[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.]
A.
ACCELERATED EROSION
CUT
ENGINEER
EXCAVATION
FILL
FLOODPLAIN
LAND DEVELOPMENT
QUALIFYING TRACT (100 CY)
RUNOFF
RUNOFF FROM A FULLY-DEVELOPED AREA UPSTREAM
SEDIMENTATION
SLOPE
SOIL STABILIZATION
SUBDIVISION
SWALE
TOPSOIL
WATERCOURSE
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.
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.
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.
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 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.
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.
B.
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.
C.
No subdivision or land development plan shall be approved
unless:
(1)
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
(2)
There has been a determination by the Borough Engineer
that a plan for minimizing erosion and sedimentation is not necessary.
D.
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:
A.
The erosion and sedimentation control plan shall not
be designed to prevent accelerated erosion and sedimentation by incorporating
the following measures and control facilities:
(1)
The topographic features of the project area (may be
waived by Borough if not needed).
(2)
The types, depth, slope and area extent of the soils
indicated on the plat plan or similar appropriate official map.
(3)
The proposed alteration to the area:
(a)
Stripping of vegetation, regrading, or other development
shall be done in such a way that will minimize erosion.
(b)
Whenever feasible, natural desirable vegetation shall
be retained, protected and supplemented.
(c)
Disturbed soils shall be stabilized as quickly as practicable.
(d)
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.
(4)
Provisions for runoff from the project area and the upstream
watershed area:
(a)
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.
(b)
All upstream surface water shall be diverted around the
project area where feasible.
(5)
The staging of earth-moving activities; in the disturbed
area the duration of exposure shall be kept to a practical minimum.
(6)
Temporary control measures and facilities for use during
earth-moving:
(7)
Permanent control measures and facilities for long-term
protection:
(a)
The permanent final vegetation and structural erosion
control and drainage measures shall be installed as soon as practical in the
development.
(8)
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:
A.
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.
B.
All lots, tracts, or parcels shall be graded to provide
positive drainage away from buildings.
C.
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.
D.
Concentration of surface water runoff shall only be permitted
in swales or watercourses and storm sewers.
E.
Excavations.
(1)
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.
(2)
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.
(3)
Excavations shall not endanger adjoining property.
(4)
Fill shall be placed and compacted so as to minimize
sliding or erosion of the soil.
(5)
Fills shall not encroach on natural watercourses or constructed
channels.
(6)
Fills placed adjacent to natural watercourses or constructed
channels shall have suitable protection against erosion during periods of
flooding.
(7)
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.
(8)
During grading operations, necessary measures for dust
control will be exercised.
(9)
Grading equipment will not be allowed to cross live streams.
Provision will be made for the installation of temporary or permanent culverts
or bridges.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
Each person, corporation, or other entity which makes
any surface changes shall be required to:
(1)
Collect on-site surface runoff and dispose of it to the
point of discharge into the common natural watercourse of the drainage area.
(2)
Handle existing and potential off-site runoff through
the development by designing to adequately handle storm runoff from a fully-developed
area upstream.
(3)
Pay the proportionate share of the total cost of off-site
improvements to the common natural watercourse, based on a fully-developed
drainage area.
(4)
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.
A.
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.
C.
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:
(1)
Temporary Cover on Critical Areas, Specification No.
100.
(2)
Permanent Grass and Legume Cover on Critical Areas on
Prepared Seedbed, Specification No. 101.
(3)
Permanent Grass and Legume Cover on Critical Areas on
Unprepared Seedbed, Specification No. 102.
(4)
Sodding, Specification No. 103.
(5)
Mulching, Specification No. 104.
(6)
Temporary Diversion, Specification No. 105.
(7)
Permanent Diversion, Specification No. 106.
(8)
Grassed Waterway or Outlet, Specification No. 107.
(9)
Grade Stabilization Structure, Specification No. 108.
(10)
Debris Basin, Specification No. 109.
(11)
Drain, Specification No. 110.
(12)
Drainage-Main or Lateral, Specification No. 111
D.
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.
E.
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.
