[HISTORY: Adopted by the Board of Supervisors of the Township of
Willistown 12-10-1974 by Ord. No. 8-1974.
Amendments noted where applicable.]
The purpose of this chapter is to regulate modification of natural terrain
and alteration of drainage by providing for certain runoff, erosion and sediment
control measures within Willistown Township (the "township") to protect public
health, safety and welfare. This chapter shall be known and may be cited as
the "Willistown Township Soil Erosion, Sedimentation and Grading Control Ordinance."
It implements Title 25, Rules and Regulations, Part I, Commonwealth of Pennsylvania,
Department of Environmental Resources, 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 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 a permit.
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 a permit.
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 a permit.
D.
Whenever the topography or vegetation is to be disturbed and the proposal involves less than one acre, a permit shall be required, subject to Subsection E of this section, but no fee shall be payable.
E.
Notwithstanding the prior provisions of this § 109-2, no permit shall be required hereunder for:
(1)
Any activity for which a permit must be obtained from
any agency of the Commonwealth of Pennsylvania;
(2)
Normal agricultural operations; or
(3)
Any developed residential lot where the following conditions
are met: the aggregate area disturbed at one time does not exceed 5,000 square
feet; the grade level is not changed to an extent which substantially alters
the direction or increases the rate of runoff in such area; and all bare earth
is promptly seeded, sodded or otherwise effectively protected from erosion.
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 § 109-7 hereof upon issuance of the permit.
B.
The applicant is encouraged to consult with surrounding
municipalities which can be affected by, or can affect, the proposed land
development. He should also consult the Willistown Township Zoning Ordinance
of 1981, as amended, and the Willistown Township Subdivision and Land Development
Ordinance of 1984, which regulate the development of land within the township.[1][Amended 6-10-1986 by Ord. No. 5-1986]
C.
A separate application shall be required for each grading operation. Three copies of all the documents referred to in § 109-4 hereof shall be submitted with each application, one of which at the discretion of the Township Engineer shall be submitted to the Chester County Conservation District for review and comment. At any time when the township does not have either an employed or regularly retained engineer or firm of engineers, all applications shall automatically be forwarded to said District for such purpose.
The application for a permit 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 of the work, including topography,
existing vegetation, watercourses, man-made features, the watersheds and other
pertinent natural features. This may be in the form of a recent United States
Geological Survey 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 equals 50 feet and contour interval of no more than
two feet to zero inches, 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 Chester County Soil Conservation District)
and any other pertinent existing natural or man-made features.
D.
A written description of soil erosion and sediment control measures (with appropriate plans and specifications), in accordance with standards and specifications of the United States Department of Agriculture Soil Conservation Service, Chester County Conservation District and township ordinances, including, without limitation, retention basins or other control measures necessary to limit the rate of stormwater runoff to comply with the requirements of § 109-5C hereof.
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 of this section and the time of exposure of each area prior to the completion of such measures.
When the area of site to be disturbed exceeds one acre, or when smaller
sites are environmentally sensitive because of the presence of watercourses
or unusual drainage conditions, the Township Engineer may require any or all
of the following additional information. This information shall be supplied
when the area to be disturbed exceeds five acres, and it shall then be prepared
by a registered professional civil engineer, agronomist or other professional
qualified in hydrology:
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, which is available from the United States Department
of Agriculture Soil Conservation Service, West Chester, or, if the applicant
can demonstrate the inappropriateness of such method, calculations may be
based upon other generally accepted and applicable engineering methods. The
design criteria for storm sewer piping, inlet systems retention basins, spillways,
culverts, swales and all related facilities shall be those published by the
United States Department of Agriculture Soil Conservation Service and available
at its office in West Chester. The coefficient of runoff used for all areas
upstream of any drainage structure shall be computed on the basis of the projected
land use contained in the Township Comprehensive Plan.
C.
The following provisions apply to the carrying and disposal
of stormwater runoff:
(1)
All drainage facilities shall be designed in the most
practicable fashion to control surface water runoff in such a manner as to
prevent erosion and flooding. Such facilities shall be designed to retard
the rate of storm water runoff to approximately the same rate as that existing
prior to construction of the project.
(2)
The applicant shall agree to the granting and recording
of easements for drainage facilities, including acceptance of the discharge
of water from the property of others, provisions for maintenance of slopes
and swales and access for the maintenance of anti-erosion facilities.
D.
If load-bearing fill is proposed, a soils investigation
report shall be submitted 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 include
data regarding the nature, distribution and supporting ability of existing
soils and rocks on the site; conclusions and recommendations to ensure stable
soil conditions; and groundwater control, as applicable. The township may
require such supplemental reports and data as is deemed necessary by the Township
Engineer.
(1)
Fills toeing out on natural slopes steeper than four
horizontal to one vertical shall not be made unless approved by the Township
Engineer after receipt of a report by a registered professional engineer,
qualified in soils analysis, certifying that he has investigated the property,
made soil 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,
as determined by the Township Engineer, prior to placing all classes of fill.
The Township Engineer shall approve and issue all permits in letter
form.
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 by 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 ditches, culverts, drainpipes and drainage structures
shall be kept open and free flowing at all times.
D.
No person, firm or corporation shall deposit or place
any debris or other material in any watercourses, drainage ditch or structure
in such a manner as to obstruct free flow.
E.
The owner from time to time of any property on which
any work has been done pursuant to a permit granted under this chapter shall
continuously maintain and repair all graded surfaces and anti-erosion devices,
such as retaining walls, drainage structures or means, plantings and ground
cover, installed or completed. Each permit holder shall advise transferees
of property covered by a permit, in writing, of the requirements of this section,
prior to entry of a binding agreement of sale for such property.
F.
All graded surfaces shall be seeded, sodded, planted
or otherwise protected from erosion within 60 days, weather permitting, and
shall be watered, tended and maintained until growth is well established.
The disturbed area and duration of exposure shall be kept to a practical minimum.
G.
Precautions shall be taken to prevent the unnecessary
removal of trees and their protection by suitable tree wells, as determined
by the Township Engineer.
H.
When required, adequate provisions shall be made for
dust-control measures as determined by the Township Engineer.
I.
All plans and specifications accompanying applications
for permits shall include provisions for both temporary and 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 United States Department of Agriculture
Soil Conservation Service and the Chester County Soil Conservation District.
K.
A quality control program is critical for fills. Therefore,
wherever load-bearing fill material is to be used, each layer of compacted
fill shall be tested to determine its dry density per ASTM D 1556. The density
of each layer shall not be less than 95% of maximum dry density as determined
by ASTM D 1557.
M.
Compaction test reports shall be kept on file at the
site and be subject to review at all times by the Township Engineer.
A.
All inspections shall be the responsibility of the Township
Engineer or, in his absence, a qualified person acceptable to the township.
C.
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 as contained
herein.
D.
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 permit.
[Amended 6-10-1986 by Ord. No. 5-1986]
A fee of $50 is required upon initial submission of an application under this chapter, except as provided by § 109-2D. Cost of all inspections (other than the initial inspection and the final inspection) will be billed to the applicant as inspections are completed, at the rate of $25 per inspection. Payments shall be made within 30 days, and no occupancy permit will be issued until all payments have been made. If the applicant has paid a fee under another township ordinance, such as the Subdivision and Land Development Ordinance of 1984,[1] the Zoning Officer may waive any or all of the fees under this
chapter as he determines to be equitable. If an application involves less
than one acre, no fee will be required.
Any permit issued under this chapter may be revoked or suspended by
the Board of Supervisors of the township after notice for:
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 extension as may be granted by the Township
Engineer.
B.
Violation of any other condition of the permit.
C.
Violation of any provision of this chapter 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.
[Amended 6-10-1986 by Ord. No. 5-1986]
The Township Engineer, before issuing a permit for a project which exceeds
five acres, shall require cash bond or corporate surety bond in a form satisfactory
to him conditioned upon the faithful performance of the control measures and
other conditions specified in the permit within the time specified, or within
any extension thereof granted by the Township Engineer in the amount of the
total estimated cost of all control measures and safeguards for adjoining
properties. Said bond may be combined with a bond filed under the Township
Subdivision and Land Development Ordinance of 1984.[1] Each bond shall be maintained and renewed annually and shall be
executed by a surety or guaranty company qualified to transact business in
the commonwealth.
In 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 chapter or any
regulations made pursuant thereto, the proper township authorities, in addition
to other remedies provided by law, may institute any appropriate action or
proceedings to prevent such unlawful activity; to restrain, correct or abate
such violation; or to prevent the use of the applicable 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
or his surety.
[Amended 6-10-1986 by Ord. No. 5-1986]
For any and every violation of the provisions of this chapter, 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 of 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 be liable
on conviction thereof to a fine or penalty not exceeding $300 plus costs,
for each and every offense, or, in default of payment thereof, by imprisonment
for a term of not more than 30 days, in the discretion of the Justice before
whom the conviction is obtained. Whenever such person or persons shall have
been officially notified by the Zoning Officer or by service of a summons
in a prosecution or in any other official manner that he is committing a violation
of this chapter, 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.
