[[1]HISTORY: Adopted by the Township Council of the Township
of Middletown 7-26-2004 by Ord. No. 654. Amendments noted where
applicable.]
GENERAL REFERENCES
Construction codes — See Ch. 89.
Stormwater management — See Ch. 198.
Subdivision and land development — See Ch. 210.
[1]
Editor's Note: The title of this chapter was changed from
"Soil Erosion and Sedimentation Control" to "Grading and Excavating" 12-9-2019 by Ord. No. 814.
A.
The purpose of this chapter is to regulate the modification
of natural terrain and the alteration of stormwater runoff by providing
for certain soil erosion and sediment control management measures
within the Township in order to protect the public health, safety
and welfare of the general public. It is the intent of this chapter
to implement the current Title 25, Rules and Regulations, Part 1,
Department of Environmental Protection, Subpart C, Protection of Natural
Resources, Article II Water Resources, Chapter 102, Erosion Control.
B.
In addition to the requirements of this chapter, there
is a Department of Environmental Protection requirement for a NPDES
permit (National Pollutant Discharge Elimination System). Persons
proposing earth disturbance activities which disturb five or more
acres, or an earth disturbance on any portion, part, or during any
stage of, a larger common plan of development or sale that involves
five or more acres of earth disturbance over the life of the project,
or persons proposing earth disturbance activities with a point source
discharge to surface waters of the commonwealth that disturb from
one to less than five acres, or an earth disturbance on any portion,
part, or during any stage of, a larger common plan of development
or sale that involves one to less than five acres of disturbance with
a point source discharge to surface waters of the commonwealth over
the life of the project, must apply for the general NPDES permit for
stormwater discharges associated with construction activities. A point
source is defined as any discernible, confined and discrete conveyance,
including but not limited to any pipe, ditch, channel, tunnel, well,
discrete fissure, or container from which pollutants are or may be
discharged.
A.
Any person engaging in activities which disturb the nature topography and vegetation of their land or the land of others shall submit a soil erosion and sedimentation control plan to the Township for review and approval, and ensure compliance with § 275-198A through F, if applicable.
[Amended 9-10-2018 by Ord. No. 795]
B.
The following activities are specifically included
under this chapter, which shall be known and may be cited as the Middletown
Township "Soil Erosion and Sedimentation Control Regulations."
(1)
Alteration of any existing grade or ground cover as
a result of excavation, paving, filling, stripping, clearing, and
the like over 1,000 square feet.
(2)
Disturbance of natural overland or subsurface flow
of stormwater by diversion, blockage, or alteration of flow rate by
grading operations.
(3)
Obstruction of the natural drainage of land by the
construction of dams, retaining walls, ditches, culverts, bridges
or other structures.
The following activities are specifically exempt
from this chapter:
A.
Use of land for gardening primarily for home consumption.
B.
Agricultural use of lands in accordance with a farm
conservation plan approved by the Delaware County Conservation District.
C.
Individual lot grading permits shall not be required
if the finally approved and recorded subdivision and land development
plan contains an approved grading plan for the entire tract to be
developed, and if in the opinion of the Township Engineer, the proposed
development of the individual lots does not sufficiently deviate from
the overall grading plan. If the Township Engineer determines that
an individual lot grading permit is required because of change in
ownership or other circumstances, the applicant shall comply with
the provisions of this chapter.
D.
In all cases where a proposed activity does not require
a permit under this chapter, the landowner shall at all times comply
with the applicable provisions of this chapter and the soil erosion
and sedimentation control provisions. All bare earth shall be promptly
seeded, sodded or otherwise stabilized and effectively protected from
soil erosion.
A.
The permittee, who shall be the landowner of record
identified in the application, shall be responsible for any property
damage or personal injury which occurs in the performance of any activity
under this chapter, even if the activity requires no permit. Escrow
shall be posted, in accordance with a resolution adopted by the Township,
from time to time, to ensure completion of any activity.
B.
No person, firm, corporation or entity shall modify,
fill, excavate, pave, grade or regrade or otherwise disturb land within
the Township, in any manner as to endanger or damage public or private
property, or to cause physical damage or personal injury. All precautions
shall be taken to prevent any damage to adjoining streets, sidewalks,
buildings and other structures which could be caused by settling,
cracking, soil erosion or sediment deposition.
C.
The management and the control of accelerated soil
erosion on the site, both during and upon completion of the disturbances
associated with grading, a proposed subdivision and/or land development,
shall be accomplished in accordance with the standards and criteria
of this chapter. The design of any temporary or permanent facilities
and structures and the utilization of any natural drainage systems
shall be in full compliance with these provisions.
D.
No person, firm, corporation or entity shall fail
to adequately maintain in good operating order any drainage facility
on his premises. All watercourses, drainage ditches, culverts, drain
pipes and drainage structures shall be kept open and free flowing
at all times.
E.
A landowner or developer shall be responsible for
the maintenance of all disturbed areas, soil erosion and sedimentation
control devices, drainage facilities, stormwater management structures,
and other related structures during and after construction is completed.
F.
All graded surfaces shall be seeded, sodded, planted
or otherwise protected from erosion within 20 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 within the
identified limits of disturbance.
G.
Adequate provisions shall be made for dust control
as determined by the Township Engineer.
H.
Any landowner and any person engaged in the alteration
or development of land which may affect stormwater runoff characteristics
shall implement such measures as are reasonably necessary to prevent
injury to health, safety, or other property. These measures shall
include such actions and are required:
(1)
To insure that the maximum rate of stormwater runoff
is not greater after development than prior to development activities;
and
(2)
To manage the quantity, velocity, quality and direction
of the resulting stormwater runoff in a manner which otherwise adequately
protects health and property from possible injury.
A.
Soil erosion and sedimentation control plans shall
be submitted for all subdivisions, land developments and/or any other
regulated land disturbance activity within the Township. The Township
or its designated representative shall ensure and enforce compliance
with the appropriate standards.
B.
Measures used to control soil erosion and reduce sedimentation
shall as a minimum meet the latest revised standards, specifications
and/or regulations of the Commonwealth of Pennsylvania, Department
of Environmental Protection in its Soil Erosion and Sedimentation
Control Manual.
C.
Any land disturbance activity whether subdivision,
land development and/or other project shall be conducted only in compliance
with the following principles:
(1)
There shall be no increase in or redirection of discharge
of sediment or other solid materials from the site as a result of
stormwater runoff; and any increase shall be deemed a violation of
this chapter.
(2)
Erosion and sedimentation control devices, such as
temporary vegetation and mulch, temporary earthen berms, interceptor
dikes, ditches, diversion terraces, rock filter berms, crushed stone
tire scrubbers, silt basins, silt fences, and the like, appropriate
to the scale of operations, shall be installed concurrent with earthmoving
activities and whenever any situation is created which would contribute
to increased soil erosion.
(3)
Earthmoving operations shall be minimized where possible
and practicable to preserve desirable natural features and the topography
of the site. No cut or fill shall be steeper than 3:1 and should be
blended into the existing topography.
(4)
Stripping of vegetation, regrading or other development
shall be done in such a way that will minimize soil erosion.
(5)
To the maximum extent practicable, mature, healthy
trees of at least 12 inches in caliper and other significant existing
vegetation shall be retained and protected. Such trees shall not be
removed, except as provided on the approved plan accompanying the
land disturbance activity. The filling of soil more than five inches
over the roots of trees to be preserved is prohibited. (The roots
are presumed to extend out from the tree as far as the branches of
the tree extend outward.)
(6)
Land disturbance shall be limited to the actual construction
site and an access strip. The amount of disturbed area and the duration
of exposure shall be kept to a minimum. Disturbed areas shall be stabilized
with vegetation, mulch, erosion control fabric, and the like, as soon
as possible after earthmoving procedures.
(7)
Provisions shall be made to effectively accommodate
the increased runoff caused by changed soil and surface conditions
during and after development. Water runoff shall be minimized and
retained on-site wherever possible to facilitate groundwater recharge.
(8)
Temporary vegetation and/or mulching shall be used
to protect critical areas during development ("Critical areas" shall
be construed to mean those portions of a site which are extremely
vulnerable to soil erosion.)
(9)
The permanent final vegetation and structural soil
erosion control and drainage measures shall be installed as soon as
practical in the development in accordance with the approved plans.
(10)
Sediment in the runoff water shall be trapped
until the disturbed area is stabilized by the use of debris and sediment
basins, silt fences or other approved measures. Sediment deposits
in basins, silt fences, and the like, shall be removed at periodic
intervals during the construction period.
(11)
Soils and rock or geologic formations with water
supply potential shall be protected from contamination by surface
water or other source or disruption caused by construction activity.
Prior to any work, protective procedures shall be developed and submitted
to the Township Engineer for review and approval.
(12)
A soil erosion and sedimentation control permit
shall be obtained as required from the Pennsylvania Department of
Environmental Protection for all developments in which more than one
acre will be disturbed.
D.
The following practices shall be required for all
subdivisions, land developments and/or other regulated land disturbance
activity, unless the Township determines that they are not applicable.
(1)
Silt fences shall be utilized in lieu of straw bale
silt barriers and shall be securely anchored in place.
(2)
Approved silt fences or silt traps shall be placed
at all inlets, headwalls, basin outlets and similar drainage structures
during the construction period in order to prevent sediment from entering
any watercourse, storm drainage system, or other areas downstream.
(3)
Temporary on-lot berms shall be required during construction.
The top width of the berms shall be a minimum of three feet in width,
with side slopes of 3:1 maximum.
(4)
Crushed stone tire scrubbers shall be placed at all
entrances to construction areas immediately at the time of commencement
of construction. Tire scrubbers shall be of sufficient width and length
to prevent the transportation of sediment off of the construction
site.
(5)
Temporary and permanent seeding and mulch specifications
shall be noted on all plans. The specifications shall include lime
and fertilizer rates of application, as well as other provisions regarding
procedures and materials. The Township shall require hydro-seeding
of all graded areas associated with street construction and stormwater
management basins. Seeding and mulch must be done within 20 days of
disturbance, unless otherwise specified.
(6)
During roadway grading, interceptor dikes shall be
installed on all roadway subgrades with slopes in excess of 5% to
prevent soil erosion of the subgrade. The interceptor dikes shall
divert runoff through silt traps or silt fences.
(7)
The crushed stone base course for driveways, roadways
and parking areas shall be applied as soon as possible after grading
procedures, in order to prevent soil erosion of the subgrade.
(8)
Drainage swales and ditches, and all slopes greater
than 4:1 shall be protected against erosive velocities with soil erosion
control measures such as erosion control fabric and other material
as approved by the Township.
(9)
Energy dissipaters and/or stilling basins shall be
installed at the outlet end of all storm drainage facilities.
(10)
All road rights-of-way and stormwater management
basins shall be hydro-seeded within seven days of final grading.
A.
General requirements for subdivisions and/or land developments. For all subdivisions and/or land developments, a soil erosion and sediment control plan and report shall be submitted containing but not limited to the information required below. For any other regulated land disturbance activity, see Subsection B below. The determination of the need for additional information shall be made by the Township Engineer after conducting a review of the following:
(1)
A map depicting the total watershed. A USGS Quadrangle
Map is suitable as the source for such a map. However, the watershed
area must be highlighted or otherwise distinguished from other areas
outside the watershed.
(2)
Maps and drawings showing all existing and proposed
drainage facilities affecting the subject property.
(3)
A plan of the site, at a scale of no less than one
inch equals 50 feet, prepared by a registered engineer or surveyor
and including the following:
(a)
All existing topographic features with a contour
interval of at least two feet.
(b)
Boundary survey information.
(c)
Location and description of all vegetative and
land cover characteristics.
(d)
All existing utilities.
(e)
Soil types.
(f)
All existing natural or man-made features as more fully required in Chapter 210, Subdivision and Land Development.
(g)
All proposed improvements, including but not
limited to proposed buildings, driveways, swimming pools, stormwater
drainage systems, sewage disposal systems, wells, stormwater management
facilities, grading, soil erosion and sedimentation controls and procedures,
and the like.
(h)
Profiles of all proposed sewers, including elevations,
sizes, slopes and materials, at a scale of no less than one inch equals
50 feet horizontal and one inch equals five feet vertical.
(i)
Staging of earthmoving activities and program
of operation.
(j)
Locations, dimensions and design details required
for the construction of all facilities.
(k)
All soil erosion and sedimentation control measures,
temporary as well as permanent, and sufficient detail in order to
clearly indicate effectiveness of the plan.
(l)
Project specifications relative to stormwater
control, soil erosion and sedimentation.
(m)
When major control facilities, such as detention/retention
basins, are planned, soil structures and characteristics shall be
investigated and analyzed. Plans and data shall be prepared and submitted
by a licensed professional engineer or geologist with experience and
education in soil mechanics. These submissions should consider and
offer design solutions for frost heave potential, shrink-swell potential,
soil bearing strength, water infiltration, soil settling characteristics,
suitability of existing soils for placement of fill, fill and backfilling
procedures and soil treatment techniques as required to protect the
improvements or structures.
(4)
The design computations for the stormwater drainage
systems including storm drain pipes and inlets, runoff control measures,
and culverts and drainage channels.
(5)
A narrative report of the project stating the proposed
and engineering assumptions and calculations for control measures
and facilities. The following information shall be included:
(a)
General description of the project.
(b)
General description of accelerated runoff control
plan.
(c)
General description of soil erosion and sedimentation
control plan.
(d)
Expected project time schedule, including anticipated
start and completion dates.
(e)
The stormwater characteristics of the project
as related to its location within the watershed(s).
(f)
On-site detention methods.
(g)
Methodology and basis of design computations.
(h)
Brief description of soils and their characteristics.
(6)
The soil erosion and sedimentation control plan shall
comply with all other applicable provisions of this chapter and any
other applicable Township ordinances, codes or regulations.
B.
General requirements for any other regulated land
disturbance activity.
(1)
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 affected
watersheds and other pertinent natural features.
(2)
A topographical survey plan 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, prepared by a registered engineer or surveyor,
also including a boundary line survey, the location and description
of vegetative cover, soil types and any other pertinent existing natural
or man-made features.
(3)
An improvements plan at the same scale as the topographic
survey plan showing and describing all changes to the site including
cuts, fills, structures, paving, utilities, all erosion and sedimentation
controls, stormwater management facilities, details, procedures, etc.
(This information may be combined with the topographic survey plan,
provided the combined plan is clear and legible.)
(4)
A time 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.
(5)
Special requirements. The Township may require any
additional information when the area of a site to be disturbed exceeds
one acre, or when smaller sites are environmentally sensitive because
of the presence of watercourses, steep slopes, woodland and the like.
(6)
All plans required pursuant to this chapter shall
be prepared and sealed by a registered engineer, land surveyor or
landscape architect licensed in the Commonwealth of Pennsylvania.
All requirements of the Pennsylvania Department
of Transportation, Pennsylvania Department of Environmental Protection
and/or the USDA Natural Resources Conservation Service and the Delaware
County Soil Conservation Service, with regards to erosion and sediment
control, shall be followed, and evidence of approvals by those agencies
shall be submitted to the Township.
A.
Whenever sedimentation is caused by stripping vegetation,
regrading or other development, it shall be the responsibility of
the person causing such sedimentation to remove the accumulated sediment
from all adjoining or downstream properties, surfaces, drainage systems,
watercourses and roadways and to repair any damage at his expense
as quickly as possible.
B.
All necessary soil erosion and sedimentation control
measures installed under this chapter, shall be adequately maintained
by the landowner or developer during and after completion of the approved
plan.
In addition to the soil erosion and sedimentation control regulations of this chapter, any land disturbance activity whether subdivision, land development and/or other project shall also comply with Chapter 198, Stormwater Management. In the event of a conflict or inconsistency between the requirements of this chapter and Chapter 198, regarding stormwater management, the requirements of Chapter 198 shall control.
A.
Any person, firm or corporation proposing to engage
in an activity requiring a permit hereunder shall apply for a permit
by written application on a form furnished by the Township.
B.
A separate application shall be required for each
grading permit. Three copies of the proposed plan, including specifications
and timing schedules, shall be submitted with each application for
a permit. One of the copies, at the discretion of the Township, shall
be submitted to the Delaware County Conservation District for comment
and review.
C.
The application for a permit shall be accompanied
by a permit fee, which shall be established by Township resolution,
as adopted by Township Council from time to time.
D.
Before any permit is granted, the applicant shall
post an escrow account with the Township. The exact sum shall be determined
by Township resolution. For larger tracts of land, an escrow agreement
shall be signed by the applicant and approved by the Township Manager
and/or Engineer, the condition of which shall be a full and complete
compliance with this chapter, and all terms of the permit. Among other
items, the escrow account shall be used for the repayment of the costs
incurred by the Township for inspections, to reestablish the erosion,
sediment and stormwater control features, and to repair any damage
done to adjacent properties. Once the escrow account is 50% depleted,
it shall be replenished to the original amount.
E.
The permit shall be valid for the time period indicated
on the permit, or two years, whichever is less. The applicant may
request the permit period be extended by giving 30 days written notice
to the Township prior to expiration of the permit. At this time, the
Township shall review the status of the permit and shall decide whether
or not to grant or deny the extension.
All earthwork and materials shall be subject to inspection for conformity with the terms of this chapter and Chapter 210, Subdivision and Land Development.
A.
The Township may inspect any earth disturbing or water
flow alteration activities covered by this chapter on a random basis
to assure full compliance with the soil erosion and sedimentation
control plans on file in the Township.
B.
During inspections, if it is found that the soil or
other conditions are not as stated or shown in the application and
plans approved or the work is not proceeding in accord with the plans,
the Township may refuse to approve further work and revoke and or
all permits and/or agreements until approval is obtained for a revised
soil erosion and sedimentation control plan conforming to existing
conditions.
C.
If, at any stage of the work, the Township shall determine
by inspection that the nature of the work is such that further work
as authorized by an existing permit is likely to endanger property,
streets, or create hazardous conditions, the Township may require
as a condition to allowing the work to be done that such reasonable
safety precautions shall be implemented by the permittee as the Township
considers advisable to avoid such likelihood of danger.
D.
No person shall interfere with or obstruct the ingress
or egress to or from any such site or premises by an authorized representative
or agent of the Township engaged in the inspection of work for compliance
with the approved plans.
E.
All plans must be kept on the site during construction
and through to inspection.
F.
A final inspection shall be conducted by the Township Engineer to certify compliance with this chapter. Compliance with this chapter and/or Chapter 210, Subdivision and Land Development, shall be necessary before issuance of an occupancy permit.
G.
For any work authorized by the Township under this
chapter that remains uncompleted, the permittee may request a temporary
certificate of occupancy from the Township. If approved, the temporary
certificate shall contain a written list of uncompleted items and
is valid for no more than 30 days from the date of issuance. In addition,
the permittee shall post additional escrow with the Township sufficient
to satisfy the cost of completing the uncompleted items listed on
the temporary certificate. No permanent certificate of occupancy shall
be issued until all of the uncompleted items have been completed.
In the event that the permittee fails to satisfy the uncompleted items
within the time stated on the temporary certificate, the Township,
may, in addition to any other remedies available to it in law or equity,
draw upon said escrow funds and cause the outstanding items to be
completed.
All applicants shall bear all costs of inspections required hereunder. Such costs shall be deducted from the escrow account as established under § 186-10D above. The costs of inspections shall be charged at the rate established by Township resolution, adopted by Township Council from time to time, or actual costs incurred. The Township shall have the right to seek outside consultants to provide independent inspections, plan review and inspection reports.
For applications not involving subdivision or
land development review and approval, one or more provisions of this
chapter may be modified by the Township Council, upon recommendation
of the Township Engineer, if the literal enforcement of the provisions
will exact undue hardship because of peculiar conditions pertaining
to the land in question, provided such modification will not be contrary
to the public interest and that the purpose and intent of this chapter
is observed.
A.
All requests for a modification shall be in writing.
The request shall state in full the grounds and facts of unreasonableness
or hardship on which the request is based, the provision or provisions
of this chapter involved and the minimum modification necessary.
B.
The Township shall keep a written record of all action
on all requests for modifications.
C.
In granting any modification, the Township Council
shall prescribe any conditions that they deem necessary to or desirable
for the public interest. In making their findings, the Township Council
shall take into account the nature of the proposed use of land and
the existing use of land in the vicinity, the probable effect of the
proposed subdivision and/or upon traffic conditions, fire, police
protection and other utilities and services in the vicinity. No modification
shall be granted unless the Township Council finds:
(1)
That there are special circumstances or conditions
affecting said property such that the strict application of the provisions
of this chapter would deprive the applicant of the reasonable use
of the land.
(2)
That the modification is necessary for the preservation
and enjoyment of a substantial property right of the applicant.
(3)
That the granting of the modification will not be
detrimental to the public welfare or injurious to other property in
the area in which said property is situated.
Any person, firm or corporation violating any
provisions of this chapter shall, upon summary conviction before any
Magisterial District Judge, be fined an amount not exceeding $500
and costs of prosecution, and in default thereof, may be imprisoned
in the county jail for a term of not more than 30 days. Each and every
day in which any person, firm or corporation shall be in violation
of this chapter shall constitute a separate offense.
