[HISTORY: Adopted by the City Council of the City of DuBois 7-24-1995 by Ord. No.
1544 (Ch. 9, Part 1, of the 1995 Code). Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Soil Erosion,
Sedimentation and Grading Control Ordinance," implementing Title 25,
Rules and Regulations, Part I, Commonwealth of Pennsylvania, Department
of Environmental Protection, Subpart C, Protection of Natural Resources,
Article II, Water Resources, Chapter 102, Erosion and Sediment Control.
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 City
to assure and safeguard health, safety, ecology and the general welfare
in the City.
From and after the effective date of this chapter, any subdivision and/or land development approved under Chapter 390, Subdivision and Land Development, of the Code of the City of DuBois, or Chapter 450, Zoning, of the Code of the City of DuBois, or activity qualified under §§ 362-5 and 362-6 of this chapter shall be in conformity with this chapter. In the event of a conflict between this chapter and floodplain regulations, the floodplain regulations shall take precedence.
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 slope of a road, 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,
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 of 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 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 the following:
The following activities require a grading permit:
A.
Modifying, disturbing, blocking, diverting or otherwise adversely
affecting the natural overland or subsurface flow of stormwater.
B.
Construction, erection or installation of any drainage dam, ditch,
culvert, drainpipe, bridge or any other structure or obstruction affecting
the drainage of any premises.
C.
Paving, filling, stripping, excavating, grading or regrading of any
land.
D.
Disturbing the landscape, vegetation or any ground cover by any proposal
involving an area in excess of 5,000 square feet.
The following activities require no grading permit:
A.
Improvements, such as erection of retaining walls, driveway paving,
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, in a gross area
of up to 25 acres on any one property.
B.
Farming, gardening or lawn restoration, 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.
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 City Clerk for a grading permit.
The City Clerk shall forward one copy of the plan to the Planning
Commission, one copy to the City Engineer and one copy to the Zoning
Officer.
The plan for a grading permit shall include:
A.
A valid boundary line survey of the site on which the work is to
be performed.
B.
A description of the features, existing and proposed, surrounding
the site which are of importance to the proposed development.
C.
A plan of the general topography (including drainage) and soil conditions
on the site (latter available through the County Conservation District).
D.
The location and a description of existing and future man-made features
of importance to the proposed development (i.e., cuts and/or fills,
buildings, roads, and driveways).
E.
Plans and specifications of soil erosion and sediment control measures
in accordance with standards and specifications of the City and the
County Conservation District.
F.
A development schedule indicating the anticipated starting and completion
dates of the development sequence and the time of exposure of each
area prior to the completion of effective erosion and sediment control
measures.
In addition to the requirements of § 362-9, and where deemed necessary by the City Engineer and the Planning Commission or the City Council, 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 United
States Department of Agriculture Natural Resources Conservation Service
and outlined in the Erosion and Sediment Control Handbook, Clearfield
County, Pennsylvania.
(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 or 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 City's 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)
The rate of runoff shall be no greater during and after a one-hundred-year
frequency storm when the development is completed than that which
existed before the development began, and appropriate measurements
or calculations shall be provided to verify such provisions.
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 ensure stable soil conditions and groundwater control, as applicable.
The City may require such supplemental reports and data as are deemed
necessary by the City Engineer. Recommendations included in such reports
and approved by the City 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 City Engineer and approved by the City 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 City Engineer, the City
Clerk shall issue the necessary grading permit.
A.
Notwithstanding any provision 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 any manner so close to a property line as
to endanger or damage any adjoining street, alley or any other public
or private property without supporting and protecting such 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 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.
E.
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 anti-erosion devices,
retaining walls, drainage structures or means, and other protective
devices, plantings and ground cover, installed or completed. The City
is responsible for maintenance and repair within the right-of-way
of municipal roads.
F.
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 Erosion and Sediment Control Handbook, Clearfield
County, Pennsylvania.
G.
All trees in an area of extreme grade change shall be protected with
suitable tree wells, unless the necessity for removal is established.
Precautions shall be taken to prevent the unnecessary removal of trees.
H.
When required, adequate provisions shall be made for dust-control
measures as are deemed acceptable by the City Engineer.
I.
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 established by the County
Soil Conservation District, as adopted from standards and specifications
of the United States Natural Resources Conservation Service, and as
outlined in the Erosion and Sediment Control Handbook, Clearfield
County, Pennsylvania.
(1)
Technical standards for the design and installation of erosion and
sediment control measures are on file with the City, 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)
Mulching.
(f)
Temporary diversion.
(g)
Permanent diversion.
(h)
Grassed waterway or outlet.
(i)
Grade stabilization structure.
(j)
Debris basin.
(k)
Drain.
(l)
Drainage — mains or laterals.
J.
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 City Engineer
or, in his absence, a qualified person acceptable to the City Engineer
and the City.
B.
Inspections will be carried out on a random basis, except as stated
below. However, a set of "as-built" plans shall be on file at the
site and authenticated by a registered professional engineer. When
it is deemed acceptable to the City Engineer, a designated qualified
person may authenticate the as-built plans and will assume full responsibility
for the quality of work.
C.
Any and all as-built plans shall be available on the site at all
times and be subject to inspection and inquiry.
D.
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.
E.
A final inspection shall be conducted by the City Engineer to certify
compliance with this chapter. Satisfactory compliance with this chapter
shall be necessary before issuance of an occupancy or use permit.
Permittees shall bear all costs of inspections required or permitted
hereunder and shall deposit with the City such sum as the City 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 procedure for matters pertaining to
this chapter.
The fee for a grading permit shall be fixed by the City Council
pursuant to resolution.
[Amended at time of adoption of Code revisions (see Ch. 1,
General Provisions, Art. II)]
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000 plus costs and, in default of payment,
to undergo imprisonment for a term not exceeding 90 days. Each day
that a violation of this chapter continues shall constitute a separate
offense.
In addition to the penalties as set forth in § 362-16, any movement of the landscape, vegetation or any ground cover performed in violation of this chapter shall be restored to its previous condition, including replacement of excavated earth, removal of illegally placed fill, and restoration of grades and planting. In order to enforce this section, the City Solicitor may seek injunctive relief in accordance with the Rules of Civil Procedure.
