[Ord. 457, 9/12/1973, § I]
This Part shall be known and may be cited as the "Borough of
Morton Erosion and Sediment Control Ordinance."
[Ord. 457, 9/12/1973, § II]
The purpose of this Part is to regulate the modification of
the natural terrain, the alteration of drainage, and the maintenance
of artificial structures and surfaces within the Borough of Morton
so as to assure and safeguard health, safety, terrain, ecology and
general welfare in the Borough of Morton.
[Ord. 457, 9/12/1973, § III]
1.
It shall be unlawful for any person, firm or corporation to pave
(except for single-family driveways), fill, strip, grade, or regrade
any land within the Borough of Morton without first securing a permit
as hereunder provided.
2.
It shall be unlawful for any person, firm or corporation to disturb,
modify, block, divert, or affect the natural overland or subsurface
flow of stormwater within the Borough of Morton without first securing
a permit as hereunder provided.
3.
It shall be unlawful for any person, firm or corporation to construct,
erect, or install any drainage dam, ditch, culvert, drain pipe, bridge
or any other structure or obstruction affecting the drainage of any
premises in the Borough of Morton without first securing a permit
as hereunder provided.
[Ord. 457, 9/12/1973, § IV; as amended by Ord.
731, 2/11/2015]
1.
Any person, firm or corporation, proposing to engage in an activity
requiring a permit hereunder shall apply for a permit by written application
on a form furnished by the Borough of Morton.
2.
The application for a permit shall be accompanied by a plan of the
property showing the location of all present and proposed ditches,
streams, pipes and other drainage structures, and proposed cuts or
fills. In addition, to showing present elevations and dimensions,
and location and extent of all proposed grading and/or drainage, the
plan shall clearly indicate all buildings, parking areas, and driveways.
Further, the plan shall indicate the present and proposed sources,
storage, and dispositions of water being channeled through or across
the premises, together with elevations, gradients, and maximum flow
rates. The application shall describe the work to be performed, the
materials to be sued, and the manner or method of performance including
provisions for protecting and maintaining existing drainage facilities
whether on public or private property. The applicant shall submit
with the application a detailed drainage study prepared by a registered
professional engineer. This drainage study shall include the following
information:
A.
The drainage area or area of runoff.
B.
The coefficient of surface runoff used. This coefficient of runoff
shall be determined in the following manner:
(1)
The coefficient of runoff used for all areas upstream of any
drainage structure shall be computed on the basis of the projected
land use shown on the latest revision of the "Future Land Use Plan"
contained in the Morton Borough Comprehensive Planning Study prepared
by the Morton Borough Planning Commission and adopted by the Borough
Council of the Borough of Morton.
C.
Storm intensity to be used shall be based upon twenty-five-year frequency
and the storm duration in the watershed under consideration. The minimum
one hour rainfall intensity used in computations shall be based upon
a one-hour rainfall of 2.4 inches.
D.
The time of concentration from point to point within a drainage system
shall equal the storm duration to be used in determining the rainfall
intensity in paragraph .C above.
E.
The roughness coefficient of a conduit or swale.
F.
Slope of conduit or swale.
G.
Velocity of flow through conduit or swale if load-bearing fill is
proposed, a soils investigation report shall be submitted which shall
consist of test borings, laboratory testings and engineering analysis
go correlate surface and sub-surface conditions with the proposed
grading plan. The results of the investigation shall be presented
in a report by a soil engineer which shall include: data regarding
the nature, distribution and supporting ability of existing soils
and rock on the site, conclusions and recommendations for grading
requirements and erosion control, and recommendations to insure stable
soil conditions and ground wager control as applicable. The Borough
may require such supplemental reports and data as it deems necessary.
Recommendations included in such reports and approved by the Borough
shall be incorporated in the plan or specifications.
3.
The application for a permit shall be accompanied by a fee in an
amount as established from time to time by resolution of Borough Council.
4.
All applicants for a permit involving an area greater than one acre
shall, before any permit is granted, post a bond with the Borough
of Morton, in the sum of at least $5,000 (the exact sum to be determined
by the Borough Engineer), with corporate surety to be approved by
the Borough Solicitor, the conditions of which shall be a full and
complete compliance with this Part and all germs of the permit.
[Ord. 457, 9/12/1973, § V]
Upon the submission of an application which conforms to the
provisions of this Part, the Borough Secretary, after consultation
with the Borough Engineer and Borough Council shall issue the necessary
permit.
[Ord. 457, 9/12/1973, § VI]
1.
Notwithstanding any provision of this Part or any condition of the
permit, the permittee is responsible for the prevention of damage
to other property, or personal injury, which may be affected by the
activity requiring a permit.
2.
No person, firm or corporation shall modify, fill, excavate, pave,
grade or regrade land in any manner so close go a property line as
to endanger or damage any adjoining street, sidewalk, alley, or any
other public or private property without supporting and protecting
such property from settling, cracking, erosion, sediment, or other
physical damage or personal injury which might result.
3.
No person, firm or corporation shall deposit or place any debris
or any other material whatsoever, or to cause such to be thrown or
placed, in any drainage ditch or drainage structure in such a manner
as to obstruct free flow.
4.
No person, firm or corporation shall fail to adequately maintain
in good operating order, any drainage facility on his premises. All
drainage ditches, culverts, drain pipes, and drainage structures shall
be kept open and free flowing at all times.
5.
The owner of any property on which any work has been done pursuant
to a permit granted under this Part shall continuously maintain and
repair all graded surfaces and anti-erosion devices, retaining walls,
drainage structures or means and other protective devices, plantings
and ground cover, installed or completed.
6.
All plans and specifications accompanying applications for permits
shall include provisions for both interim (temporary) and ultimate
(permanent) erosion and sediment control.
A.
The design, installation and maintenance of erosion and sediment
control measures shall be accomplished in accordance with guide lines
as may be established, from time to time, by Delaware County Soil
and Water Conservation District as adapted from standards and specifications
of the Soil Conservation Service, United States Department of Agriculture.
B.
All graded surfaces shall be seeded, sodded and/or planted or otherwise
protected from erosion as soon as practicable and shall be watered,
tended and maintained until growth is well established at time of
completion and final inspection. The disturbed area and duration of
exposure shall be kept to a practical minimum.
7.
Natural and/or existing slopes exceeding five horizontal to one vertical
shall be benched or continuously stepped into competent materials
prior to placing all classes of fill.
8.
Fills toeing out on natural slopes steeper than four horizontal to
one vertical shall not be made unless approved by the Borough after
receipt of a report, deemed acceptable by the Borough Engineer, by
a soils engineer certifying that he has investigated the property,
made soil tests and that in his opinion such steeper slopes will safely
support the proposed fill.
9.
All trees in area of extreme grade change shall be removed unless
protected with suitable tree wells. However, extreme precautions shall
be taken to prevent the unnecessary removal of trees.
10.
The following provisions apply to the carrying and disposal of stormwater
runoff:
A.
All drainage facilities shall be designed in the most practicable
fashion to carry surface water in such a manner as to prevent erosion
or overflow.
B.
The ponding of water shall not be permitted above cut or fill slopes
or on drainage terraces, nor shall water be impounded on adjacent
property.
C.
The applicant shall make adequate provisions to prevent any surface
waters from damaging the face of any excavation or fill. All slopes
shall be temporarily and permanently protected from surface water
runoff from above by interceptor and diversion berms, swales, brow
or berm ditches and shall be sodded, seeded and planted, unless the
Borough determines such treatment is unnecessary and specifically
waives this requirement.
D.
All drainage terraces, interceptor and diversion berms, swales and
brow or berm ditches shall be designed and constructed and, when required
by the Borough Engineer, shall be piped or paved or otherwise improved
to the satisfaction of the Borough.
11.
When required, adequate provisions shall be made for dust control
measures as are deemed acceptable by the Borough.
12.
When required, the applicant shall agree to the granting and recording
of easements for drainage facilities, including acceptance of the
discharge of water on the property of others, provisions for maintenance
of slopes and swales, and access for the maintenance of anti-erosion
facilities.
[Ord. 457, 9/12/1973, § VII]
1.
The applicant, in any activity requiring a permit, and which involves
10 or less single family residences, after commencing initial operation,
shall request, in writing, inspection by the Borough Engineer.
A.
Upon completion of stripping, the stockpiling of topsoil and disposal
of all unsuitable material but prior to beginning any other preparation
of the ground.
B.
Upon completion of preparation of ground to receive fill, but prior
to beginning any placement.
C.
Upon completion of rough grading, but prior to placing topsoil, permanent
drainage or other site development improvements and ground covers.
D.
Upon completion of final grading, permanent drainage and erosion
control facilities, including established ground covers and planting,
and all other work of the permit.
2.
The applicant, in all other cases other than that referred to in Subsection 1, after commencing initial operations shall request in writing, inspections, by the Borough Engineer, at the following stages in the development of the site, or of each subdivision thereof:
A.
Prior to commencement of grading operations to determine suitability
of all proposed fill materials.
B.
Upon completion of stripping, the stockpiling of topsoil and disposal
of all unsuitable material; but prior to beginning or any other preparation
of the ground.
C.
Upon completion of preparation of ground to receive fill, but prior
to beginning or placement, an inspection of proof rolling.
D.
Upon completion of structural fill placement such that the following
earthfill procedures are assured:
(1)
Prior to placing fill in any area, grading should be performed
as required to provide for drainage. Ditching or filling around the
area should be performed to intercept or divert all surface water.
Within the area on which fill is to be placed, the ground should be
graded so as to provide for unobstructed drainage from every point
to some disposal point.
(2)
The area should be closely examined to determine whether excessive
wetness, springs, or other seepage of water can be observed. If such
conditions exist, drainage must be provided before placement of fill
is undertaken.
(3)
When the fill area has been prepared as specified, the existing
ground surface should be compacted by the specified method for compacting
fill.
(4)
Fill should begin at the lowest section of the area. Fill should
be spread in six-inch layers prior to compaction. Each layer should
be approximately horizontal, but slight slopes can be permitted in
order to provide for surface water runoff.
(5)
Each layer of fill should be inspected prior to compaction.
All roots, vegetation, or debris should be removed. Stones larger
than six inches in diameter should be removed or broken. The moisture
content of each layer should be determined to be suitable for compaction.
(6)
The compaction of the fill should be done with a sheepsfoot
roller, rubber tired roller or a vibratory roller. Other compaction
equipment should be used only after it has demonstrated that satisfactory
results can be obtained with it.
(7)
Each layer of compacted fill should be tested to determine its
dry density as per ASTM D 1556. The density of each layer should not
be less than 95% of maximum dry density as determined by ASTM D 1557.
The moisture content of the compacted layer should be not more than
4% less, or 2% greater than the optimum moisture as determined by
ASTM D 1557.
(8)
Only when the compacted layer has been shown to be as specified,
should other layers of fill be placed above it.
(9)
Visual inspection of borrow material should be made periodically
to assure that no variation in the fill material has occurred.
E.
Upon completion of rough grading, but prior to placing topsoil, permanent
drainage or other site development improvements and ground covers.
F.
Upon completion of trench backfilling operations so that testing
can be performed as specified in Subsection 2D.
G.
Upon completion of final grading, permanent drainage and erosion
control facilities, including established ground covers and planting,
and all other work of the permit.
[Ord. 457, 9/12/1973, § VIII]
All applicants shall bear all costs of inspections required
hereunder and shall deposit with the Borough Treasurer such sums as
the Borough Council shall determine, to guarantee payment of the costs
of such inspections. The costs of inspections shall be at the rate
charged to the Borough by the Borough Engineer.
[Ord. 457, 9/12/1973, § IX; as added by Ord. 731,
2/11/2015]
1.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs together
with reasonable attorney fees and, in default of payment of said fine
and costs, to a term of imprisonment not to exceed 90 days. Each day
that a violation of this Part continues or each section of this Part
which shall be found to have been violated shall constitute a separate
offense.
2.
Remedies. In addition to the penalty set forth in Subsection 1, any movement of the landscape, vegetation, or any ground cover performed in violation of this Part shall be restored to its previous condition, including replacement of excavated earth, removal of illegally placed fill, and restoration of grades and planting. In order to enforce this Part the Borough Solicitor may seek injunctive relief in accordance with the Rules of Civil Procedure.
