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Franklin Township, PA Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
§ 19-303
5,000 sq ft to 1 acre disturbance
Conservation District/PADEP plan required
Over 1 acre disturbance
PADEP NPDES construction permit required
On-site requirement
Plan and permits available on site at all times
Violation status
Declared a public nuisance (§ 19-901)
Penalty
Up to $1,000 per violation per day

Summary

Franklin Township bars any regulated construction activity from starting until the applicant documents an erosion and sediment control approval. Section 19-303 requires a Conservation District or PADEP letter for disturbances between 5,000 square feet and one acre, or an NPDES permit above one acre, with the plan kept on site at all times.

§ 19-303. Erosion and Sediment Control. ... ... 1. No regulated activity within the municipality shall commence until: ... A. The municipality receives documentation that the applicant has received: (1) A letter of adequacy from the Conservation District or other approval from PADEP in compliance with 25 Pa. Code Chapter 102, of an erosion and sediment control plan for construction activities for projects where the area of disturbance is greater than 5,000 square feet and less than one acre, where pond dredging is involved, or when the disturbance is associated with activities described under 25 Pa. Code Chapter 105 permits; (2) A PADEP NPDES permit for stormwater discharges associated with construction activities for projects where the area of disturbance exceeds one acre, as required under 25 Pa. Code Chapter 92.a, if applicable; and (3) Evidence of any other permit(s) or approvals required for the regulated activities. 2. A copy of the erosion and sediment control plan and any required permit(s), as required by PADEP regulations, shall be available on the site at all times.

Full Breakdown

Section 19-303 of the Stormwater Management Ordinance (Chapter 19, Ord. 2023-01, 4/19/2023) sets Franklin Township's erosion and sediment control gate on construction. No regulated activity may commence until the township receives documentation that the applicant has obtained a letter of adequacy from the Chester County Conservation District, or other PADEP approval under 25 Pa. Code Chapter 102, covering an erosion and sediment control plan for projects disturbing more than 5,000 square feet but less than one acre, for pond dredging, or for activities tied to a Chapter 105 permit.

Projects disturbing more than one acre instead require a PADEP NPDES permit for construction stormwater discharges under 25 Pa. Code Chapter 92a. Applicants must also produce evidence of any other required permits or approvals. A copy of the erosion and sediment control plan and any required permits must be kept available on site at all times, and additional erosion controls apply wherever infiltration BMPs are proposed, per § 19-306, Subsection 1L. This section works within the chapter's broader disturbance rules: § 19-301 bars ground-cover disturbance within 50 feet of the top of bank of streams, ponds and wetlands (reducible to no less than 10 feet with Municipal Engineer and Conservation District approval), and § 19-302 lists related state permit triggers, including PADEP permits for work in natural drainageways or near surface waters.

Violating § 19-303 is enforced the same as any Chapter 19 violation: § 19-901 declares it a public nuisance, and § 19-905 authorizes a fine of up to $1,000 per violation, per day, prosecuted as a summary offense before a Magisterial District Judge, alongside the township's right of entry to inspect erosion controls under § 19-902.

Violations & Fines

Starting a regulated activity without the documented erosion and sediment control approval required by § 19-303, or removing the plan from the site, is a Chapter 19 violation. Section 19-901 declares it a public nuisance, and § 19-905 sets a fine of up to $1,000 per violation per day, prosecuted before a Magisterial District Judge, with the township able to seek injunctive relief as well.

Frequently Asked Questions

When does Franklin Township require an erosion and sediment control plan?
Section 19-303 requires documented Conservation District or PADEP approval of an erosion and sediment control plan before any regulated activity disturbing more than 5,000 square feet, but less than one acre, can begin.
What permit is needed for larger construction sites?
Projects disturbing more than one acre need a PADEP NPDES permit for construction stormwater discharges under 25 Pa. Code Chapter 92a, as referenced in § 19-303.
Does the erosion control plan have to be kept on site?
Yes. Section 19-303 requires a copy of the erosion and sediment control plan and any required permits to be available on site at all times during construction.
What happens if a builder skips erosion controls in Franklin Township?
Section 19-901 declares any Chapter 19 violation a public nuisance, and § 19-905 allows a fine of up to $1,000 per day, prosecuted as a summary offense before a Magisterial District Judge.

Sources & Official References

Other rules in Franklin Township

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