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 affected
by the activity requiring a permit.
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.
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.
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.
The owner of any property on which any work has been made pursuant
to a permit granted under the provisions of this article 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.
All plans and specifications accompanying applications for permits
shall include provisions for both interim (temporary) and ultimate
(permanent) erosion and sediment control.
A. 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 Services.
B. 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.
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.
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 has investigated the property, made
soil tests and that in his opinion such steeper slopes will safely
support the proposed fill.
Any trees in areas of grade change shall be removed unless protected
with suitable tree wells.
The following provisions apply to the carrying and disposal
of stormwater runoff:
A. 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.
B. 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.
C. 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, brow
or berm ditches, and shall be sodded and planted, unless the Borough
determines that such treatment is unnecessary and specifically waives
this requirement.
D. 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.
When required, adequate provisions shall be made for dust-control
measures as are deemed acceptable by the Borough.
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.