[HISTORY: Adopted by the Borough Council of the Borough of Harveys
Lake 1-18-2000 by Ord. No. 1-2000. Amendments
noted where applicable.]
A.
The Harveys Lake Borough Council has found that:
(1)
Inadequate management of accelerated runoff of stormwater
resulting from development throughout a watershed increases flood flows and
velocities, and lack of proper wetland conservation throughout a watershed
contributes to accelerated erosion and sedimentation, overtaxes the carrying
capacity of streams and storm sewers, greatly increases the cost of public
facilities to carry and control stormwater, undermines floodplain management
and flood control efforts in downstream communities, reduces groundwater exchange,
and threatens public health and safety.
(2)
A comprehensive program of stormwater management and
wetland conservation, including reasonable regulation of development and activities
causing accelerated erosion and sediment pollution, is fundamental to the
public health, safety and welfare and the protection of the people of the
municipality and all the people of the commonwealth, their resources and environment.
B.
The purpose of this chapter is to promote the public health, safety, and welfare by minimizing the damages described in Subsection A(1) by provisions designed to:
(1)
Control accelerated runoff, erosion and sediment pollution
problems at its source by regulating activities which cause such problems.
(2)
Utilize and preserve the desirable existing natural drainage
systems.
(3)
Encourage recharge of groundwaters.
(4)
Maintain the existing flows, quality, and integrity of
wetlands, streams and watercourses in the municipality and the commonwealth.
(5)
Preserve and restore the flood-carrying capacity of streams.
(6)
Provide for proper maintenance of the permanent stormwater
management controls and structures which are constructed in the municipality.
A.
This chapter shall apply to permanent and temporary stormwater
management controls and facilities constructed as part of any of the activities
listed in this section.
B.
This chapter contains only minimum stormwater runoff
control criteria and standards, which are necessary or desirable from a total
watershed perspective. Additional stormwater management design criteria (i.e.,
inlet spacing, inlet type, collection system details, etc.) which represent
sound engineering practice may be regulated either by separate stormwater
ordinance provisions or as part of the general responsibilities of the municipal
engineer.
C.
The following activities are included within the scope
of this chapter.
(1)
Land development.
(2)
Subdivision.
(4)
Construction and new or additional impervious or semi-pervious
surfaces (driveways, parking lots, etc.).
(5)
Construction of new buildings or additions to existing
building.
(6)
Forest management operations.
(7)
Nursery operations.
(8)
Diversion or piping of any natural or man-made channel.
(9)
Installation of stormwater controls and facilities or
appurtenances thereto.
(10)
Mining operations.
(11)
Agricultural operations.
(12)
Land development involving wetlands.
D.
All proposed construction, grading, excavation or any
form of earthmoving activities shall provide for both temporary and permanent
erosion and sedimentation facilities in conformance with the April 1990 edition
of the Erosion and Sedimentation Pollution Control Program Manual, as published
by the Bureau of Soils and Water Conservation, Pennsylvania Department of
Environmental Protection. All erosion and sedimentation control plans shall
be submitted along with any required fee to the Luzerne County Conservation
District for its review and approval. No construction, including but not limited
to grading, excavations and/or any forms of earthmoving activities, shall
be undertaken until written approval of an Erosion and Sedimentation Control
Plan is received from either the Luzerne County Conservation District or the
Harveys Lake Borough Council.
All earthmoving activities shall be conducted in such a way as to prevent
accelerated erosion and the resulting sedimentation.
A.
No changes shall be made in the contour of the land;
no grading, excavating, removal or destruction to the topsoil, trees or other
vegetative cover of the land shall be commenced until such time that a plan
for minimizing erosion and sedimentation has been reviewed and approved by
the Luzerne County Soil and Water Conservation District, or there has been
a determination by the Luzerne County Soil and Water Conservation District
that such a plan is not necessary.
B.
In the event that the Conservation District does not
require one, an Erosion and Sedimentation Control Plan in appropriate detail
must be submitted to either the Borough Council or its designee. The Council
requires submission of a plan for any activity that disturbs more than 100
square feet of soil.
The soil erosion and sedimentation control plan and measures used to
control erosion and sedimentation shall meet the standards and specifications
set forth in the Pennsylvania Department of Environmental Protection Soil
Erosion and Sedimentation Control Manual and Chapter 102 of the Rules and
Regulations of the Pennsylvania Department of Environmental Protection.
The following measures are deemed effective in minimizing erosion and
sedimentation, and shall be included in control plans as applicable:
A.
Stripping. Stripping of vegetation for development shall
be done in such a way that will prevent all but minor erosion.
B.
Natural features. 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.
C.
Natural vegetation. Whenever feasible, natural vegetation
shall be retained, protected, and supplemented.
D.
Disturbed areas. The disturbed area and the duration
of exposure shall be kept to a practical minimum.
E.
Stabilization. Disturbed soils shall be stabilized as
quickly as practicable.
F.
Temporary vegetation and mulching. Temporary vegetation
and/or mulching shall be used to protect exposed critical areas during development.
G.
Permanent vegetation and measures. The permanent final
vegetation and structural erosion control and drainage measures shall be installed
as soon as practical in the development
H.
Accommodation of increased runoff. Provisions shall be
made to effectively accommodate the increased runoff caused by changed soil
and surface conditions during and after development. Where necessary, the
rate of surface water runoff shall be structurally retarded.
I.
Containment of sedimentation. Sediment in the runoff
water shall be trapped until the disturbed area is stabilized by the use of
debris basins, sediment basins, silt traps, or similar measures.
Where the earthmoving activity affects 25 acres or more, the soil erosion
and sedimentation control plan must be submitted to the County Conservation
District, together with an application for an earthmoving permit. An earthmoving
permit must be granted by the Pennsylvania Department of Environmental Protection
prior to preliminary approval of a subdivision or land development.
The Borough Council in its consideration of all proposed subdivisions
and land developments shall condition its approval upon the execution and
implementation of an erosion and sedimentation control plan which meets the
governing standards of the Luzerne County Soil and Water Conservation District,
based upon written verification by said Agency in approval of a submitted
plan or Council acceptance of a satisfactory plan.
Any person failing to comply with any provision of this chapter shall
be subject to a fine of up to $500 per day and costs, or in default thereof
shall be confined in the county jail for a period of not more than 30 days.
Each day of noncompliance shall constitute a separate offense.
