This chapter shall be known and may be cited as the "Borough of Rosslyn
Farms Grading Ordinance."
This chapter is adopted in accordance with the authority granted to
municipalities to regulate subdivision and land development by the Pennsylvania
Municipalities Planning Code, Act 247 of 1968, as amended (53 P.S. § 10101
et seq.).
The purpose of this chapter is to provide minimum standards for regulating
earth disturbance activities throughout the Borough by the following:
A. Protecting and promoting the public welfare by preventing
excess erosion, hazardous rock and soil slippage, sediment production and
other soil and water management problems, and by regulating and controlling
the design, construction, quality of materials, use, location and maintenance
of grading, excavation and fill.
B. Controlling accelerated erosion and the resulting sediment
pollution to waters of this Commonwealth that occur on earthmoving sites within
the Borough of Rosslyn Farms.
Wherever used in this chapter, the following words shall have the meaning
indicated:
ACCELERATED EROSION
The removal of the surface of the land through the combined action
of human activities and the natural processes, at a rate greater than would
occur because of the natural process alone.
ADMINISTRATOR
The person or persons appointed by the Borough Council to manage
this chapter.
APPLICANT
A landowner, developer or other person who has filed an application
for approval to engage in any earth disturbance activity at a project site
in the municipality.
BEDROCK
The natural rock layer, hard or soft, in place at ground surface
or beneath unconsolidated surficial deposits.
BMP (BEST MANAGEMENT PRACTICES)
Activities, facilities, designs, measures or procedures used to manage
stormwater impacts from regulated earth disturbance activities, to meet state
water quality requirements, to promote groundwater recharge and to otherwise
meet the purposes of this chapter.
BOROUGH
The Borough of Rosslyn Farms, Allegheny County, Pennsylvania.
CLEAN FILL
Uncontaminated, non-water-soluble, inert solid material used to level
an area or bring the area to a desired grade. The term does not include material
placed into or on waters of this Commonwealth.
DEP
Pennsylvania Department of Environmental Protection.
EARTH DISTURBANCE
A construction or other human activity which disturbs the surface
of the land, including, but not limited to, clearing and grubbing, grading,
excavations, embankments, road maintenance, building construction and moving,
disposing, stockpiling or storing of rock or earth materials.
EROSION
The process by which the surface of the land, including channels,
is worn away by water, wind or chemical action.
EXCAVATION
Any act by which earth, sand, gravel, rock or any other similar material
is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed
and includes the conditions resulting therefrom.
FILL
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, pushed, dumped, pulled, transported or moved to a new
location, and includes the condition resulting.
GEOTECHNICAL ENGINEER
A person registered by the Commonwealth of Pennsylvania as a professional
engineer and who has training and experience in the branch of geotechnical
engineering.
GRADE
The elevation of the existing ground surface at the location of any
proposed excavation or fill.
GRADING
Excavation or fill or any combination thereof, and includes the conditions
resulting from any excavation or fill.
HAZARD
A danger or potential danger to life, limb or health, or an adverse
effect or potential adverse effect of the safety, use or stability of property,
waterways, public ways, structures, utilities and storm sewers, including
stream pollution.
INTERMITTENT STREAM
A body of water flowing in a channel or bed composed primarily of
substrates associated with flowing water, which during periods of the year
is below the local water table and obtains its flow from both surface runoff
and groundwater discharges.
LAND DEVELOPMENT
A.
The improvement of one lot or two or more contiguous lots, tracts or
parcels of land for any purpose involving:
(1)
A group of two or more residential or nonresidential buildings, whether
proposed initially or cumulatively, or a single nonresidential building on
a lot or lots regardless of the number of occupants or tenants.
(2)
The division or allocation of land or space, whether initially or cumulatively,
between or among two or more existing or prospective occupants by means of,
or for the purpose of, streets, common areas, leaseholds, condominiums, building
groups or other features.
NPDES
National Pollutant Discharge Elimination System, the federal government's
system for issuance of permits under the Clean Water Act, which is delegated
to the DEP in Pennsylvania.
PERCHED AQUIFER
Groundwater that is separated from underlying groundwater by an unsaturated
zone.
PERENNIAL STREAM
A body of water flowing in a channel or bed composed of substrates
associated with flowing waters and is capable, in the absence of pollution
or other man-made disturbances, of supporting a benthic macroinvertabrate
community which is composed of two or more recognizable taxonomic groups of
organisms which are large enough to be seen by the unaided eye and can be
retained by the United States Standard No. 30 sieve (28 meshes per inch, 0.595
mm openings) and live at least part of their life cycles within or upon available
substrates in a body of water or water transport system.
PERSON
An individual, partnership, public or private association or corporation,
or a governmental unit, public utility or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
PROFESSIONAL ENGINEER
A person licensed by the Commonwealth of Pennsylvania to practice
engineering and who is knowledgeable in the branch of civil engineering.
REGIONAL GROUNDWATER TABLE
The fluctuating upper water level surface of an unconfined or confined
aquifer, where the hydrostatic pressure is equal to the ambient atmospheric
pressure. The term does not include the perched water table or seasonal high
water table.
RETAINING WALLS
A structure composed of concrete, steel or other approved building
material, excluding timber, constructed for the purpose of supporting a cut
or filled embankment which would otherwise not comply with the requirements
of the standards set forth in this chapter and which is more than four feet
in height as measured on the vertical surface of the wall.
SEASONAL HIGH WATER TABLE
The highest elevation of a saturated condition in the soil profile
during certain periods of the year. The condition can be caused by a slowly
permeable layer with the soil profile and is commonly indicated by the presence
of soil fluctuation of the regional groundwater table.
SEDIMENT
Solid material, both mineral and organic, that is in suspension,
is being transported or has been removed from its site of origin by air, water,
gravity or ice and has come to rest on the earth's surface.
SITE
A lot, tract or parcel of land or a series of lots, tracts or parcels
of land which are adjoining where earth disturbance activities are continuous
and performed at the same time.
SOIL SURVEY
The "Soil Survey of Allegheny County, Pennsylvania," as prepared
by the United States Department of Agriculture, Soil Conservation Service,
et al.
SURFACE WATERS OF THIS COMMONWEALTH
Any and all rivers, streams, creeks, rivulets, impoundments, ditches,
watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs
and other bodies or channels of conveyance of surface water or parts thereof,
whether natural or artificial, within or on the boundaries of this Commonwealth.
WATERCOURSE
A channel or conveyance of surface water, such as a stream or creek,
having defined bed and banks, whether natural or artificial, with perennial
or intermittent flow.
WATER SOURCE
A.
The site or location of a well, spring or water supply stream intake
which is used for human consumption.
B.
Existing, designated or planned sources of water or facilities or systems
for the supply of water for human consumption or for agricultural, commercial,
industrial or other legitimate use, protected by the applicable water supply
provisions of 25 Pa. Code § 93.3.
WETLANDS
Areas that are inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, and that under normal circumstances
do support, a prevalence of vegetation typically adapted for life in saturated
soil conditions, including swamps, marshes, bogs and similar areas.
No person or landowner shall commence or perform any grading activity,
including those with an approved land development plan, without first having
obtained a grading permit from the administrator on approval of the Engineer
or an executed developer's agreement. A separate grading permit shall be required
for each property to be disturbed and having different owners. One permit
shall be permitted for land developments performing grading activities on
contiguous parcels within the same development.
Every grading permit shall expire by limitation and become null and
void if the work authorized by such permit has not been commenced within three
months or is not completed within one year from the date of issue; provided
that the administrator, acting upon the recommendation of the Borough Engineer,
may, if the permit holder presents satisfactory evidence that unusual difficulties
have prevented work being started or completed within the specified time limits,
grant a reasonable extension of time; and provided further that the application
for the extension of time is made before the date of expiration of the permit.
Neither the issuance of a permit under the provisions of this chapter
nor the compliance with the provisions hereof or with any condition imposed
by the administrator or Borough Engineer hereunder shall relieve any person
from responsibility for damage to persons or property resulting therefrom
or as otherwise imposed by law, nor impose any liability upon the Borough
for damages to persons or property.
In case any work is performed by any person in violation of any of the
provisions of this chapter, the proper officer of the Borough, in addition
to other remedies, may institute in the name of the Borough any appropriate
action or proceeding, whether by legal process or otherwise, to prevent such
unlawful work and to restrain or abate such violation.