The purpose of this article is to provide minimum
standards to safeguard persons, to protect property and to promote
the public welfare by regulating and controlling the grading, excavating,
removal or destruction of topsoil, trees or other vegetative cover
or land.
The provisions of this article shall be held
to be minimum requirements to meet the above-stated purposes. Where
the provisions of this article impose greater restrictions than those
of any statute, other ordinance or regulation, the provisions of this
article shall prevail. Where the provisions of any statute, other
ordinance or regulation impose greater restrictions than those of
this article, the provisions of such statute, ordinance or regulation
shall prevail.[1]
[Added 4-12-2004 by Ord. No. 04-177S; amended 9-26-2016 by Ord. No.
16-297ZS]
A.
Permits required. No person shall commence or perform
any grading, excavation, fill, topsoil removal or removal of vegetative
cover without first having obtained a grading permit from the Township
Zoning Officer upon the recommendation of the Township Engineer. A
separate grading permit shall be required for each site. One permit
may cover both an excavation and any fill made on the same site. A
grading permit will not be required, however, in the following situations,
but in all other respects the provisions of this chapter shall apply:
(1)
An excavation which does not exceed 20 cubic yards
total of material removed.
(2)
A fill which does not exceed 20 cubic yards of material
deposited.
(3)
An excavation below finished grade for the basements
and footings of a single-family residence, swimming pool or underground
structure authorized by building permit, an excavation for a driveway
between a single-family residence site and street or the grading of
such excavated materials into the site from which excavated, and including
the provision of additional topsoil as may be required for seedbed
preparation.
(4)
The Township may require the applicant to file a certificate
of insurance before the grading permit is issued. The amount of insurance
shall be prescribed by the Township based on the risk involved, and
the insurance shall be written by a company licensed to do business
in Pennsylvania. It must be noted on the grading permit that neither
the issuance of the grading permit nor compliance with the permit
shall relieve any person from any responsibilities for damage to persons
or property otherwise imposed by law, nor shall the permit pose any
liability upon the Township for damages to persons or property.
[Added 4-19-1993 by Ord. No. 93-9S]
B.
No grading permit for any development site shall be
issued until there has been a site examination and approval by the
Township Engineer.
[Amended 4-10-1989 by Ord. No. 18M]
C.
Permit fees. Before issuing a grading permit, the
Township Secretary, or designated Code Enforcement Official, shall
collect a permit fee, which permit fee shall be determined and set
by resolution of the Board of Supervisors, which shall, from time
to time by resolution, review and set the fees to be charged as a
permit fee for a grading permit.
[Amended 12-5-1983 by Ord. No. 18E; 4-19-1993 by Ord. No. 93-9S]
D.
Topsoil standards.
[Amended 4-10-1989 by Ord. No. 18M]
(1)
Residential development. The developer shall strip
back from each residential lot and retain on each residential lot
all topsoil from the lot. There shall be no release of excess topsoil
permitted until each lot shall be graded with a minimum of eight inches
of topsoil after examination by the Township Engineer.
(2)
Commercial/industrial development. After final grading
there shall be a minimum of eight inches of topsoil on the entire
site other than that portion of the site where there are buildings
or other impervious surface coverage. There shall be no release of
excess topsoil from the site until examination by the Township Engineer.
(3)
The developer is not required to import topsoil to
the site if an eight-inch final depth cannot be achieved. In cases
where the original site has less than eight inches of topsoil at the
start of grading activities, the total amount available will become
the minimum topsoil requirement. No topsoil will be allowed to be
released from the site.
[Added 3-23-1992 by Ord. No. 18X]
E.
Expiration of permit. 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 two years from the date of issue, provided that the Township
Engineer may, if the permit holder presents satisfactory evidence
that unusual difficulties have prevented the work's being started
or completed within the specified time limits, grant reasonable extensions
of time, and provided that the application for extension of time is
made before the date of expiration of the permit.
F.
Denial of permit; appeal.
(1)
The Township Zoning Officer shall deny a grading permit
where, in his 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 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.
(2)
The Board of Supervisors shall promptly consider appeals
from the provisions of this section or from the determinations of
the Township Engineer, 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.
A.
General.
(1)
For qualifying tracts, no changes shall be made in
the contour of the land; no grading, excavating, removal or destruction
of the topsoil, trees or other vegetative cover of the land shall
be commenced until such time that a plan or proposal for minimizing
erosion and sedimentation has been processed with and reviewed by
the Montgomery Township Planning Commission or there has been a determination
by the Township Engineer that such plans are not necessary.
(2)
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 as contained
in the Erosion and Sediment Control Handbook, June 1970. The Township
Engineer or other officials, as designated, shall ensure compliance
with the appropriate specifications, copies of which are available
from the District or the Secretary of Montgomery Township.
B.
Principles. The following measures are effective in
minimizing erosion and sedimentation and shall be included where applicable
in the control plan:
(1)
Stripping of vegetation, regrading or other development
shall be done in such a way that will minimize erosion.
(2)
Development plans shall preserve salient natural features,
keep cut-fill operations to a minimum and ensure conformity with topography
so as to create the least erosion potential and adequately handle
the volume and velocity of surface water runoff.
(3)
Whenever feasible, natural vegetation shall be retained,
protected and supplemented.
(4)
The disturbed area and the duration of exposure shall
be kept to a practical minimum.
(5)
Disturbed soils shall be stabilized as quickly as
practicable.
(6)
Temporary vegetation and/or mulching shall be used
to protect exposed critical areas during development.
(7)
The permanent (final) vegetation and structural erosion
control and drainage measures shall be installed as soon as practical
in the development.
(8)
Provisions shall be made to effectively accommodate
the increased runoff caused by changed soil and surface conditions
during and after development. Where deemed necessary by the Township,
the rate of surface water runoff will be structurally retarded.
(9)
Sediment in the runoff water shall be trapped until
the disturbed area is stabilized by the use of debris drains, sediment
basins, silt traps or similar measures.
(10)
On all areas to be paved, the base shall be
installed immediately upon final grading of the road.
C.
Grading for drainage. 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:
(1)
All lots, tracts or parcels shall be graded to provide
proper drainage away from buildings and dispose of it without ponding,
and all land within a development shall be graded to drain and dispose
of surface water without ponding, except where approved by the Board
of Supervisors on the recommendation of the Township Engineer.
(2)
All drainage provisions shall be of such design as
to adequately handle the surface runoff and carry it to the nearest
suitable outlet, such as a curbed street, storm drain or natural watercourse.
Where drainage swales are used to 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 with the requirements
of the Township.
(3)
Concentration of surface water runoff shall only be
permitted in swales or watercourses.
(4)
Excavations and fills.
(a)
Cut and fill slopes shall not be steeper than
2:1 unless stabilized by a retaining wall or cribbing, except as approved
by the Board of Supervisors when handled under special conditions.
(b)
Adequate provisions shall be made to prevent
surface water from damaging the cut face of excavations 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.
(e)
Fills shall not encroach on natural watercourses
or constructed channels.
(f)
Fills placed adjacent to natural watercourses
or constructed channels shall have suitable protection against erosion
during periods of flooding.
(g)
Grading will not be done in such a way so as
to divert water onto the property of another landowner without the
expressed written consent of the affected landowner.
(h)
During grading operations, necessary measures
for dust control will be exercised.
(i)
Grading equipment will not be allowed to cross
live streams. Provision will be made for the installation of culverts
or bridges.
(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 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.
[3]
No grading permit shall be issued for the filling
of materials other than clean soil or earth until a faithful performance
bond in the amount of the Township Engineer's estimated cost of adequately
covering such fill with clean soil or earth has been furnished to
the Township. Such bond shall be executed by a corporate surety or
by the principal, as the Township may require, and shall be subject
to the approval of the Township Solicitor as to form. In lieu of said
bond, a cash deposit in said amount may be made with the Township
or with a bank or trust company, approved by the Township Solicitor,
which shall act as escrow agent.
(k)
Notice to adjacent property owners. Before commencing
any excavation or fill which will affect an adjoining property or
structures thereon, the person making or causing the excavation to
be made shall give written notice to the owners of said adjoining
properties or structures not less than 14 days before such excavation
is to be made. Adjoining properties and structures shall be protected
as provided in the Township Building Code.[1],[2]
A.
Whenever sedimentation is caused by stripping vegetation,
regrading or other development, it shall be the responsibility of
the person, corporation or other entity causing such sedimentation
to remove it from all adjoining surfaces, drainage systems and watercourses
and to repair any damage at his expense as quickly as possible.
B.
Maintenance of all drainage facilities and watercourses
within any subdivision of land development is the responsibility of
the developer until they are accepted by the Township or some other
official agency, after which they become the responsibility of the
accepting agency.
C.
It is the responsibility of any person, corporation
or other entity doing any act on or across a communal stream, watercourse
or swale or upon the floodplain or right-of-way thereof to maintain,
as nearly as possible in its present state, the stream, watercourse,
swale, floodplain or right-of-way during the pendency of the activity
and to return it to its original or equal condition after such activity
is completed.
D.
Maintenance of drainage facilities or watercourses
originating and entirely on private property is the responsibility
of the owner to their point of open discharge at the property line
or at the communal watercourse within the property.
E.
No person, corporation or other entity shall block,
impede the flow of, alter or construct any structure or deposit any
material or thing or commit any act which will affect normal or flood
flow in any communal stream or watercourse without having obtained
prior approval from the Township or, when necessary, the Pennsylvania
Department of Forests and Waters.
F.
Where a subdivision is traversed by a watercourse,
there shall be provided a drainage easement or right-of-way conforming
substantially with the line of said watercourse and of such width
as will be adequate to contain the maximum rate of runoff from the
fully developed area upstream.
G.
Each person, corporation or other entity which makes
any surface changes shall be required to:
(1)
Collect on-site surface runoff and dispose of it to
the point of discharge into the common natural watercourse of the
drainage area.
(2)
Handle existing and potential off-site runoff through
his development by designing to adequately handle storm runoff from
a fully developed area upstream.
(3)
Pay his proportionate share (i.e., the proportion
that the area of his land bears to the area of the fully developed
drainage area) of the total cost of off-site improvements to the common
natural watercourse based on a fully developed drainage area.
(4)
Provide and install at his expense, in accordance
with Township requirements, all drainage and erosion control improvements
(temporary and permanent) as required by the erosion and sediment
control plan or proposal.
H.
The Township will assume the responsibility for maintaining
an open and free flowing condition in all minor streams, watercourses
and drainage systems constructed or improved in accordance with the
Township design criteria which are necessary for proper drainage,
in the discretion of the Township, if adequate right-of-way exists
or can be acquired.
I.
The Township shall be required to:
(1)
Assess and collect the cost of off-site improvements
to the common natural watercourse, except those required to existing
state roads. Collection may be delayed until the assessed land is
approved for development.
(2)
Acquire easements for such common natural watercourse
improvements.
(3)
Supervise such improvements to completion.
[Amended 4-10-1989 by Ord. No. 18L]
A.
Before accepting dedication of a retention basin, the Township shall be paid by the developer a required escrow fund according to the schedule set forth in Subsection B.
B.
Calculation of fund:
[Amended 12-6-1993 by Ord No. 93-29; 1-25-1999 by Ord. No. 98-103S]
|
Annual lawn maintenance:
| |
|
Dedicated area (acres) of detention basin lot
x $900/year =
| |
|
plus
| |
|
Annual fence maintenance:
| |
|
Length of fence (feet) x $15 (if chain link)
x 1.10 ÷ 30 years =
| |
|
or
| |
|
Length of fence (feet) x $10 (if post &
rail) ÷ 15 years Length x 0.12
| |
|
plus
| |
|
Annual tree maintenance:
| |
|
Length of fence (feet) ÷ 30 (feet) x
$25/year =
| |
|
Detention basin escrow fund = (annual lawn maintenance
+ annual fence maintenance + annual tree maintenance) ÷ .06
|
A.
The Board of Supervisors, in its consideration of
all preliminary plans of subdivision and land development, shall condition
its approval upon the execution of a formal agreement to provide erosion
and sediment control measures as required by this article.
B.
The installation and design of the required erosion
and sediment control measures shall be in accordance with the standard
specifications on file with the Township, including specifications
for the following:[1]
(1)
Debris basin (pages 56 through 70).
(2)
Grade stabilization structure (pages 52 through 55).
(3)
Grassed waterway or outlet (pages 47 through 51).
(4)
Mulching (pages 26 through 36).
(5)
Sodding (pages 26 through 36).
(6)
Temporary cover for critical areas (pages 9 through
12).
(7)
Temporary diversion (pages 37 through 41).
(8)
Permanent diversion (pages 42 through 46).
(9)
Permanent grass and legume cover for critical areas
on prepared seedbed (pages 13 through 18).
(10)
Permanent grass and legume cover for critical
areas on unprepared seedbed (pages 19 through 22).
(11)
Drainage, main or lateral (pages 84 through
87).
(12)
Drain (pages 71 through 83).
C.
Stream channel construction on watersheds with drainage
areas in excess of 320 acres, or in those cases where downstream hazards
exist, will conform to the criteria established by the Power and Water
Resource Board, Pennsylvania Department of Forests and Waters.
D.
Final plans for minimizing erosion and sedimentation,
as approved, shall be incorporated into the agreement and bond requirements,
as required under the Montgomery Township Subdivision Regulations.
E.
The approval of plans and specifications for the control
of erosion and sedimentation shall be concurrent with the approval
of the final plats of subdivision or land development and become a
part thereof.
F.
At the time that a building permit is applied for,
a review shall be conducted by the Township Engineer to ensure conformance
with the plan as approved. During the construction, further consultative
technical assistance shall be furnished, as required, by the Township
Engineer and the Montgomery County Soil and Water Conservation District.
During this development phase, the Township Zoning Officer shall inspect
the development site and enforce compliance with the approved plans.
G.
No subdivision or land development plan shall be approved
or a building permit issued unless there has been a plan approved
by the Board of Supervisors that provides for minimizing erosion and
sedimentation consistent with this article and all fees required herein
have been paid or provided for and the required improvements have
been installed in strict accordance with Township standards and specifications
or the Township is assured by means of a proper completion guaranty
in the form of a bond or a deposit of funds in escrow sufficient to
cover the cost of improvements as estimated by the Township.
H.
Permission for clearing and grading prior to recording
of plats may be obtained under temporary easements or other conditions
satisfactory to the Township.
A.
When written notice of a violation of any of the provisions
of this article has been served by the Township Zoning Officer or
any other person designated by him, such violation shall be discontinued
immediately.
B.
Any person violating any of the provisions of this
article shall be liable, on conviction thereof, to a penalty not exceeding
$500 for each and every offense, and whenever such person shall have
been notified by the Township Zoning Officer or by service of a summons
in a prosecution or other written notice that he is committing such
violations of this article, each day that he shall continue 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 by law collected.
In case any work is performed by any person
in violation of any of the provisions of this article, 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.
