[HISTORY: Adopted by the Board of Supervisors
of the Township of Conewago 8-23-1989 by Ord. No. 1989-V. 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, Part I, Commonwealth
of Pennsylvania, Department of Environmental Protection, Subpart C,
Protection of Natural Resources, Article II, Water Resources, Chapter
102, Erosion and Sediment 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
Conewago Township to assure and safeguard health, safety, ecology
and the general welfare in Conewago Township.
From and after the effective date of this chapter, any subdivision and/or land development approved under Chapter 135, Subdivision and Land Development, or Chapter 155, Zoning, or activity qualified under §§ 77-5 and 77-6 herein shall be in conformity with this chapter. In the event of a conflict between this chapter and Chapter 83, Floodplain Management, Chapter 83 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 agonal 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 for embankments or fill areas.
(noun) The slope of a road, channel or natural
ground.
(noun) The finished surface of a canal bed,
roadbed, top of embankment or bottom of excavation; any surface prepared
for the support of construction like paving or laying a conduit.
(verb) To finish the surface of a canal bed,
roadbed, top of embankment or bottom of excavation.
That portion of the precipitation on 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.
A condition of the soil, referring to the frequency and duration
of periods when the soil is free of saturation.
A natural drainage route or channel for the flow of water.
Whenever the landscape is to be permanently
disturbed as to either contours, soil or slope characteristics, or
vegetation or any ground cover is to be permanently removed, a plan
is required showing how resulting erosion and sediment shall be controlled.
This plan shall include the following:
[Amended 7-16-2012 by Ord. No. 2012-L]
The following activities require a grading permit/plan:
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.
C.
Paving, filling, stripping, excavating, grading or
regrading of any land.
D.
Disturbing the landscape, vegetation or any ground
cover in excess of 500 square feet (for each permitted activity).
E.
All projects requiring a grading plan shall also require an as-built
plan prior to issuance of a use and occupancy certificate.
[Amended 7-16-2012 by Ord. No. 2012-L]
The following activities require no grading
permit/plan:
A.
Improvements, such as erection of retaining walls
(less than 48 inches in total height), driveway repaving (maintaining
current dimensions and area), minor regrading or activities on a property
which do not adversely affect the natural overland or subsurface flow
of water or drainage of any premises or otherwise disturb the landscape
which in the opinion of the Township would create an adverse drainage
condition.
B.
Farming, gardening, lawn restoration or landscaping,
but not including sod farming.
C.
Building lots contained in a subdivision plan which
shows final grading and which has been approved by the Board of Supervisors
of Conewago Township so long as work to be done is performed in accordance
with said plan. Overall/concept grading plans shall not qualify for
this exemption.
D.
Driveway and building additions may be exempt if the owner can demonstrate
that no additional surface runoff is being directed to adjacent properties
and the area of addition is less than 500 square feet.
A.
Any person, firm or corporation proposing to engage
in an activity requiring a grading permit hereunder shall apply by
submitting a plan.
B.
The applicant should, before submitting a preliminary plan for review, consult with Chapter 155, Zoning, Chapter 76, Stormwater Management, Chapter 83, Floodplain Management, and Chapter 135, Subdivision and Land Development, which regulate the development of land in Conewago Township.
[Amended 7-16-2012 by Ord. No. 2012-L]
C.
A separate plan shall be required for each grading
permit.
D.
Three copies of the proposed plan for a grading permit,
including specifications and development schedules, shall be submitted
to the Zoning Officer of Conewago Township for a grading permit. The
Zoning Officer shall forward one copy of the plan to the Township
Engineer to commence the plan review.
[Amended 7-16-2012 by Ord. No. 2012-L]
E.
The plan for a grading permit shall be accompanied by a fee established in Conewago Township’s fee schedule and collection procedure for all applications and other matters pertaining to Chapter 135, Subdivision and Land Development, Chapter 76, Stormwater Management, and this chapter.
[Amended 7-16-2012 by Ord. No. 2012-L]
The plan for a grading permit shall include:
A.
A valid boundary line survey of the site on which
the work is to be performed.
B.
A description of the features, existing and proposed,
surrounding the site which are of importance to the proposed development/plan.
[Amended 7-16-2012 by Ord. No. 2012-L]
C.
A plan of the general topography (including drainage)
and soil conditions on the site (latter available through the County
Conservation District).
D.
The location and a description of existing and future
man-made features of importance to the proposed development (i.e.,
cuts and/or fills, buildings, roads and driveways).
E.
Plans and specifications of soil erosion and sediment
control measures in accordance with standards and specifications of
Conewago Township and the County Conservation District.
F.
A development schedule indicating the anticipated
starting and completion dates of the development sequence and the
time of exposure of each area prior to the completion of effective
erosion and sediment control measures.
In addition to the requirements of § 77-9, when deemed necessary by the Township Engineer, the Planning Commission or the Board of Supervisors, the applicant shall submit with the plan a detailed drainage study prepared by a registered professional engineer qualified in hydrology 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.
B.
Where the proposed activity would in the opinion of the Township create an adverse drainage condition, as a result of changes in ground cover, soil or slope characteristics or contours, a stormwater management plan shall be required to be prepared and approved in accordance with Chapter 76, Stormwater Management.
[Amended 7-16-2012 by Ord. No. 2012-L]
C.
A soils investigation report, if load-bearing fill
is proposed, which shall consist of test borings, laboratory testings
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 soils engineer
and shall include data regarding the nature, distribution and supporting
ability of existing soils and rocks on site, conclusions and recommendations
to ensure stable soil conditions and groundwater control as applicable.
Conewago Township may require such supplemental reports and data as
are deemed necessary by the Township Engineer. Recommendations included
in such reports and approved by the Township Engineer shall be incorporated
in the plan or specifications. In addition:
(1)
Fills toeing out on natural slopes steeper than four
horizontal to one vertical shall not be made unless a report is received
which is deemed acceptable by the Township Engineer and approved by
the Board of Supervisors. The report shall be made by a registered
professional soils 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.
(2)
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.
[Amended 7-16-2012 by Ord. No. 2012-L]
Upon receiving a satisfactory review of the
plan by the Township Engineer, the Zoning Officer shall issue the
necessary grading permit.
[Amended 7-16-2012 by Ord. No. 2012-L]
A.
Notwithstanding any provision of this chapter or any
condition of the grading permit/plan, the permittee is responsible
for the prevention of damage to other property, or personal injury,
which may be effected by the activity requiring a grading permit/plan.
B.
No person, firm or corporation shall modify, fill,
excavate, pave, grade or regrade land in any manner so close to a
property line as to 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.
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.
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
done pursuant to a grading permit/plan 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. Conewago
Township is responsible for maintenance and repair within the right-of-way
of Township roads.
F.
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, as outlined in the Erosion and Sediment Control
Handbook, Adams County, Pennsylvania.
G.
All trees in an area of extreme grade changes shall
be protected with suitable tree wells, unless the necessity for removal
is established. Precautions shall be taken to prevent the unnecessary
removal of trees.
H.
When required, adequate provisions shall be made for
dust control measures as are deemed acceptable by the Township Engineer.
I.
All plans and specifications submitted for a grading
permit/plan 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 Pennsylvania
Department of Environmental Protection, Erosion and Sediment Pollution
Control Program Manual, dated March 2012, or as most recently amended.
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 D 1556. The density of each layer shall be not less than 95%
of maximum density as determined by ASTM D 1557.
L.
Roof leaders, sump pumps, and/or driveways shall not convey or discharge
stormwater runoff directly to Township streets or related Township
storm sewer systems where an appropriate disconnection can be achieved.
A.
All inspections shall be the responsibility of the
Township Engineer or, in his absence, a qualified person acceptable
to the Township Engineer and Conewago 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 Engineer, 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
Engineer to certify compliance with this chapter. Satisfactory compliance
with this chapter shall be necessary before issuance of an occupancy
or use permit.
Permittees shall bear all costs of inspections
required or permitted hereunder and shall deposit with Conewago Township
such sum as the Board of Supervisors shall determine, to guarantee
payment of the costs of such inspections. The costs of inspections
shall be in accordance with the established schedule of fees and collection
procedure for matters pertaining to this chapter.
[Amended 7-16-2012 by Ord. No. 2012-L]
The fee for a grading permit/plan shall be fixed
by the Board of Supervisors pursuant to resolution.
[Amended 12-20-1999 by Ord. No. 1999-Q]
Any person who violates or permits the violation
of this chapter shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.
In addition to the penalties as set forth in § 77-16, 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. In order to enforce this section, the Township Solicitor may seek injunctive relief in accordance with the rules of civil procedure.
