[HISTORY: Adopted by the Borough Council of the Borough of
Eddystone 6-12-1989 by Ord. No. 527, approved 6-12-1989. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Borough
of Eddystone Grading, Drainage and Erosion Control of Land Ordinance."
The purpose of this chapter is to regulate the modification
of the natural terrain, the alteration of drainage and the maintenance
of artificial structures and surfaces within the Borough of Eddystone
so as to assure and safeguard the health, safety, morals and general
welfare of the citizens of the Borough of Eddystone.
A.
It shall be unlawful for any person, firm or corporation to pave,
fill, strip, grade or regrade any land within the Borough of Eddystone
without first securing a permit as hereunder provided.
B.
It shall be unlawful for any person, firm or corporation to disturb,
modify, block, divert or affect the natural overland or subsurface
flow of stormwater within the Borough of Eddystone without first securing
a permit as hereunder provided.
C.
It shall be unlawful for any person, firm or corporation to construct,
erect or install any drainage dam, ditch, culvert, drainpipe, bridge
or any other structure or obstruction affecting the drainage of any
premises in the Borough of Eddystone without first securing a permit
as hereunder provided.
A.
Any person, firm or corporation proposing to engage in an activity
requiring a permit shall apply for a permit by written application
on a form furnished by the Borough of Eddystone.
B.
The application for a permit shall be accompanied by a map or diagram
of the property showing the location of all present and proposed ditches,
streams, pipes and other drainage structures and cuts or fills. In
addition to showing elevations, dimensions, location and extent of
all proposed grading and/or drainage, the plans shall clearly indicate
all buildings, parking areas and driveways. Further, the application
shall indicate the present and proposed sources, storage and dispositions
of water being channeled through or across the premises, together
with elevation, gradients and maximum flow rates. The application
shall describe the work to be performed, the materials to be used
and the manner or method of performance, including provisions for
protecting and maintaining existing drainage facilities in the Borough
of Eddystone, whether on public or private property. If load-bearing
fill is proposed, a soils investigation report shall be submitted,
which shall consist of test borings, laboratory testings and engineering
analysis, to correlate surface and subsurface conditions with the
proposed rating plan. The results of the investigation shall be presented
in a report by a soil engineer, which shall include data regarding
the nature, distribution and supporting ability of existing soils
and rock on the site; conclusions and recommendations for grading
requirements and erosion control; and recommendations to ensure stable
soil conditions and groundwater control as applicable. The Borough
may require such supplemental reports and date as it deems necessary.
Recommendations included in such reports and approved by the Borough
shall be incorporated in the plan or specifications.
[Amended 12-10-1990 by Ord. No. 546, approved 12-10-1990; 7-12-1999 by Ord. No.
583, approved 7-12-1999]
The application for a permit to grade shall be accompanied by
a permit fee of $100 for the first acre of land. If more than one
acre is graded, as described in this chapter, an additional fee of
$35 per acre shall be charged for each acre graded in excess of the
first acre.
All applicants for a permit involving an area greater than 1/2
acre shall, before any permit is granted, post a bond with the Borough
of Eddystone in the sum of at least $10,000, the exact sum to be determined
by the Borough Engineer, with corporate surety to be approved by the
Borough Solicitor, the conditions of which shall be in full and complete
compliance with this chapter and all terms of the permit.
Upon the submission of an application which conforms to the
provisions of this chapter, the Borough Building Inspector, after
consultation with and approval of the Borough Engineer, shall issue
the necessary permit.
A.
Notwithstanding any provision of this chapter or any condition of
the permit, the permittee is responsible for the prevention of damage
to other property or personal injury, which may be effected by the
activity requiring a permit.
B.
No person, firm or corporation shall modify, fill, excavate or regrade
land in any manner so close to a property line as to endanger or damage
any adjoining public street, sidewalk, alley or any other public or
private property without supporting and protecting such property from
settling, cracking, erosion, sediment or other physical damage or
personal injury which might result.
C.
No person, firm or corporation shall fail to adequately maintain
in good operating order any drainage facility on his premises. All
drainage ditches, culverts, drainpipes and drainage structures shall
be kept open and free-flowing at all times.
D.
No person, firm or corporation shall deposit or place any debris
or any other material whatsoever or cause such to be thrown or placed
in any drainage ditch or drainage structure in such a manner as to
obstruct free flow.
E.
The owner of any property on which any work has been made pursuant
to a permit granted under the provisions of this section shall continuously
maintain and repair all graded surfaces and anti-erosion devices,
retaining walls, drainage structures or means and other protective
devices, plantings and ground cover installed or completed.
F.
All plans and specifications accompanying applications for permits
shall include provisions for both interim (temporary) and ultimate
(permanent) erosion and sediment control.
(1)
The design, installation and maintenance of erosion and sediment
control measures shall be accomplished in accordance with guidelines
as may be established from time to time by the United States Department
of Agriculture, Soil Conservation Service.
(2)
All graded surfaces shall be seeded, sodded and/or planted or otherwise
protected from erosion as soon as practicable and shall be watered,
tended and maintained until growth is well established at the time
of completion and final inspection.
G.
Natural and/or existing slopes exceeding five horizontal to one vertical
shall be benched or continuously stepped into competent materials
prior to placing all classes of fill.
H.
Fills toeing out on natural slopes steeper than four horizontal to
one vertical shall not be made unless approved by the Borough after
receipt of a report, deemed acceptable by the Borough Engineer, by
a soil engineer, certifying that he/she has investigated the property
and made soil tests and that, in his opinion, such steeper slopes
will safely support the proposed fill.
I.
All trees in areas of grade change shall be removed unless protected
with suitable tree wells.
J.
The following provisions apply to the carrying and disposal of stormwater
runoff:
(1)
All drainage facilities shall be designed in the most practicable
fashion to carry surface water in such a manner as to prevent erosion,
overflow or ponding.
(2)
The ponding of water shall not be permitted above cut or fill slopes
or on drainage terraces, nor shall water be impounded on adjacent
property. Adequate drainage facilities shall be provided to prevent
such ponding.
(3)
The applicant shall make adequate provisions to prevent any surface
waters from damaging the face of any excavation or fill. All slopes
shall be temporarily and permanently protected from surface water
runoff from above by interceptor and diversion berms, swales or brow
or berm ditches and shall be sodded, seeded and planted, unless the
Borough determines that such treatment is unnecessary and specifically
waives this requirement.
(4)
All drainage terraces, interceptor and diversion berms, swales and
brow or berm ditches shall be designed and constructed and, when required
by the Borough Engineer, shall be piped or paved or otherwise improved
to the satisfaction of the Borough.
K.
When required, adequate provisions shall be made for dust control
measures as are deemed acceptable by the Borough.
L.
When required, the applicant shall agree to the granting and recording
of easements for drainage facilities, including acceptance of the
discharge of water on the property of others, provisions for maintenance
of slopes and swales and access for the maintenance of anti-erosion
facilities.
A.
The applicant, in any activity requiring a permit and which involves
10 or fewer single-family residences, after commencing initial operation,
shall request inspection by the Borough Engineer:
(1)
Upon completion of stripping, the stockpiling of topsoil and disposal
of all unsuitable material but prior to beginning any other preparation
of the ground.
(2)
Upon completion of the preparation of the ground to receive fill
but prior to beginning any placement.
(3)
Upon completion of rough grading but prior to placing topsoil, permanent
drainage or other site development improvements and ground covers.
(4)
Upon completion of final grading, permanent drainage and erosion
control facilities, including established ground covers and planting
and all other work of the permit.
B.
The applicant, in all cases other than those referred to in Subsection A above, after commencing initial operations, shall request inspections by the Borough Engineer at the following stages in the development of the site or of each subdivision thereof:
(1)
Prior to commencement of grading operations to determine suitability
of all proposed fill materials.
(2)
Upon completion of stripping, the stockpiling of topsoil and disposal
of all unsuitable material but prior to the beginning of any other
preparation of the ground.
(3)
Upon completion of the preparation of the ground to receive fill
but prior to beginning or placement, an inspection of proof rolling.
(4)
Upon completion of structural fill placement, such that the following
earthfill procedures are assured:
(a)
Prior to placing fill in any area, grading should be performed
as required to provide for drainage. Ditching or filling around the
area should be performed to intercept or divert all surface water.
Within the area on which fill is to be placed, the ground should be
graded so as to provide for unobstructed drainage from every point
to some disposal point.
(b)
The area should be closely examined to determine whether excessive
wetness, springs or other seepage of water can be observed. If such
conditions exist, drainage must be provided before placement of fill
is undertaken.
(c)
When the fill area has been prepared as specified, the existing
ground surface should be compacted by the specified method for compacting
fill.
(d)
Fill should begin at the lowest section of the area. Fill should
be spread in six-inch layers prior to compaction. Each layer should
be approximately horizontal, but small slopes can be permitted in
order to provide for surface water runoff.
(e)
Each layer of fill should be inspected prior to compaction.
All roots, vegetation or debris should be removed. Stones larger than
six inches in diameter should removed or broken. The moisture content
of each layer should be determined to be suitable for compaction.
(f)
The compaction of the fill should be done with a sheepsfoot
roller, rubber-tired roller or a vibratory roller. Other compaction
equipment should be used only after it has been demonstrated that
satisfactory results can be obtained with it.
(g)
Each layer of compacted fill should be tested to determine its
dry density as per ASTM D1556. The density of each layer should be
not less than 95% of maximum dry density as determined by ASTM D1557.
The moisture content of the compacted layer should be not more than
4% less or 2% greater than the optimum moisture as determined by ASTM
D1557.
(h)
Only when the compacted layer has been shown to be as specified
should other layers of fill be placed above it.
(i)
Visual inspection of borrow material should be made periodically
to assure that no variation in the fill material has occurred.
(5)
Upon completion of rough grading but prior to placing topsoil, permanent
drainage or other site development improvements and ground covers.
(6)
Upon completion of trench backfilling operations so that testing can be performed as specified in Subsection B(4)(g) above.
(7)
Upon completion of final grading, permanent drainage and erosion
control facilities, including established ground covers and planting,
and all other work of the permit.
All applicants shall bear all costs of inspections required
hereunder and if deemed necessary by the Borough Building Inspector,
shall deposit with the Borough Secretary such sum as the Borough Council
shall determine to guarantee payment of the costs of such inspections.
The costs of inspections shall be at the rate charged to the Borough
by the Borough Engineer.
All activities and uses shall comply with the standards and
criteria of the Ridley Creek Stormwater Management Plan, as regulated
by the Ridley Creek Stormwater Management Ordinance as now in effect
or later amended or adopted.
Any person, firm or corporation violating any provision of this
chapter shall, upon summary conviction before any District Justice,
be sentenced to pay a fine not exceeding $500 and costs of prosecution,
and in default of payment of the fine and cost, the violator may be
sentenced to the county jail for a term of not more than 30 days.
Each and every day in which any person, firm or corporation shall
be in violation of this chapter shall constitute a separate offense.
