§ 212-25.   Erosion and sediment control.
[Amended 6-14-2011 by Ord. No. 11-1240, § 13]
   A.   General provisions.
      (1)   For qualifying tracts, no changes shall be made in the contour of the land and no , excavating, removal or destruction of the , or other vegetative cover of the land shall be commenced until such time that a for minimizing and has been processed with and reviewed by the Township or there has been a determination by the Township that such are not necessary.
      (2)   A qualifying tract shall be a tract for which a permit is required under Chapter 99, ; provided, however, that the division of land for agricultural purposes into parcels of more than 10 acres, not involving any new or of access, shall be exempted. [Amended 9-14-2004 by Ord. No. 1139]
      (3)   No or shall be approved unless:
         (a)   There has been a approved by the Board of Commissioners that provides for minimizing and consistent with this section and an bond or other acceptable securities are deposited with the Township in the form of an escrow guaranty which will insure installation and completion of the required ; or
         (b)   There has been a determination by the Township that a for minimizing and is not necessary.
      (4)   Any which creates a significant change in the characteristics of the watershed, thus increasing volume and velocity of surface water runoff, due to the decrease in retention and infiltration of stormwater shall not be permitted until guaranties are made of that will reduce the likelihood of , , inundation and water from peak periods of precipitation and provide for controlled disposal of excess surface water. Such must satisfy the requirements and regulations of the Pennsylvanian Department of Environmental Resources.
      (5)    for the control of and to reduce sediment shall meet the and specifications of the Montgomery County Soil and Water Conservation District. The shall be submitted to the Montgomery County District for its review and comment and shall be approved by the Township .
      (6)   Whenever is caused by stripping vegetation, regrading or other , it shall be the responsibility of the person, corporation or other entity causing such to remove it from all adjoining surfaces, systems and and to repair any damage at his expense as quickly as possible.
      (7)   The or must comply with the provisions of Chapter 206, Stormwater Management, which is incorporated herein by reference. [Added 11- 9-1999 by Ord. No. 1011]
   B.   Performance principles. The following measures are effective in minimizing and and shall be included where applicable in the control :
      (1)   Stripping of vegetation, regrading or other shall be done in such a way that will minimize .
      (2)    shall preserve salient natural features, keep - operations to a minimum and ensure conformity with topography so as to create the least potential and adequately handle the volume and velocity of surface water .
      (3)   Wherever feasible, natural vegetation shall be retained, protected and supplemented.
      (4)   The disturbed area and the duration of exposure shall be kept to a practical minimum.
      (5)   Disturbed soils shall be stabilized as quickly as practicable.
      (6)   Temporary vegetation and/or mulching shall be used to protect exposed critical areas during .
      (7)   The permanent (final) vegetation and structural control and measures shall be installed as soon as practical in the .
      (8)   Provisions shall be made to effectively accommodate the increased caused by changed soil and surface conditions during and after . Where necessary, the rate of surface water will be structurally retarded.
      (9)   Sediment in the water shall be trapped until the disturbed area is stabilized by the of debris basins, sediment basins, silt traps or similar measures.
   C.    for . In order to provide more suitable for and other , to improve surface and to control , the following requirements shall be met: [Amended 9-14-2004 by Ord. No. 1139]
      (1)   All , tracts or parcels shall be graded to provide proper away from and dispose of it without ponding, and all land within a shall be graded to drain and dispose of surface water without ponding, except where approved by the .
      (2)   All provisions shall be of such design to adequately handle the surface and carry it to the nearest stormwater management facility. Where   are used to divert surface waters away from , they shall be sodded or planted as required and shall be of such , shape and size as to conform to the requirements of the township.
      (3)    and .
         (a)    and   shall not be steeper than 3:1 unless stabilized by a retaining wall or cribbing, except as approved by the when handled under special conditions. [Amended 6-14-2011 by Ord. No. 11-1240]
         (b)   Adequate provisions shall be made to prevent surface water from damaging the face of or the sloping surfaces of .
         (c)   Cuts and shall not endanger adjoining property.
         (d)    shall be placed and compacted so as to minimize sliding or of the soil.
         (e)    shall not encroach on or other water bodies.
         (f)    placed adjacent to and other water bodies shall have suitable protection against .
         (g)    will not be done in such a way so as to divert water onto the property of another without the expressed consent of the property owner and the .
         (h)   During operations, necessary measures for dust control will be exercised.
         (i)    equipment will not be allowed to cross through . Provisions will be made for the installation of culverts or bridges.
   D.   Responsibility.
      (1)   Whenever is caused by stripping vegetation, regrading or other , it shall be the responsibility of the person, corporation or other entity causing such to remove it from all adjoining surfaces, systems and and to repair any damage at his expense as quickly as possible.
      (2)   Maintenance of all and within any or is the responsibility of the /property owner/property owner’s association unless the and and/or the maintenance thereof, are accepted by the Township or some other official agency. [Amended 6-14-2011 by Ord. No. 11-1240]
      (3)   It is the responsibility of any person, corporation or other entity doing any act on or across a communal stream, or or upon the , or thereof to maintain, as nearly as possible, in its present state the stream, , , , or during the pendency of the activity and to return it to its original or equal condition after such activity is completed. [Amended 9-14-2004 by Ord. No. 1139]
      (4)   Maintenance of stormwater management facilities, or other originating and completely on private property is the responsibility of the owner to their point of open discharge at the property line or at a communal within the property. [Amended 9-14-2004 by Ord. No. 1139]
      (5)   No person, corporation or other entity shall block, impede the flow of, alter, construct any or deposit any material or thing or commit any act which will affect normal or flood flow in any communal stream or without having obtained prior approval from the Township or Pennsylvania Department of Environmental Resources, whichever is applicable.
      (6)   Where a is traversed by a or other waters of the common wealth, there shall be provided a   as required by § 212-24 of this chapter. [Amended 9-14-2004 by Ord. No. 1139]
      (7)   Each person, corporation or other entity which makes any surface changes shall be required to: [Amended 9-14-2004 by Ord. No. 1139]
         (a)   Manage stormwater as required by Chapter 206 and other applicable sections of the Code.
      (8)   It shall be the obligation of every property owner to maintain his property in such manner so as to permit at all times the free flow of water through any drain, ditch, stream, , stormwater management facility, or , whether natural or man-made, occupying such land, including the removal of any , bushes, undergrowth, limbs, trash or debris which might interfere with the free flow of water in the event of a storm. [Amended 9-14-2004 by Ord. No. 1139]
      (9)   To the extent that a property owner fails to maintain his property in such manner so as to permit at all times the free flow of water, the township shall exercise its discretion to take action as necessary to ensure the free flow of water. [Amended 9-14-2004 by Ord. No. 1139]
      (10)   The Township shall be required to:
         (a)   Assess and collect the cost of off-site to the common natural except those required to existing state roads. Collection may be delayed until the assessed land is approved for .
         (b)   Acquire for such common natural   .
         (c)   Supervise such to completion.
   E.   Compliance with regulations and procedures.
      (1)   The Board of Commissioners, in its consideration of all of and , shall condition its approval upon the execution of and sediment control measures as contained in Subsections B, C and D of this section. 15
      (2)   Stream channel construction on watersheds with areas in excess of 320 acres, or in those cases where downstream hazards exist, will conform to criteria established by the Pennsylvania Department of Environmental Resources.
      (3)    for minimizing and as approved will be incorporated into the agreement and bond requirements as required under Subsection A(3) of this section.
      (4)   The approval of and specifications for the control of and shall be concurrent with the approval of the of or and becomes a part thereof.
      (5)   At the time that a permit is applied for, a review shall be conducted by the Township to ensure conformance with the as approved. During the construction, further consultative technical assistance will be furnished, if necessary, by the Township and the Montgomery County Soil and Water Conservation District. During this phase, the Township shall inspect the   and enforce compliance with the approved .
      (6)   Permission for clearing and prior to recording of may be obtained under temporary or other conditions satisfactory to the Board of Commissioners.
      (7)   In the event that the proceeds to clear and prior to recording of the or without satisfying conditions specified under Subsection E(6), the may revoke the approval of the .
15.   Editor’s Note: Former Subsection 5(b), concerning the specifications for installation and design of the required measures, which immediately followed this subsection, was deleted 1-10-1995 by Ord. No. 879.