(a) Notwithstanding any provision of this chapter or any condition of the permit, the permittee is responsible for the prevention of damage to other property, or personal injury, which may be effected by the activity requiring a permit.
(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 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 to 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 or her 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 carried out pursuant to a permit granted under the provisions of this chapter shall continuously maintain and repair all graded surfaces and anti- erosion devices, retaining walls, drainage structures 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 Delaware County Soil and Water Conservation District as adopted from Standards and Specifications of the U.S. 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. The disturbed area and duration of exposure shall be kept to a practical minimum.
(3) The elevation of the first floor of the proposed dwelling shall be provided prior to a permit being issued.
(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 Engineer, or by a soil engineer certifying that he or she has investigated the property, that he or she has made soil tests, and that, in his or her opinion, such steeper slopes will safely support the proposed fill.
(i) All trees in areas of extreme grade change shall be removed unless protected with suitable tree wells. However, extreme precautions shall be taken to prevent the unnecessary removal of trees.
(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 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 any interceptor and diversion berms, swales and 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.
(Ord. 360, passed 9-19-1990; Ord. 764, passed 10-15-1997)