[Ord. 2006-06, 6/27/2006]
The name of the Chapter shall be the "Allen Township Earth Disturbance
Ordinance."
[Ord. 2006-06, 6/27/2006]
1.
Earthmoving and grading including, but not limited to, removal of
vegetation and/or changes in topography are activities regulated by
this Chapter.
2.
Earthmoving and grading activities shall be subject to the requirements of State soil erosion and sedimentation control regulations, Township Zoning Ordinance [Chapter 27], Township Subdivision and Land Development Ordinance [Chapter 22], Township Floodplain Ordinance [Chapter 8] and the Township Stormwater Management Ordinance [Chapter 8], whether or not it is regulated by this Chapter.
3.
All requirements, regulations, specifications and provisions of this
Chapter apply to all earthmoving activities regardless of whether
a permit is required.
4.
A permit is required for any earthmoving activity; however, notwithstanding
anything to the contrary set forth in this Section, no permit shall
be required pursuant to this Chapter in the following circumstances:
A.
Earth disturbance for the purposes of normal agricultural operations,
gardening and topsoil preparation for planting of grass or other vegetative
groundcover;
B.
The area of disturbance is on property less than 8% slope and one
or more of the following apply:
(1)
No disturbance is proposed within 10 feet of a property line.
(2)
Earth disturbance results in a slope flatter or equal to than
10:1 within 10 feet of a property line.
(3)
The grading being performed is in accordance with proposed grading
shown on an approved subdivision or land development plan; or
C.
Earth disturbance necessary for the construction or repair of public
utilities and/or roads by public agencies, and/or Public Utility Commission
regulated utility companies; or
D.
Earth disturbance performed by Allen Township.
[Ord. 2006-06, 6/27/2006]
It shall be unlawful for any person, firm or corporation to
undertake any of the following activities without complying with the
provisions of this Chapter:
A.
To remove vegetated ground cover or improved ground cover;
B.
To cut, fill or change the existing grade of any land;
C.
To disturb, modify, block, divert or affect the existing overland
or subsurface flow of stormwater; or
D.
To construct, erect or install any dam, ditch, culvert, drainpipe,
bridge or any other obstruction affecting the drainage of any property,
or portion thereof.
[Ord. 2006-06, 6/27/2006]
Whenever any proposed activity requires a building and/or driveway
permit, no such building or driveway permit shall be issued unless
any permit required hereunder has been issued. The plans and applications
required herein may be combined, when applicable, with plans and application
materials submitted for building and/or driveway permits.
[Ord. 2006-06, 6/27/2006]
1.
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 § 9-107 hereof upon issuance of the permit.
2.
The applicant shall consult the Allen Township Zoning Ordinance [Chapter 27], Subdivision and Land Development Ordinance [Chapter 22], Floodplain Ordinance [Chapter 8] and Stormwater Ordinance [Chapter 8], as prepared, and as may be amended, which govern the development of land within the Township prior to making application for a permit under the Chapter.
3.
A separate application shall be required for each earth disturbance
operation. Three copies of all the documents referred to below shall
be submitted with each application. The application forms submitted
shall consist of the forms provided by the Township, together with
the required fees. All applications shall be submitted to the Township
Zoning Officer, who shall retain one for Township records and forward
two copies of all documents to the Township Engineers for initial
plan review.
4.
The Township's Secretary, within 10 days of the adoption of
this Chapter, shall establish operating procedures including the required
number of copies of the application, the content of the application,
and all the above shall be in conformity with the provisions of this
Chapter. The Board of Supervisors of Allen Township shall determine
the fees for such permits, from time to time, by resolution.
5.
Any application for an earth disturbance permit shall be accompanied
by a plan showing the following:
A.
A topographic 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 zero inches, prepared by a registered professional land surveyor or registered professional engineer, including a boundary line survey, the location and description of vegetative cover, the general location of all major trees (as defined by the Township Zoning Ordinance [Chapter 27]) and any other pertinent existing natural or man-made features. Interpolated contours from USGS maps or any other similar source are not acceptable. The plan size shall be a minimum 8 1/2 inches by 14 inches.
B.
This topographic survey plan shall also show existing rights-of-way
and easements.
C.
A site improvement and grading plan of the same size and scale as
Subsection (5)(A) hereof, showing and describing all changes to the
site including final contours, structures, paving, waste disposal
systems and wells. This improvement and grading information may be
combined on the topographic survey when all information can be clearly
and legibly shown. This site improvement and grading plan shall show
(on one or more plans) the following:
(1)
Existing and proposed rights-of-way and easements.
(2)
One-hundred-year floodplain limit and elevation.
(3)
The limits of forests (as defined by the Township Zoning Ordinance [Chapter 27]). Plans should identify the age and general condition of forest areas (i.e., successional growth, mixed deciduous, coniferous, etc.).
(4)
Delineation of portions of the property containing: slopes 8%
to 15%, 15% to 25%, greater than 25%.
(5)
Wetlands (if any).
(6)
Existing and proposed stormwater management facilities. If new
stormwater management facilities are proposed, the engineering calculations
used to design those facilities shall also be provided.
(7)
The design location and grading associated with any proposed
on-lot sewage disposal system.
(8)
The area reserved for providing a replacement on-lot sewage
disposal system (if required).
(9)
Landscape buffers or screens.
(10)
Any upstream watershed draining onto the property, with a clear
description of how stormwater runoff from the upstream watershed will
be accommodated.
(11)
Intersection clear sight triangles.
D.
A written description of soil erosion and sedimentation control measures
(with appropriate plans and specifications), in accordance with Section
44 of Chapter 102, 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, which shall be in conformity with the standards
and specifications of the Allen Township ordinances.
E.
If the proposed activity constitutes a land development, stormwater management calculations prepared in accordance with the requirements of the Allen Township Subdivision and Land Development Ordinance [Chapter 22] and the Stormwater Management Ordinance [Chapter 8] shall be prepared and submitted by a registered professional engineer.
F.
A time schedule stating 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 (5)(D) herein, and
the time of exposure of each area prior to the completion of such
measures.
[Ord. 2006-06, 6/27/2006]
1.
It is recognized that earth disturbance creates risks of runoff and
soil erosion damage. This Chapter establishes guidelines for reducing
these risks, but in all cases the property owner and their designers,
agents and contractors shall be responsible for any damage directly
or indirectly caused by any activity regulated by this Chapter.
2.
The public is hereby notified that the Township, Township employees
and Township consultants undertake no responsibility for loss of property,
loss of life or personal injury due to activities regulated by this
Chapter, even if all regulations and Chapters of the Township are
followed.
[Ord. 2006-06, 6/27/2006]
The following provisions apply for all activity governed by
the provisions of this Chapter:
B.
Lot grading shall be in compliance with any subdivision or land development
plans which may have been approved for this property by Allen Township.
Stormwater runoff shall be directed in the locations anticipated by
the original subdivision and/or land development plan.
C.
In the event that the lot is not part of a prior approved subdivision
or land development plan, lots shall be graded to secure proper drainage
away from buildings and, to the extent possible, away from street
areas, except streets where curbs, storm sewer piping system, or roadside
swales exist. All drainage provisions shall be designed to efficiently
carry surface waters to the nearest swale, storm drain or natural
watercourse. If the aforementioned facilities do not exist, then,
in that event, stormwater shall be evenly dispersed over the lot so
as to best promote infiltration of stormwater into the ground within
the boundaries of the subject lot and to minimize impacts to adjacent
properties and roads. The design shall clearly indicate how this will
be achieved.
D.
The earthmover shall construct and/or install such drainage structures
and/or pipes which are necessary to prevent erosion damage and to
satisfactorily manage surface waters in accordance with 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. Any drainage
system not operating as planned shall be corrected at the expense
of the applicant.
E.
No person, firm or corporation shall modify, fill, excavate or regrade
the land in any manner as to endanger or damage any adjoining public
street, sidewalk, alley or any other public or private property without
supporting and protecting such property from settling, cracking, erosion,
sediment, stormwater pooling or other physical damage or personal
injury which might result. Such activity without the required support
or protection will constitute a nuisance punishable by the provisions
of this Chapter.
F.
No person, firm or corporation shall deposit or place any debris
or 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.
G.
Stockpiling of topsoil shall be protected from erosion.
H.
All disturbed areas shall be seeded, sodded and/or planted or otherwise
protected from erosion within 60 days of ground breaking, and shall
be watered, tendered and maintained until growth is well established.
If State regulations require a shorter time, the shorter time shall
be required.
I.
All permanent grading shall be designed and undertaken to meet the
following criteria:
(1)
Provide positive surface drainage away from on-site sewage disposal
systems;
(2)
Provide positive surface drainage away from buildings and structures;
(3)
Provide for a maximum slope of 5:1 within five feet of a property
line and/or a maximum slope of 3:1 between five feet and 10 feet of
a property line; and
(4)
Provide for a maximum slope of 2:1 greater than 10 feet from a property
line.
J.
The earthmover shall limit stormwater runoff rate and concentration
from the subject lot to other lands in a manner that will minimize
risk of damage to downstream property owners.
K.
Stormwater control facilities shall be designed and constructed to
meet the following criteria:
(1)
No stormwater runoff shall be diverted as to overload existing drainage
systems or create flooding or the need for additional drainage structures
on other private properties or public land;
(2)
Stormwater roof drains and any sump pump drains shall not discharge
water directly onto a sidewalk, a lane or a street, or within the
street, or within the street right-of-way, and shall not direct water
toward improved portions of adjacent lots (i.e., buildings, driveways,
onlot sewer facilities, etc.).
(3)
Stormwater roof drains and sump pump drains shall be constructed
to disperse the discharge on the lot which is the subject of the application
or to an approved stormwater system.
(4)
Any stormwater outlet pipe or structure that discharges water to
the surface of the ground shall be located no closer than 20 feet
from a property line, unless the outlet pipe or structure is discharging
into a drainage channel or swale within a drainage easement that has
been designed and constructed to receive the water discharge from
that outlet. Downspout pipes discharging stormwater runoff from portions
of a roof of less than 500 square feet of roof area shall be exempt
from this regulation, if the following criteria are met:
L.
Retaining walls are prohibited within 10 feet of a property line, unless waived by the Planning Commission under the provisions of § 9-112.
M.
All fill materials must meet the criteria set forth in Section 206
of PennDOT Specifications publication 408/2003.
[Ord. 2006-06, 6/27/2006]
1.
The Township shall review and approve earth disturbance applications
and plans on the form provided by the Township for that purpose. No
earth disturbance permit, building permit or driveway permit shall
be issued by the Township until such time as an earth disturbance
application and plans have been found to be acceptable to the Township.
Furthermore, no certificate of occupancy permit shall be issued by
the Township until such time as the Township determines that all earth
disturbance has been completed in general conformity with the approved
site improvement and grading plan.
2.
In all cases, the permittee shall be required to undertake all earthmoving
and grading activities in accordance with this Part and the approved
site improvement and grading plan, whether or not inspection by the
Township is provided and whether or not a certificate of occupancy
is issued.
3.
Upon completion of permit required earthmoving activities, the permittee
shall notify the Township that all earthmoving activities are complete.
The permittee shall submit a certification from the plan preparer
that all construction has been performed in accordance with the approved
grading plan. Upon receipt of this certification and review of such
by the Township, the Township can consider the permit closed out and
issue a certification of completion.
[Ord. 2006-06, 6/27/2006]
1.
The earthmover is responsible for any property damage or personal
injury caused by activity authorized by the permit.
2.
No person, firm or corporation shall modify, fill, excavate, pave
or grade 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.
3.
No person, firm or corporation shall fail to adequately maintain,
in good operating order, any drainage facility on its premises. All
watercourses, drainage ditches, culverts, drainpipes and structures
shall be kept open and free flowing at all times.
4.
The owner, from time to time, of any property, if the Township determines
adverse effects on other property, shall continuously maintain and
repair all graded surface and anti-erosion devices such as retaining
walls, slopes, drainage structures or means, plants and ground cover,
installed or completed.
5.
Earthmovers shall make adequate provision for dust control.
6.
All plans and specifications accompanying any permit application
shall include provisions for both temporary and permanent grading.
7.
The installation and maintenance of erosion and sedimentation control
measures shall be accomplished in accordance with standards and specifications
established by the Northampton County Conservation District.
8.
The issuance of an earth disturbance permit shall not negate the
owner's and/or permittee's responsibility of obtaining any
other permits or approvals from any agency, including Allen Township,
which may have jurisdiction over any aspect of the project.
9.
Property corners to be set prior to final inspection.
10.
No grading may occur onto an adjacent property without approval of
the adjacent property owner.
[Ord. 2006-06, 6/27/2006]
1.
Inspections by the Township may be carried out on a random basis
at the option of the Township.
2.
A final inspection may, at the option of the Township, be conducted
by the Township to verify compliance with this Chapter.
3.
In all cases, however, all earthmovers shall be required to undertake
all earthmoving and grading activities in accordance with this Chapter
and the approved site improvement and grading plan, whether or not
inspection by the Township is provided. As-built plans shall be required
prior to the issuance of a certificate of occupancy if the owner or
permittee is seeking any change to the approved site improvement and
grading plan.
4.
The Township Board of Supervisors shall appoint the person(s) responsible
for enforcement and field inspection associated with this Chapter.
5.
When weather conditions or time of year prevent the permittee from
completing all earthmoving and grading activities prior to a request
for a permit certificate of completion, the Township, on a case by
case basis, may issue a temporary certification upon satisfaction
of all of the following criteria:
A.
All final earthmoving and soil stabilization that can be completed
is completed.
B.
Temporary soil erosion and sedimentation control facilities properly
installed and in good repair.
C.
Temporary seeding and mulching of disturbed areas is complete.
D.
The owner provides an agreement to the satisfaction of the Township
Solicitor to guarantee completion of the earth disturbance within
six months of the date of the agreement.
[Ord. 2006-06, 6/27/2006]
Any permit issued under this Chapter may be revoked or suspended
by the Township after notice by the Township for:
A.
Failure to carry out the soil erosion control or stormwater control
measures described in the application documents and/or failure to
satisfy the provisions of the earthmoving and grading and restoration
time schedule described in the application documents or within such
reasonable extensions as may be granted by the Township;
B.
Violation of any other condition of the permits;
C.
Violation of any provision of this Chapter or any other applicable
law, ordinance, rule or regulation relating to the work; or
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.
[Ord. 2006-06, 6/27/2006]
1.
The provisions of this Chapter are intended as minimum standards
for the protection of the public health, safety, welfare of the residents
and inhabitants of the Township. The Planning Commission may grant
a modification of the requirements of one or more provisions of this
Chapter if the Planning Commission concludes that the literal enforcement
will exact undue hardship because of peculiar conditions pertaining
to the land in question, provided that such modifications will not
be contrary to the public interest and that the purpose and intent
of this Part is observed. Financial hardship alone shall not be sufficient
justification for granting such modification.
2.
All requests for a modification shall be in writing to the Planning
Commission. The request shall state in full the grounds and facts
of unreasonableness or hardship on which the request is based, the
provision or provisions and the minimum modification necessary.
3.
The requested modification shall represent the least modification
to address the hardship.
4.
All such modification requests shall be approved or disapproved by
the Planning Commission. A written record of the action shall be kept
for all modification requests.
[Ord. 2006-06, 6/27/2006]
In the case of any paving, filling, stripping, grading or regrading;
any disturbing, modifying, blocking or diverting the overland or subsurface
flow or 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 hereto, the proper
Township authorities, in addition to other remedies provided by law,
may institute any appropriate action or proceedings against the permittee
and/or owner to prevent such unlawful activities; to restrain, correct
or abate such violations; to prevent the use of the applicable premises;
to prevent any illegal act, conduct of business or use in or about
such premises. In addition, upon the failure of any permit holder
to complete the control measures specified in approved application,
the Township may, after revoking such permit, proceed to complete
such measures itself and recover the cost thereof from the permittee
and/or owner.
[Ord. 2006-06, 6/27/2006]
For any and every violation of the provisions of this Chapter,
(1) the permittee, owner, agent or contractor where such violation
has been committed or shall exist; (2) the lessee or tenant of an
entire building or entire premises where such violation has been committed
or shall exist; (3) the permittee, owner, agent, contractor, lessee
or tenant or any part of a building or premises in which part such
violation has been committed or shall exist; and (4) the permittee,
owner, 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 exists shall
be liable on conviction thereof before a Magisterial District Judge
to pay a fine or penalty not to exceed $1,000 for each and every offense.
Any such enforcement action shall be brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the PA Rules of Criminal Procedure. Whenever
such person or persons shall have been notified by the Township Zoning
Officer, the Township Engineer, the Township Board of Supervisors
or the Township Solicitor, by service of a complaint in a prosecution
or by registered mail, that a violation of this Chapter is being committed,
each day's continuance of such violation after such notification
shall constitute a separate offense punishable by a like fine or penalty.
Such fines and penalties shall be collected as like fines or penalties
are now collected by law.
