter by reference.
[1]The elevation of the existing ground surface at the location
of any proposed excavation or fill.
Any permit required under § 83-4 hereof.
Any of the following activities:
[Amended 3-8-1999 by Ord. No. 271]
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots, regardless of the number
of occupants or tenure; or
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of or for the purpose of streets,
common areas, leaseholds, condominiums, building groups or other features.
A subdivision of land.
A land development shall not include the following:
The conversion of an existing single-family
detached dwelling or single-family semidetached dwelling into not
more than three residential units, unless such units are intended
to be a condominium.
The addition of an accessory building, including
farm buildings, on a lot or lots subordinate to an existing principal
building.
Any lot, tract or parcel or series of lots, tracts or parcels
of land joined together where grading work is continuous and performed
at the same time.
The surface water discharge or rate of discharge of a given
watershed after a fall of rain or snow that does not enter the soil
but runs off the surface of the land.
The surface water runoff that can be reasonably anticipated
upon maximum development of that area of the watershed located upstream
from the subject tract, as permitted by prevailing zoning or the Township
Comprehensive Plan, whichever is greater.
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water or gravity. Once this matter is
deposited (or remains suspended in water), it is usually referred
to as "sediment."
The face of an embankment or cut section; any ground whose
surface makes any angle with the plane of the horizon. Slopes are
usually expressed in a percentage based upon vertical difference in
feet per 100 feet of horizontal distance or the relationship of the
horizontal distance to the vertical distance.
Chemical, physical or structural treatment of a mass of soil
to increase or maintain its stability or otherwise improve its engineering
properties.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines, for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres
not involving any new street or easement of access or any residential
dwelling shall be exempted.
[Amended 3-8-1999 by Ord. No. 271]
A low-lying stretch of land which gathers or carries surface
water runoff.
Surface soils and subsurface solids which presumably are
fertile solid and soil material, ordinarily rich in organic matter
or humus debris. Topsoil is usually found in the uppermost soil layer
called the "A horizon."
A permanent stream, intermittent stream, river, brook, creek,
channel, ditch, swale or culvert for water, whether natural or man-made.
A.
No person shall commence or perform any grading, excavation,
fill, topsoil removal or removal of vegetative cover or installation
of a paved area or impervious surface within the Township of Franconia
without first having obtained a grading permit from the Township Zoning
Officer. A separate grading permit shall be required for each site
or lot. One permit may cover both an excavation and any fill made
on the same site. A grading permit will be required for all commercial,
institutional and industrial uses. A grading permit shall also be
required for residential uses, unless covered by the exclusions noted
below. Conditions (as deemed necessary by the Township Zoning Officer
and/or Engineer) may be attached to permits issued.
A.
Every applicant for a grading permit shall file a
written application with the Township Zoning Officer, which shall
be forwarded to the Township Engineer for review. Such application
shall:
(1)
Describe the land on which the proposed work is to
be done by lot, block, tract or street address or similar description
which will readily identify and definitely locate the proposed work.
(2)
Be accompanied by plans and specifications prepared
by a Pennsylvania-registered professional engineer or professional
land surveyor, including a contour map showing the present contours
of the land and the proposed grading with other improvements to the
property, including, but not limited to, structures, driveways, walkways
and utilities. The plan shall show contours at vertical intervals
of one foot with sufficient details to show the course, structure
and capacity of all drainage facilities and the method of drainage
of the adjacent or contiguous territory. In areas included within
relatively level tracts, contours or spot elevations may be shown
at lesser intervals as may be necessary for study as determined by
the Township Engineer. In no case shall the contour interval exceed
100 feet horizontally. Permanent and recoverable benchmarks to which
contour elevations refer shall be noted. A plot plan shall show the
location of existing and proposed grading, buildings, driveways, walkways,
utilities, boundaries, lot lines and sufficient dimensions and other
data to show the location of all work; description of the type and
classification of the soil; details and location of any proposed drainage
structures and pipes, walls and cribbing, floodplains, watercourses,
existing and proposed drainage structures; nature of fill material;
and such other information as the Township Engineer may require to
carry out the purposes of this chapter. All plans shall be dated and
bear the name of the person who prepared the same with professional
seal and signature, the applicant and the owner of the land. Five
copies shall be submitted.
[Amended 11-13-2001 by Ord. No. 308]
(3)
Include a plan to be approved by the Township Engineer
for minimizing erosion and sedimentation in conformity with the requirements
of this chapter, Montgomery County Conservation District standards
and specifications and State Department of Environmental Protection
regulations. If the lot or property is part of an approved land development
plan for which the Montgomery County Conservation District has issued
an adequacy letter for erosion and sediment control or a NPDES general
permit for construction activities, the approved erosion and sediment
control plan shall be part of the grading plan by reference.
[Amended 11-13-2001 by Ord. No. 308]
(4)
State the reason for which the grading is proposed.
(5)
A stormwater and watershed management plan shall be provided in accordance
with the requirements of Article X[1] for all regulated activities over 5,000 square feet (1,000
square feet in the Neshaminy Watershed) including post-construction
stormwater management facilities with an operations and management
plan.
[Added 8-18-2014 by Ord.
No. 377]
B.
The Township Engineer may waive the requirements for
any or all plans and specifications listed above if he finds that
the work contemplated will conform to the provisions of this chapter.
A.
Before issuing a grading permit, the Township Zoning
Officer shall collect a permit fee as set forth in a resolution adopted
and amended as required by the Board of Supervisors.
B.
Each applicant shall be required to execute an appropriate
agreement to provide escrow funds and to be responsible for additional
billings in excess of such funds for the payment of:
(1)
Professional services: the services of the Township
Engineer and/or Solicitor provided in these rules and regulations;
in addition, all costs for other engineering, legal and professional
certifications as deemed necessary.
(2)
Material and facilities tests: the actual cost of
all drainage, water and/or material tests.
(3)
Inspection: all costs of the Township Inspector at
the current hourly rate while engaged on the project.
(4)
Dedication: legal fees, advertising and other costs
involved in the dedication of public improvements to the township.
C.
The applicant shall guarantee for a period of 18 months
all improvement work required. Any poor or inferior materials and/or
workmanship as determined by the Township Engineer shall be promptly
remedied. When notified to do so by the Township Engineer, the applicant
shall secure the guaranty as herein required by providing a maintenance
bond or the deposit of funds in escrow in an amount equal to 15% of
the total grading project costs.
Every grading 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, however, that the Zoning Officer
may, if the permit holder presents satisfactory evidence that unusual
difficulties have prevented work being started or completed within
the specified time limits, grant reasonable extensions of time, provided
that the application for extension of time is made before the date
of expiration of the permit.
A.
The Township Zoning Officer shall deny a grading permit
upon recommendation of the Township Engineer where, in their opinion,
the work as proposed by the applicant may endanger any property or
any street or alley or fails to meet township standards. In determining
whether the proposed work is likely to endanger any property or streets
or alleys or create hazardous conditions, the Township Engineer/Zoning
Officer shall give due consideration to possible saturation by rains,
earth movements, runoff of surface waters and subsurface conditions
such as the stratification and faulting of rock and the nature and
type of the soil or rock.
B.
The Board of Supervisors shall promptly consider appeals
from the provisions of this section or from the determinations of
the Township Engineer and/or Zoning Officer, and the Board shall make
determinations of alternative methods, standards or materials when,
in its opinion, strict compliance with the provisions of this chapter
is not necessary. Any applicant or permit holder shall have the right
to appeal to any court of competent jurisdiction from any decision
or determination of the Board of Supervisors.
C.
The Township Engineer and/or Zoning Officer shall
have the right to revoke or suspend any grading permit based on noncompliance
with the standards, rules and regulations required herein.
A.
Measures used to control erosion and reduce sedimentation
shall, as a minimum, meet the standards and specifications of the
Montgomery County Soil and Water Conservation District, the Franconia
Township Land Development and Subdivision Ordinance[1] and the State Department of Environmental Protection standards.
The Township Engineer, or other official as designated, shall ensure
compliance with the appropriate specifications.
[Amended 11-13-2001 by Ord. No. 308]
B.
Plans for erosion and sediment control shall be submitted
in support of the grading permit application.
C.
Plans for earth disturbance of
one acre or greater shall be reviewed by the Montgomery County Conservation
District. After payment of the appropriate fee to the Township, the
plans will be submitted to the Conservation District. Plans which
require this review will not be given final approval until comments
and/or recommendations are received, subject to a time limitation
of 30 calendar days from the date of submission by the township to
the Conservation District. Final approval shall be conditioned on
the applicant obtaining approval from the Department of Environmental
Protection or Conservation District where required.
[Amended 1-20-2020 by Ord. No. 409]
[Added 3-8-1999 by Ord. No. 271]
No topsoil shall be removed from the site or
used as spoil. Topsoil should be removed from the areas of construction
and stored separately. Upon completion of the construction, the topsoil
should be redistributed on the site uniformly. All areas of the site
shall be stabilized by seeding or planting on slopes of less than
10% and shall be stabilized by sodding on slopes 10% or more and planted
in ground cover on slopes 20% or more, provided that riprap shall
be utilized for banks exceeding 25%.
In order to provide more suitable sites for
building and other uses, to improve surface drainage and to control
erosion, the following requirements shall be met:
A.
Design standards.
(1)
All lots, tracts or parcels shall be graded to provide
proper drainage away from buildings and directed toward proper disposal
without unwanted ponding, except where approved by the Board of Supervisors
(such as for retention basins) on the recommendation of the Township
Engineer.
(2)
All drainage provisions shall be of such design to
adequately handle the surface runoff and carry it to the nearest suitable
outlet such as a curb street, storm drain or natural watercourse.
Where drainage swales are used to collect or divert surface waters
away from buildings, they shall be sodded or planted as required and
shall be of such slope, shape and size as to conform to the requirements
of the Township Engineer.
(3)
Concentration of surface water runoff shall only be
permitted in swales or watercourses or approved retention basins.
(4)
Excavation and fills.
(a)
Cut and fill slopes shall not be steeper than
five to one unless authorized by the Township Engineer. Slopes greater
than three to one shall require slope protection, appropriate vegetation
or structural retaining devices.
(b)
Adequate provisions shall be made to prevent
surface water from damaging the cut face of an excavation or the sloping
surfaces of fills.
(c)
Cut and fills shall not endanger adjoining property.
(d)
Fill shall be placed and compacted so as to
minimize sliding or erosion of the soil. The Township Engineer may
require testing by a professional geotechnical engineer.
(e)
Fill shall not encroach on natural watercourses
or constructed channels.
(f)
Fill placed adjacent to natural watercourses
or constructed channels shall have suitable protection against erosion
during periods of flooding.
(g)
Grading shall not be done in such a way so as
to divert water onto the property of another landowner without the
express written consent of the affected landowner.
(h)
During grading operations, necessary measures
for dust control shall be exercised.
(i)
Grading equipment shall not be allowed to cross
live streams. Provision will be made for the installation of culverts
or bridges in accordance with and subject to requirements of the Bureau
of Dams and Waterways of the Pennsylvania Department of Conservation
and Natural Resources.
(j)
Whenever a fill is to be made of materials other
than clean soil or earth, the grading permit shall be subject to the
following additional limitations and requirements:
[1]
The fill shall be completed within a reasonable
length of time, said time limit to be determined by the Township Engineer
and to be specified on the grading permit.
[2]
Clean soil or earth shall be placed over the
top and exposed surfaces of the fill to a depth of not less than four
inches and sufficient to conceal all materials other than clean soil
or earth within the fill. Where the nature of the fill requires, the
Township Engineer may require clean soil or earth to be placed over
the top and exposed surfaces of the fill to a depth sufficient to
conceal all materials at the end of each day's operations. Escrow
funds may be required to ensure compliance with this coverage requirement.
(5)
Extent of grading area. Fine grading, seeding and
mulching shall be required for all lot areas up to 60,000 square feet,
less wetland and woodland areas, and to areas disturbed for lot areas
in excess of 60,000 square feet.
(6)
Retention basins will be provided as required by the
Township Engineer, and the applicant shall retain ownership and maintenance
responsibility unless a waiver of such owner's responsibility is granted
in writing by the Board of Supervisors.
B.
Inspections. Inspections will be conducted by the
Building Inspector and/or the Township Engineer to ensure compliance
with these design standards and other provisions of this chapter.
The applicant shall be responsible for providing at least 24 hours'
notification for necessary inspections, including the initiation of
work, the provision of necessary drainage facilities and the final
acceptance of the work. Five working days from the submission of required
as-builts to the issuance of foundation and/or building permits shall
be provided for necessary plan review and notification by the Township
Engineer to the Township Building Inspector.
[Amended 11-13-2001 by Ord. No. 308]
C.
As-builts shall be required at the completion of the
work to provide the Township Inspector with proof of compliance of
grading, building, driveways, utilities, and other proposed improvements
as shown on the grading permit plan. In the event the grading permit
contains buildings, a foundation as-built shall be additionally required
five working days prior to the issuance of any building permit to
insure compliance with the grading permit plan.
[Added 11-13-2001 by Ord. No. 308]
In order to maintain the supply of natural vegetation,
prevent erosion of the topsoil on the side and surrounding properties,
foster the retention of groundwater supply and generally attempt to
maintain the ecological balance in the township, the following requirements
shall be met:
A.
Every existing tree with a trunk eight inches or more
in caliper [measured at one foot above existing ground line] which
is destroyed because of street alignment, building placement, parking
area location, grading or otherwise shall be replaced with one new
tree of a type specified by the township with a trunk of not less
than two inches in caliper measured at one foot above ground line.
B.
Such new trees shall not be placed on the lot as street
trees or in place of trees required as screening.
C.
At the discretion of the township, a number of trees
not greater in number than those destroyed may be planted on lands
owned by the township in order to maintain the proper ecological balance
of the township. The township shall assess the developer the cost
of these trees, but the township will bear the cost of planting.
When written notice of a violation of any of
the provisions of this chapter has been served by the Township Zoning
Officer or any other person designated by him, such violation shall
be discontinued immediately.
[Amended 6-10-1996 by Ord. No. 237]
Any person who violates or permits a violation
of this chapter shall, upon being liable therefor in a civil enforcement
proceeding commenced by the township, pay a fine not exceeding $600
plus all court costs, including reasonable attorney's fees incurred
by the township. No judgment shall be imposed until the date of the
determination of 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 Pennsylvania Rules of Civil
Procedure.
In case any work is performed by any person
in violation of any of the provisions of this chapter, the proper
official of this township, in addition to other remedies, may institute
in the name of the township any appropriate action or proceeding at
law or in equity, whether by legal process or otherwise, to prevent
such unlawful work and to restrain and abate such violations.
