[HISTORY: Adopted by the Board of Commissioners of the Township of
Ridley 5-27-1992 by Ord. No. 1689. Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Township of Ridley
Erosion and Sediment Control Ordinance".
The purpose of this chapter is to regulate the modification of the natural
terrain, the alteration of drainage and the maintenance of artificial structures
and surfaces within the Township of Ridley so as to assure and safeguard the
health, safety, morals and general welfare of the citizens of the Township
of Ridley.
As used in this chapter the following definitions shall have the meanings
indicated:
A plan of a system of coordinated devices to prevent the dislocation
and transportation of soil during a period of time when natural vegetation
is disturbed.
A plan for controlling water runoff so that it will not cause erosion
or flooding and for minimizing the effects of impervious areas on water runoff.
A.
It shall be unlawful for any person, firm or corporation
to engage in earthmoving activity which disturbs the surface of the land,
including, but not limited to, excavations, embankments, land development,
subdivision development, mineral extraction and the moving, depositing or
storing of soil, rock, earth or other materials within the Township of Ridley
without first securing a permit as hereunder provided.
[Amended 8-27-2000 by Ord. No. 1806]
B.
It shall be unlawful for any person, firm or corporation
to disturb, modify, block, divert or affect the natural overland or subsurface
flow of stormwater within the Township of Ridley without first securing a
permit as hereunder provided.
C.
It shall be unlawful for any person, firm or corporation
to construct, erect or install any drainage dam, ditch, culvert, drain pipe,
bridge or any other structure or obstruction affecting the drainage of any
premises in the Township of Ridley without first securing a permit as hereunder
provided.
A.
Any person, firm or corporation proposing to engage in
an activity requiring a permit shall apply for a permit by written application
on a form furnished by the Township.
B.
The application for a permit shall be accompanied by
a plan of the property showing as a minimum:
(1)
The property boundaries of the site on which the work
is to be performed.
(2)
The topographic features of the site both existing and
proposed.
(3)
The topographic features surrounding the site or property
which are of importance to the proposed development and its drainage consideration.
(4)
The soil types on the site.
(5)
Soil erosion and sedimentation control measures proposed
for the work as well as permanent stormwater management features which will
be incorporated into the finished topography.
C.
In addition to the above, unless waived by the Township,
the application shall be accompanied by a detailed Soil Erosion and Sedimentation
Control Plan and a permanent Stormwater Management Plan. These plans shall
be prepared by a registered professional engineer with expertise in the field
of hydrology and hydraulics. Supporting data and engineering calculations
shall be submitted with the plan. Minimum design criteria, unless waived by
the Township, shall be as follows:
(1)
The peak rate of discharge at any time may not exceed
the existing peak (predevelopment) rate of discharge.
(2)
The U.S. Soil Conservation Service Soil-Cover Complex
Method for determining the rate and quantity of water runoff shall be used.
Areas under one acre shall use the Rational Method for determining the rate
and quantity of water runoff.
(3)
Storage requirements for water and sediment during construction
shall be based on the one-hundred-year, twenty-four-hour storm frequency,
which is 7.2 inches of rainfall within a twenty-four-hour period.
(4)
Water storage for permanent stormwater management shall
be based on a twenty-five-year, twenty-four-hour storm frequency, which is
5.7 inches of rainfall within a twenty-four-hour period.
(5)
On-site ameliorating measures shall be incorporated into
the final plan to the satisfaction of the Township Engineer. These measures
shall serve to eliminate any increase whatsoever in the rate of runoff from
proposed impervious areas.
(6)
Silt retention devices shall be removed and permanent,
maintenance-free drainage structures shall be constructed upon the complete
restabilization of soil as determined by the Township Engineer.
(7)
All drainage facilities shall be designed in the most
practicable fashion to carry surface water in such a manner as to prevent
erosion or uncontrolled overflow.
(8)
No slopes deeper than two horizontal to one vertical
shall be permitted. Slopes steeper than three to one shall be peg-sodded,
or seeded and covered with jute matting or similar method.
(9)
The design, installation and maintenance of erosion and
sedimentation control measures shall be in accordance with guidelines as may
be established from time to time, by the Soil Conservation Service of the
United States Department of Agriculture and the Township Engineer.
(10)
All grades surfaces shall be seeded, sodded and/or planted or otherwise protected as required in Subsection C(8) hereof from erosion as soon as practicable and shall be watered, tended and maintained until growth is well established at time of completion and final inspection. The disturbed area and duration of exposure shall be kept to a practical minimum.
(11)
All trees in areas of extreme grade change shall be removed
unless protected with suitable tree wells or mounds. However, extreme precautions
shall be taken to prevent the unnecessary removal of trees.
(12)
When required, adequate provisions shall be made for
dust control measures as are deemed acceptable by the Township.
(13)
When required, the applicant shall agree to the granting
and recording of easements for drainage facilities, including acceptance of
the discharge water on the property of others, provisions for maintenance
of slopes and swales, and access for the maintenance of antierosion facilities.
D.
The application for a permit to grade shall be accompanied
by a permit fee computed in accordance with a schedule to be established from
time to time by resolution of the Board of Commissioners.
E.
All applicants for a permit involving an area greater
than one acre shall, before any permit is granted, post a bond with the Township
of Ridley, in a sum to be determined by the Township Engineer, with corporate
surety to be approved by the Township Solicitor, the conditions of which shall
be a full and complete compliance with this chapter and all terms of the permit.
Upon the submission of an application which conforms to the provisions
of this chapter, the Township Manager, after consultation with and the approval
of the Township Board of Commissioners if deemed necessary, shall issue the
necessary permit.
A.
Notwithstanding any provision of this chapter or any
condition of the 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 permit.
B.
No person, firm or corporation shall modify, fill, excavate
or regrade land in any manner so close to a property line as to endanger or
damage any adjoining public street sidewalk, alley, or any other public or
private property without supporting and protecting such property from settling,
cracking, erosion, sediment, or other physical damage or personal injury which
might result.
C.
No person, firm or corporation shall deposit or place
any debris or any other material whatsoever, or to cause such to be thrown
or placed, in any drainage ditch or drainage structure in such a manner as
to obstruct free flow.
D.
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.
E.
The owner of any property on which any work has been
made pursuant to a permit granted under the provisions of this article shall
continuously maintain and repair all grades surfaces and anti-erosion devices,
retaining walls, drainage structures and other protective devices, plantings
and ground cover installed or completed.
F.
All plans and specifications accompanying applications
for permits shall include provisions for both interim (temporary) and ultimate
(permanent) erosion and sediment control.
(1)
The design, installation and maintenance of erosion and
sediment control measures shall be accomplished in accordance with guidelines
as may be established from time to time by the Delaware County Soil and Water
Conservation District as adopted from Standards and Specifications of the
U.S. Department of Agriculture, Soil Conservation Service.
(2)
All graded surfaces shall be seeded, sodded and/or planted
or otherwise protected from erosion as soon as practicable and shall be watered,
tended and maintained until growth is well established at time of completion
and final inspection. The disturbed area and duration of exposure shall be
kept to a practical minimum.
G.
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.
H.
Fills toeing out on natural slopes steeper than four
horizontal to one vertical shall not be made unless approved by the Township
Engineer, or by a Soil Engineer certifying that he has investigated the property,
made soil tests and that in his opinion such steeper slopes will safely support
the proposed fill.
I.
All trees in areas of extreme grade change shall be removed
unless protected with suitable tree wells. However, extreme precautions shall
be taken to prevent the unnecessary removal of trees.
J.
The following provisions apply to the carrying and disposal
of storm water runoff:
(1)
All drainage facilities shall be designed, in the most
practicable fashion, to carry surface water in such a manner as to prevent
erosion, overflow or ponding.
(2)
The ponding water shall not be permitted above cut or
fill slopes or on drainage terraces nor shall water be impounded on adjacent
property. Adequate drainage facilities shall be provided to prevent such ponding.
(3)
The applicant shall make adequate provisions to prevent
any surface waters from damaging the face of any excavation or fill. All slopes
shall be temporarily and permanently protected from surface water runoff from
above any interceptor and diversion berms, swales, brow or berm ditches and
shall be sodded, seeded and planted, unless the Township determines such treatment
is unnecessary and specifically waives this requirement.
(4)
All drainage terraces interceptor and diversion berms,
swales and brow or berm ditches shall be designed and constructed and, when
required, by the Township Engineer, shall be piped or paved or otherwise improved
to the satisfaction of the Township.
K.
When required, adequate provisions shall be made for
dust control measures as are deemed acceptable by the Township.
L.
When required, the applicant shall agree to the granting
and recording of easements for drainage facilities, including acceptance of
the discharge of water on the property of others, provisions for maintenance
of slopes and swales, and access for the maintenance of antierosion facilities.
A.
The applicant, in any activity requiring a permit, and
which involves 10 or less single-family residences, after commencing initial
operation, shall request, in writing, inspection by the Township Engineer.
(1)
Upon completion of stripping, the stockpiling of topsoil
and disposal of all unsuitable material, but prior to beginning any other
preparation of the ground.
(2)
Upon completion of preparation of ground to receive fill,
but prior to beginning any placement.
(3)
Upon completion of rough grading, but prior to placing
topsoil, permanent drainage or other site development improvements and ground
covers.
(4)
Upon completion of final grading; permanent drainage
and erosion control facilities, including established ground covers and planting,
and all other work of the permit.
B.
The applicant, in all other cases other than that referred to in Subsection A, after commencing initial operations, shall request, in writing, inspection by the Township Engineer, at the following stages in the development of the site, or of each subdivision thereof:
(1)
Prior to commencement of grading operations to determine
suitability of all proposed fill materials.
(2)
Upon completion of stripping, the stockpiling of topsoil
and disposal of all unsuitable material, but prior to beginning or any other
preparation of the ground.
(3)
Upon completion of the preparation of an area to receive
fill and prior to the beginning of placement, an inspection shall be made
of the proof rolling procedure.
(4)
Upon completion of structural fill placement such that
the following earthfill procedures are assured:
(a)
Prior to placing fill in any area, grading should be
performed as required to provide for drainage. Ditching or filling around
the area should be performed to intercept or divert all surface water. Within
the area on which fill is to be placed, the ground should be graded so as
to provide for unobstructed drainage from every point to some disposal point.
(b)
The area should be closely examined to determine whether
excessive wetness, springs, or other seepage of water can be observed. If
such conditions exist, drainage must be provided before placement of fill
is undertaken.
(c)
When the fill area has been prepared as specified, the
existing ground surface should be compacted by the specified method for compacting
fill.
(d)
Fill should begin at the lowest section of the area.
Fill should be spread in six-inch layers prior to compaction. Each layer should
be approximately horizontal, but small slopes can be permitted in order to
provide for surface runoff.
(e)
Each layer of fill should be inspected prior to compaction.
All roots, vegetation, or debris should be removed. Stones larger than 6 inches
in diameter should be removed or broken. The moisture content of each layer
should be determined to be suitable for compaction.
(f)
The compaction of the fill should be done with a sheeps-foot
roller, rubber tired roller or a vibratory roller. Other compaction equipment
should be used only after it has demonstrated that satisfactory results can
be obtained with it.
(g)
Each layer of compacted fill should be tested to determine
its dry density as per ASTM D 1556. The density of each layer should be not
less than 95% of.maximum dry density as determined by ASTM D 1557. The moisture
content of the compacted layer should be not more then 4% less or 2% greater
than the optimum moisture as determined by ASTM D 1557.
(h)
Only when the compacted layer has been shown to be as
specified, should other layers of fill be placed above it.
(i)
Visual inspection of borrow materials should be made
periodically to assure that no variation in the fill material has occurred.
(5)
Upon completion of rough grading, but prior to placing
topsoil, permanent drainage or other site development improvements and ground
covers.
(6)
Upon completion of trench backfilling operations so that testing can be performed as specified in Subsection B(4).
(7)
Upon completion of final grading, permanent drainage
and erosion control facilities, including established ground covers and planting,
and all other work of the permit.
All applicants shall bear all costs of inspection required hereunder,
and shall deposit with the Township Treasurer such sums as the Township Board
of Commissioners shall determine, to guarantee payment of the costs of such
inspections. The cost of inspections shall be at the rate charged to the Township
by the Township Engineer.
Any person, firm or corporation violating any provisions of this chapter
shall, upon summary conviction before any District Justice of the Peace, be
sentenced to pay a fine not exceeding $600 and cost of prosecution, and in
default of payment of the fine for a term of not more than 30 days. Each and
every day in which any person, firm or corporation shall be in violation of
this chapter shall constitute a separate offense.
