[HISTORY: Adopted by the Borough Council of the Borough of Pennsburg 9-11-2007
by Ord. No. 6-07. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Pennsburg Borough
Grading Ordinance."
The purposes of this chapter are to regulate the modification of the
natural terrain, the alteration of drainage, and to provide for certain erosion
and sediment control measures within the Borough of Pennsburg and to assure
and safeguard health, safety, ecology and the general welfare in the Borough
of Pennsburg.
From and after the effective date of this chapter, any grading, paving,
earth disturbance and alteration of drainage within the Borough of Pennsburg
shall be in conformity with this chapter. In the event of a conflict between
this chapter and the Borough of Pennsburg Stormwater Management Ordinance,[1] the Borough of Pennsburg Stormwater Management Ordinance shall
take precedence.
If any section, subsection, sentence, clause or phrase of this chapter
is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of the chapter.
As used in this chapter, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
An agonal great group of soils, developed from transported and relatively
recently deposited material (alluvium), characterized by a weak modification
(or none) of the original material by soil-forming processes.
Process of earthmoving by excavating part of an area and/or using
excavated material for embankments or fill areas.
The flat or nearly flat land adjacent to a stream or river that experiences
occasional or periodic flooding; the floodplain includes the floodway.
That portion of the floodplain including the watercourse channel
and adjacent land areas which must be reserved to the one-hundred-year recurrent
interval flood without cumulatively increasing the flood elevation more than
one foot.
The slope of a road, driveway, channel or natural ground.
The finished surface of a canal bed, roadbed, top of embankment or bottom
of excavation; any surface prepared for the support of construction, like
paving or laying a conduit.
To finish the surface of a canal bed, roadbed, top of embankment or
bottom of excavation.
That portion of the precipitation on a drainage area or watershed
that is discharged from the area in stream channels; types include surface
runoff, groundwater runoff or seepage.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site or origin by air, water,
gravity or ice, and has come to rest on the earth's surface either above
or below sea level.
Degree of deviation of a surface from the horizontal, usually expressed
in percent or degrees.
A condition of the soil, referring to the frequency and duration
of periods when the soil is free of saturation.
A natural or man-made drainage route or channel for the flow of water.
Whenever the landscape is to be permanently disturbed as to either contours, soil or slope characteristics, or vegetation or any ground cover is to be permanently removed, a plan is required showing how resulting erosion and sediment shall be controlled. This plan shall include, but not be limited to, the following information in accordance with Chapter 102 of the Pennsylvania Department of Environmental Protection Soil Erosion Control Manual:
The following activities require a grading permit:
A.
Modifying, disturbing, blocking, diverting or otherwise
affecting the natural overland or subsurface flow of stormwater.
B.
Construction, erection or installation of any drainage
dam, ditch, culvert, drainage pipe, bridge or any other structure or obstruction
affecting the drainage of the premises.
C.
Paving, filling, stripping, excavating, grading or regrading
of any land.
D.
The installation of swimming pools, both in-ground and
aboveground.
E.
The installation of a new retaining wall or the expansion
of an existing retaining wall.
F.
Disturbing the landscape, vegetation or any ground cover
by any proposal involving a disturbance area in excess of 750 square feet;
however, any earth disturbance that occurs in a floodplain area or in areas
designated for stormwater management shall require a grading permit regardless
of the size of the area of disturbance.
The following activities require no grading permit:
A.
Improvements, such as erection of retaining walls, driveway
repaving, minor regrading or activities on a property which do not adversely
affect the natural overland or subsurface flow of stormwater, drainage of
any premises, or adversely disturb the landscape as determined by the Borough
Engineer.
B.
New single-family home construction on a lot created
before the effective date of this chapter.
C.
Normal agricultural operations, but not including sod
farming.
A.
Any person, firm or corporation proposing to engage in
an activity requiring a grading permit hereunder shall apply by the submission
of a plan.
B.
The applicant should, before submitting a preliminary
plan for review, consult the Subdivision and Land Development Ordinance[1] which regulates the development of land within the Borough. The
applicant should also consult the Zoning Ordinance[2] and all other applicable ordinances which regulate the development
of land in the Borough of Pennsburg. The applicant is encouraged to consult
with the surrounding municipalities which can be affected by or can affect
the proposed land development.
C.
A separate plan shall be required for each grading permit.
D.
Five copies of the proposed plan, including specifications
and development schedules, shall be submitted to the Building Inspector/Zoning
Officer for a grading permit. One copy shall be forwarded to each of the following:
Pennsburg Borough Planning Committee and Borough Engineer.
E.
The plan for a grading permit shall be accompanied by
a fee established in the Pennsburg Borough Schedule of Fees and collection
procedures for all applications.
The application for a permit shall be accompanied by the following:
A.
An area plan, or plans, describing existing and proposed
features of the area surrounding the site of the work including topography,
existing vegetation, watercourses, wetlands, man-made features, the affected
watersheds and other pertinent natural features. This may be in the form of
a recent USGS map with the property and required features located thereon.
B.
A topographical survey of the site at a suitable scale
of no less than one inch equals 50 feet and contour interval of no more than
one foot zero inches, prepared by a registered surveyor or registered engineer,
including also a boundary line survey, the location and description of vegetative
cover, existing features, wetlands, and any other pertinent existing natural
or man-made features.
D.
A written description of soil erosion and sediment control
measures (with appropriate plans and specifications), in accordance with standards
and specifications of the Pennsylvania Department of Environmental Protection,
Montgomery County Conservation District and Borough ordinances, including,
without limitation, retention and detention basins or other control measures
necessary to limit the rate of stormwater runoff to comply with the requirements
hereof.
E.
A time schedule indicating the anticipated starting and completion dates of the development sequence, the expected date of completion of construction of each of the measures referred to in Subsection D of this section and the time of exposure of each area prior to the completion of such measures.
In addition to the requirements of § 53-10, and where deemed necessary by the Borough Engineer or the Building Inspector/Zoning Officer, the applicant shall submit with the plan a detailed drainage study prepared by a registered professional engineer qualified in hydrology in the Commonwealth. This study shall include:
A.
A plan of the property showing the location of all present
and proposed ditches, streams, pipes and other drainage structures, and proposed
cuts and/or fills. In addition to showing present elevations and dimensions,
and location and extent of all proposed grading and/or drainage, the plan
shall clearly indicate all woodlands, buildings, parking areas and driveways.
Further, the plan shall indicate the present and proposed sources, storage
and disposition of water being channeled through or across the premises, together
with elevations, gradients and maximum flow rates. The plan shall describe
the work to be performed and disposition of cut and/or fill, the materials
to be used and the manner or method of performance, including provisions for
protecting and maintaining existing drainage facilities, whether on public
or private property. The applicant shall also supply the supporting data for
the plan as developed by the engineer.
B.
Calculations to determine runoff, which shall be based
on the Soil-Cover Complex Method, a description of which is available from
the U.S.D.A. Soils Conservation Service and outlined in the currently effective
"Erosion and Sediment Pollution Control Manual" as published by the Commonwealth
of Pennsylvania, Department of Environmental Resources.
(1)
The design criteria for storm sewer piping on inlet systems
within a subdivision being developed shall be designed for a twenty-five-year
frequency storm; culverts across roadways shall be designed for a fifty-year
frequency storm; open watercourses and swales shall be designed for a one-hundred-year
frequency storm as prescribed in accordance with the following:
(a)
The coefficient of runoff used for all areas upstream
of any drainage structure shall be computed on the basis of existing land
use and the projected land use described and shown on the Pennsburg Borough
Comprehensive Plan, and adjacent municipalities' comprehensive plans,
where applicable.
(2)
The following provisions apply to the carrying and disposal
of stormwater runoff:
(a)
All drainage facilities shall be designed to carry surface
water in such a manner as to prevent erosion or overflow.
(b)
The applicant shall agree to the granting and recording
of easements covering the installation and maintenance of drainage facilities.
C.
A soils investigation report, if load-bearing fill is
proposed, which shall consist of test borings, laboratory testings and engineering
analysis to correlate surface and subsurface conditions with the proposed
grading plan. The results of the investigation shall be presented in a report
by a registered professional soils engineer and shall include data regarding
the nature, distribution and supporting ability of existing soils and rocks
on the site, conclusions and recommendations to insure stable soil conditions
and groundwater control, as applicable. Pennsburg Borough may require such
supplemental reports and data as are deemed necessary by the Borough Engineer.
Recommendations included in such reports and approved by the Borough Engineer
shall be incorporated in the plan or specifications. In addition:
(1)
Fills toeing out on natural slopes steeper than four
horizontal to one vertical shall not be made unless a report is received which
is deemed acceptable by the Borough Engineer and approved by the Borough Council.
The report shall be made by a registered professional soils engineer certifying
that he has investigated the property, made soils tests and that, in his opinion,
such steeper slopes will safely support the proposed fill.
(2)
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.
Upon the approval of the plan by the Borough Engineer, the Building
Inspector/Zoning Officer shall issue the necessary grading permit in letter
form.
Every grading permit shall expire by limitation and become null and
void if the work authorized by such permit has not been commenced within six
months or is not completed within one year from the date of issue, provided
that the Borough Engineer may, if the permit holder presents satisfactory
evidence that unusual difficulties have prevented work from being started
or completed within the specified time limits, grant a reasonable extension
of time, and, provided, further, that the application for the extension of
time is made before the date of expiration of the permit.
A.
Notwithstanding any provisions of this chapter or any
condition of the grading 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 grading permit.
B.
No person, firm or corporation shall modify, fill, excavate,
pave, grade or regrade land in a manner so close to a property line as to
endanger or damage any adjoining street, alley, or any other property from
settling, cracking, erosion, sediment, flooding or any other physical damage
or personal injury which might result.
C.
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.
D.
No person, firm or corporation shall place any fill in
any portion of any floodway within the Borough.
E.
All new buildings, building additions, accessory buildings
or other structures shall have a finished floor elevation not less than two
feet above the one-hundred-year recurrence interval flood elevation as calculated
and determined by the applicant and submitted for review and approval by the
Borough Engineer.
F.
No person, firm or corporation shall fail to adequately
maintain, in good operating order, any drainage facility on his premises.
All drainage ditches, culverts, drain pipes and drainage structures shall
be kept open and free-flowing at all times.
G.
The owner of any property on which any work has been
done pursuant to a grading permit granted under this chapter shall continuously
maintain and repair all graded surfaces and antierosion devices, retaining
walls, drainage structures or means and other protective devices, plantings
and ground cover installed or completed. The Borough is responsible for maintenance
and repair within the right-of-way of Borough roads.
H.
All graded surfaces shall be permanently seeded, sodded
and/or planted or otherwise protected from erosion within 30 days, weather
permitting, and shall be tended and/or maintained until growth is well established.
The disturbed area and duration of exposure shall be kept to a minimum using
temporary erosion and sediment control measures immediately as outlined in
the currently effective "Erosion and Sediment Pollution Control Manual" as
published by the Commonwealth of Pennsylvania, Department of Environmental
Resources.
I.
All trees in an area of extreme grade change shall be
protected with suitable tree wells, unless necessity for removal is established.
Precautions shall be taken to prevent the unnecessary removal of trees.
J.
When required, adequate provisions shall be made for
dust control measures as are deemed acceptable by the Borough Engineer.
K.
All plans and specifications submitted for a grading permit shall include provisions for both interim (temporary) and ultimate (permanent) erosion and sediment control. The design, installation and maintenance of erosion and sediment control measures shall be accomplished in accordance with standards and specifications of the United States Soil Conservation Service, and as outlined in the currently effective "Erosion and Sediment Pollution Control Manual" (Chapter 102) as published by the Commonwealth of Pennsylvania, Department of Environmental Resources.
(1)
Technical standards for this design and installation
of erosion and sediment control measures are on file with Pennsburg Borough,
the Office of the County Conservation District and other governmental agency
offices.
(2)
Standards and specifications adopted for the purposes
of this chapter and by the County Conservation District include, but are not
limited to, the following basic conservation measures:
(a)
Temporary cover on critical areas.
(b)
Permanent grass and legume cover for critical areas on
prepared seedbed.
(c)
Permanent grass and legume cover for critical areas on
unprepared seedbed.
(d)
Sodding.
(e)
Installation of six inches of topsoil.
(f)
Mulching.
(g)
Temporary diversion.
(h)
Permanent diversion.
(i)
Grassed waterway or outlet.
(j)
Grade stabilization structure.
(k)
Debris basin.
(l)
Drain.
(m)
Drainage, mains or laterals.
L.
A quality control program is critical for fills; therefore,
wherever fill material is to be used, the person, firm or corporation shall
be responsible for testing to determine its dry density as per ASTM D1556.
The density of each layer shall be not less than 95% of maximum density as
determined by ASTM D1557.
A.
All inspections shall be the responsibility of the Borough
Engineer or, in his absence, a qualified person acceptable to the Borough
Engineer and Pennsburg Borough.
B.
Inspections will be carried out on a random basis, except
as stated below. However, a set of as-built plans shall be submitted to the
Borough and on file at the site and authenticated by a registered professional
surveyor. When it is deemed acceptable to the Borough Engineer, a designated
qualified person may authenticate the as-built plans and will assume full
responsibility for the quality of the work.
C.
As-built plans shall be required at the following stages
of construction:
(1)
Stake-out of the building;
(2)
After the foundation footer is in place and prior to
the erection of the foundation walls; and
(3)
After the completion of the finished grading of the entire
lot and prior to the placement of any topsoil or landscaping. Grading shall
take into consideration the requirement of a minimum of six inches of topsoil.
D.
Any and all as-built plans shall be available on the
site at all times and subject to inspection and inquiry.
E.
Engineering check notes shall accompany all as-built
plans which involve structural or mechanical measures and shall serve as supporting
evidence that structures meet design standards and specifications specified
herein.
F.
A final inspection shall be conducted by the Borough
Engineer to certify compliance with this chapter. Satisfactory compliance
with this chapter shall be necessary before the issuance of any occupancy
or use permit.
Permittees shall bear all costs of inspection required or permitted
hereunder and shall deposit with the Borough such sum as the Borough Council
shall determine to guarantee payment of the costs of such inspections. The
costs of inspections shall be in accordance with the established schedule
of fees and collection procedures for matters pertaining to this chapter.
A fee, in an amount as established from time to time by resolution,
is required upon initial submission of an application. Cost of all inspections
(other than the initial inspection and the final inspection) will be billed
to the applicant as inspections are completed at a rate, in an amount as established
from time to time by resolution, per inspection. Payments shall be made within
30 days, and no occupancy permit will be issued until all payments have been
made.
Any permit issued under this chapter may be revoked or suspended by
the Pennsburg Borough Council, after notice for:
A.
Failure to carry out the control measures described in
the application at the appropriate times as specified in the applicable time
schedule or within such reasonable extension as may be granted by the Borough
Council;
B.
Violation of any other condition of the permit;
C.
Violation of any provision of this chapter or any other
applicable law, ordinance, rule or regulation relating to the work; and
D.
Existence of any condition or the doing of any act consisting
or creating a nuisance, hazard or endangering human life or the property of
others.
The Borough Engineer, before issuing a permit for a project, may require
cash bond or corporate surety bond in a form satisfactory to the Borough Council
conditioned upon the faithful performance of the control measures and other
conditions specified in the permit within the time specified, or within an
extension thereof granted by the Borough Council, in the amount of the total
estimated cost of all control measures and safeguards for adjoining properties.
Said bond may be combined with a bond filed under the Pennsburg Borough Subdivision
and Land Development Ordinance.[1] Each bond shall be maintained and renewed annually and shall be
executed by a surety or guaranty company qualified to transact business in
the state.
A.
It shall be unlawful to operate a motor vehicle in such
a way as to deposit mud, soil, silt, sediment, stones, muddy water, liquids
from any trash or any other foreign materials of any kind onto public roads
in the Borough.
B.
The person(s) or entity operating the vehicle responsible
for depositing such materials onto public streets shall cause them to be thoroughly
cleaned up within two hours of written or verbal notice from the Borough or
its agents.
C.
If the person(s) or entity operating the vehicle cannot
be identified, the person(s) or entity having control over the site from whence
the materials originated shall cause them to be thoroughly cleaned up within
four hours of written or verbal notice from the Borough or its agents.
In case of any paving, filling, stripping, grading or regrading, and
disturbing, modifying, blocking or diverting the natural overland or subsurface
flow of stormwater, or any construction, erection and installation of any
dam, ditch, culvert, drain pipe, bridge or any other structure or obstruction
affecting the drainage of any premises, in violation of this chapter or any
regulations made pursuant thereto, the proper Borough authorities, in addition
to other remedies provided by law, may institute any appropriate action or
proceedings to prevent such unlawful activity, to restrain, correct or abate
such violation, to prevent the use of the applicable premises, or to prevent
any illegal act, conduct, business or use in or about such premises. In addition,
upon the failure of any permit holder to complete the control measures specified
in his application, the Borough may, after revoking such permit, proceed to
complete such measures itself and recover the cost thereof from the permittee
or his surety.
An applicant may file an appeal within 30 days from the date of any
determination made by the Building Inspector/Zoning Officer under this chapter.
The Borough Council shall have exclusive jurisdiction to hear and render final
adjudication in all appeals from the determination of the Building Inspector/Zoning
Officer in the administration of the provisions of this chapter.
Any person, firm or corporation who shall violate any provisions of
this chapter, upon conviction thereof in an action brought before a District
Justice in the manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a
fine of not more than $1,000, plus costs and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 90 days. Each day
that a violation of this chapter continues or each section of this chapter
which shall be found to have been violated shall constitute a separate offense.
