[HISTORY: Adopted by the Borough Council of the Borough of
Dormont 2-1-1993 by Ord. No. 1421. Amendments noted where applicable.]
A.
The purpose of this chapter is to control accelerated erosion and
the resulting sediment pollution to waters of this commonwealth that
occur on earthmoving sites within the Borough of Dormont.
B.
These regulations are adopted and implemented to achieve the following
general objectives:
(1)
To specify the type and size of an earthmoving activity which is
or has been inadequately regulated in the past.
(2)
To present and/or control earthmoving activities within environmentally
sensitive areas, including wetlands and waterways of the commonwealth.
(3)
To restrict and/or control earthmoving activities in areas with naturally
occurring steep slopes and/or highly erodible soils.
(4)
To regulate the earthmoving activities resulting from land development.
This chapter shall be known and may be cited as the "Erosion
and Sediment Pollution Control Ordinance."
The provisions of this chapter shall apply to all subdivision
and land developments within the Borough of Dormont, unless otherwise
modified herein.
A.
It shall be unlawful for any person, landowner, business or corporation
to undertake any earthmoving activities in excess of 1,000 square
feet without developing, implementing and maintaining erosion and
sediment pollution control measures and facilities that effectively
minimize accelerated erosion and prevent sediment pollution to waters
of this commonwealth. These controls shall be contained in an erosion
and sedimentation control plan that meets the requirements of the
Department of Environmental Protection, Chapter 102, Erosion and Sediment
Control, regulations. A copy of the erosion and sedimentation control
plan must be available at the earthmoving site at all times.
B.
Prior to the approval of any grading plan permit by the Borough of
Dormont, an erosion and sedimentation control plan must be submitted
to and approved by the Allegheny County Conservation District. This
requirement will be waived upon receipt of a copy of a Department
of Environmental Protection earth disturbance permit for sites involving
more than 25 acres of earthmoving.
A.
Interpretation. The word "person" includes a corporation, association,
partnership or individual. The words "shall" and "will" are mandatory;
the word "may" is permissive. Words used in the present tense include
the future tense. Words in the masculine gender shall include the
feminine gender.
B.
ACT
APPLICANT
CHANNEL
CONSERVATION DISTRICT (ACCD)
DESIGN STORM
DEVELOPMENT
DEVELOPMENT SITE
DISCHARGE
DRAINAGE
DRAINAGE AREA
DRAINAGE BASIN
DRAINAGE EASEMENT
EROSION
FLOODPLAIN
GRADING
HYDRAULICS
HYDROLOGY
INTERMITTENT FLOW
LAND DISTURBANCE
NRCS
OUTFALL
PADEP
PEAK RATE OF RUNOFF (OR DISCHARGE)
PERFORMANCE STANDARD
POINT OF INTEREST
PREAPPLICATION CONFERENCE
RATE OF RUNOFF
RUNOFF CHARACTERISTICS
SEDIMENT
SEDIMENTATION
STORM SEWER
STORMWATER COLLECTION/CONVEYANCE SYSTEM
STORMWATER MANAGEMENT PLAN
STORMWATER RUNOFF
STREAM
SUBAREA
SWALE
WATERCOURSE (WATERWAY)
WATERSHED
WATERS OF THIS COMMONWEALTH
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
The Pennsylvania Municipalities Planning Code (Act of July
31, 1968, Act No. 247, as amended).[1]
A landowner or developer, as defined by this chapter, who
has filed an application for development, including his or her heirs,
successors and assigns.
A natural stream that conveys water; a ditch or open channel
excavated for the flow of water.
The Allegheny County Conservation District.
The magnitude of precipitation from a storm event measured
in probability of occurrence (e.g., twenty-five-year storm) and duration
(e.g., twenty-four-hour) and used in computing stormwater management
control systems and erosion and sedimentation control facilities.
Any activity, construction, alteration, change in land use
or similar action that affects stormwater runoff characteristics.
A lot, parcel or tract of land on which development is taking
place or is proposed.
The rate of flow, specifically fluid flow; a volume of fluid
flowing from a conduit or channel or being released from detention
storage, per unit of time; commonly expressed as cubic feet per second
(cfs), million gallons per day (mgd), gallons per minute (gpm) or
cubic meters per second (csm). See also "rate of runoff."
The interception and removal of excess surface water or groundwater
from land by artificial or natural means.
The contributing land area to a single drainage basin, expressed
in acres, square miles or other units of area; also called a "catchment
area," "watershed" or "river basin"; the land area served by a drainage
system or by a watercourse receiving stormwater and surface water,
also called "subarea."
The land area from which water is carried off by a drainage
system; also called a "watershed" or "catchment."
A right granted by a landowner to a grantee allowing the
use of private land for stormwater management purposes.
The natural process by which the surface of the land is worn
away by the action of water, wind or chemical action.
A normally dry land area adjacent to stream channels that
is susceptible to being inundated by overbank stream flows. For regulatory
purposes, the Pennsylvania Flood Plain Management Act (Act of October
4, 1978, P.L. 851, No. 166)[2] and regulations pursuant to the Act define the "floodplain"
as the area inundated by a one-hundred-year flood and delineated on
a map by FEMA (Federal Emergency Management Agency) or by the applicant
in accordance with Borough ordinance requirements.
Any stripping, excavating, cutting, filling or stockpiling
of earth or land, including the land in its cut or filled condition.
The branch of science concerned with the mechanics of fluids,
especially liquids; as applied in erosion and sedimentation control,
the study of the characteristics of water flow in and conveyance capacity
of a watercourse, considering such factors as depth, velocity and
turbulence.
The science dealing with the waters of the earth and their
distribution and circulation through the atmosphere. "Engineering
hydrology" deals with the application of hydrologic concepts to the
design of projects for use and control of water.
Flow that starts and stops again at different intervals.
Any activity involving grading, tilling, digging or filling
or stripping of vegetation or another activity which causes land to
be exposed to the danger of erosion or changed water flow characteristics.
The Natural Resources Conservation Service, United States
Department of Agriculture.
Points or areas at which stormwater runoff leaves streams,
storm sewers, swales or other well-defined natural or artificial drainage
features, as well as areas of dispersed overland flows within the
site and/or leaving the site.
The Pennsylvania Department of Environmental Protection.
The maximum rate of flow of water at a given point and time
resulting from a predetermined storm.
A standard which establishes an end result or outcome which
is to be achieved but does not prescribe specific means for achieving
it. A "specification standard," in contrast, is one which prescribes
the exact characteristic to be used, leaving little choice to the
applicant.
A point of hydraulic concern, such as a bridge, culvert or
channel section, for which the rate of runoff is computed or measured.
A meeting with the Borough prior to a formal application
submittal.
Instantaneous measurement of water flow expressed in a unit
of volume per unit of time, also referred to as "discharge"; usually
stated in cubic feet per second (cfs) or gallons per minute (gpm).
The surface components of any watershed which affect the
rate, amount and direction of stormwater runoff. These may include
but are not being limited to vegetation, soils, slopes and man-made
landscape alterations.
Solid material, both mineral and organic, that is in suspension,
is being transported or has been removed from its site or origin by
air, water, gravity or ice and has come to rest on the earth's
surface.
The process by which sediment is deposited on stream bottoms.
A sewer that carries intercepted surface runoff, street water
and other wash waters or drainage, but excludes domestic sewage and
industrial wastes.
Natural or engineered structures which collect and transport
stormwater through or from a drainage area to the point of final outlet,
including but not limited to any of the following: conduits and appurtenant
features, canals, channels, ditches, streams, culverts, streets and
pumping stations.
The plan for managing stormwater runoff from a specific development
site.
Waters resulting from snowmelt or precipitation within a
drainage basin, flowing over the surface of the ground, collected
in channels and conduits and carried by receiving streams.
A watercourse.
A portion of the watershed that has similar hydrological
characteristics and drains to a common point; also called a "drainage
area."
A low-lying stretch of land which gathers or carries surface
water runoff.
Any channel of conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
The entire region or area drained by a river or other body
of water, whether natural or artificial.
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.
A.
Erosion and sedimentation control plans shall be developed in accordance
with the Department of Environmental Protection Chapter 102 regulations.
A complete explanation of the regulations and recommendations for
preparing plans is available in DEP's publication, Erosion and
Sediment Pollution Control Program Manual. This manual is available
through the offices of the County Conservation District.
B.
The erosion and sedimentation plan details shall be in conformance
to the Borough of Dormont's standards of construction pertaining
to erosion and sedimentation control. The use of these standards shall
be in accordance with the standards set forth in DEP's publication,
Erosion and Sediment Pollution Control Program Manual. In addition,
if required by state law, a National Pollutant Discharge Elimination
System (NPDES) permit must be obtained prior to the issuance of a
grading permit.
A.
It is the
purpose of these regulations to prescribe the procedures by which
the administration of this chapter shall take place. Nothing contained
within this chapter shall be interpreted as limiting the adoption
of administrative regulations which do not supersede required stated
procedures.
B.
Applications
for approval of an erosion and sedimentation control plan under the
requirements of this chapter shall be made by completing all required
spaces on the standard application and tracking form (Appendix B[1]) and forwarding the form to the Allegheny County Conservation
District at the address shown. No grading permits will be issued by
the Borough of Dormont unless and until an approved erosion and sedimentation
control plan is received.
[1]
Editor's Note: Appendix B is on file in the Borough offices.
C.
The Borough
Council shall appoint a Zoning Officer who shall have the duty of
administering the provisions of this chapter. The Zoning Officer shall
have all the powers and duties conferred on him or her by this chapter
and the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
Fees for the review of the erosion and sedimentation control
plan that will be charged by the Allegheny County Conservation District
will be set by the Allegheny County Conservation District and set
by resolution for the Borough of Dormont. The application and tracking
form found in Appendix B[1] must be filled out, and a copy must be submitted to both
the County Conservation District and the Borough. The applicant must
determine the amount of the fee that will apply to his or her application.
Anyone requiring an explanation of district charges for plan reviews
should contact the district for such information.
[1]
Editor's Note: Appendix B is on file in the Borough offices.
A.
The Borough and the Allegheny County Conservation District are hereby
authorized and directed to conduct both routine and emergency site
inspections of ongoing earthmoving operations within the Borough boundaries
of the Borough of Dormont to establish compliance with the approved
erosion and sedimentation control plan.
B.
The Borough and the Allegheny County Conservation District are hereby
authorized to enforce a cease-in-work directive if the contractor
and/or owner has failed to adhere to the approved erosion and sedimentation
control plan.
A.
All violations of the approved erosion and sedimentation control
plan determined during a site inspection shall be listed on an inspection
report which itemizes the following items for each violation:
B.
The completed inspection report shall be signed by the inspector
and person responsible for the earthmoving activity (or a designated
representative) and a copy provided to the latter party.
Whenever a violation of this chapter occurs or is alleged to
have occurred, any person must file a written complaint stating fully
the causes and basis of the complaint with the Zoning Officer. The
Zoning Officer shall record the complaint immediately and investigate
it promptly and take any necessary action as provided by this chapter.
The Zoning Officer shall notify the complainant of the results of
his or her investigation and any action taken.
The enforcement notice shall contain the following information:
A.
The name of the owner of record and any other person against whom
the Borough intends to take action.
B.
The location of the property in violation.
C.
The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of this chapter.
D.
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
E.
That the recipient of the notice has the right to appeal to the Borough
of Dormont.
Should the person(s) responsible for undertaking the earthmoving
operations fail to meet the deadline for correcting violations of
this chapter as specified in the official inspection report, the Borough
of Dormont will issue a formal notice of violation to said person(s).
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding under the Pennsylvania Rules
of Criminal Procedure, be guilty of a summary offense and shall be
punishable by a fine of not less than $500 and not more than $1,000,
plus court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced and committed to the Borough correctional facility
for a period not exceeding 10 days or to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this chapter
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this chapter in equity in the Court of Common Pleas of Allegheny County.
In case any building, structure or land is or is proposed to
be erected, constructed, reconstructed, altered, converted, maintained
or used in violation of this chapter, the governing body or, with
the approval of the governing body, an officer of the Borough and
the County Conservation District's representative, in addition
to other remedies, may institute in the name of the municipality any
appropriate action or proceeding to prevent, restrain, correct or
abate such building, structure or land or to prevent in or about such
premises any act, conduct, business or use constituting a violation.
