[HISTORY: Adopted by the Board of Supervisors of the Township
of Middletown 6-4-1991 by Ord. No. 91-18 (Ch. 9, Part 1, of the
1992 Code). 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 Control, of the
Pennsylvania Code.
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 the Township
of Middletown, and to assure and safeguard health, safety, ecology
and the general welfare in the Township of Middletown.
From and after the effective date of this chapter, any grading,
paving, earth disturbance and alteration of drainage within the Township
of Middletown or activity qualified under § 411-105 or 411-106
herein shall be in conformity with this chapter. In the event of a
conflict between this chapter and floodplain regulations, the floodplain
regulations shall take precedence.
[Amended 8-16-2000 by Ord. No. 00-09]
As used in this chapter the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
An azonal 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.
The slope of a road, channel or natural ground.
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.
To finish the surface of a canal bed, roadbed, top of embankment
or bottom of excavation.
That portion of the floodplain (NFIP definition), including
the watercourse channel and adjacent land areas, which must be reserved
to carry the one-hundred-year recurrent interval flood without cumulatively
increasing the flood elevation more than one foot.
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:
The following activities require a grading permit:
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, drainage 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 by
any proposal involving a disturbance area in excess of 2,500 square
feet upon lands used for nonresidential purposes and 7,500 square
feet upon lands used for residential purposes.
The following activities require no grading permit:
A.
Improvements, such as erection of retaining walls, driveway
paving, minor regrading or activities on a property which do not adversely
affect the natural overland or subsurface flow of stormwater, drainage
of any premises, or adversely disturb the landscape, if such improvements
are limited to a gross area of up to 25 acres on any one property.
B.
Farming, gardening or lawn restoration, but not including sod
farming.
A.
Any person, firm or corporation proposing to engage in an activity
requiring a grading permit hereunder shall apply by the submission
of a plan.
C.
A separate plan shall be required for each grading permit.
D.
Five copies of the proposed plan, including specifications and
development schedules, shall be submitted to the Building Inspector/Zoning
Officer for a grading permit. One copy shall be forwarded to each
of the following: the Middletown Township Planning Commission and
the Township Engineer.
E.
The plan for a grading permit shall be accompanied by a fee
established in the Township of Middletown's Schedule of Fees[1] and collection procedures for all applications and other matters pertaining to Chapter 440, Subdivision and Land Development, and this chapter.
[1]
Editor's Note: Township fee schedules are on file in the Township
Municipal Building and available to be viewed on the Township's website
at www.middletownbucks.org.
[Amended 12-1-1992 by Ord. No. 92-17]
The plan for a grading permit shall include any or all of the
following elements, at the discretion of the Township Engineer, as
part of the plan submitted by an applicant for a grading permit:
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.
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 the Township
of Middletown 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.
[Amended 12-1-1992 by Ord. No. 92-17]
In addition to the requirements of § 411-109, and
where deemed necessary by the Township Engineer or the Building Inspector/Zoning
Officer, 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.
Calculations to determine runoff, which shall be based on the
Soil-Cover-Complex Method, a description of which is available from
the United States Department of Agriculture Natural Resources Conservation
Service and outlined in the currently effective Erosion and Sediment
Pollution Control Manual as published by the Commonwealth of Pennsylvania,
Department of Environmental Protection.
(1)
The design criteria for storm sewer piping on inlet systems
within a subdivision being developed shall be designed for a twenty-five-year
frequency storm; culverts across roadways shall be designed for a
fifty-year frequency storm; open watercourses and swales shall be
designed for a one-hundred-year frequency storm as prescribed in accordance
with the following:
(a)
The coefficient of runoff used for all areas upstream of any
drainage structure shall be computed on the basis of existing land
use and the projected land use described and shown on the Middletown
Township Comprehensive Plan and adjacent municipalities' comprehensive
plans, where applicable.
(2)
The following provisions apply to the carrying and disposal
of stormwater runoff:
(a)
All drainage facilities shall be designed to carry surface water
in such a manner as to prevent erosion or overflow.
(b)
The applicant shall agree to the granting and recording of easements
covering the installation and maintenance of drainage facilities.
(c)
The rate of runoff shall be no greater during and after the
range of design storms (from the two-year to the one-hundred-year
storm) when the development is completed than that which existed before
the development began. Appropriate measures or calculations shall
be provided to verify such provisions in those areas of the Township
which are not located within the Neshaminy Creek Watershed.
(e)
In all areas of the Township, the volume of the runoff resulting from the one-year, twenty-four-hour design storm (2.7 inches) will be detained for a minimum twenty-four-hour period in accordance with § 440-406G of Chapter 440, Subdivision and Land Development, as set forth in the Code of the Township of Middletown.
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 the site, conclusions and recommendations
to ensure stable soil conditions and groundwater control, as applicable.
The Township of Middletown 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.
Upon the approval of the plan by the Township Engineer, the
Building Inspector/Zoning Officer shall issue the necessary grading
permit.
[Amended 8-16-2000 by Ord. No. 00-09]
A.
Notwithstanding any provisions of this chapter or any condition
of the grading permit, 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.
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 place any fill in any portion
of any floodway within the Township.
E.
All new buildings, building additions, accessory buildings or
other structures shall have a finished floor elevation not less than
two feet above the one-hundred-year recurrence-interval flood elevation
as calculated and determined by the applicant and submitted for review
and approval by the Township Engineer.
F.
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.
G.
The owner of any property on which any work has been done pursuant
to a grading permit 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. The Township
is responsible for maintenance and repair within the right-of-way
of Township roads.
H.
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 currently effective Erosion
and Sediment Pollution Control Manual as published by the Commonwealth
of Pennsylvania, Department of Environmental Protection.
I.
All trees in an area of extreme grade change shall be protected
with suitable tree wells, unless necessity for removal is established.
Precautions shall be taken to prevent the unnecessary removal of trees.
J.
When required, adequate provisions shall be made for dust control
measures as are deemed acceptable by the Township Engineer.
K.
All plans and specifications submitted for a grading permit
shall include provisions for both interim (temporary) and ultimate
(permanent) erosion and sediment control. The design, installation
and maintenance of erosion and sediment control measures shall be
accomplished in accordance with standards and specifications established
by the County Soil Conservation District, as adopted from standards
and specifications of the United States Natural Resources Conservation
Service, and as outlined in the currently effective Erosion and Sediment
Pollution Control Manual as published by the Commonwealth of Pennsylvania,
Department of Environmental Protection.
(1)
Technical standards for the design and installation of erosion
and sediment control measures are on file with the Township of Middletown,
the office of the County Conservation District and other governmental
agency offices.
(2)
Standards and specifications adopted for the purposes of this
chapter and by the County Conservation District include, but are not
limited to, the following basic conservation measures:
(a)
Temporary cover on critical areas.
(b)
Permanent grass and legume cover for critical areas on prepared
seedbed.
(c)
Permanent grass and legume cover for critical areas on unprepared
seedbed.
(d)
Sodding.
(e)
Mulching.
(f)
Temporary diversion.
(g)
Permanent diversion.
(h)
Grassed waterway or outlet.
(i)
Grade stabilization structure.
(j)
Debris basin.
(k)
Drain.
(l)
Drainage mains or laterals.
L.
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 D1556. The density of each layer shall be not less than 95% of
maximum density as determined by ASTM D1557.
(1)
Inspection procedure shall follow the general procedures as
stated in § 411-113.
(2)
Compaction test reports shall be kept on file at the site and
be subject to review at all times.
(3)
Degree of compaction required shall be determined by the Township
Engineer, following the guidelines in this section.
A.
All inspections shall be the responsibility of the Township
Engineer or, in his absence, a qualified person acceptable to the
Township Engineer and the Township of Middletown.
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 the 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 the issuance of an occupancy
or use permit.
Permittees shall bear all costs of inspection required or permitted
hereunder and shall deposit with the 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 procedures for
matters pertaining to this chapter.
The fee for a grading permit shall be fixed by the Board of
Supervisors pursuant to resolution.
An applicant may file an appeal within 30 days from the date
of any determination made by the Building Inspector/Zoning Officer
under this chapter. The Board of Supervisors shall have exclusive
jurisdiction to hear and render final adjudication in all appeals
from the determination of the Building Inspector/Zoning Officer in
the administration of the provisions of this chapter.
[Amended 6-23-1998 by Ord. No. 98-08]
Any person, firm or corporation who shall violate any provision
of this chapter, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this chapter continues
or each section of this chapter which shall be found to have been
violated shall constitute a separate offense.
In addition to the penalties as set forth in § 411-117,
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.
