[Adopted 10-27-1982 by Ord. No. 99]
[HISTORY: Adopted by the Board of Supervisors of the Township
of Upper Makefield as indicated in part histories. Amendments noted
where applicable.]
The purpose of this Part is to regulate the modification of
natural terrain and alteration of drainage by providing for certain
runoff, grading, erosion and sediment control measures within the
Township of Upper Makefield (hereinafter referred to as "Township")
to protect public health, safety and welfare. This Part shall be known
and cited as the "Upper Makefield Township Soil Erosion, Sedimentation
and Grading Control Ordinance." This Part implements Title 25, Rules
and Regulations, Part I, Commonwealth of Pennsylvania Department of
Environmental Protection, Subpart C, Protection of Natural Resources,
Article II, Water Resources, Chapter 102, Erosion Control.
Whenever the topography and vegetation are to be disturbed,
a plan for the control of erosion and sediment and grading is required.
A.
It shall be unlawful for any person, firm or corporation to pave,
fill, strip or change the existing grade of any land within the Township
without first securing the permits required herein.
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 without first securing the
permits required herein.
C.
It shall be unlawful for any person, firm or corporation to construct,
erect or install any dam, ditch, culvert, drainpipe, bridge or any
other structure or obstruction affecting the drainage of any premises
in the Township without first securing the permits required herein.
D.
No permit shall be required hereunder: for normal agricultural operations;
or where the aggregate area to be stripped at one time does not exceed
1,000 square feet; and the grade change does not exceed six inches
in any one area and all bare earth is properly seeded, sodded or otherwise
effectively protected from erosion.
Whenever any proposed activities require a building and/or driveway
permit, no such building or driveway permit shall be issued unless
the applicant certifies that the permits required hereunder have been
issued. Furthermore, the plans and applications required hereunder
may be combined, when applicable, with plans and application materials
submitted for building and/or driveway permits.
A.
Any person, firm or corporation proposing to engage in activity requiring a permit hereunder shall apply for a permit by written application which shall include the applicant's agreement to comply with the regulations in § 9-107 upon issuance of the permit.
B.
C.
A separate application shall be required for each grading operation. Three copies of all documents referred to in §§ 9-105 and 106 hereof shall be submitted with each application. The application forms submitted shall consist of the forms provided by the Township, together with the required fees. All applications shall be submitted to the Township Secretary, who shall retain one for the Township records and forward two copies of all documents to the Township Engineer.
The application for an erosion, sedimentation and grading permit
shall be filed on the application form provided by the Township and
shall be accompanied by a plan of the property showing:
A.
An area plan or plans describing existing and proposed features of
the area surrounding the site work including topography, existing
vegetation, watercourses, man-made features, the affected watersheds
and other pertinent natural features. This may be in the form of a
recent USGS map with the property and required features located thereon.
B.
A topographical survey of the site, at a suitable scale of no less
than one inch to 50 feet and contour interval of no more than two
feet, prepared by a registered surveyor or registered engineer, including
also a boundary line survey, the location and description of vegetative
cover, soil types (available from Bucks County Soil Conservation Service)
and any other pertinent existing natural or man-made features. The
plan shall be 8 1/2 inches by 11 inches.
C.
An improvements plan of the same size and scale as Subsection B hereof, showing and describing all changes to the site including cuts, fills, structures, paving, waste disposal systems, wells and utilities (this may be combined with the topographical survey on simple projects).
D.
A written description of soil erosion and sedimentation control measures (with appropriate plans and specifications), in accordance with § 44 of Chapter 102, Title 25, Rules and Regulations, Part I, Commonwealth of Pennsylvania Department of Environmental Protection, Subpart C, Protection of Natural Resources, Article II, Water Resources, Chapter 102, Erosion Control. And in accordance with standards and specifications of the USDA Natural Resources Conservation Service, Bucks County Conservation District and Township ordinances, including, without limitation, retention basins or other erosion and stormwater control measures necessary to limit the rate of stormwater runoff to comply with the requirements of Chapter 22, Subdivision and Land Development.
E.
A time schedule indicating the anticipated starting and completion dates of the development sequence, the expected date of completion of construction of each of the measures referred to in Subsection D therein, and the time of exposure of each area prior to the completion of such measures.
F.
A grading plan of the same scale as Subsection B herein, showing and describing all changes to the site including cuts, fills, structures, paving, utilities, rights-of-way and easements. Also to be shown on the plan is the exact location of on-site waste disposal systems, wells and reserve waste disposal system areas.
G.
The proposed final topographical survey of the site showing in detail
the final grading upon completion of all construction activity.
The following information shall be supplied whenever a permit
is required, and it shall then be prepared by a registered professional
civil engineer, agronomist or other professional qualified in hydrology
(however, the Township Engineer, upon written application, may waive
in the necessity for filing a portion of or all of the following information):
A.
A plan shall indicate present and proposed sources, storage and disposition
of water being channeled through or across the site, together with
elevations, gradients and maximum flow rates. The application shall
describe the work to be performed, 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.
B.
Calculations to determine runoff shall be based on the soil-cover
complex method and shall be based upon the assumption that the predevelopment
land use condition is meadow land in good condition unless the actual
predeveloped condition has a stormwater runoff rate less than meadow
land. The condition having the least runoff shall be the basis of
all stormwater runoff calculations for all portions of the subject
lot or tract of land. Storm sewer piping, inlet system to retention
basins, spillways, culverts, swales and all related facilities shall
be designed to carry stormwater runoff of the twenty-five-year frequency
storm. All basins shall be designed on a one-hundred-year frequency
storm basis.
The following provisions apply for all activity governed by
the provisions of this Part:
A.
All drainage facilities shall be designed to retard the rate of stormwater
runoff to the same rate or a lesser rate as that existing prior to
construction. Such a determination shall be made by the method of
calculation hereinbefore set forth.
B.
Lots shall be graded to secure proper drainage away from buildings
and streets, except streets where curbs exist, and to prevent the
collection of stormwater and pools. Stockpiling of topsoil shall be
protected from erosion.
C.
All drainage provisions shall be of such design as to efficiently
carry surface waters to the nearest street (if curbs exist), storm
drain or natural watercourse. If the aforementioned facilities do
not exist, then in that event, stormwater shall be evenly dispersed
over the lot so as to best promote infiltration of stormwater into
the ground within the boundaries of the subject lot.
D.
The applicant shall construct and/or install such drainage structures
and/or pipes which are necessary to prevent erosion damage and to
satisfactorily handle surface waters in accordance with Title 25,
Rules and Regulations, Part I, Commonwealth of Pennsylvania, Department
of Environmental Protection, Subpart C, Protection of Natural Resources,
Article II, Water Resources, Chapter 102, Erosion Control. Any drainage
system not operating as planned shall be corrected at the expense
of the applicant.
E.
The applicant shall not modify, fill, excavate or regrade the 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, crackling, erosion, sediment, stormwater pooling or other
physical damage or personal injury which might result.
F.
No person, firm or corporation shall deposit or place any debris
or 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.
G.
All graded surfaces shall be seeded, sodded and/or planted or otherwise
protected from erosion within 60 days of breaking ground, and shall
be watered, tended and maintained until growth is well established
at the time completion and final inspection.
H.
Natural and/or existing slopes exceeding five horizontal to one vertical
shall be benched or continually stepped into competent materials where
vertical cut exceeds 10 feet prior to placing all classes of fill.
I.
Fills toeing or natural slopes steeper than four horizontal to one
vertical shall not be made, unless approved by the Township Engineer
after receipt of a report deemed acceptable by the Township Engineer,
by a soil engineer certifying that he has investigated the property,
made the soil tests and that in his opinion such steeper slopes will
safely support the proposed fill. Costs for such investigation and
report shall be borne by the applicant.
J.
A quality control program is critical for fills; therefore, whenever
load-bearing fill material is to be used, each layer of compacted
fill shall be tested to determine its dry density per ASTM D1556.
The density of each layer shall not be less than 95% of the maximum
dry density as determined per ASTM D1557. These tests shall be required
for all fills and stormwater or sediment basins within the Township.
K.
All permanent grading shall be designed to:
(1)
Provide positive surface drainage away from on-site sewage disposal
systems.
(2)
Provide positive surface drainage away from buildings and structures.
(3)
Limit stormwater runoff from the subject lot to other lands so that
no more occurs than that which occurred prior to any construction
of any nature on the subject lot.
(4)
No stormwater runoff or drainage water shall be diverted as to overload
existing drainage systems or create flooding or the need for additional
drainage structures on other private properties or public land.
(5)
Stormwater roof drains and any basement drains shall not discharge
water directly onto a sidewalk, a lane, or a street, or within the
street, or within the street right-of-way, and shall be constructed
to retain the discharge only on the lot which is the subject of the
application or to a stormwater system.
The Township Engineer shall approve and issue all erosion and
sedimentation and grading permits on the form provided by the Township
for this purpose. No building permit shall be issued by the Building
Inspector, and no driveway permit shall be issued by the Township
until such time as an erosion and sedimentation and grading permit
has been obtained by the applicant, whenever required. Furthermore,
no occupancy permit shall be issued by the Building Inspector until
such time as the Township Engineer certifies in letter form that all
grading has been completed in accordance with the final grading plan.
A.
The permittee is responsible for any property damage or personal
injury caused by his activity authorized by the permit.
B.
No person, firm or corporation shall modify, fill, excavate, pave,
grade or regrade land in any manner as to endanger or damage public
or private property, or to cause physical damage or personal injury.
All precautions will be taken to prevent any damage to adjoining streets,
sidewalks, buildings and other structures which could be caused be
settling, cracking, erosion or sediment.
C.
No person, firm or corporation shall fail to adequately maintain
in good operating order any drainage facility on his premises. All
watercourses, drainage ditch culverts, drainpipes and drainage structures
shall be kept open and free-flowing at all times.
D.
The owner, from time to time, of any property on which any work has
been done pursuant to a permit granted under this Part shall continuously
maintain and repair all graded surfaces and antierosion devices such
as retaining walls, drainage, structures or means, plantings and ground
cover, installed or completed.
E.
When required, adequate provisions shall be made for dust-control
measures as determined by the Township Engineer.
F.
All plans and specifications accompanying applications for permits
shall include provisions for both temporary and permit grading.
G.
The installation and maintenance of erosion and sedimentation control
measures shall be accomplished in accordance with standards and specifications
established by the USDA Natural Resources Conservation Service and
the Bucks County Soil Conservation District.
A.
All inspections shall be the responsibility of the Township Engineer.
B.
Inspections shall be carried out on a random basis, except as stated
herein.
C.
A final inspection shall be conducted by the Township Engineer to
certify compliance with this Part. The permittee and owner of the
subject lot shall notify the Township Engineer within 14 days of the
completion of all activities for which a permit was issued hereunder.
The Township Engineer shall then conduct an inspection to insure that
satisfactory compliance with this Part has been accomplished. If the
subject lot, as finally graded, does not conform to the final grading
plan filed with the permit applications hereunder, then the Township
Engineer shall note all changes on the final grading plan. When the
Township Engineer is satisfied that the finally graded lot complies
with the provisions of this Part, he shall then have the permittee
and owner of the subject lot execute the final grading plan (showing
all changes in the final grading). Thereafter, the Township Engineer
shall notify the Township Building Inspector that the subject lot
is in compliance with this Part. No occupancy permit under the Township
Building Code[1] shall be issued by the Building Inspector until such time
as the Township Engineer certifies to him that all grading has been
completed in accordance with the final grading plan.
Application fees shall be set from time to time by resolution
by the Upper Makefield Township Board of Supervisors by resolution.
All costs of inspections will be billed to the applicant as inspections
are completed. Payments shall be made, within 30 days and no occupancy
permit shall be issued until all payments have been made.
Any permit issued under this Part may be revoked or suspended
by the Board of Supervisors of the Township after notice of:
A.
Failure to carry out the control measures described in the application
at the appropriate times as specified in the applicable time schedule
or within such reasonable extensions as may be granted by the Township
Engineer.
B.
Violation of any other condition of the permit.
C.
Violation of any provision of this Part or any other applicable law,
ordinance, rule or regulation relating to the work.
D.
Existence of any condition or the doing of any act constituting or
creating a nuisance, hazard or endangering human life or the property
of others.
In the case of any paving, filling, stripping, grading or regrading;
any disturbing, modifying, blocking or diverting the natural overland
or subsurface flow of stormwater; or any construction, erection and
installation of any dam, ditch, culvert, drainpipe, bridge or any
other structure or obstruction affecting the drainage of any premises,
in violation of this Part, or any regulations pursuant hereto, the
proper Township authorities, in addition to other remedies provided
by law, may institute any appropriate action or proceedings to prevent
such unlawful activities; to restrain, correct or abate such violations;
to prevent the use of the applicable premises; or to prevent any illegal
act, conduct, business or use in or about such premises. In addition,
upon the failure of any permit holder to complete the control measures
specified in his application, the Township may, after revoking such
permit, proceed to complete such measures itself, and recover the
cost thereof from the permittee.
For any and every violation of the provisions of this Part:
the owner, general agent or contractor of a building or premises where
such violation has been committed or shall exist; the lessee or tenant
of an entire building or entire premises where such violation has
been committed or shall exist; the owner, general agent, contractor,
lessee or tenant or any part of a building or premises in which part
such violation has been committed or shall exist; and the general
agent, architect, contractor or any other person who knowingly commits,
takes part or assists in any such violation or who maintains any building
or premises in which any such violation shall exist; shall, on conviction
thereof, be sentenced to pay a fine not to exceed $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Whenever such person, or persons, shall have
been notified by the Township Engineer, or the Township Board of Supervisors,
or the Township Solicitor, or by service of a summons in a prosecution,
or in any other official manner, that he is committing a violation
of this Part, each day's continuance of such violation after
such notification shall constitute a separate offense punishable by
a like fine or penalty. Such fines or penalties shall be collected
as like fines or penalties are now collected by law.
[Adopted 8-2-2000 by Ord.
No. 237]
Upon completion of a building foundation and prior to framing
or wall construction, any builder of a building in Upper Makefield
Township shall file with the Township three as-built foundation plans.
All as-built foundation plans shall be a minimum of 11 inches
by 17 inches, at a scale of not less than one inches equals 50 feet.
The as-built foundation plan shall show all as-built features
and, at a minimum, shall indicate the following:
A.
The actual building envelope of the structure with dimensions.
B.
The actual dimensions from property lines (front, side and rear)
to the structure.
C.
As-built of foundation elevation, utilizing the same vertical datum
as the approved plan.
D.
Finished floor elevation of the garage and first floor of the building
based on as-built foundation elevation.
E.
Property lines, building setback lines and street locations.
The as-built foundation plan shall be prepared by a registered
professional surveyor of the Commonwealth of Pennsylvania, who shall
certify that all information is true and correct.
No further construction will be permitted until certification
is received by the Township Engineer and his approval is subsequently
provided to the Township's Planning and Zoning Officer.
A.
All reviews and inspections of foundations necessary to verify information
submitted on an as-built foundation plan shall be the responsibility
of the Township Engineer and/or other designated Township official.
Inspections shall be undertaken following the filing of an as-built
foundation plan as required by this Part.
B.
All inspections shall certify compliance with this Part.
A fee established by resolution of the Board of Supervisors
shall be paid at the time of submission of the initial grading plan.
For every and any violation of the provisions of this Part,
the owner, general agent, or contractor of a building or premises
where such violation has been committed or shall exist, who knowingly
commits, takes part or assists in any such violation or who maintains
any building or premises in which any such violation shall exist shall
be liable on conviction therefore before a Magisterial District Judge
to pay a fine or penalty not to exceed $1,000 for each and every offense.
Each day's continuance of such violation after notification that
a violation exists shall constitute a separate offense punishable
by a like fine or penalty. Such fines or penalties shall be collected
as like fines or penalties are now collected by law.
