[Ord. 995, 12/10/2003]
This Part shall be known and may be cited as the "Soil Erosion,
Sedimentation and Grading Control Ordinance," implementing Title 25,
Rules and Regulations, Part I, Commonwealth of Pennsylvania, Department
of Environmental Protection, Subpart C, Protection of Natural Protection,
Article II, Water Protection, Chapter 102, "Erosion Control."
[Ord. 995, 12/10/2003]
The purposes of this Part are to regulate the modification of
the natural terrain, the alteration of drainage, and to provide for
certain erosion and sediment control measures within the Borough to
assure and safeguard health, safety, ecology and the general welfare
in the Borough.
[Ord. 995, 12/10/2003]
From and after the effective date of this Part, any subdivision and/or land development approved under the Subdivision and Land Development [Chapter
22] or Zoning Ordinances [Chapter
27], or activity qualified under §§
9-105 and
9-106, herein shall be in conformity with this Part. In the event of a conflict between this Part and floodplain regulations, the floodplain regulations shall take precedence.
[Ord. 995, 12/10/2003]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
ALLUVIAL SOILS
An agonal great group of soils, developed from transported
and relatively recently deposited material (alluvium), characterized
by a weak modification (or none) of the original material by soil-forming
processes.
CUT AND/OR FILL
Process of earthmoving by excavating part of an area and/or
using excavated material for embankments or fill areas.
EROSION
A.
The wearing away of the land surface by running water, wind,
ice, chemical or other geological agents.
B.
Detachment and movement of soil or rock fragments by water,
wind, ice, or gravity.
GRADE
A.
The slope of a road, channel, or natural ground.
B.
The finished surface of a canal bed, roadbed, top of embankment,
or bottom of excavation; any surface prepared for the support of construction
like paving or laying a conduit.
C.
To finish the surface of a canal bed, roadbed, top of embankment,
or bottom of excavation.
RUNOFF (HYDRAULICS)
That portion of the precipitation on a drainage area or watershed
that is discharged from the are in stream channels; types include
surface runoff, groundwater runoff, or seepage.
SEDIMENT
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water, gravity, or ice and has come to rest on the earth's
surface either above or below sea level.
SLOPE
Degree of deviation of a surface from the horizontal usually
expressed in percent or degrees.
SOIL DRAINAGE
A condition of the soil, referring to the frequency and duration
of periods when the soil is free of saturation.
WATERCOURSE
A natural drainage route or channel for the flow of water.
[Ord. 995, 12/10/2003]
Upon the approval of the plan by the Borough Engineer, the Code
Official/Building Inspector shall issue the necessary grading permit.
[Ord. 995, 12/10/2003]
Permittees shall bear all costs of inspections required or permitted
hereunder and shall deposit with the Borough such sum as the Borough
Council shall determine, to guarantee payment of the costs of such
inspections. The costs of inspections shall be in accordance with
the established schedule of fees and collection procedure for matters
pertaining to this Part.
[Ord. 995, 12/10/2003]
The fee for a grading permit shall be established from time
to time by Resolution of Borough Council.
[Ord. 995, 12/10/2003]
In addition to the penalties as set forth in §
9-116, 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 section the Borough Solicitor may seek injunctive relief in accordance with the Rules of Civil Procedure.
[Ord. 995, 12/10/2003]
Any person directly affected by a decision of the Borough Code Official/Building Inspector or Borough Engineer or a notice or order issued under this Part shall have the right to appeal to the Board of Appeals established under Part
1 of Chapter
5 of the Code of Ordinances of the Borough of Aspinwall, Building Code, provided that a written application for an appeal is filed within 10 days after receipt of said decision, notice or order, along with payment of an appeal hearing fee in an amount set from time to time by resolution of Borough Council. An application for appeal shall be based on a claim that the true intent of this Part or the rules legally adopted hereunder has been incorrectly interpreted, the provisions of this Part do not fully apply, or the requirements of this Part are adequately satisfied by other means.
[Ord. 995, 12/10/2003]
All appeals under this Part shall proceed under the regulations and procedures established under Part
1 of Chapter
5 of the Code of Ordinances of the Borough of Aspinwall, Building Code.