Borough of Trappe, PA Article I General Provisions

§ 179-1 Short title.

This chapter shall be known and may be cited as the "Borough of Trappe Grading, Erosion and Sediment Control Ordinance."

§ 179-2 Purpose.

The purpose of this chapter is to promote health, safety and welfare within the municipality and its watershed through provisions designed to:

A. Ensure any disturbance of the site does not result in damaging erosion and sedimentation control problems, either on or off site, in order to protect the health, safety and welfare of the Borough residents. These objectives will be pursued at the Borough level in conjunction with state requirements for erosion and sedimentation control, as defined in the Department of Environmental Protection Chapter 102 regulations, as amended and defined in the Erosion and Sediment Pollution Control Program Manual.

B. Ensure that site design and preparation incorporates necessary steps to ensure the successful installation and operation of erosion and sediment control facilities.

C. Minimize disturbance and removal of topsoil.

D. Regulate modification of natural terrain and alteration of drainage by providing for erosion and sediment control measures, as well as to regulate the maintenance of grading activities, and fill that effect the same.

E. Provide review procedures and performance standards for erosion and sediment pollution control.

§ 179-3 Statutory authority.

A. The municipality is empowered to regulate land use activities that affect grading, erosion and sediment pollution control by the authority of the Borough Code,[1] the Pennsylvania Municipalities Planning Code[2] and other county, state and federal statutes.

[1] Editor's Note: See 8 Pa.C.S.A. § 101 et seq.

[2] Editor's Note: See 53 P.S. § 10101 et seq.

B. Earth disturbance activities are also regulated under existing state law and implementing regulations. This chapter shall operate in coordination with those parallel requirements. The requirements of this chapter shall be no less restrictive in meeting the purposes of this chapter than state law.

C. Borough Council may, upon cause shown, waive the requirement if the aggregate earth disturbance activity is less than 5,000 square feet and no single area ("project site") within a development site is greater than 2,000 square feet.

§ 179-4 Compatibility with other requirements.

A. Approvals issued and actions taken under this chapter do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other code, law, regulation or ordinance. To the extent that this chapter imposes more rigorous or stringent requirements for grading, erosion and sediment pollution control, the specific requirements contained in this chapter shall be followed.

B. Nothing in this chapter shall be construed to affect any of the municipality's requirements regarding grading, erosion and sediment pollution control which do not conflict with the provisions of this chapter. Conflicting provisions in other municipal ordinances, regulations or other applicable law shall be constructed to impose the more rigorous or stringent requirements.