[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.