[HISTORY: Adopted by the Council of the Municipality of Murrysville 5-3-2001 by Ord. No. 566-01. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 96.
Roads and streets construction standards — See Ch. 97.
Drainage — See Ch. 102.
Grading, excavations and filling — See Ch. 124.
Stormwater management — See Ch. 198.
Subdivision and land development — See Ch. 201.
Zoning — See Ch. 220.
The purpose and intent of erosion and sedimentation control within the Municipality of Murrysville is:
A. 
To complement and enhance the processes and the reviews of erosion and sedimentation control plans by the Westmoreland County Conservation District.
B. 
To maintain the predevelopment water balance in watersheds and subwatersheds containing natural waterways and sensitive streams within the Municipality and to work to restore natural hydrologic regimes wherever possible throughout the stream system.
C. 
To prevent significant increases in surface runoff volumes, thereby worsening flooding downstream in the watershed, enlarging floodplains, eroding stream banks and creating other flood-related, health, welfare, and property losses.
D. 
To maintain predevelopment peak rates of runoff, site by site, so as not to worsen flooding at adjacent downstream sites and to work to restore runoff rates to predevelopment levels.
E. 
To minimize nonpoint source pollutant loadings to groundwater and surface waters throughout the Municipality.
F. 
To impose strict requirements on all land disturbing activities that create accelerated erosion or the danger of accelerated erosion and to require planning and implementation of effective erosion and sedimentation control measures.
G. 
It is not the intent of this chapter to absolve the applicant/developer/owner or any others from acquiring erosion and sedimentation control plan approval from the Westmoreland County Conservation District. Final plan approval remains contingent upon approval by the Conservation District.
A. 
The Municipality of Murrysville is empowered to regulate land use activities that affect stormwater runoff by the authority of the Pennsylvania Municipalities Planning Code, Act 247 of 1968,[1] as amended, and Pennsylvania's Stormwater Management Act 167 of 1978.[2]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: See 32 P.S. § 680.1 et seq.
B. 
Stormwater management shall comply with Chapter 198, Stormwater Management, of the Murrysville Code.
C. 
The Pennsylvania Department of Environmental Protection Chapter 102 regulations (as authorized under the Clean Streams Law[3]) governs general erosion and sedimentation control requirements.
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.
D. 
The Westmoreland County Conservation District, as stated in the Code, must approve an erosion and sedimentation control plan.
A. 
These regulations apply to activities governed by the Municipality of Murrysville subdivision and land development ordinances[1] for earthmoving and land disturbance activities and for the construction of separate or additional impervious or semipervious surfaces including roads, driveways, parking lots, buildings or additions to buildings, etc., involving earthmoving and land disturbance activities where the following apply:
(1) 
For earth disturbing activities other than agricultural plowing or tilling, the implementation and maintenance of erosion and sedimentation control BMPs are required to minimize the potential for accelerated erosion and sedimentation, including those activities which disturb less than 5,000 square feet.
(2) 
For earth disturbing activities other than agricultural plowing or tilling activities that disturb 5,000 square feet or greater a written erosion and sedimentation control plan is required and shall be designed to minimize the potential for accelerated erosion and sedimentation.
(3) 
For any earth disturbing activity where, because of its proximity to existing drainage features or patterns, it has the potential to discharge to a water classified as a high quality or exceptional value water pursuant to Title 25 (Clean Streams Law), and Chapter 93 (relating to water quality standards) a written erosion and sedimentation control plan is required and shall be designed to minimize the potential for accelerated erosion and sedimentation.
[1]
Editor's Note: See Ch. 201, Subdivision and Land Development.
B. 
No land or waterway shall be used or modified, no earth shall be disturbed, stripped or moved and no structure or other impervious surface shall be built or extended without full compliance with the terms of this chapter and other applicable regulations.
C. 
Applicant/developer/owner must comply with all the requirements of the Commonwealth of Pennsylvania, Title 25 (Clean Streams Law) and Chapter 102 (Erosion and Sediment Control). The applicant/developer/owner must also obtain any other permits, which may be required by federal, state, county or municipal law or ordinance.
Approvals issued/actions taken pursuant to this chapter do not relieve the applicant/developer/owner of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act or ordinance. To the extent that this chapter is more rigorous in terms of the standards applied to erosion and sedimentation control, the specific erosion and sedimentation control standards and design criteria contained in this chapter are to be followed.
As used in this chapter, the following terms shall have the meanings 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.
AGRICULTURAL PLOWING OR TILLING ACTIVITY
Earth disturbance activity involving the preparation and maintenance of soil for the production of agricultural crops.
BMPs (BEST MANAGEMENT PRACTICES)
Activities, facilities, measures or procedures used to minimize accelerated erosion and sedimentation to protect, maintain, reclaim and restore the quality of waters and the existing and designated uses of waters within the Municipality and commonwealth.
COMMONWEALTH
The Commonwealth of Pennsylvania.
CONSERVATION PLAN
A plan that identifies conservation practices and includes site-specific BMPs that minimize the potential for accelerated erosion and sediment from agricultural plowing or tilling activities. The conservation plan shall include a schedule for the implementation of the BMPs.
DEPARTMENT
The Pennsylvania Department of Environmental Protection.
DISTURBED AREA
Unstabilized land area where an earth disturbance activity is occurring or has occurred.
EARTH DISTURBANCE ACTIVITY
A construction or other human activity which disturbs the surface of the land, but not limited to, clearing and grubbing, grading, excavations, embankments, land development, agricultural plowing or tilling, timber harvesting activities, road maintenance activities, mineral extraction and the moving, depositing, stockpiling or storing of soil, rock or earth materials.
EROSION
The natural process by which the surface of the land is worn away by water, wind or chemical action.
EROSION AND SEDIMENT CONTROL PERMIT
A permit administered by the Department that is required for earth disturbance activities of 25 acres or more where the earth disturbance is associated with timber harvesting or road maintenance activities.
EROSION AND SEDIMENT CONTROL PLAN
A site-specific plan identifying BMPs to minimize accelerated erosion and sedimentation. For agricultural plowing or tilling activities, the erosion and sediment control plan is that portion of a conservation plan identifying BMPs to minimize accelerated erosion and sedimentation.
MUNICIPAL ENGINEER
The duly appointed representative of the Municipality of Murrysville.
MUNICIPALITY
The Municipality of Murrysville.
NOI (NOTICE OF INTENT)
A request, on a form provided by the Department or the Westmoreland County Conservation District, for coverage under a general NPDES permit for stormwater discharges associated with construction activities.
NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM)
The national system for the issuance of permits under Section 402 of the Federal Clean Water Act, including a state or interstate program which has been approved in whole or in part by the EPA.
NPDES PERMIT FOR STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITIES
A permit administered by the Department that is required for the discharge or potential discharge of stormwater into waters of the commonwealth from construction activities, including clearing and grubbing, grading and excavation activities involving five acres or more of earth disturbance or an earth disturbance on any portion, part or during any stage of a larger common plan of development or sale that involves five acres or more of earth disturbance over the life of the project.
OPERATOR
A person who has one or more of the following:
A. 
Oversight responsibility of earth disturbance activity on a project site or a portion thereof which has the ability to make modifications to the erosion and sediment control plan or site specifications.
B. 
Day-to-day operational control over earth disturbance activity on a project site or a portion thereof to ensure compliance with the erosion and sediment control plan.
ROAD MAINTENANCE ACTIVITIES
Earth disturbance activities within the existing road cross section, such as grading and repairing existing unpaved road surfaces, cutting road banks, cleaning or clearing drainage ditches and other similar activities.
SEDIMENT
Soils or other materials transported by surface water as a product of erosion.
SEDIMENTATION
The action or process of forming or depositing sediment in waters of the commonwealth.
TIMBER HARVESTING ACTIVITIES
Earth disturbance activities including the construction of skid trails, logging roads, landing areas and other similar logging or silvicultural practices.
WATERS OF THE COMMONWEALTH
Rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs and other bodies or channels of conveyance of surface and underground water or parts thereof, whether natural or artificial, within or on the boundaries of the commonwealth.
ZONING HEARING BOARD
The Board members duly appointed by the Municipality of Murrysville.
ZONING OFFICER
The Zoning Officer or his authorized representative appointed by the Municipality of Murrysville.
The following performance standards shall be followed for earthmoving and land disturbing activities as defined in § 197-3 of this chapter:
A. 
Stormwater management. Stormwater management shall be in accordance with Chapter 198, Stormwater Management, of the Murrysville Code.
B. 
Erosion and sedimentation control BMPs. For earth disturbance activities where the potential for accelerated erosion and sedimentation exists, the implementation and maintenance of erosion and sedimentation control BMPs are required and shall be in accordance with the Pennsylvania Department of Environmental Protection Chapter 102 regulations.
C. 
Erosion and sedimentation control plans. All erosion and sedimentation control plans shall be in accordance with the Pennsylvania Department of Environmental Protection Chapter 102 regulations (as authorized under the Clean Streams Law) that governs general erosion and sedimentation control requirements and shall meet the requirements of Chapter 102. All erosion and sedimentation control plans must be properly designed, implemented and available on site for all earth disturbance activities and shall include the following:
(1) 
The erosion and sedimentation control plan must show how land and water resources are to be protected against accelerated erosion through the use of BMPs.
(2) 
The erosion and sedimentation control plan must show the site, location of BMPs and the timing and sequence of their installation for maximum effectiveness.
D. 
National pollutant discharge elimination system permits. Projects which disturb five or more acres of land (except for agricultural plowing or tilling, timber harvesting and road maintenance activities) must obtain a national pollutant discharge elimination system (NPDES) permit for stormwater discharges associated with construction activities before beginning any earth disturbance activity.
E. 
Timber harvesting. Timber harvesting activities that disturb five acres or more of land including haul roads, skid trails and landing areas and road maintenance activities must obtain an erosion and sediment control permit. Activities disturbing less than five acres shall still require the development of an erosion and sedimentation control plan, which specifies the implementation and maintenance of BMPs.
F. 
Agricultural plowing or tilling. Agricultural plowing or tilling activities are exempt from the requirements of this chapter, but still require compliance with the requirements of the Commonwealth of Pennsylvania Chapter 102 (Erosion and Sediment Control), which are administered by the Westmoreland County Conservation District.
A. 
General responsibilities. The erosion and sedimentation control facilities shall be the responsibility of the applicant/developer/owner for their proper maintenance during all phases of development. A maintenance plan shall be prepared for review and approval by the Municipal Engineer.
B. 
Erosion and sedimentation control facilities that are located on an individual lot are the responsibility of the applicant/developer/owner to maintain. As with nonindividual lot situations, an erosion and sedimentation control plan must be prepared, including a maintenance plan which shall include:
(1) 
Any obligations concerning perpetuation of natural drainage or infiltration facilities and/or the maintenance of facilities constructed by applicant/developer/owner under terms of a building permit (berms, rock sump pits, roof collection, etc.).
(2) 
Assurances that no action will be taken by the occupant to disrupt or in any way impair the effectiveness of any erosion and sedimentation control facility.
C. 
Failure of the applicant/developer/owner or any other person, individual lot owner or private entity to properly maintain any erosion and sedimentation control facility shall be construed to be a violation of this chapter and is declared to be a public nuisance.
D. 
All land disturbance work shall be performed in accordance with an inspection and construction schedule approved by the Municipal Engineer as part of the erosion and sedimentation control plan. The Municipal Engineer shall be consulted for guidance regarding the timing and other details of necessary inspections. No work shall proceed to a subsequent phase, including the issuance of a certificate of occupancy, until inspected and approved by the Municipal Engineer, who shall then file a report thereon with the Municipality.
If the Municipality determines at any time that stipulated temporary erosion and sedimentation control measures have been eliminated, altered or improperly maintained, the applicant/developer/owner or any others, shall be advised of corrective measures required within a period of time set by the Municipal Engineer. If such measures are not taken by the applicant/developer/owner or any others, the Municipality may cause the work to be done and lien all costs against the property.
A. 
Inspection fees for activities associated with § 197-7D of this chapter shall be paid according to the provisions of the Code.
B. 
If actual time required by either the Municipal Engineer or Solicitor will exceed the deposited amount, the Municipality shall render to the applicant/developer/owner or any others a preliminary statement of time expended and shall require an additional deposit to complete reviews. Such required additional amounts must be deposited with the Municipality prior to approval of the erosion and sedimentation control plan.
Where proposed land disturbance activities are related to a subdivision or land development, the applicant/developer/owner or any others shall be subject to the requirements for a performance guarantee that is specified in the Code.
Any activity conducted pursuant to a comprehensive erosion and sedimentation control plan approved by the Westmoreland County Conservation District and/or the Municipality shall be performed in strict compliance with the provisions of that plan. Violations shall be treated in the following manner:
A. 
Any noncompliance with the provisions of the erosion and sedimentation control plan that is identified by the Municipal Engineer or Zoning Officer in the course of inspections as specified in this chapter shall be remedied by the applicant/developer/owner or any others according to the terms in this chapter.
B. 
If at any time the work does not conform to the erosion and sedimentation control plan, including all conditions and specifications and modifications thereof, a written notice to comply shall be given to the applicant/developer/owner or any others. Such notice shall set forth the nature of corrections required and the time within which corrections shall be made. Upon failure to comply within the time specified, the applicant/developer/owner or any others shall be considered in violation of this chapter and the Municipality shall issue a stop-work order on all work on the site, including any building or other construction, until corrections are made. If corrections are not undertaken within a specified time or the applicant/developer/owner or any others violate the stop-work order, penalties shall be imposed in accordance with § 197-12 of this chapter.
Anyone violating the terms of this chapter shall be guilty of a summary offense and, upon conviction, shall be subject to a fine or penalty of not more than $500 for each and every violation. Each day that the violation continues after proper notification shall be a separate offense. In addition thereto, the Municipality may institute injunctive, mandamus or any other appropriate action or proceeding at law or equity for the enforcement of this chapter or to correct violations of this chapter and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions or mandamus or other appropriate forms of remedy or relief.