[HISTORY: Adopted by the Board of Supervisors of Nockamixon
Township 2-19-1994 by Ord. No.
153. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Grading
and Building Permit Plan Ordinance," implementing Title 25, Rules
and Regulations, Part I, Commonwealth of Pennsylvania, Department
of Environmental Resources, Subpart C, Protection of Natural Resources,
Article II, Water Resources, Chapter 102, Erosion Control, as well
as provisions of Act 167, Storm Water Management Act, Article 5 of
the MPC, and the Second Class Township Code.
The purposes of this chapter are to verify compliance with Zoning
Ordinance dimensional regulations,[1] regulate the modification of the natural terrain and alteration
of drainage, and to provide for certain erosion and sediment control
measures within Nockamixon Township to assure and safeguard health,
safety, ecology, and the general welfare in the Township.
From and after the effective date of this chapter, any development or earth disturbance activity requiring a permit under § 177-5A herein shall be in conformity with this chapter. In the event of a conflict between this chapter and any other statute, ordinance or regulation, the strictest statute, ordinance, or regulation shall take precedence.
Unless specifically defined below, words and phrases used in this chapter shall be interpreted to have common English usage, to give effect to the purposes set forth in § 177-2 above, and to provide reasonable application of this chapter. As used in this chapter, the following terms shall have the meanings indicated unless a different meaning clearly appears from the context:
A landowner or developer who has filed an application for approval to engage in any regulated activities as defined in § 177-5 of this chapter.
Activities, facilities, measures or procedures used to manage
stormwater impacts from land development, to protect and maintain
water quality and groundwater recharge and to otherwise meet the purposes
of this chapter. Stormwater BMPs are commonly grouped into one or
two broad categories or measures: structural or nonstructural. In
this chapter, nonstructural BMPs or measures refer to operation and/or
behavior-related practices that attempt to minimize the contact of
pollutants with stormwater runoff, whereas structural BMPs or measures
are those that consist of a physical device or practice that is installed
to capture and treat stormwater runoff. Structural BMPs include, but
are not limited to, a wide variety of practices and devices, from
large-scale retention ponds and constructed wetlands to small-scale
underground treatment systems, infiltration facilities, filter strips,
low impact design, bioretention, wet ponds, permeable paving, grassed
swales, riparian or forested buffers, sand filters, detention basins,
and manufactured devices. Structural stormwater BMPs are permanent
appurtenances to the project site.
An artificial barrier, together with its appurtenant works,
constructed for the purpose of impounding or storing water or another
fluid or semifluid, or a refuse bank, fill or structure for highway,
railroad, or other purposes which does or may impound water or another
fluid or semifluid.
Any man-made change to improved or unimproved real estate,
including, but not limited to, the construction or placement of buildings
or other structures, mobile homes, streets and other paving utilities,
mining, dredging, filling, grading, excavation, or drilling operations,
and the subdivision of land.
Any room or group of rooms located within a residential building
and forming a single, habitable unit with facilities which are used
or intended to be used for living, sleeping, cooking and eating by
one family.
A construction or other human activity which disturbs and
destabilizes the surface of the land, including, but not limited to,
clearing and grubbing, grading, excavations, embankments, land development,
road maintenance, and the moving, depositing, stockpiling or storing
of soil, rock or earth materials.
A licensed professional civil engineer registered by the
Commonwealth of Pennsylvania.
The movement of soil particles by the action of water, wind,
ice, or other natural forces.
A site-specific plan identifying the BMPs to minimize accelerated
erosion and sedimentation, pursuant to 25 Pa. Code, Chapter 102.
Vertical elevation of the ground surface prior to earth-moving.
Final vertical elevation of the ground after development.
The perimeter of earth disturbance on site.
Nockamixon Township, Bucks County, Pennsylvania.
Ground surface in its original state before any earth disturbance.
All contiguous land under single and separate ownership.
Ground cover establishing a 70% vegetated cover over the
entire disturbed area to control soil erosion and to survive severe
weather conditions.
Any individual, association, trust, partnership or corporation,
including any members, directors, officers, employees, partners or
principals thereof. Whenever used in any clause prescribing and imposing
a penalty, "person" includes the members, trustees, partners, directors,
officers, managers and supervisors, or any of them, of partnerships,
associations, corporations or other form of entity.
Any person licensed by the Pennsylvania Department of State
or otherwise qualified by law to perform the work required by this
chapter.
A parcel or parcels of land intended to have one or more
buildings, or otherwise developed, or intended to be subdivided into
two or more lots.
The face of embankment or cut section; any ground whose surface
makes an angle with the plane of the horizon. Slopes are expressed
in a percentage based upon vertical distance in feet per 100 feet
of horizontal distance.
Any activity which removes the vegetative surface cover,
including tree removal; and the clearing and storage or removal of
topsoil.
Nockamixon Township.
An intermittent or perennial stream of water, river, brook,
creek, or swale identified on USGS or SCS mapping; and/or delineated
waters of the commonwealth.
A.
The following activities shall be regulated by the provisions of
this chapter and require a grading/building permit plan submission:
(1)
Construction, erection, or installation of any pond or dam to impound
water with proposed earth disturbance of 1,000 square feet or greater
or an obstruction affecting the drainage of any parcel.
(2)
Construction of one or more dwelling units (except accessory apartments), or a nonresidential structure or additions to a residential or nonresidential structure where land development plan approval is not required pursuant to Chapter 196 of the Nockamixon Township Code of Ordinances.
(4)
Any development activity not addressed above, if deemed necessary
by the Township Zoning Officer due to location and/or lot features
such as slope, soils, or other natural features, or impact to offsite
drainage requiring special consideration.
B.
The following activities do not require a grading/building permit
plan:
(1)
Use of land for gardening for home consumption.
(2)
Construction of a residential accessory structure not exceeding 120
square feet building area.
(3)
Agriculture when operated in accordance with a conservation plan,
nutrient management plan, or erosion and sedimentation control plan
approved by the Bucks County Conservation District or Natural Resources
Conservation Service, including activities such as growing crops,
rotating crops, tilling of soil, and grazing animals.
(4)
Forest management operations following the Department of Environmental
Protection's management practices contained in its publication
Soil Erosion and Sedimentation Control Guidelines for Forestry, and
operating under an E&S plan approved by the Bucks County Conservation
District, and which have a forestry permit approval by Nockamixon
Township.
(5)
Public road replacement, paving, repaving and/or maintenance.
(6)
Construction pursuant to a land development plan approved by the
Township.
(7)
Any emergency activity immediately necessary for the protection of
life, property, or natural resources, as authorized by the Township.
A.
Application for grading/building permit plan.
(1)
Applications shall be completed in the name of the owner/developer
of the property, who must sign the permit application.
(2)
No person, firm, or corporation shall engage in an activity requiring
a grading/building permit plan unless Township approval of a grading/building
permit plan has been obtained by the applicant.
(3)
The application shall be accompanied by a fee and review escrow established
by resolution of the Board of Supervisors and included in the Township's
schedule of fees.
(4)
All applications must be accompanied by an erosion and sedimentation control plan, where applicable, pursuant to § 177-7 of this chapter.
(5)
Not more than one grading/building permit plan approval will be issued
for a site at any one time. Active approvals may be amended by the
applicant if additional earth disturbance is proposed.
(6)
Additional improvements or grading not shown on the approved grading/building
permit plan must be identified on a revised plan approved by the Township
prior to installation/construction.
B.
Issuance of approvals. No grading/building permit plan approval shall
be issued by the Township until all the plans and applications required
to be submitted by this chapter or any other Township ordinance for
all proposed regulated activities have been reviewed and found satisfactory
by the appropriate Township official/employee as set forth in this
chapter.
C.
Conditions for issuance of grading/building permit plan approvals:
(1)
Notwithstanding any provision of this chapter or any condition of
the grading/building permit plan, the applicant is responsible for
the prevention of damage to other people or property that may be affected
by the earthmoving or stripping activity.
(2)
No person, firm or corporation shall modify, cut, fill, excavate,
pave, strip, grade, or regrade land in any manner that endangers or
damages any adjoining street, alley, or any other public or private
property.
(3)
No person, firm, or corporation shall deposit, place, throw, or cause
to be deposited, placed or thrown any debris or other material in
any drainage structure or watercourse.
(4)
No person, firm, or corporation shall fail to maintain in adequate
working order any drainage facility on the site. All drainage ditches,
culverts, drain pipes, drainage structures, and watercourses shall
be kept open and free-flowing at all times.
(5)
The owner of any property upon which any work is performed pursuant
to a grading/building permit plan granted approval under this chapter
shall continuously maintain and repair all graded surfaces, erosion
and sediment control devices, retaining walls, drainage structures,
and other protective devices, plantings and ground cover installed
or completed in accordance with the approved plan.
(6)
All trees in an area of extreme grade change as determined by the
Township, 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. Any grading around trees or any
removal of trees must comply with the Township's Zoning Ordinance
and Subdivision and Land Development Ordinance.[1]
(7)
Tree protection fence (four feet high) must be installed and maintained
along the limit of disturbance to protect trees/woodlands from overclearing
or damage during construction.
D.
All grading/building permit plan approvals shall require the applicant
to:
(1)
Notify the Township a minimum of two working days prior to commencement
of any earth disturbance;
(2)
Obtain permission from the Township Engineer and, where applicable,
Bucks County Conservation District prior to modifying the erosion
and sedimentation control plan;
(3)
Install and maintain tree protection, silt fence and all other required
erosion and sediment control measures identified on the approved erosion
and sedimentation control plan until permanent stabilization is achieved.
(4)
Allow the Township official/employee and Township Engineer to enter
the site for the purpose of inspecting compliance with the grading/building
permit plan.
(5)
Be responsible to ensure all erosion and sedimentation control measures
are maintained in accordance with the inspection schedule outlined
on the approved erosion and sedimentation control plan. The applicant
shall determine the condition and need for replacement or repair of
in-place control measures, the overall effectiveness of the plan,
and the need for additional control measures.
A.
An erosion and sedimentation (E&S) control plan prepared pursuant
to requirements of the Clean Streams Law, P.L. 1987, Chapter 102,[1] shall be submitted with all grading/building permit plan
applications unless the site is covered by an approved erosion and
sediment control plan developed in conjunction with a subdivision
or land development plan approved by the Township; or the project
is exempt in accordance with current Bucks County Conservation District
regulations. The plan shall include a construction staging narrative
indicating the sequence of earthmoving activities, and proposed erosion
and sedimentation control procedures. Measures used to control erosion
and reduce sedimentation during construction activities shall strictly
conform to the standards and specifications of the Bucks County Conservation
District (BCCD). Verification of approval of the E&S plan must
be received, in writing, from the BCCD. Where required pursuant to
Pennsylvania Department of Environmental Protection (PADEP) regulations,
verification of NPDES permit approval must also be submitted by the
applicant to the Township.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
B.
It shall be the responsibility of the applicant and each person,
corporation, or other entity performing grading and/or building activities
to install and maintain erosion and sedimentation controls in accordance
with the approved E&S plan until the site is permanently stabilized.
In the event any mud and/or debris is transported from the site onto
a public roadway, the mud and/or debris shall be immediately removed
and the roadway cleared in a manner satisfactory to the Township.
All applications shall be accompanied by a grading/building
permit plan providing the following information.
A.
A site plan (plot plan) drawn at a scale of not less than one inch
equals 50 feet, prepared by a registered professional land surveyor,
landscape architect, or engineer, licensed in the Commonwealth of
Pennsylvania. A site plan or as-built plan previously approved by
the Township for the subject property may be utilized for base plan
information.
(1)
For projects proposing 1,000 square feet or less of building and/or
earth-disturbance area, the site plan shall include all of the following:
(a)
Lot lines, monuments/pins/markers, and setback lines.
(b)
Existing and proposed building/structure locations, building/structure
horizontal dimensions, wells, wastewater treatment systems, sanitary
laterals, water supply pipes, storm sewers, inlets, manholes, basement
drains, sump pump drains, utility boxes, walls, fences, berms, underground
utilities, and all other man-made structures/features.
(c)
Driveway openings and slopes, driveway turnarounds and parking
areas, depressed curb length, and driveway configurations from garage
or parking area to street.
(d)
Recorded and/or proposed easement, covenants, equitable servitudes,
and deed restrictions.
(2)
For projects proposing over 1,000 square feet of building and/or
earth disturbance area, the site plan shall include all of the following:
(a)
Lot lines, monuments/pins/markers, and setback lines.
(b)
Existing and proposed contours at an interval of no more than
two feet; existing vegetation; soil types and conditions, watercourses;
affected watersheds; and other natural features located within 75
feet of the limits of disturbance.
(c)
Erosion and sedimentation control measures, high points, drainage
arrows, drainage swales, and the limits of disturbance. This information
may be included on a separate plan sheet.
(d)
First-floor and garage elevations.
(e)
Existing and proposed building/structure locations, building/structure
horizontal dimensions, wells, wastewater treatment systems, sanitary
laterals, water supply pipes, storm sewers, inlets, manholes, basement
drains, sump pump drains, utility boxes, walls, fences, berms, underground
utilities, and all other man-made structures/features.
(f)
Ground elevations at each corner of each building.
(g)
All earthmoving and stripping changes to the site, including
cuts, fills, structures, paving, utilities, vegetation and topsoil
proposed to be stripped and cut/fill balance.
(h)
Street trees and existing trees to be removed, including genus,
species, and caliper.
(i)
Driveway openings and slopes, driveway turnarounds and parking
areas, depressed curb length, and driveway configurations from garage
or parking area to street.
(j)
Sidewalk and bikeway locations.
(k)
Recorded and/or proposed easement, covenants, equitable servitudes,
and deed restrictions.
(3)
All the site plans shall also include the following:
(a)
Seal, signature and name/address of responsible engineer, surveyor,
or landscape architect.
(b)
Name and address of applicant.
(c)
Tax Map parcel number and acreage.
(d)
Location of site (address).
(e)
Subdivision name (where applicable).
(f)
North arrow.
(g)
Location map showing relationship of the site to adjoining properties.
Scale of the location maps shall be one inch equals 800 feet.
(h)
Date of preparation of the plan, a descriptive list of revisions
to the plan, and the revision dates.
(i)
Deed restriction information (where applicable).
(j)
Zoning dimensional requirements, including, but not limited
to: zoning district, yard setbacks, and impervious surface ratio.
A.
All erosion and sedimentation control measures shall be installed
in accordance with the approved E&S plan prior to any earthmoving
and/or stripping activities.
B.
No excavation or fill shall be made with a slope steeper than four
horizontal to one vertical, except under the following conditions:
(1)
The material is sufficiently stable to sustain a steeper slope. A
sealed, written statement to that effect from an engineer licensed
in the Commonwealth of Pennsylvania shall be submitted to the Township.
The statement shall affirm that the site has been inspected and the
deviation from the slope restriction shall not result in injury to
persons or damage to property. A detail of the treatment of the slope
(proposed grade, seeding, erosion protection, etc.) shall be submitted
with the application.
(2)
A concrete, masonry, or other approved retaining wall is designed
and constructed in accordance with acceptable engineering practice
to support the slope of the excavation or fill. Design plans bearing
the signature and seal of the responsible licensed professional engineer
or architect shall be submitted for Township records.
C.
Edges of slopes shall be a minimum of five feet from property lines,
ultimate/future right-of-way lines of streets, and easements to permit
the normal rounding of the edge without encroachment on the abutting
property, right-of-way, or easement.
D.
All lawn areas shall be graded at a minimum slope of 2% to provide
positive drainage away from buildings.
E.
Stormwater shall not pond, except where (detention basins, stormwater
management BMPs, swales, etc.) proposed in accordance with a stormwater
management plan approved by the Township for the site.
F.
In no case shall grading be completed in such a manner as to divert
water onto adjacent property unless part of an approved stormwater
management plan and an easement is obtained from the property owner.
G.
Each person, corporation, or other entity that makes any surface
changes to the site shall be required to collect on-site surface runoff
and control it to a point of discharge into the drainage area watercourse,
stormwater easement, or storm sewer system.
H.
All plans wherein a sump pump or basement drain is proposed to be
installed shall provide for discharge of the sump pump/drain to a
natural watercourse, drainage swale, stormwater easement, or storm
sewer system. But under no condition shall sump pumps be discharged
into the street.
I.
No grading equipment shall be permitted to be loaded, unloaded, or
stored on a public street. No grading equipment shall be permitted
to travel on or across a public street unless licensed for operation
on public thoroughfares.
J.
Before granting a certificate of occupancy for buildings, building
lots shall be finish-graded and stabilized with permanent vegetation.
A conditional occupancy permit may be issued by the Township if it
is not possible to establish lawns due to the season of the year.
Prior to issuance of the conditional occupancy permit, the Township
may require extra mulching, installation of silt barriers, and/or
construction of temporary sedimentation basins to control excess runoff,
in addition to escrow to secure establishment of ground cover.
A.
All plans prepared in conjunction with a grading/building permit
plan application shall substantially conform to the approved subdivision
and/or land development plan for the site (where applicable).
B.
All plans shall be reviewed by the Township Zoning Officer for compliance with zoning regulations pursuant to Chapter 234 of the Nockamixon Township Code of Ordinances.
C.
Plans prepared in conjunction with an application for a grading/building
permit plan for projects exceeding 1,000 square feet of building and/or
earth disturbance area shall be referred by the Township to the Township
Engineer for review of compliance with the provisions of this chapter.
A.
The Township Engineer shall make inspections as hereinafter required
for projects exceeding 1,000 square feet of building and/or earth
disturbance area, or as otherwise directed by the Township to verify
compliance with the approved grading/building permit plan and erosion
and sedimentation control plan. All plans, reports, and schedules
required by and approved under this chapter shall be maintained by
the applicant at the site during the progress of the work.
(2)
Prior to commencing stripping, clearing and/or grading, the applicant
shall cause the limit of disturbance to be staked out and tree protection
fence installed in accordance with the approved grading/building permit
plan. In the event the staked out area is larger or in a substantially
different location from the area depicted on the grading/building
permit plan, the applicant, prior to the commencement of stripping,
clearing or grading, shall file an amended application in accordance
with the procedures set forth herein for the grading area which is
in fact proposed. The applicant shall not strip, clear or grade any
area not designated on the grading/building permit plan approved by
the Township.
B.
A final inspection shall be conducted by the Township Engineer to certify compliance with this chapter. Satisfactory compliance with this chapter, including submission of as-built plans pursuant to § 177-12 herein shall be necessary before issuance of a certificate of occupancy permit.
C.
Costs of inspections required or permitted hereunder shall be paid
from escrow collected by the Township in accordance with the established
schedule of fees and escrow.
The applicant shall not be relieved of responsibility for damage
to persons or property otherwise imposed by law, and the Township
or its officials will not be made liable for this damage by:
A.
The issuance of a grading/building permit plan approval in accordance
with this chapter or other applicable laws;
B.
Compliance with the provisions of approval or with conditions attached
to it;
C.
Failure of Township officials to observe or recognize hazardous or
unsightly conditions;
D.
Failure of Township officials to deny or to recommend denial of approval;
or
E.
Exceptions from the requirements of this chapter.
A.
Foundation as-built plans shall be submitted to, and approved by,
the Township for all new dwellings and nonresidential structures on
lots less than one acre in area, and any other sites where, in the
determination of the Zoning Officer, a foundation as-built plan is
required due to site conditions; prior to continuing construction
past the foundation stage. These plans shall include lot lines, foundation
location, offset distances from foundation to property lines, and
elevations of basement floor and top of wall/first floor. Foundation
as-built plans must be prepared and sealed by a registered land surveyor
or engineer.
B.
Final as-built plans must be prepared and sealed by a registered
land surveyor or engineer and submitted to, and approved by, the Township
to verify compliance with the approved grading/building permit plan,
prior to issuance of a certificate of occupancy. Final as-built plans
shall be required for all new dwellings, nonresidential structures,
and any other sites where, in the determination of the Zoning Officer,
a final as-built plan is required to verify compliance with the approved
plan and any other applicable Township Ordinance. Final as-built plans
shall reflect the as-constructed condition of the site and include
all information required on the grading/building permit plan.
Every grading/building permit plan approved hereunder shall
expire at the end of 12 months from the date of issuance if work has
not commenced. Where work has commenced within 12 months of permit
issuance, the approval shall remain valid for two years from the date
of issuance. The applicant may, within 30 days prior to expiration
of the approval, request an extension, in writing, to the Township,
setting forth therein the reasons for the requested extension, and
provide proof of extension of the erosion and sediment control plan
approval from BCCD and/or PADEP, as necessary. If, at the discretion
of the Township, an extension is warranted, the Township may grant
additional time for completion of work.
A.
Grading/building permit plan revisions shall be submitted to the
Township and shall be processed and approved or disapproved in the
same manner as the original plans. Field modifications of a minor
nature may be authorized by the Township.
B.
Where the Township Engineer determines that stormwater or erosion
and sedimentation damage may result from grading at a site with an
approved plan, work may be ordered by the Township to be stopped and
the applicant required to install temporary structures or take such
other measures as may be necessary to protect adjoining property or
public safety.
A.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter shall,
upon conviction, be found guilty of a summary offense, the penalty
for which shall be a fine of no less than $500, including reasonable
attorneys' fees and the cost of prosecution incurred by the Township
as a result thereof. Each day that a violation continues shall constitute
a separate violation.
B.
Remedy for violation. In addition to the penalties as set forth in Subsection A above, any property subjected to earthmoving or stripping activities performed in violation of this chapter shall be restored to its previous condition, including replacement of excavated earth, removal of illegally placed fill, and restoration of grades and planting. In order to enforce this section, the Township Solicitor may seek injunctive relief in accordance with the rules of civil procedure and the Pennsylvania MPC.[1] Any activity undertaken or carried out in noncompliance
with this chapter may be declared by the Board of Supervisors to be
a public nuisance and abatable as such.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Revocation or suspension of permit. Any permit issued under this
chapter, including those issued through approval of subdivision and
land development plans, may be revoked or suspended by the Board of
Supervisors after notice to the applicant for:
(1)
Failure to properly carry out the erosion and sedimentation control
measures described in the application and/or accompanying plans at
the times specified in the erosion and sedimentation control plan's
construction schedule or within any extension that may be granted
by the Township.
(2)
Violation of any other condition of the grading/building permit plan
approval.
(3)
Violation of any provision of this chapter or any other applicable
law, ordinance, rule, or regulation relating to the earthmoving and/or
stripping activities.
(4)
The existence of any condition or the doing of any acts constituting
or creating a nuisance, hazard or endangering human life or the property
of others, including, without limitation, the discharge of sediments
from the site or the failure of the control to prevent accelerated
erosion or waterborne sediment from leaving the site of construction.
D.
Notice of nonconforming work. If, at any stage of construction, the
earthmoving and/or stripping activities do not conform to the grading/building
permit plan; to the attached conditions; to the accompanying plans
and specification, including modifications thereof; or for any violation
of this chapter, a written notice to comply shall be given to the
applicant. Such notice shall set forth the nature of corrections required
and the time within which corrections shall be made.
Appeals from the determination of the Township staff, or from
the Township Engineer in the administration of this chapter shall
be made by the applicant to the Board of Supervisors within 30 days
of that determination or decision.
Any ordinance or ordinance provision of Nockamixon Township
inconsistent with any of the provisions of this chapter is hereby
repealed to the extent of the inconsistency only.
The provisions of this chapter are severable. If any section,
clause, sentence, part or provision thereof shall be held illegal,
invalid, or unconstitutional by a court of competent jurisdiction,
such decision of the court shall not affect or impair any of the remaining
sections, clauses, sentences, parts or provisions of this chapter.
It is hereby declared to be the intent of the Board of Supervisors
that this chapter would have been adopted if such illegal, invalid,
or unconstitutional section, clause, sentence or part of a provision
had not been included herein.
