[HISTORY: Adopted by Board of Commissioners
of the Township of Springfield 5-13-1980 as Ord. No. 1031. Amendments noted where
applicable.] [1]
[1]
Editor's Note: This ordinance also repealed
former Ch. 39, Excavation and Filling of Ground, adopted 8-12-1975
as Ord. No. 926, as amended.
This ordinance shall be known and may be cited
as the "Township of Springfield Grading, Drainage and Erosion Control
of Land Ordinance."
The purpose of this ordinance is to regulate
the modification of the natural terrain, the alteration of drainage
and the maintenance of artificial structures and surfaces within the
Township of Springfield so as to assure and safeguard the health,
safety, morals and general welfare of the citizens of the Township
of Springfield.
A.
It shall be unlawful for any person, firm or corporation
to pave, fill, strip, grade or regrade any land within the Township
of Springfield without first securing a permit as hereunder provided.
B.
It shall be unlawful for any person, firm or corporation
to disturb, modify, block, divert or affect the natural overland or
subsurface flow of stormwater within the Township of Springfield without
first securing a permit as hereunder provided.
C.
It shall be unlawful for any person, firm or corporation
to construct, erect or install any drainage dam, ditch, culvert, drain
pipe, bridge or any other structure or obstruction affecting the drainage
of any premises in the Township of Springfield without first securing
a permit as hereunder provided.
A.
Any person, firm or corporation proposing to engage
in an activity requiring a permit shall apply for a permit by written
application on a form furnished by the Township of Springfield.
B.
The application for a permit shall be accompanied
by a map or diagram of the property showing the location of all present
and proposed ditches, streams, pipes and other drainage structures
and cuts or fills. In addition to showing elevations, dimensions,
location and extent of all proposed grading and/or drainage, the plans
shall clearly indicate all buildings, parking areas and driveways.
Further, the application shall indicate the present and proposed sources,
storage and dispositions of water being channeled through or across
the premises, together with elevation, gradients and maximum flow
rates. The application shall describe the work to be performed, the
materials to be used and the manner or method of performance, including
provisions for protecting and maintaining existing drainage facilities
in the Township of Springfield, whether on public or private property.
If loadbearing fill is proposed, a soils investigation report shall
be submitted which shall consist of test borings, laboratory testings
and engineering analysis to correlate surface and subsurface conditions
with the proposed rating plan. The results of the investigation shall
be presented in a report by a soil engineer which shall include: data
regarding the nature, distribution and supporting ability of existing
soils and rock on the site, conclusions and recommendations for grading
requirements and erosion control and recommendations to ensure stable
soil conditions and groundwater control as applicable. The township
may require such supplemental reports and data as it deems necessary.
Recommendations included in such reports and approved by the township
shall be incorporated in the plan for specifications.
C.
The application for a permit to excavate/grade shall be accompanied by an initial fee as established by the Board of Commissioners in accordance with Chapter 40, Fee Schedule, of the Code of the Township of Springfield, which shall be applied to the first hour of review of said application by the Township Engineer. For each additional hour or fraction thereof spent in the processing, review and/or inspection in relation to the grading application, the property owner will be billed at the hourly rate as indicated in Chapter 40, Fee Schedule.
[Amended 11-13-1990 by Ord. No. 1235; 9-8-2015 by Ord. No.
1560]
D.
All applicants for a permit involving an area greater than 1/2 acre shall, before any permit is granted, post a bond with the Township of Springfield in the sum as established by the Board of Commissioners in accordance with Chapter 40, Fee Schedule, of the Code of the Township of Springfield (the exact sum to be determined by the Township Engineer), with corporate surety to be approved by the Township Solicitor, the conditions of which shall be a full and complete compliance with this ordinance and all terms of the permit.
[Amended 9-8-2015 by Ord.
No. 1560]
Upon the submission of an application which
conforms to the provisions of this ordinance, the Township Building
Inspector, after consultation with and approval of the Township Engineer,
if deemed necessary, shall issue the necessary permit.
A.
Notwithstanding any provision of this ordinance or
any condition of the 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 permit and shall hold
harmless the township.
B.
No person, firm or corporation shall modify, fill,
excavate or regrade land in any manner so close to a property line
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 or other
physical damage or personal injury which might result.
C.
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.
D.
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.
E.
The owner of any property on which any work has been
made pursuant to a permit granted under the provisions of this ordinance
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.
F.
All plans and specifications accompanying applications
for permits shall include provisions for both interim (temporary)
and ultimate (permanent) erosion and sediment control.
(1)
The design, installation and maintenance of erosion
and sediment control measures shall be accomplished in accordance
with guidelines as may be established, from time to time, by the United
States Department of Agriculture, Soil Conservation Service.
(2)
All graded surfaces, shall be seeded, sodded and/or
planted or otherwise protected from erosion as soon as practicable
and shall be watered, tended and maintained until growth is well established
at the time of completion and final inspection.
G.
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.
H.
Fills toeing out on natural slopes steeper than four
horizontal to one vertical shall not be made unless approved by the
township after receipt of a report, deemed acceptable by the Township
Engineer, by a soil engineer certifying that he has investigated the
property, made soil tests and that in his opinion such steeper slopes
will safely support the proposed fill.
I.
All trees in areas of grade change shall be removed
unless protected with suitable tree wells.
J.
The following provisions apply to the carrying and
disposal of stormwater runoff:
(1)
All drainage facilities shall be designed, in the
most practicable fashion, to carry surface water in such a manner
as to prevent erosion, overflow or ponding.
(2)
The ponding of water shall not be permitted above
cut or fill slopes or on drainage terraces, nor shall water be impounded
on adjacent property. Adequate drainage facilities shall be provided
to prevent such ponding.
(3)
The applicant shall make adequate' provisions to prevent
any surface waters from damaging the face of any excavation or fill.
All slopes shall be temporarily and permanently protected from surface
water runoff from above by interceptor and diversion berms, swales,
brow or berm ditches and shall be sodded, seeded and planted, unless
the township determines such treatment is unnecessary and specifically
waives this requirement.
(4)
All drainage terraces, interceptor and diversion berms,
swales and brow or berm ditches shall be designed and constructed
and, when required by the Township Engineer, shall be piped or paved
or otherwise improved to the satisfaction of the township.
K.
When required, adequate provisions shall be made for
dust control measures as are deemed acceptable by the township.
L.
When required, the applicant shall agree to the granting
and recording of easements for drainage facilities including acceptance
of the discharge of water on the property of others, provisions for
maintenance of slopes and swales and access for the maintenance of
anti-erosion facilities.
A.
The applicant, in any activity requiring a permit,
shall request inspection by the Township Engineer:
(1)
Upon completion of stripping, the stockpiling of topsoil
and disposal of all unsuitable material, but prior to beginning any
other preparation of the ground.
(2)
Upon completion of preparation of ground to receive
fill, but prior to beginning any placement.
(3)
Upon completion of rough grading, but prior to placing
topsoil, permanent drainage or other site development improvements
and ground covers.
(4)
Upon completion of final grading, permanent drainage
and erosion control facilities (including established ground covers
and planting) and all other work of the permit.
B.
The applicant, in all cases other than that referred to in Subsection A, after commencing initial operations, shall request inspections by the Township Engineer at the following stages in the development of the site or of each subdivision thereof:
(1)
Prior to commencement of grading operations to determine
suitability of all proposed fill materials.
(2)
Upon completion of stripping, the stockpiling of topsoil
and disposal of all unsuitable material, but prior to beginning or
any other preparation of the ground.
(3)
Upon completion of preparation of the ground to receive
fill but prior to beginning or placement, an inspection of proof rolling.
(4)
Upon installation of structural fill, the following
earthfill procedures are required.
(a)
Prior to placing fill in any area, provision should
be made to intercept or divert all surface water. Within the area
on which fill is to be placed, the ground should be graded so as to
provide for unobstructed drainage from every point to some disposal
point.
(b)
The area should be closely examined to determine whether
excessive wetness, springs or other seepage of water can be observed.
If such conditions exist, drainage must be provided before placement
of fill is undertaken.
(c)
When the fill area has been prepared as specified,
the existing ground surface should be compacted by the specified method
for compacting fill.
(d)
Fill should begin at the lowest section of the area.
Fill should be spread in six-inch layers prior to compaction. Each
layer should be approximately horizontal, but small slopes can be
permitted in order to provide for surface water runoff.
(e)
Each layer of fill should be inspected prior to compaction.
All roots, vegetation or debris should be removed. Stones larger than
six inches in diameter should be removed or broken. The moisture content
of each layer should be determined to be suitable for compaction.
(f)
The compaction of the fill should be done with a sheepsfoot
roller, rubber-tired roller or a vibratory roller. Other compaction
equipment should be used only after it has demonstrated that satisfactory
results can be obtained with it.
(g)
Each layer of compacted fill should be tested to determine
its dry density as per ASTM D 1556. The density of each layer should
be not less than 95% of maximum dry density as determined by ASTM
D 1557. The moisture content of the compacted layer should be not
more than 4% less or 2% greater than the optimum moisture as determined
by ASTM D 1557.
(h)
Only when the compacted layer has been shown to be
as specified should other layers of fill be placed above it.
(i)
Visual inspection of borrow materials should be made
periodically to assure that no variation in the fill material has
occurred.
(5)
Upon completion of rough grading, but prior to placing
topsoil, permanent drainage or other site development improvements
and ground covers.
(6)
Upon completion of trench backfilling operations so
that testing can be performed as specified.
(7)
Upon completion of final grading, permanent drainage
and erosion control facilities, including established ground covers
and planting and all other work of the permit.
All applicants shall bear all costs of inspections
required hereunder and, if deemed necessary by the Township Building
Inspector, shall deposit with the Township Treasurer such sum as the
Township Commissioners shall determine to guarantee payment of the
cost of such inspections. The costs of inspections shall be at the
rate charged to the township by the Township Engineer.
Should any section or provision of this ordinance
be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of this ordinance as a whole
or of any other part thereof.
Any person, firm or corporation violating any
provision of this ordinance shall, upon summary conviction before
any Magistrate or Justice of the Peace, be sentenced to pay a fine
not exceeding $300 and the cost of prosecution, and in default of
payment of the fine and cost, the violator may be sentenced to the
county jail for a term of not more than 30 days. Each and every day
in which any person, firm or corporation shall be in violation of
this ordinance shall constitute a separate offense.
