[Ord. 93-1, 2/8/1993, § 1; as amended by Ord. 97-7, 10/13/1997, § 9-101]
This part shall be known and may be cited as the "Soil Erosion, Sedimentation and Grading Control Ordinance," implementing Title 25, Rules and Regulations, Part 1, Commonwealth of Pennsylvania, Department of Environmental Protection, Subpart C, Protection of Natural Resources, Article II, Water Resources, Chapter 102, Erosion Control.
[Ord. 93-1, 2/8/1993, § 2]
The purposes of this part 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 New Hanover to assure and safeguard health, safety, ecology and the general welfare in New Hanover Township.
[Ord. 93-1, 2/8/1993, § 3]
From and after the effective date of this part, any subdivision and/or land development approved under Chapter 22, Subdivision and Land Development, or Chapter 27, Zoning, any construction or installation of a structure, any change in use, or activity qualified under §§ 9-106 and 9-107 herein shall be in conformity with this part, subject to compliance with and in conjunction with the Montgomery County Conservation District Regulations. In the event of a conflict between this part and floodplain regulations, the floodplain regulations shall take precedence.
[Ord. 93-1, 2/8/1993, § 3]
As used in this part, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
- ALLUVIAL SOILS (FLOODPLAIN SOILS)
- 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 materials by soil-forming processes).
- (1) The slope of a road, channel or natural ground.
- (2) 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.
- (3) To finish the surface of a canal bed, roadbed, top of embankment or bottom of excavation.
- GRADING AND EXCAVATING CUT AND/OR FILL
- Process of earthmoving by excavating part of an area and/or using excavated material from embankment or fill areas.
- RUNOFF (HYDRAULICS)
- That portion of the precipitation and a drainage area or watershed that is discharged from the area in stream channels; types include surface runoff or seepage.
- Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from the area in stream channels; types include surface runoff, groundwater runoff or seepage.
- Degree of deviation of a surface from the horizontal usually expressed in percent or degrees.
- SOIL DRAINAGE
- A condition of the soil, referring to the frequency and duration of periods when the soil is free of saturation.
- Material immediately underlying topsoil, consisting of, but not limited to, either singly or in combination, clay, sand, gravel or crushed rock, but not including bedrock or other impervious surface, as more fully defined and set forth in the most recently adopted and approved Montgomery County Soil Survey, exclusive of the A Horizon.
- The top most layer of ground cover containing humus in some concentration capable of supporting plant growth as more fully defined and set forth in the most recently adopted and approved Montgomery County Soil Survey under the designation of the A Horizon, but not including subsoil as previously defined.
- A natural drainage route or channel for the flow of water.
[Ord. 93-1, 2/8/1993, § 5]
Whenever any subdivision or land development is proposed, any construction or installation of a structure or other activity which results in application to the Montgomery County Conservation District and submission of a soil and erosion control plan, a copy of said plan and final approval and/or permits as may be granted shall be submitted to the Township prior to any activity, construction, grading or relandscaping of the affected tract is undertaken. The Township Engineer shall also be provided with a copy of said application, final approval and/or permit such as will allow full and complete review of the proposal as completed.
The Township Engineer shall have full and complete authority to inspect the activities undertaken at said site, including the full right of ingress and egress to the property, and shall have the authority to terminate, stop or suspend activities or conduct not in compliance with such approvals and/or permits as may be issued.
[Ord. 93-1, 2/8/1993, § 6]
A sedimentation and erosion control plan shall be submitted with an application for any subdivision and/or land development, any construction or installation of a structure, any change in use which causes the landscape to be permanently disturbed as to either contours, soil or slope characteristics, or vegetation or any ground cover to be permanently removed, except as hereinafter excluded under §§ 9-107 and 9-108 and except as otherwise subject to review and approval by the Montgomery County Conservation District as provided under § 9-105. This plan shall include the following:
[Ord. 93-1, 2/8/1993, § 7]
Except for those situations which have been approved by issuance of a permit by the Montgomery County Conservation District as set forth in § 9-105 and those activities exempted by § 9-108, the following activities require a grading permit:
- (1) Modifying, disturbing, blocking, diverting or otherwise adversely affecting the natural overland or subsurface flow of stormwater.
- (2) Construction, erection or installation of any drainage dam, ditch, culvert, drain pipe, bridge or any other structure or obstruction affecting the drainage of any premises.
- (3) Paving, filling, stripping, excavating, grading or regrading of any land.
- (4) Disturbing the landscape, vegetation or any ground cover by any proposal involving an area in excess of 5,000 square feet.
[Ord. 93-1, 2/8/1993, § 8]
The following activities require no grading permit:
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.
Farming, grading, lawn installation or lawn restoration, but not including sod farming.
Work within the ultimate right-of-way of a public street or alleyway to be offered for dedication or previously ordained by the Township, county or commonwealth; work within any park, playground, recreation area or open space undertaken or contracted by the Township, county or commonwealth; or work within a utility right-of-way.
[Ord. 93-1, 2/8/1993, § 9]
Any person, firm or corporation proposing to engage in an activity requiring a grading permit hereunder shall apply by the submission of a plan and the appropriate fee.
A separate plan shall be required for each grading permit.
Five copies of the proposed plan, including specifications and development schedules, shall be submitted to the Township for a grading permit. The Township shall forward one copy of the plan to the Planning Commission, one copy to the Township Engineer and one copy to the Zoning Officer.
[Ord. 93-1, 2/8/1993, § 10]
The plan for a grading permit shall include:
A map or maps describing the topography of the area, the proposed alteration to the area and the erosion and sedimentation control measures and facilities:
A narrative report describing the project and giving the purpose and the engineering assumptions and calculations for control measures and facilities:
The maps and narrative shall include, but not be limited to, a general description of the project noting stormwater handling, accelerated erosion control, sedimentation control, anticipated beginning and ending dates for the project and the training and experience of the person preparing the plan along with the method of calculation of runoff, the factors considered in such calculations and provisions for safe disposal of stormwater and sedimentation. The map should describe and located topographic features including boundary lines of the project area, acreage, contours at appropriate intervals to adequately describe the topography, location of the project relative to highways or other identifiable landmarks and streams, lakes, ponds or other bodies of water within/or in the vicinity of the project and any other physical features including scale and north arrow. The map shall also specify soil types as would be noted in a soil survey by name, depth, textural and areal extent along with proposed changes to land surface and vegetative cover which will note contours of finished areas, types of temporary and permanent control measures and facilities, and their location and dimensions. The narrative shall include the description of the maintenance program for the control facilities and appropriate design considerations and calculations for both temporary and permanent control measures and facilities.
[Ord. 93-1, 2/8/1993, § 11]
In addition to the requirements of § 9-110, and where deemed necessary by the Township Engineer and the Board of Supervisors, the applicant shall submit with the plan a detailed drainage study prepared by a registered professional engineer or land surveyor licensed in the Commonwealth. This study shall include:
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.
Calculations to determine runoff shall be based on a method appropriate for the size of the study area and shall be approved by the Township Engineer.
The design criteria for storm sewer piping on inlet systems within a subdivision or development 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 watercourse or swales shall be designed for a one-hundred-year frequency storm. 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 for the site in question.
The following provisions apply to the carrying and disposal of stormwater runoff:
All drainage facilities shall be designed to carry surface water in such a manner as to prevent erosion or overflow.
The applicant shall be designed to carry surface water in such a manner as to prevent erosion or overflow.
The rate of runoff shall be no greater during and after a two-, five-, ten-, twenty-five- and fifty-year frequency storm when the development is completed than that which existed before the development began and appropriate measurements or calculations shall be provided to verify such provisions.
A soils investigation report, if load-bearing fill is proposed, which shall consist of test borings, laboratory testing and engineering analysis to correlate surface and subsurface conditions with the proposed grading plan shall be furnished. 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 support ability of existing soils and rocks on the site, conclusions and recommendations to insure stable soil conditions, stormwater and ground water control, as applicable. The Township of New Hanover may require such supplemental reports and data as is 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:
Fills toeing out on natural slopes steeper than three 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 test and that in his opinion such steeper slopes will safely support the proposed fill.
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.
[Ord. 93-1, 2/8/1993, § 12]
Upon the approval of the plan by the Township Engineer, the Code Enforcement Officer shall issue the necessary grading permit.
[Ord. 93-1, 2/8/1993, § 13; as amended by Ord. 97-7, 10/13/1997, § 9-113]
Except for those activities exempted by § 9-108, the following standards shall apply to all activities permitted or allowed under §§ 9-105 and 9-107 of this part:
Notwithstanding any provision of this part 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 affected by the activity requiring a grading permit.
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.
Except for extractive operations, as defined in Chapter 27, Zoning, no person, firm or corporation shall cause or allow to be removed greater than 50% of the existing topsoil from any site and in no event shall the topsoil existing on any site be reduced to less than a depth of six inches as measured from the underlying subsoil. Further, it is the intention of this part to achieve conservation of both topsoil and subsoil in such a manner that disturbance of the subsoil will achieve a balance on each and every disturbed site resulting in the removal of no subsoil; however, except for extractive operations, no more than 800 cubic yards of topsoil or subsoil per disturbed acre may be removed from any site to be relocated on a site or area not part of the proposed use or development and in single and common deed with the disturbed area.
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.
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.
The owner of any property on which any work has been done pursuant to a grading permit granted under this part 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 of New Hanover is responsible for maintenance and repair within the right-of-way of municipal roads.
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 Pennsylvania Department of Environmental Protection's Erosion and Sediment Pollution Control Program Manual or the Pennsylvania State University Agronomy Guide.
All trees in an area of extreme grade change shall be protected with suitable tree wells, unless the necessity for removal is established. Precautions shall be taken to prevent the unnecessary removal of trees.
When required, adequate provisions shall be made for dust control measures as are deemed acceptable by the Township Engineer.
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 Montgomery County Conservation District as adopted from standards and specifications of the United States Soil Conservation Service, and as outlined in the applicable and current handbook of administrative regulations or guidelines as may be adopted and enacted by the County Conservation District. Technical standards for the design and installation of erosion and sediment control measures are on file with the Township of New Hanover, the office of the County Conservation District and other governmental agency offices.
Standards and specifications adopted for the purposes of this part and by the County Conservation District include, but are not limited to, the following basic conservation measures:
Temporary cover on critical areas.
Permanent grass and legume cover for critical areas on prepared seedbed.
Permanent grass and legume cover for critical areas on unprepared seedbed.
Grassed waterway or outlet.
Grade stabilization structure.
Drainage - mains or laterals.
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 D1557, PTM No. 402. It is recommended that the density of any load-bearing layer supporting or to be incorporated in a road surface, detention basin or erosion swales shall be not less than 95% of maximum density.
Compaction test reports shall be kept on file at the site and be subject to review at all times.
Degree of compaction required shall be determined by the Township Engineer following the guidelines in this section.
[Ord. 93-1, 2/8/1993, § 14]
Except for those situations requiring approval by the Montgomery County Conservation District as set forth in § 9-115 and those activities exempted by § 9-108, the following standards shall apply:
All inspections shall be the responsibility of the Township Engineer or, in his absence, a qualified person acceptable to the Township Engineer and New Hanover Township.
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 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 work.
Any and all "as built" plans shall be available on the site at all times and be subject to inspection and inquiry.
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.
A final inspection shall be conducted by the Township Engineer to certify compliance with this part. Satisfactory compliance with this part shall be necessary before issuance of an occupancy or use permit.
[Ord. 93-1, 2/8/1993, § 15]
Permittees shall bear all costs of inspections required or permitted hereunder and shall deposit with New Hanover Township such sums 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 procedure for matters pertaining to this part.
[Ord. 93-1, 2/8/1993, § 16]
The fee for a grading permit shall be fixed by resolution of the Board of Supervisors from time to time.
[Ord. 93-1, 2/8/1993, § 17; as amended by Ord. 97-7, 10/13/1997, § 9-117; and by Ord. 17-03, 3/27/2017]
If it appears to the Township that a violation of this part has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
The enforcement notice shall be sent to the violator and, if applicable, the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel and to any other person requested in writing by the owner of record.
An enforcement notice shall state at least the following:
The name of the violator and, if applicable, the owner of record and any other person against whom the Township intends to take action.
The location of the violation and, if applicable, the property in violation.
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this part.
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
That the recipient of the notice has the right to appeal to the Board of Supervisors and/or Zoning Hearing Board in accordance with the ordinances of the Township and statutes of the Commonwealth of Pennsylvania.
That failure to comply with the notice within the time specified, unless extended by appeal to the Board of Supervisors, constitutes a violation, with possible sanctions clearly described.
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this part shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $600 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the magisterial district judge. If the defendant neither timely pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues or each section of this part which shall be found to have been violated shall constitute a separate violation.
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.
Magisterial district judge shall have initial jurisdiction over proceedings brought under this section.
[Ord. 93-1, 2/8/1993, § 18]
In addition to the penalties as set forth in § 9-116, any movement of the landscape, vegetation or any ground cover performed in violation of this part shall be restored to its previous condition, including replacement of excavated earth, removal of illegally placed fill and restoration of grades and planting.