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Borough of Jefferson Hills, PA
Allegheny County
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Table of Contents
Table of Contents
[Ord. 767, 3/14/2005, § 201]
This Part shall be known and may be cited as the "Borough of Jefferson Hills Earth Disturbance Permit Requirements Ordinance."
[Ord. 767, 3/14/2005, § 202]
This Part is adopted in accordance with the authority granted to municipalities to regulate subdivision and land development by the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended (53 P.S. § 10101 et seq.).
[Ord. 767, 3/14/2005, § 203]
The purpose of this Part is to provide minimum standards for regulating earth disturbance activities throughout the Borough by the following:
A. 
Protecting and promoting the public welfare by preventing excess erosion, hazardous rock and soil slippage, sediment production and other soil and water management problems, and by regulating and controlling the design, construction, quality of materials, use, location and maintenance of grading, excavation and fill.
B. 
Controlling accelerated erosion and the resulting sediment pollution to waters of this commonwealth that occur on earthmoving sites within the Borough of Jefferson Hills.
[Ord. 767, 3/14/2005, § 204]
Wherever used in this Part, the following words shall have the meaning indicated:
ACCELERATED EROSION
The removal of the surface of the land through the combined action of human activities and the natural processes, at a rate greater than would occur because of the natural process alone.
ADMINISTRATOR
The person or persons appointed by the Borough Council to manage this Part.
APPLICANT
A landowner, developer or other person who has filed an application for approval to engage in any regulated earth disturbance activity at a project site in the municipality.
BEDROCK
The natural rock layer, hard or soft, in place at ground surface or beneath unconsolidated surficial deposits.
BENEFICIAL USE
Use or reuse of residential waste or residual material derived from residual waste for commercial, industrial or governmental purposes, if the use does not harm or threaten public health, safety, welfare or the environment, or the use or reuse of processed municipal waste for any purpose, if the use does not harm or threaten public health, safety, welfare or the environment.
BMP (BEST MANAGEMENT PRACTICES)
Activities, facilities, designs, measures or procedures used to manage stormwater impacts from regulated earth disturbance activities, to meet state water quality requirements, to promote groundwater recharge and to otherwise meet the purposes of this Part.
BOROUGH
The Borough of Jefferson Hills, Allegheny County, Pennsylvania.
BOROUGH ENGINEER
The appointed professional engineer of the Borough.
BY-PRODUCT
A material generated by a manufacturing or production that is not a product or coproduct, regardless of whether it has value to the generator or another person.
CLEAN FILL
Uncontaminated, non-water-soluble, inert solid material used to level an area or bring the area to a desired grade and designated as such under the Pennsylvania Clean Fill Act. The term does not include material placed into or on waters of this commonwealth.
COAL ASH
Fly ash, bottom ash or boiler slag resulting from the combustion of coal, that is or has been beneficially used, reused or reclaimed for a commercial, industrial or governmental purpose. The term includes such materials that are stored, processed, transported or sold for beneficial use, reuse or reclaimed for a commercial, industrial or governmental purpose.
COMBUSTION MATERIAL
The engineered use of residual waste as a substitute for a raw material or commercial product in a construction activity, if the waste has the same engineering characteristics as the raw material or commercial product for which it is substituting. The term includes the use of residual waste as a roadbed material, for pipe bedding, and in similar operations. The term does not include valley fills, the use of residual waste to fill open pits from coal or other fills, or the use of residual waste solely to level an area or bring the area to grade where a construction activity is not completed promptly after the placement of the solid waste.
CONSTRUCTION MATERIAL
The engineered use of residual waste as a substitute for a raw material or a commercial product in a construction activity, if the waste has the same engineering characteristics as the raw material or commercial product for which it is substituting. The term includes the use of residual waste as a roadbed material, for pipe bedding, and in similar operations. The term does not include valley fills, the use of residual waste to fill open pits from coal or other fills, or the use of residual waste solely to level an area or bring the area to grade where a construction activity is not completed promptly after the placement of the solid waste.
COMMONWEALTH
Commonwealth of Pennsylvania.
DEP
Pennsylvania Department of Environmental Protection.
EARTH DISTURBANCE
A construction or other human activity which disturbs the surface of the land, including, but not limited to, clearing and grubbing, grading, excavations, embankments, road maintenance, building construction and moving, disposing, stockpiling or storing of rock or earth materials.
EARTH DISTURBANCE PERMIT
A permit issued by the Borough which allows earth disturbance.
GEOTECHNICAL ENGINEER
A person licensed by the Commonwealth of Pennsylvania to practice engineering and who is knowledgeable in the branch of geotechnical engineering.
ENGINEER, PROFESSIONAL
A person licensed by the Commonwealth of Pennsylvania to practice engineering and who is knowledgeable in the branch of civil engineering.
EROSION
The process by which the surface of the land, including channels, is worn away by water, wind or chemical action.
EROSION AND SEDIMENTATION CONTROL PLAN
A plan for the project site which identifies BMPs to minimize accelerated erosion and sedimentation.
EXCAVATION
Any act by which earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and includes the conditions resulting therefrom.
FGD (FLUE GAS DESULFURIZATION) SLUDGE
A by-product produced during the combustion of coal and is considered by the Pennsylvania Department of Environmental Protection as a residual waste.
FILL
Any act by which earth, sand, gravel, rock or any other material is deposited, placed, pushed, dumped, pulled, transported or moved to a new location, and includes the condition resulting. The material shall meet the requirements of the state and federal clean fill laws.
GOVERNING BODY
The Council of the Borough.
GRADE
The elevation of the existing ground surface at the location of any proposed excavation or fill.
GRADING
Excavation or fill or any combination thereof, and includes the conditions resulting from any excavation or fill.
HAZARD
A danger or potential danger to life, limb or health, or an adverse effect or potential adverse effect of the safety, use or stability of property, waterways, public ways, structures, utilities and storm sewers, including stream pollution.
INTERMITTENT STREAM
A body of water flowing in a channel or bed composed primarily of substrates associated with flowing water, which, during periods of the year, is below the local water table and obtains its flow from both surface runoff and groundwater discharges.
(1) 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(a) 
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure.
(b) 
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, lease-holds, condominiums, building groups or other features.
(2) 
A subdivision of land.
NPDES
National Pollutant Discharge Elimination System, the federal government's system for issuance of permits under the Clean Water Act, which is delegated to the DEP in Pennsylvania.
PCB
A chemical substance that is limited to the biphenyl molecule that has been chlorinated to varying degrees or a substance which contains that substance.
PERCHED AQUIFER
An aquifer that is separated from an underlying aquifer by an unsaturated zone.
PERCHED WATER TABLE
The water table of a perched aquifer.
PERENNIAL STREAM
A body of water flowing in a channel or bed composed of substrates associated with flowing waters and is capable, in the absence of pollution or other man-made disturbances, of supporting a benthic macroinvertebrate community which is composed of two or more recognizable taxonomic groups of organisms which are large enough to be seen by the unaided eye and can be retained by the United States Standard No. 30 sieve (28 meshes per inch, 0.595 mm openings) and live at least part of their life cycles within or upon available substrates in a body of water or water transport system.
PERSON
An individual, partnership, public or private association or corporation, or a governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
pH
The measure of acidity or alkalinity of a solution, numerically equal to seven for neutral solutions, increasing with increasing alkalinity and decreasing with increasing acidity. The numbers range from zero for very acidic to 14 for very alkaline solutions.
REGIONAL GROUNDWATER TABLE
The fluctuating upper water level surface of an unconfined or confined aquifer, where the hydrostatic pressure is equal to the ambient atmospheric pressure. The term does not include the perched water table or seasonal high-water table.
RESIDUAL WASTE
Garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and sludge from a facility, wastewater treatment facility or air pollution control facility, if it is hazardous. The term does not include coal refuse as defined in the Coal Refuse Disposal Control Act. The term does not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on under and in compliance with a valid permit issued under the Clean Streams Law.
RETAINING WALLS
A structure composed of concrete, steel or other approved building material, excluding timber, constructed for the purpose of supporting a cut or filled embankment which would otherwise not comply with the requirements of the standards set forth in this Part and which is more than four feet in height as measured on the vertical surface of the wall.
SEASONAL HIGH-WATER TABLE
The highest elevation of a saturated condition in the soil profile during certain periods of the year. The condition can be caused by a slowly permeable layer with the soil profile and is commonly indicated by the presence of soil fluctuation of the regional groundwater table.
SEDIMENT
Solid material, both mineral and organic, that is in suspension, is being transported or has been removed from its site or origin by air, water, gravity or ice and has come to rest on the earth's surface.
SITE
A lot, tract or parcel of land or a series of lots, tracts or parcels of land which are adjoining where earth disturbance activities are continuous and performed at the same time.
SOILS ENGINEER
A person registered by the Commonwealth of Pennsylvania as a professional engineer and who has training and experience in the branch of soils engineering.
SOIL SURVEY
The unpublished and operational soil survey for Allegheny County, Pennsylvania, and the accompanying text, "Soil Survey Interpretations of Allegheny County, Pennsylvania," as prepared by the United States Department of Agriculture Soil Conservation Service, et al. When applicable, "soil survey" shall mean "Soil Survey, Allegheny County, Pennsylvania," when this publication is completed.
SOLID WASTE
All parts or combinations of ashes, garbage, refuse, radioactive material, combustible demolition materials and industrial wastes such as food-processing wastes, wood, plastic, metal scrap, etc.
STRUCTURAL FILL
The engineered use of coal ash as a base or foundation for a construction activity that is completed promptly after the placement of the coal ash, including the use of coal ash as a backfill material for retaining walls, foundations, ramps or other structures. The term does not include valley fills or the use of solid waste to fill open pits from coal or noncoal mining.
SURFACE WATERS OF THIS COMMONWEALTH
Any and all rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs and other bodies or channels of conveyance of surface water or parts thereof, whether natural or artificial, within or on the boundaries of this commonwealth.
WATERCOURSE
A channel or conveyance of surface water, such as a stream or creek, having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
(1) 
The site or location of a well, spring or water supply stream intake which is used for human consumption.
(2) 
Existing, designated or planned sources of water or facilities or systems for the supply of water for human consumption or for agricultural, commercial, industrial or other legitimate use, protected by the applicable water supply provisions of 25 Pa. Code § 93.3.
WETLANDS
Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.
[Ord. 767, 3/14/2005, § 205]
1. 
All earth disturbance activities related to a land development or a single lot that changes or alters the existing site conditions shall conform to the provisions of this Part.
2. 
All earth disturbances not permanently stabilized within 90 days of the adoption of this Part will be required to obtain a permit if the disturbance meets the criteria here within.
3. 
Earth disturbance activities are also regulated under existing state law and implementing regulations. This Part shall operate in coordination with those parallel requirements; the requirements of this Part shall be no less restrictive in meeting of this Part than state law.
[Ord. 767, 3/14/2005, § 206]
Improvements disturbing noncontiguous areas such as gardens and other landscaping features to the degree that they do not alter the drainage on the property and do not increase the volume of water running off the area.
[Ord. 767, 3/14/2005, § 207]
1. 
No person or land owner shall commence or perform any earth disturbance activity, including those with an approved land development plan, without first having obtained an earth disturbance permit from the administrator on approval of the Engineer or an executed developers agreement. A separate earth disturbance permit shall be required for each property to be disturbed and having different owners. One permit shall be permitted for land developments performing earth disturbance activities on contiguous parcels within the same development.
2. 
No regulated earth disturbance activities within the Borough shall commence until approval by the Borough of an erosion and sediment control plan for construction activities.
3. 
The Pennsylvania Department of Environmental Protection (PADEP) requires that a permit be obtained from them for any earth disturbance activity of 5,000 square feet or more, under 25 Pa. Code § 102.4(b).
4. 
In addition, under 25 Pa. Code Chapter 92, a PADEP "NPDES Construction Activities" permit is required for any earth disturbance one acre or more with a point source discharge to surface waters or the Borough's storm sewer system, or five acres or more regardless of the planned runoff (hereinafter collectively referred to as "regulated earth disturbance activities"). This includes earth disturbance on any portion of, part of, or during any stage of, a larger common plan of development not covered under a larger current NPDES permit.
5. 
Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate PADEP regional office or County Conservation District must be provided to the Borough. The issuance of an NPDES construction permit [or permit coverage under the statewide general permit (PAG-2)] satisfies the requirements of Subsection 1.
6. 
A copy of the erosion and sediment control plan and any required permit, as required by PADEP regulations, shall be available at the project site at all times.
[Ord. 767, 3/14/2005, § 208]
1. 
A minor earth disturbance permit shall be required for any earth disturbance activity of below 5,000 square feet in surface area.
2. 
Every applicant for a minor earth disturbance permit shall file a written application with the Administrator in a form prescribed by the Administrator. Such application shall include the following:
A. 
Describe the land on which the proposed work is to be done, by lot, block, tract or street address or similar description which will readily identify and definitely locate the proposed work.
B. 
The requirements for the sealing of plans by a licensed professional engineer and/or surveyor may be waived by the Administrator for plans under 1,000 square feet in disturbance.
C. 
The earth disturbance permit application shall be accompanied with three sets of an erosion and sedimentation control plan (E&S) showing the following information:
(1) 
Property line as surveyed by a registered surveyor.
(2) 
Approximate location of any existing and/or proposed buildings and their relationship with the property lines.
(3) 
Approximate contours showing the existing and proposed grades for the project site. The approximate grading boundaries shall be shown on the plan.
(4) 
Name and address of the property owner.
(5) 
The name and address of the professional engineer or surveyor who prepared the plan. The plan must also be signed and sealed by this professional if applicable.
(6) 
All existing infrastructure with existing easements shall be shown. If any disturbance is proposed over any public easement, a profile of the existing and proposed center line of the easement must be submitted for review.
(a) 
The total maximum cover over an existing sewer must be approved by the Borough Engineer. Total maximum cover shall not exceed 15 feet unless approved by the Borough Engineer.
(b) 
If the easement is for a private utility, then permission must be documented by the applicant.
(7) 
Details and location of any proposed drainage structures and pipes, walls and cribbing and such other information as the administrator may need to carry out the purposes of this Part.
(8) 
The location of the existing street or road the property is located along and the right-of-way for that street.
(9) 
If any cut or fill is to be done within five feet of any public storm or sanitary sewer easement, the property owner shall be required to complete a closed circuit television inspection of the sewer line and submit a copy of it to the Borough prior to the issuance of the grading permit (if required by the Borough Engineer).
(10) 
A plan showing cross sections of the proposed cut or fill which show the method of benching both cut and/or fill.
(11) 
The BMPs and the appropriate erosion and sedimentation measures as required by Pa. Code 25, Chapter 102, for minimizing accelerated soil erosion and sedimentation.
(12) 
The E&S plan shall include notation that requires the landowner and or developer to install topsoil and plant grass as per the approved plan as soon as rough grading has been completed on the property.
(13) 
The E&S plan shall include notation that the property owner retains all responsibility of maintaining all erosion and sedimentation control structures until the property is stabilized (grass, not weeds, growing on 90% of the property).
[Ord. 767, 3/14/2005, § 209]
1. 
A major earth disturbance permit shall be required for any earth disturbance activity greater than 5,000 square feet in surface area.
2. 
Every applicant for a major earth disturbance permit shall file a written application with the Administrator in a form prescribed by the Administrator. Such application shall include the following:
A. 
Describe the land on which the proposed work is to be done, by lot, block, tract or street address or similar description which will readily identify and definitely locate the proposed work.
B. 
The earth disturbance permit application shall be accompanied with three sets of plans as prepared by a professional engineer or surveyor, licensed in the Commonwealth of Pennsylvania showing the following information:
(1) 
Property line as surveyed by a registered surveyor.
(2) 
Location of any existing buildings and their relationship with the property lines.
(3) 
Existing and proposed contours in the area where the grading will be completed. A maximum of a two-foot contour interval shall be maintained on the plan.
(4) 
Name and address of the property owner.
(5) 
The name and address of the professional engineer or surveyor who prepared the plan. The plan must also be signed and sealed by this professional.
(6) 
If the fill material is from an off-site source, a note shall be shown indicating source of the fill material. A permit that complies with the PA Clean Fill Act must be shown to document placement or removal of cut or fill material.
(7) 
If the cut material is being removed from the site, a note shall be shown indicating the location where the material is being hauled. A permit that complies with the PA Clean Fill Act must be shown to document placement or removal of cut or fill material.
(8) 
All existing and proposed subsurface utilities and sewers with existing easements shall be shown.
(9) 
Details and location of any proposed drainage structures and pipes, walls and cribbing and such other information as the administrator may need to carry out the purposes of this Part.
(10) 
All waters of the commonwealth and waterways shall be shown.
(11) 
Additional topography, including existing and proposed trees, walls and bushes shall be shown.
(12) 
The location of the existing street or road the property is located along and the right-of-way for that street.
(13) 
All existing infrastructure with existing easements shall be shown. If any disturbance is proposed over any public easement, a profile of the existing and proposed center line of the easement must be submitted for review.
(a) 
The total maximum cover over an existing sewer must be approved by the Borough Engineer. Total maximum cover shall not exceed 15 feet unless approved by the Borough Engineer.
(b) 
If the easement is for a private utility then permission must be documented by the applicant.
(14) 
If any cut or fill is to be done within five feet of any public storm or sanitary sewer easement, the property owner shall be required to complete a closed circuit television inspection of the sewer line and submit a copy of it to the Borough prior to the issuance of the grading permit (if required by the Borough Engineer).
(15) 
A plan showing cross sections of the proposed cut or fill which show the method of benching both cut and/or fill.
(16) 
A geotechnical report verifying the soils conditions and soil stability for the proposed activity that complies with the soils study scope as written in § 22-303 of the Subdivision and Land Development Ordinance (if required by the Borough Engineer).
(17) 
The BMPs and the appropriate erosion and sedimentation measures as required by Pa. Code 25, Chapter 102, for minimizing accelerated soil erosion and sedimentation.
(18) 
The type of soils as shown in the Allegheny County Soils Survey must be shown on the plan.
(19) 
The E&S plan shall include notation that requires the landowner and or developer to install topsoil and plant grass as per the approved plan as soon as rough grading has been completed on the property.
(20) 
The E&S plan shall include notation that the property owner retains all responsibility of maintaining all erosion and sedimentation control structures until the property is stabilized (grass, not weeds, growing on 90% of the property).
C. 
Where, owing to special circumstances and conditions, compliance with the provisions of Subsection 2B would result in unnecessary hardship, the Administrator may make such special reasonable exceptions thereto, upon recommendation from the Engineer, as will not be contrary to the public interest, and may impose such conditions as it deems necessary to adequately protect the public interest.
[Ord. 767, 3/14/2005, § 210]
1. 
Whenever the Borough Council, upon the recommendation of its Administrator or Engineer, determines that any existing excavation, embankment or fill has become a hazard as defined in § 9-104, the owner of the property upon which the excavation, embankment or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the administrator, shall, within the reasonable period specified therein, apply for an earth disturbance permit that specifies the repair, reconstruction or removal of such excavation, embankment or fill so as to eliminate the hazard.
2. 
If, after such notification, the property owner has not made the necessary repairs within the time adopted, then the Borough Council may direct government employees or an agent acting on the behalf of the Borough to make the required repairs and the cost thereof shall be borne by the property owner by a lien filed as provided by law.
[Ord. 767, 3/14/2005, § 211]
1. 
The Administrator shall receive all applications and shall collect all fees. The Administrator shall transmit all applications to the Borough Engineer, who shall indicate approval thereon. In the event of disapproval, the Borough Engineer shall note the reasons therefore, a copy of which shall be sent the applicant.
2. 
Before issuance of any minor earth disturbance permit, the applicant shall post a bond, with corporate surety or other approved security in the amount of 50% of the estimated cost of the earth disturbance work to guarantee the completion of said work, including, but not limited to, slope treatment, ground cover and drainage contemplated under the permit.
3. 
Before issuance of any major earth disturbance permit, the applicant shall post a bond, with corporate surety or other approved security in the amount of 110% of the estimated cost of the earth disturbance work to guarantee the completion of said work, including, but not limited to, slope treatment, ground cover and drainage contemplated under the permit.
4. 
If the work is to be covered under a land development approval, the bonding requirement outlined within the developers agreement shall take precedence.
5. 
Upon the receipt of the application for an earth disturbance permit, the Administrator shall collect an application permit fee for each site, in an amount determined by fee schedule adopted by resolution by the Borough Council.
6. 
In addition, upon the receipt of the application for an earth disturbance permit, the Administrator shall require a cash escrow account in an amount determined by fee schedule adopted by resolution by the Borough Council. This cash escrow shall cover plan review and inspection charges of the Borough Engineer. If, during the life of the project, the cash escrow account is depleted, the permit holder shall be responsible for all additional costs necessary to cover the Borough Engineer fees until the project has been completed.
[Ord. 767, 3/14/2005, § 212]
Every grading permit shall expire by limitation and become null and void if the work authorized by such permit has not been commenced within three months or is not completed within one year from the date of issue; provided that the Administrator, acting upon the recommendation of the Borough Engineer, may, if the permit holder presents satisfactory evidence that unusual difficulties have prevented work 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.
[Ord. 767, 3/14/2005, § 213]
1. 
Where, in the opinion of the Borough Engineer or Administrator, the work as proposed by the applicant is likely to endanger any property or person or any street or alley or create hazardous conditions, the Borough shall deny the grading permit. In determining whether the proposed work is likely to endanger property or streets or alleys or create hazardous conditions, the Borough Engineer shall give due consideration to possible saturation by rains, earth movements, runoff surface waters and subsurface conditions such as the stratification and faulting of rock aquifers, springs and the nature and type of the soil or rock as well as all applicable state and federal laws regarding earth disturbance.
2. 
The Council of the Borough shall consider promptly appeals from the provisions of this Part or from the determinations of the Borough Engineer, and the Council shall make determinations of alternate methods, standards or materials when in its opinion strict compliance with the provisions of this Part is unnecessary. Any applicant or permit holder shall have the right to appeal to any court of competent jurisdiction from any decision or determination of the Council of the Borough.
[Ord. 767, 3/14/2005, § 214]
1. 
The Borough Engineer or Administrator shall, as required by the permit or at the request of the permit holder, make the inspections hereinafter required and shall either approve that portion of the work which has been completed or notify the permit holder wherein the same fails to comply with the provisions of this Part. Where it is found by inspection that the soil drainage patterns or other conditions are not as stated or shown in the application, the Borough Engineer or Administrator may refuse to approve further work until approval is obtained for a revised earth disturbance plan, conforming to existing conditions.
2. 
Plans for earth disturbance work bearing the stamp of approval of the Borough Engineer shall be maintained at the site during the progress of the earth disturbance activities and until the work has been approved.
3. 
The permit holder shall notify the Borough Engineer or Administrator in order to obtain inspections in accordance with the following schedule and at least 24 hours before the inspection is to be made. Before calling for any inspection, the owner shall have the property line stakes set and sufficient grade stakes set by a registered engineer-surveyor to enable the Engineer to verify the grading operation.
A. 
Initial inspection: when work on the excavation or fill is about to be commenced.
B. 
Rough grading: when all rough grading has been completed.
C. 
Drainage facilities: when drainage facilities are to be installed and before such facilities are backfilled.
D. 
Special structures: when excavations are complete for retaining and crib walls and when reinforcing steel is in place and before concrete is poured.
E. 
Final inspection: when all work, including the installation of all drainage and other structures has been completed.
F. 
If at any stage of the work the Borough Engineer or Administrator shall determine by inspection that the nature of the formation is such that further work as authorized by an existing permit is likely to endanger property or streets or alleys or create hazardous conditions, the Borough may require as a condition to allowing the work to be done that such reasonable safety precautions be taken as the Borough Engineer or Administrator considers advisable to avoid such likelihood of danger. Safety precautions may include, but shall not be limited to, specifying a flatter exposed slope, construction of additional drainage facilities, berms, terracing, compaction, shoring, or cribbing.
[Ord. 767, 3/14/2005, § 215]
1. 
Standards for Excavation.
A. 
Maximum slope steepness of a cut shall be determined as follows:
(1) 
Landslide-prone soils where slopes are greater than 25% shall have a slope no greater than four horizontal to one vertical on its exposed face and shall be safe and stable. A written statement, signed and sealed by a professional engineer registered in the Commonwealth of Pennsylvania specializing in geotechnical engineering shall be submitted with the earth disturbance plan. Soil survey map symbols are: GrE and GqF.
(2) 
Landslide-prone soils where slopes are less than 25% shall have a slope no greater than three horizontal to one vertical on its exposed face and shall be safe and stable. A written statement, signed and sealed by a professional engineer registered in the Commonwealth of Pennsylvania specializing in geotechnical engineering shall be submitted with the earth disturbance plan. Soil survey map symbols are: UaB, UaC, GqB, GpC, GpD, GvB, EvB, EvC and EvD.
(3) 
Soils which are not, or have a low probability of being, landslide prone shall have a slope no greater than two horizontal to one vertical on its exposed face and shall be safe and stable. A written statement, signed and sealed by a professional engineer registered in the Commonwealth of Pennsylvania specializing in geotechnical engineering shall be submitted with the earth disturbance plan. All soil survey map symbols except those listed above denote soils of a low landslide probability.
B. 
Cut slopes which are steeper than those specified above may be allowed under an earth disturbance permit, provided the following is satisfied:
(1) 
The material in which the excavation is made is sufficiently stable to sustain a slope steeper than the slope specified above for recognized soil conditions on the site. A written statement, signed and sealed by a professional engineer registered in the Commonwealth of Pennsylvania specializing in geotechnical engineering, stating that the steeper slope will have sufficient stability and that the risk of creating a hazard will be miniscule, must be submitted to the Administrator.
(2) 
A retaining wall or other approved support greater than four feet in height designed by a professional engineer and approved by the Administrator and Borough Engineer is provided to support the surface of excavation.
(3) 
Before commencing any excavation which will in any way affect an adjoining property or structures thereon, the person making or causing the excavation to be made shall notify, in writing, the owners of the adjacent property or buildings not less than 30 days before such excavation is to be made that the proposed excavation is to be started. Copies of all such notices shall be supplied to the Administrator. All notices and copies of such notices shall be sent registered mail.
2. 
Standards for Fills.
A. 
No fill slope shall be steeper than two horizontal to one vertical and shall be safe and stable as certified by a professional engineer registered in the Commonwealth of Pennsylvania specializing in geotechnical engineering shall be submitted with the earth disturbance plan. Fill slopes that are steeper than two horizontal to one vertical may be allowed under an earth disturbance permit, provided the following is satisfied:
(1) 
The material in which the fill is created with is sufficiently stable after proper compaction to sustain a slope steeper than the slope specified for recognized soil conditions on the site. A written statement, signed and sealed by a Professional Engineer registered in the Commonwealth of Pennsylvania specializing in geotechnical engineering, stating that the steeper slope will have a sufficient stability and that risk of creating a hazard will be slight, must be submitted to the Borough.
(2) 
A retaining wall or other approved support greater than four in height for the fill slope designed by a professional engineer registered in the Commonwealth of Pennsylvania specializing in geotechnical engineering, and approved by the Administrator and the Borough Engineer is provided to support the fill installed.
(3) 
Before commencing any excavation which will in any way affect an adjoining property or structures thereon, then person making the fill slope shall notify, in writing by registered or certified mail, the owners of the adjacent property(ies) or building(s) not less than 30 days before such construction is to be started. Copies of all such notices shall be supplied to the Administrator. All notices and copies of such notices shall be sent registered mail.
B. 
Whenever a fill is to be made of materials other than clean soil or earth, meeting the requirements of the state and federal clean fill laws, the earth disturbance permit shall be subject to the following additional limitations and requirements:
(1) 
The fill shall be completed within a reasonable length of time as determined by the Engineer and specified on the grading permit.
(2) 
Clean soil or earth shall be placed over the top and exposed surfaces of the fill to a depth sufficient to effectively conceal all materials used in the fill other than clean soil or earth. If the filling operation is intermittent, the Engineer may require that the top and exposed surfaces of the fill be so covered at the completion of each lift.
(3) 
No fill of any kind shall be placed over trees, stumps or other material which would create a nuisance or be susceptible of attracting rodents, termites or other pests.
(4) 
No earth disturbance permit shall be issued for the filling of materials other than clean soil or earth until a performance bond in an amount at least 10% greater than the Borough Engineer's estimated cost of adequately covering such fill with clean soil or earth has been furnished to the Borough. Such bond shall be executed by a corporate surety, as well as by the principal, and shall be subject to the approval of the Borough Solicitor as to form. The bond shall inure to the benefit of the Borough and be conditioned upon the faithful performance of the grading permit to the satisfaction of the Borough Engineer. In lieu of such bond, a cash deposit or a certified check in the same amount may be made with the Borough Treasurer.
(5) 
No fill of any kind shall consist of building materials, broken concrete or asphalt; this does not include millings or air cooled slag, or any other material that would not allow for 95% compaction under normal fill operations.
C. 
Maximum slope steepness of a fill shall be determined as follows:
(1) 
Landslide-prone soils where slopes are greater than 25% shall have fill slopes no steeper than four horizontal to one vertical and shall be safe and stable. A written statement, signed and sealed by a professional engineer registered in the Commonwealth of Pennsylvania specializing in geotechnical engineering shall be submitted with the earth disturbance plan. Soil survey map symbols are: GrE, GqE and GqF.
(2) 
Landslide-prone soils where slopes are less than 25% shall have fill slopes no steeper than three horizontal to one vertical and shall be safe and stable. A written statement, signed and sealed by a professional engineer registered in the Commonwealth of Pennsylvania specializing in geotechnical engineering shall be submitted with the earth disturbance plan. Soil survey map symbols are: UaB, UaC, GpB, GpC, GpD, GvB, GvC, GvD, EvB, EvC and EvD.
D. 
Standards for Compaction of Fills.
(1) 
All fills shall be compacted to provide stability of fill material and to prevent undesirable settlement or slippage.
(2) 
The fill shall be installed in a series of layers, each not exceeding 12 inches in thickness, and each layer shall be compacted by passing a sheep foot roller or other approved equipment across the layer in a minimum of four passes as the layer is spread.
(3) 
Pieces of rock or boulders having thickness of more than six inches or a cross-sectioned area in any plane of more than 1 1/2 square feet shall not be permitted in fills.
(4) 
No fill material that will support combustion shall be permitted.
(5) 
Where fills are placed on any existing slope greater than 5%, the toe of the fill shall be prepared by cutting a bench 10 feet wide on a reverse slope of one vertical to 10 horizontal.
(6) 
For fills higher than 10 feet above the toe of the proposed slope, there shall be constructed benches at eight-foot intervals measured vertically from the base of the fill. Said benches shall be six feet in width and shall have a floor cut to a reverse slope of one vertical to six horizontal.
(7) 
The Borough Engineer, with the approval of the Borough Council, may require tests or other information if, in his opinion, the conditions or materials of fill are such that the additional information is necessary.
3. 
Standards for Alternative Materials Used as Fills.
A. 
The materials used under this section shall include, but not be limited to, beneficial use materials, residual waste materials, bottom ash, fly ash, FGD sludge, coal ash, by-products and compounds of these materials.
B. 
All fills shall meet the requirements set forth by the Pennsylvania Department of Environmental Protection Title 25, Chapters 287, 288, 289, 291, 293, 295, 297 and 299, or latest revisions of the aforementioned chapters, and the Pennsylvania Department of Transportation Publication 408, § 206. The applicant shall obtain all applicable permits from these and/or other governmental agencies prior to final approval.
C. 
The following information is required to be submitted to the Borough prior to the use of the material in a fill:
(1) 
Tests in accordance with ASTM standards shall be performed on the virgin alternative material to be used in a fill prior to any processing to determine pH levels and PCB levels and crystalline forms of silicone dioxide. The results from the RCRA assessment shall be submitted for the material.
(2) 
Tests in accordance with ASTM 0422 testing standards shall be performed on the existing ground upon which the alternative materials are to be installed. The results shall also include pH levels, PCB levels and location of bedrock.
(3) 
Tests and/or tables to obtain the groundwater levels for the seasonal, regional and high water tables, perched water table and location of perched aquifers.
(4) 
Maps or plans indicating the location of wells, perennial streams, intermittent streams, wetlands, dry weather surface water source, wet weather water source and natural or man-made impoundments.
(5) 
Tests in accordance with ASTM testing standards and the EPA requirements to determine existing contaminant levels of these water sources shall be performed and results submitted.
(6) 
Tests in accordance with ASTM testing standards shall be performed on the composite alternative material to be utilized in a fill after processing is completed. The test results shall indicate the pH levels, PCB levels and maximum flashpoint of Maude 25.
(7) 
The composite alternative material shall meet or exceed the standards set forth in the Pennsylvania Department of Transportation Publication 408, § 206, Standards for Embankment Materials.
D. 
All fills under this section shall be installed in a series of uniform layers, each not exceeding two feet in compacted depth. Each of the layers of alternative material shall be separated by a layer of clean fill having a minimum of 12 inches in compacted depth and comported in accordance with the standards set forth in Ord. 622 [Part 1] and any amendments thereof, unless infiltration is prevented by other cover material.
E. 
No fill under this section shall be made with an exposed face which creates a slope steeper than one vertical to 2 1/2 horizontal.
F. 
All fill under this section shall follow the standards set forth in Subsections 4E and 4F of this section.
G. 
All fill material trucked into a proposed project shall follow the following procedures:
(1) 
The exterior of the trucks shall be washed prior to leaving the location from where the virgin alternative material is produced. The beds of the trucks shall be covered and strapped down so that no material can escape the truck bed.
(2) 
The exterior of the trucks shall be washed prior to leaving the location where the composite alternative material is produced. The trucks shall be covered and strapped down so that no material can escape from the truck bed.
(3) 
The exterior and beds of the trucks shall be washed and swept prior to leaving the location where the fill is installed. The trucks shall be covered so that no material can be blown out of the truck bed.
(4) 
The streets exiting the location where the alternative materials are processed and entering the site where the fill is being installed shall be bonded. If these roads are maintained by the Pennsylvania Department of Transportation, all applicable permits for the transportation of this material and the cleaning of the roads shall be obtained by the developer.
H. 
Tests for compaction and dry weight intensity in accordance with the standards set forth in the Pennsylvania Department of Transportation Publication 408 shall be completed on all layers of the alternative material prior to installing the layer of clean fill.
I. 
All tests required for the proposed use of an alternative material shall be signed and sealed by a registered geotechnical engineer.
J. 
The land application of residual waste may not be conducted within 300 feet, measured horizontally, from an occupied dwelling unless the owner thereof has provided a written waiver consenting to the activities closer than 300 feet. The waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner.
[Ord. 767, 3/14/2005, § 216]
1. 
If a retaining wall is constructed to satisfy a requirement of this Part, a building permit, as provided for by other Municipal regulations, shall not be required. The earth disturbance permit will apply to the retaining wall, and the requirements for inspections, etc., as stated herein will be complied with.
2. 
Retaining walls must be constructed in accordance with sound engineering practice. The plans submitted for approval shall bear the seal of a professional engineer registered in the Commonwealth of Pennsylvania.
3. 
The backfilling of retaining walls and the insertion of subterranean drainage facilities shall be installed in accordance with the design engineer's recommendations and plans and provide positive drainage away from the slope and wall.
4. 
In general, where a wall is replacing an exposed slope, the vertical face of the wall shall be five feet zero inches back from the adjoining property.
A. 
A waiver to this requirement may be applied for and granted by the Administrator if it can be satisfactorily demonstrated that such a variance is necessary to ensure normal use of the property, i.e., for a side-line driveway.
B. 
The requirement of this subsection may also be waived when the proposed retaining wall is a joint venture between adjacent property owners and appropriate documents so stating are filed with the application for the permit.
[Ord. 767, 3/14/2005, § 217]
1. 
Adequate provisions shall be made to prevent any surface waters from damaging:
A. 
The cut face of an excavation.
B. 
The sloping surface of a fill.
C. 
Adjacent property affected by the change in the existing natural runoff.
2. 
Excavations cut at the normal one vertical to 1 1/2 horizontal and deeper than 10 feet for the top of the cut shall have six-foot-wide benches installed at ten-foot intervals measured from the top. Said benches shall have reverse floor slopes of one vertical to six horizontal.
3. 
Excavation cut at slopes in excess of one vertical to 1 1/2 horizontal and deeper than 10 feet from the top of the cut shall have similar benches installed at eight-foot intervals measured from the top.
4. 
All drainage provisions shall be of such a design to carry surface waters to the nearest practical street storm sewer or natural watercourse, as approved by the Engineer as a safe place to deposit and receive such waters.
5. 
The Borough Engineer shall require such drainage structures or pipes to be constructed or installed as may be necessary to prevent erosion and damage and to satisfactorily carry off accumulated surface waters.
6. 
Constructed benches in fills or cuts or at the top of slopes shall have horizontal gradients of at least 2% for the purpose of carrying off surface waters.
7. 
To prevent erosion, the planting of sod, shrubs or other vegetation shall be required on all slopes.
[Ord. 767, 3/14/2005, § 218]
1. 
No regulated earth disturbance activities within the Municipality shall commence until approval by the Borough of a plan which demonstrates compliance with state water quality requirements after construction is complete. An operation and maintenance post-development stormwater plan must be submitted to the municipality prior to final approval.
2. 
The Best Management Practices (BMPs) must be designed to protect and maintain existing uses (e.g., drinking water use; cold water fishery use) and maintain the level of water quality necessary to protect those uses in all streams, and to protect and maintain water quality in special protection streams, as required by statewide regulations at 25 Pa. Code Chapter 93 (collectively referred to herein as "state water quality requirements").
3. 
To control post-construction stormwater impacts from regulated earth disturbance activities, state water quality requirements can be met by BMPs, including site design, which provide for replication of preconstruction stormwater infiltration and runoff conditions, so that post-construction stormwater discharges do not degrade the physical, chemical or biological characteristics of the receiving waters. As described in the DEP Comprehensive Stormwater Management Policy (#392-0300-002, September 28, 2002), this may be achieved by the following:
A. 
Infiltration: replication of preconstruction stormwater infiltration conditions;
B. 
Treatment: use of water quality treatment BMPs to ensure filtering out of chemical and physical pollutants from the stormwater runoff; and
C. 
Stream bank and streambed protection: management of volume and rate of post-construction stormwater discharges to prevent physical degradation of receiving waters (e.g., from scouring and erosion).
4. 
PADEP has regulations that require municipalities to ensure design, implementation and maintenance of best management practices (BMPs) that control runoff from new development and redevelopment (hereinafter "development") after regulated earth disturbance activities are complete. These requirements include the need to implement post-construction stormwater BMPs with assurance of long-term operations and maintenance of those BMPs.
5. 
Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate DEP regional office or county conservation district must be provided to the Borough. The issuance of an NPDES construction permit [or permit coverage under the statewide general permit (PAG-2)] satisfies the requirements of Subsection 1.
[Ord. 767, 3/14/2005, § 219]
1. 
The owner of any property on which an earth disturbance activity has been completed shall maintain in good condition and repair the earth disturbance activity permitted and also all retaining walls, cribbing, drainage structures, fences, ground cover and any other protective devices as may be a part of the permit requirements.
2. 
If, at any time subsequent to the completion of the earth disturbance activities, the cut face or fill slope show signs of deterioration, erosion or other evidence which might be detrimental to the adjacent properties, the Administrator or Borough Engineer may direct the property owner to take whatever necessary remedial steps are deemed necessary to restore the grading area to a safe condition and to do so in a reasonable period of time.
3. 
If, after such notification the property owner has not made the necessary repairs within the allotted time, then the Borough Council may direct Borough employees or contractor to make the required repairs and the cost thereof shall be borne by the property owner by a lien filed as provided by law.
[Ord. 767, 3/14/2005, § 220]
1. 
The top and/or bottom edge of all cut or fill slopes shall be at least five feet from the adjacent property lines or street right-of-way lines in order to permit the normal rounding of the edge without encroaching on the abutting property or street.
2. 
At the top of all cut or fill slopes which are in excess of 1 1/2 horizontal to one vertical and six or more feet in total height, a fence not less than four feet in height and of a design meeting the Borough standards shall be erected.
3. 
The owner of the property being graded shall be responsible to protect and clean up lower properties of silt and debris which have washed down onto the lower properties as a result of the grading work on the higher property.
4. 
In order to prevent the denuding of the landscape, wherever practicable, large trees and other natural features constituting important physical, aesthetic and economic assets to existing or impending development work shall be preserved.
[Ord. 767, 3/14/2005, § 221]
Neither the issuance of a permit under the provisions of this Part nor the compliance with the provisions hereof or with any condition imposed by the Administrator or Borough Engineer hereunder shall relieve any person from responsibility for damage to persons or property resulting therefrom or as otherwise imposed by law, nor impose any liability upon the Borough for damages to persons or property.
[Ord. 767, 3/14/2005, § 222]
1. 
Whenever the Borough finds that a person has violated a prohibition or failed to meet a requirement of this Part, the Borough may order compliance by written notice to the responsible person as prepared by the Administrator. Such notice may require without limitation:
A. 
The performance of monitoring, analyses, and reporting.
B. 
The elimination of prohibited discharges;
C. 
Cessation of any violating discharges, practices, or operations;
D. 
The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
E. 
Payment of a fine to cover administrative and remediation costs;
F. 
The implementation of stormwater BMPs; and
G. 
Operation and maintenance of stormwater BMPs.
2. 
The violation of any provision of this Part is hereby deemed a "public nuisance."
3. 
Any building, land development or other permit or approval for regulated earth disturbance activities issued by the Borough may be suspended or revoked by the governing body for:
A. 
Noncompliance with or failure to implement any provision of the permit,
B. 
A violation of any provision of this Part, or
C. 
The creation of any condition or the commission of any act during construction or development which constitutes or creates a hazard or nuisance, pollution or which endangers the life or property of others.
[Ord. 767, 3/14/2005, § 223]
1. 
No person shall create earth disturbance activities, including, but not limited to, the construction, enlargement, alteration, repair or maintenance of any excavation or fill or cause the same to be done contrary to or in violation of any provision of this Part. When written notice of violation of any of the provisions of this Part has been served by the Administrator, such violation shall be discontinued immediately.
2. 
Any person, firm or corporation violating any of the provisions of this Part shall, upon conviction thereof, 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 30 days; provided that, whenever such person shall have been notified by the Administrator by service of summons in a prosecution or in any other way that he is committing such violation of this Part, each day's violation shall constitute a separate offense and notice to the offender shall not be necessary in order to constitute an offense. In the event that such claims for fines and penalties exceed the monetary jurisdiction of a Magisterial District Judge as set forth in the Pennsylvania Judicial Code (relating to jurisdiction and venue), exclusive of interest, costs or other fees, the Borough may bring such action in the Court of Common Pleas or may, pursuant to the Pennsylvania Judicial Code, waive that portion of fines or penalties that exceeds the monetary jurisdictional limits so as to bring the matter within the monetary jurisdiction of the Magisterial District Judge.
[Amended by Ord. 844, 9/8/2014]
[Ord. 767, 3/14/2005, § 224]
In case any work is performed by any person in violation of any of the provisions of this Part, the proper officer of the Borough, in addition to other remedies, may institute in the name of the Borough any appropriate action or proceeding, whether by legal process or otherwise, to prevent such unlawful work and to restrain or abate such violation.