[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:
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.
The person or persons appointed by the Borough Council to
manage this Part.
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.
The natural rock layer, hard or soft, in place at ground
surface or beneath unconsolidated surficial deposits.
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.
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.
The Borough of Jefferson Hills, Allegheny County, Pennsylvania.
The appointed professional engineer of the Borough.
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.
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.
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.
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.
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 of Pennsylvania.
Pennsylvania Department of Environmental Protection.
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.
A permit issued by the Borough which allows earth disturbance.
A person licensed by the Commonwealth of Pennsylvania to
practice engineering and who is knowledgeable in the branch of geotechnical
engineering.
A person licensed by the Commonwealth of Pennsylvania to
practice engineering and who is knowledgeable in the branch of civil
engineering.
The process by which the surface of the land, including channels,
is worn away by water, wind or chemical action.
A plan for the project site which identifies BMPs to minimize
accelerated erosion and sedimentation.
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.
A by-product produced during the combustion of coal and is
considered by the Pennsylvania Department of Environmental Protection
as a residual waste.
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.
The Council of the Borough.
The elevation of the existing ground surface at the location
of any proposed excavation or fill.
Excavation or fill or any combination thereof, and includes
the conditions resulting from any excavation or fill.
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.
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.
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
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.
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.
A subdivision of land.
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.
A chemical substance that is limited to the biphenyl molecule
that has been chlorinated to varying degrees or a substance which
contains that substance.
An aquifer that is separated from an underlying aquifer by
an unsaturated zone.
The water table of a perched aquifer.
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.
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.
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.
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.
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.
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.
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.
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.
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.
A person registered by the Commonwealth of Pennsylvania as
a professional engineer and who has training and experience in the
branch of soils engineering.
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.
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.
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.
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.
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.
The site or location of a well, spring or water supply stream
intake which is used for human consumption.
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.
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.
(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.
(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]
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.
