[Ord. 2006-07, 7/17/2006, § 1]
The name of this Part shall be the "Lower Mount Bethel Township
Grading Ordinance."
[Ord. 2006-07, 7/17/2006, § 2; as amended by Ord.
2015-02, 4/6/2015, § I]
1. Earth moving and grading including, but not limited to, removal of
vegetation and/or changes in topography are activities regulated by
this Part.
2. Earth moving and grading activities shall be subject to the requirements of all applicable rules and regulations including, but not limited to, the State Soil Erosion and Sedimentation Control Regulations, the Township Zoning Ordinance [Chapter
27], the Township Subdivision and Land Development Ordinance [Chapter
22], Township Driveway Ordinance [Chapter
21], Township Stormwater NPDES Phase II Ordinance [Chapter
23], and the Township Floodplain Ordinance [Chapter
8] whether or not it is regulated by this Part.
3. Notwithstanding anything to the contrary set forth in this section,
no permit shall be required pursuant to this Part 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. Earth disturbance for the purposes of residential accessory structures
or residential accessory uses where the aggregate area to be stripped
of vegetation does not exceed the following criteria:
(1)
Two thousand square feet.
C. Earth disturbance necessary for the construction of a single-family
home or residential accessory structures or residential accessory
uses on a lot in excess of 10 acres when the Zoning Officer, in his/her
sole discretion, determines that a permit is not necessary for the
reasonable protection of adjacent properties. The Zoning Officer may
consult with any other Township employee, official or consultant,
including but not limited to the Township Engineer, in making a determination
under this Subsection 3C.
D. 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.
E. Earth disturbance necessary for the construction of above ground
swimming pools.
F. Earth disturbance necessary for the repair or replacement of an on-lot
sewage disposal system.
[Ord. 2006-07, 7/17/2006, § 3]
It shall be unlawful for any person, firm, or corporation to
undertake any earth moving activity or stripping of vegetated ground
cover without first securing a permit, as required, pursuant to this
Part.
[Ord. 2006-07, 7/17/2006, § 4]
Whenever any proposed activity requires a building and/or driveway
permit, no such building or driveway permit shall be issued unless
the permit required hereunder has been issued. The plans and applications
required herein may be combined, when applicable, with plans and applications
materials submitted for building and/or driveway permits.
[Ord. 2006-07, 7/17/2006, § 5]
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
all applicable regulations upon issuance of permit.
2. The applicant shall comply with the Lower Mount Bethel Township Zoning Ordinance [Chapter
27], the Subdivision and Land Development Ordinance [Chapter
22], and the Floodplain Management 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 this Part.
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 form 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 Engineer for initial plan
review.
4. The Township's Secretary, within 10 days of the adoption of
this Part, shall establish operating procedures including the required
number of copies of the application, the content of the application,
and the above shall be in conformity with the provisions of this Part.
The Lower Mount Bethel Township Board of Supervisors shall determine
the fees for such permits, from time to time, by resolution.
5. Any application for a grading permit shall be accompanied by a plan
showing the following:
A. A topographic survey of the site, at a suitable scale of no less
than one inch = 20 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,
elevations at high and low points, the location and description of
vegetative cover, the general location of all major trees (>12 in.
diameter) and any other pertinent existing natural or man-made features.
Interpolated contours from USGS maps or any other similar source are
not acceptable.
B. A grading plan of the same scale 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.
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This grading plan shall show the following:
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(1)
Name and address of the legal owner, and of the person or entity
on whose behalf the plan has been prepared.
(2)
The Northampton County Uniform Parcel Identifier Number, street
address, and lot number shown on the subdivision plan of record.
(3)
The applicable zoning district.
(4)
Property corner demarcations, i.e., stakes, pins, monuments,
etc.
(5)
Property boundary dimensions.
(7)
The lot area in square feet.
(8)
Building restriction line, swales, streams, and existing wooded
areas.
(9)
The size and location of all existing and proposed easements,
rights-of-way, utilities (including any on-lot sewage disposal systems),
streets, curbs, sidewalks, driveway, and other improvements on or
abutting the lot.
(10)
Portions of the property steeper than 25% slope.
(11)
Swale and drainage channel cross sections.
(12)
Landscape buffers or screens.
(15)
Contour lines, both existing and proposed, including spot grades
at high points and low points.
(16)
All buildings with dimensions, including total square feet.
(17)
Location of all structures, showing setback distances to all
property lines and at least two ties to installed property corners.
(18)
Elevations for finished first floor and garage floor.
(19)
Dimensions of driveway and grade percentages.
(20)
Location, dimension, and inverts of driveway pipe.
(21)
Location of well, septic tank, primary drainfield and alternate
drainfield, showing distance to closest property line.
(22)
Isolation distance of well to septic tank and drain field.
(23)
Soil pipe, well supply line and utility line(s), crossing the
property and entering the dwelling.
(24)
Location of soil stockpile area and erosion and sedimentation
control measures.
(25)
Statement of total area of disturbance.
(26)
Pre- and post-development building coverage and total impervious
surface percentages.
(27)
Site grading, directing of stormwater run-off away from building
and septic system.
(28)
Location of on-lot stormwater facilities/BMP's with maintenance
description.
(29)
Narrative of on-lot erosion sedimentation control procedures.
(30)
Narrative of operation and maintenance of on-lot infiltration
stormwater BMP facilities.
(31)
One hundred-year floodplain limit and elevation.
(32)
Stormwater calculations for proposed stormwater management facilities
as required by ordinance (i.e., Act 167), Lower Mount Bethel Township
Stormwater NPDES Phase II requirements, etc.).
C. A written description of soil erosion and sedimentation control measures in accordance with § 44 of Chapter 102, Title 25 Pa. Code, 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, which shall be in conformity with the standards and specifications of the Lower Mount Bethel Township Ordinances.
D. If the proposed activity constitutes a "land development," as defined by the Township's Subdivision and Land Development Ordinance [Chapter
22], stormwater management calculations prepared in accordance with the requirements of Lower Mount Bethel Township Subdivision and Land Ordinance [Chapter
22] should be prepared and submitted by a registered professional engineer.
E. A time schedule stating the anticipated starting and completion dates
of the development sequence.
6. The site plans required herein shall also be prepared in accordance
with the site plan requirements and/or other specific requirements
of other ordinances and regulations of the Township.
[Ord. 2006-07, 7/17/2006, § 6]
1. The Township shall review and approve grading permit applications
and plans on the form provided by the Township for that purpose. No
grading permit, building permit, or driveway permit shall be issued
by the Township until such time as grading application and plans have
been found to be acceptable to the Township.
2. In all cases, the permittee shall be required to undertake all earth
moving and grading activities in accordance with this Part and the
approved grading plan, whether or not inspection by the Township is
provided and whether or not a certificate of occupancy is issued.
[Ord. 2006-07, 7/17/2006, § 7]
1. The permittee 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,
building, and other structures, which could be caused by settling,
cracking, erosion or sediment.
3. 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.
[Ord. 2006-07, 7/17/2006, § 8]
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 Part.
3. Prior to final inspection by the Township, a certification by the
permittee's engineer or surveyor verifying that all elements
of the approved grading plan have been installed properly shall be
submitted. This certification shall include the professional's
seal and signature.
4. In all cases; however, the permittee shall be required to undertake
all earthmoving and grading activities in accordance with this Part
and the approved grading plan, whether or not inspection by the Township
is provided.
[Ord. 2006-07, 7/17/2006, § 9]
Permit fees shall be set by the Township Supervisors by separate
resolution for grading plan fees.
[Ord. 2006-07, 7/17/2006, § 10]
1. It is recognized that earth disturbance creates risks of runoff and
soil erosion damage. This Part 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 Part.
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
Part, even if all regulations and ordinances of the Township are followed.
[Ord. 2006-07, 7/17/2006, § 11; as amended by Ord.
No. 2015-02, 4/6/2015, § I]
1. Right of Entry. Upon presentation of proper credentials, duly authorized
representatives of the Township may enter at reasonable times upon
any property within the Township to inspect the condition of the stormwater
structures and facilities in regard to any aspect regulated by this
Part.
2. Notification. In the event that a person fails to comply with the
requirements of this Part, or fails to conform to the requirements
of any permit issued hereunder, the Township shall provide written
notification of the violation. Such notification shall set forth the
nature of the violation(s) and establish a time limit for correction
of these violation(s). Failure to comply within the time specified
shall be subject such person to the penalty provision of this Part.
All such penalties shall be deemed cumulative. In addition, the Township
may pursue any and all other remedies. It shall be the responsibility
of the owner of the real property on which any regulated activity
is proposed to occur, is occurring, or has occurred, to comply with
the terms and conditions of this Part.
3. Enforcement. The Zoning Officer and any other Township employee,
official or consultant duly appointed by resolution of the Board of
Supervisors are hereby authorized and directed to enforce all of the
provisions of this Part. All inspections regarding compliance with
the grading plan shall be the responsibility of the Township Engineer
or other qualified persons designated by the Township.
A. A set of design plans approved by the Township shall be on file at
the site throughout the duration of the construction activity. Periodic
inspections may be made by the Township or designee during construction.
B. Adherence to Approved Plan. It shall be unlawful for any person, firm or corporation to undertake any activity under Lower Mount Bethel Township Zoning Ordinance [Chapter
27], Part
2 (Application of Regulations) on any property except as provided for in the approved grading plan and pursuant to the requirements of this Part. It shall be unlawful to alter or remove any control structure required by the grading plan pursuant to this Part or to allow the property to remain in a condition which does not conform to the approved stormwater management site plan.
C. After modification by the applicant, a final inspection may be conducted
by the Board of Supervisors or its designee to ascertain compliance
with this Part.
D. Suspension and Revocation of Permits.
(1)
Any permit issued under this Part may be suspended or revoked
by the Board of Supervisors for:
(a)
Noncompliance with or failure to implement any provision of
the permit.
(b)
A violation of any provision of this Part or any other applicable
law, ordinance, rule or regulation relating to the project.
(c)
The creation of any condition or the commission or omission
of any act during construction or development which constitutes or
creates a hazard of nuisance, pollution or which endangers the life
or property of others.
(2)
A suspended permit shall be reinstated by the Board of Supervisors
when:
(a)
The Township Engineer or his designee has inspected and approved
the corrections to the grading measure(s) or the elimination of the
hazard or nuisance.
(b)
The Board of Supervisors is satisfied that the violation of
this Part, law, or rule and regulation has been corrected.
4. Public Nuisance.
A. The violation of any provision of this Part is hereby deemed a public
nuisance.
B. Each day that a violation continues shall constitute a separate violation.
5. Penalties.
A. Any person or entity who fails to comply with any or all of the requirements
or provisions of this Part, or who fails or refuses to comply with
any notices, order, or direction of the Township, or any other authorized
municipal employee, official or consultant, shall, upon being found
liable in a civil enforcement proceeding, pay a civil penalty of $600,
or the maximum allowed then under the Second Class Township Code (53
Pa.C.S.A. § 66601 et seq., as amended), per offense. Any
person who violates this Part shall also be liable for all costs and
expenses incurred by the Township in the enforcement of this Ordinance
including, but not limited to, court costs and reasonable attorneys'
fees. Each day or any portion thereof in which a violation is found
to exist shall be considered a separate offense under this Part. Likewise,
each section of this Ordinance which is found to be violated shall
be considered a separate offense.
B. In addition, the Township, through its Solicitor, may institute injunctive,
mandamus or any other appropriate action or proceeding at law or in
equity for the enforcement of this Part. Any court of competent jurisdiction
shall have the right to issue restraining orders, temporary or permanent
injunctions, mandamus and/or other appropriate forms of remedy or
relief.
6. Appeals.
A. Any person aggrieved by the denial of a permit by the Zoning Officer
or any person who objects to a permit which has been issued by the
Zoning Officer may file a notice of appeal with the Board of Supervisors
within 30 days from the date the Zoning Officer denied the permit
or issued the permit, as applicable.
B. Any person aggrieved by any decision of the Board of Supervisors
relevant to the provisions of this Part may appeal to the Northampton
County Court of Common Pleas within 30 days from the date the Board
of Supervisors issued its decision.
C. Any person
aggrieved by the issuance of an enforcement notice relative to violations
of this Part may appeal to the Magisterial District Judge having proper
jurisdiction to hear the appeal within 30 days from the date of the
enforcement notice.