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 Baldwin.
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 and proposed grading within the Borough of Baldwin
unless otherwise modified herein.
This chapter is adopted in accordance with the authority granted
to municipalities to regulate the earthmoving activities which accompany
land development by the Pennsylvania Municipalities Planning Code,
Act 247 of 1968, as amended (53 P.S. § 10101 et seq.).
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 Resources[1] Chapter 102 Erosion Control regulations. A copy of the erosion and sedimentation control plan must be available at the earthmoving site at all times.
[1]
Editor's Note: Now the state Department of Environmental Protection.
B.
Prior
to the approval of any grading plan permit by the Borough of Baldwin,
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
Resources earth disturbance permit for sites involving more than 25
acres of earthmoving.
The following terms and words are used in the Rules and Regulations of the Commonwealth of Pennsylvania, Title 25, Chapter 102, and shall have the following meanings for the purpose of the administering and enforcing of this chapter:
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/her heirs,
successors and assigns.
A natural stream that conveys water; 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., 24 hours) 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.
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); see
also "rate of runoff."
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 Floodplain 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.
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.
The Borough Engineer or a representative of the Borough as
appointed by the Borough or the Borough Engineer.
Flow that starts and stops again at different intervals.
A lot, parcel or tract of land on which development is taking
place or is proposed.
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.
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.
Pennsylvania Department of Environmental Resources.[3]
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.
Soil Conservation Service, United States Department of Agriculture.[4]
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.
The process by which sediment is deposited on stream bottoms.
A pipe, culvert or underground open channel 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. (Source: The Clean Streams Law.[5])
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: See 32 P.S. § 679.101 et seq.
[3]
Editor's Note: The PA DER was split into two and reorganized
by Act 1995-18. Now the Department of Environmental Protection, 71
P.S. § 510-1 or Department of Conservation and Natural Resources,
71 P.S. § 1340.301 et seq. For purposes of erosion and sediment
control, the PA DEP.
[4]
Editor's Note: Now the Natural Resources Conservation Service.
[5]
Editor's Note: See 35 P.S. § 691.1 et seq.
