[HISTORY: Adopted by the Borough Council of the Borough of Waynesboro 11-15-1978 by Ord. No. 835 (Ch. XXII, Part 2 of the 1970 Code). Amendments noted where applicable.]
General; definitions. Unless otherwise expressly stated, the following words shall, for the purposes of this chapter, have the meaning herein stated. Words in the singular number include the plural, and words in the plural number include the singular. Present tense includes the future. The word "building" shall be deemed to include the word "structure." The word "shall" is always mandatory.
- ACCELERATED EROSION
- The removal of surface materials by the action of natural elements caused by man's manipulation of the landscape.
- An excavation; the difference between a point on the original ground and a designated point of lower elevation on the final grade; also, the material removed in excavation.
- The Borough Engineer of the Borough of Waynesboro or his authorized designee.
- Any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom.
- An excavation by which material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom; the difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade; the materials used to make a fill.
- A nearly level area bordering streams that is subject to overflow.
- LAND DEVELOPMENT
- The improvement of one or more contiguous lots, tracts or parcels of land for any purpose involving (a) a group of two or more buildings, or (b) the division or allocation of land between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, building groups or other feature; a division of land into lots for the purpose of conveying such lots singly or in groups to any person, partnership or corporation for the purpose of erection of buildings by such person, partnership or corporation.
- QUALIFYING TRACT (100 CY)
- Any tract where 100 or more cubic yards of earth is moved or where soils remain unstable for a period of more than 20 days. This does not include tilling the soil for agricultural purposes.
- That portion of the rainfall that does not enter the soil but runs off the surface of the land.
- RUNOFF FROM A FULLY-DEVELOPED AREA UPSTREAM
- Runoff from a watershed that can be reasonably anticipated upon full development of the area, under prevailing zoning or the Borough Comprehensive Plan.
- The process by which mineral or organic matter is accumulated or deposited by moving wind or gravity. Once this matter is deposited (or remains suspended in water), it is usually referred to as "sediment."
- The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance.
- SOIL STABILIZATION
- Chemical or structural treatment of a mass of soil to increase or maintain its stability or otherwise improve its engineering properties. Examples are grass, paving by asphalt, concrete or stone, mulch, netting or similar approaches.
- The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development. Provided, however, that the division of land for agricultural purpose into parcels of more than 10 acres, not involving any new street or easement of access, shall be exempted.
- A gently sloped land depression with a gradient toward a stream that carries surface water during rain or snow melt.
- Surface soils and subsurface soils which presumably are fertile soils and soil material, ordinarily rich in organic matter or humus debris and used as a top dressing for home lots, grounds for large buildings, gardens and similar areas. Topsoil is usually found in the uppermost soil layer called the A Horizon.
- A permanent stream, intermittent stream; river; brook; creek; channel or ditch for water whether natural or man-made.
No changes shall be made in the contour of land, no grading, excavating or removal of soil on a qualifying tract shall be undertaken until such time that a plan for minimizing erosion and sedimentation has been prepared, submitted, reviewed and a zoning permit obtained from the Zoning Officer of the Borough. When it is deemed necessary by the Zoning Officer, the plan may be reviewed by the Franklin County Soil Conservation District. When the Zoning Officer deems that a formal plan is unnecessary to minimize the effects of erosion and sedimentation, he may waive this requirement. A permit shall be required even though a formal plan is not prepared.
No subdivision or land development plan shall be approved unless:
There has been an erosion and sedimentation control plan approved by the Borough Engineer that provides for minimizing erosion and sedimentation consistent with this section; or
There has been a determination by the Borough Engineer that a plan for minimizing erosion and sedimentation is not necessary.
Measures used to control erosion and reduce sedimentation shall as a minimum meet the erosion and sediment control standard and specifications as are contained in the "Franklin County, Pennsylvania, Erosion and Sediment Control Handbook," Volume II.
The following measures are effective in minimizing erosion and sedimentation and shall be included where applicable in the erosion and sedimentation control plan. All the factors to be considered are included, but not limited to, the following:
The erosion and sedimentation control plan shall not be designed to prevent accelerated erosion and sedimentation by incorporating the following measures and control facilities:
The topographic features of the project area (may be waived by Borough if not needed).
The types, depth, slope and area extent of the soils indicated on the plat plan or similar appropriate official map.
The proposed alteration to the area:
Stripping of vegetation, regrading, or other development shall be done in such a way that will minimize erosion.
Whenever feasible, natural desirable vegetation shall be retained, protected and supplemented.
Disturbed soils shall be stabilized as quickly as practicable.
Development plans shall preserve salient natural features, keep cut-fill operations to a minimum, and ensure conformity with topography so as to create the least erosion potential and adequately handle the volume and velocity of surface water runoff.
Provisions for runoff from the project area and the upstream watershed area:
Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. When necessary the rate of surface water runoff will be retarded to prevent sedimentation from being discharged into the waters of the commonwealth.
All upstream surface water shall be diverted around the project area where feasible.
The staging of earth-moving activities; in the disturbed area the duration of exposure shall be kept to a practical minimum.
Temporary control measures and facilities for use during earth-moving:
Permanent control measures and facilities for long-term protection:
The permanent final vegetation and structural erosion control and drainage measures shall be installed as soon as practical in the development.
A maintenance program shall be developed for the control facilities, including disposal of materials removed from the control facilities or project area.
In order to provide more suitable sites for building and other uses, improve surface drainage, and control erosion, the following requirements shall be met:
The location, grading and placement of subgrade (base) materials of all roads, streets and parking areas shall be accomplished as the first work done on a subdivision or development following curbing and underground utility installation. The wearing surface may be placed at the discretion of the subdivider as approved in the final plan.
All lots, tracts, or parcels shall be graded to provide positive drainage away from buildings.
All drainage provisions shall be of such design to adequately handle the surface runoff and carry it to the nearest suitable outlet such as a curbed street, storm drain, or natural watercourse. Where drainage swales are used to divert surface waters away from buildings, they shall be sodded or planted as required and shall be of such slope, shape and size as to conform with the requirements of the Borough.
Concentration of surface water runoff shall only be permitted in swales or watercourses and storm sewers.
Cut and fill slopes shall be not steeper than 2:1 unless stabilized by a retaining wall or cribbing except as approved by the Borough Engineer when handled under special conditions.
Provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills by installation of temporary or permanent drainage across or above these areas.
Excavations shall not endanger adjoining property.
Fill shall be placed and compacted so as to minimize sliding or erosion of the soil.
Fills shall not encroach on natural watercourses or constructed channels.
Fills placed adjacent to natural watercourses or constructed channels shall have suitable protection against erosion during periods of flooding.
Grading will not be done in such a way so as to divert water onto the property of another landowner without the expressed consent of the landowner.
During grading operations, necessary measures for dust control will be exercised.
Grading equipment will not be allowed to cross live streams. Provision will be made for the installation of temporary or permanent culverts or bridges.
Whenever sedimentation is caused by stripping vegetation, regrading or other development, it shall be the responsibility of the person, corporation or other entity causing such sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses and to repair any damage at his expense as quickly as possible.
Maintenance of all roads, streets, parking areas, drainage facilities and watercourses within any subdivision or land development is the responsibility of the developer until they are accepted by the Borough or some other official agency, after which they become the responsibility of the accepting agency.
It is the responsibility of any person, corporation, or other entity doing any act on or across a communal stream, watercourse or swale or upon the floodplain or right-of-way thereof, to maintain as nearly as possible in its present state the stream, watercourse, swale, floodplain or right-of-way during the pendency of the activity and to return it to its original or equal condition after such activity is completed.
Maintenance of drainage facilities or watercourses originating and completely on private property is the responsibility of the owner to their point of open discharge at the property line or at a communal watercourse within the property.
No person, corporation, or other entity shall block, impede the flow of, alter, construct any structure, or deposit any material or thing, or commit any act which will affect normal or flood flow in any communal stream or watercourse without having obtained prior approval from the Borough or Department of Environmental Protection, whichever is applicable.
Where a subdivision is traversed by a watercourse, the total development of the watercourse shall be considered. There shall be provided a drainage easement or right-of-way conforming substantially with the line of such watercourse, and of such width as will be adequate to preserve natural drainage.
Each person, corporation, or other entity which makes any surface changes shall be required to:
Collect on-site surface runoff and dispose of it to the point of discharge into the common natural watercourse of the drainage area.
Handle existing and potential off-site runoff through the development by designing to adequately handle storm runoff from a fully-developed area upstream.
Pay the proportionate share of the total cost of off-site improvements to the common natural watercourse, based on a fully-developed drainage area.
Provide and install at his or their expense, in accordance with Borough requirements, all drainage and erosion control improvements (temporary and permanent) as required by the Erosion and Sediment Control Plan.
The Erosion and Sediment Control Plan shall accompany or be a part of the preliminary plans of subdivision and land development in order for the Borough to consider the preliminary plan for review.
The installation and design of the required erosion and sediment control measures shall be in accordance with standards and specifications on file with the Borough, including:
Temporary Cover on Critical Areas, Specification No. 100.
Permanent Grass and Legume Cover on Critical Areas on Prepared Seedbed, Specification No. 101.
Permanent Grass and Legume Cover on Critical Areas on Unprepared Seedbed, Specification No. 102.
Sodding, Specification No. 103.
Mulching, Specification No. 104.
Temporary Diversion, Specification No. 105.
Permanent Diversion, Specification No. 106.
Grassed Waterway or Outlet, Specification No. 107.
Grade Stabilization Structure, Specification No. 108.
Debris Basin, Specification No. 109.
Drain, Specification No. 110.
Drainage-Main or Lateral, Specification No. 111
The approval of plans and specifications for the control of erosion and sedimentation shall be concurrent with the approval of the final plats of subdivision or land development, and become a part thereof.
A review shall be conducted by the official to insure conformance with the plan as approved. During the construction further consultive technical assistance will be furnished, if necessary, by the Borough official and/or the Franklin County Conservation District. During this development phase, the Borough Engineer shall inspect the development site and enforce compliance with the approved plans.
It shall be unlawful for any person to change the contour of the land, to grade, excavate, remove or destroy any topsoil, trees or other vegetative cover on a qualifying tract of land in violation of any of the provisions of this chapter or to cause, permit or suffer any such violation to be committed. Any person violating the provisions of this chapter or aiding or abetting or assisting in the violation of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $10 nor more than $100 together with the cost of prosecution for each offense and in default thereof shall undergo imprisonment for a period not to exceed 10 days; the same to be collected as fines and penalties are now collectable. Whenever any such person shall have been notified, in any official manner, that they have committed a violation of this chapter, each day's continuance of such violation, after such notification, shall constitute a separate offense punishable by a like fine or penalty.