[HISTORY: Adopted by the Borough Council of the Borough of
Slippery Rock as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-2-1984 by Ord. No. 329 (Ch. 9, Part 1, of the
1983 Code)]
This article is enacted pursuant to standards of Title 25, Rules
and Regulations, Part I, Department of Environmental Protection, Subpart
C, Protection of Natural Resources, Article II, Water Resources, Chapter
102, Erosion and Sediment Control, and the Pennsylvania "Storm Water
Management Act" (1978, Oct. 4, P.L. 864, 32 P.S. § 680.1
et seq.) and regulations promulgated pursuant thereto and is designed
to comply with affirmative requirements imposed on municipalities
by said authority, and the purpose hereof is to regulate the modification
of natural terrain, the alteration of drainage, and to provide for
certain erosion, sedimentation and surface water runoff control and
containment within the Borough of Slippery Rock, Butler County, Pennsylvania.
From and after the effective date of this article, any building permit issued pursuant to Chapter 350, Subdivision and Land Development, of the Code of the Borough of Slippery Rock or separate grading permit issued pursuant to provisions hereof shall require conformance with this article as part of the terms and conditions. In the event of a conflict between this article and floodplain regulations, the floodplain regulation shall prevail.
The following terms, as used in this article, shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
An azonal great group of soils, developed from transported
and relatively recently deposited material (alluvium), characterized
by a weak modification (or none) of the original material by soil-forming
processes.
Process of earthmoving by excavating part of an area and/or
using excavated material for embankments of fill areas.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
A general but temporary condition of partial or complete
inundation of normally dry land area from the overflow of streams,
rivers or other waters of this commonwealth.
The one-hundred-year floodway and that maximum area of land
that is likely to be flooded by a one-hundred-year flood, as shown
on the floodplain maps.
The slope of a road, channel, or natural ground;
The finished surface of a canal bed, roadbed, top of embankment,
or bottom of excavation; any surface prepared for the support of construction
like paving or laying a conduit;
To finish the surface of a canal bed, roadbed, top of embankment,
or bottom or excavation.
Any structure or assembly of materials, including fill, above
or below the surface of land or water and an activity which might
impede, retard, or change flood flows. The planting, cultivation,
the harvesting of field and orchard crops or the grazing of livestock,
including the maintenance of necessary appurtenant agricultural fencing,
shall not be considered an obstruction under this definition and shall
not be subject to regulation under this article.
The highest level of flooding that on the average is likely
to occur every 100 years, that is, that has a one-percent chance of
occurring each year.
The one-hundred-year floodway and that maximum area of land
that is likely to be flooded by a one-hundred-year flood as shown
on the floodplain maps provided by FEMA to the municipality.
That portion of the precipitation on a drainage area or watershed
that is discharged from the area in stream channels; types include
surface runoff, groundwater runoff, or seepage.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water, gravity, or ice and has come to rest on the earth's
surface either above or below sea level.
Degree of deviation of a surface from the horizontal, usually
expressed in percent or degrees.
A condition of the soil, referring to the frequency and duration
of periods when the soil is free of saturation.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started, or,
if the structure has been damaged and is being restored, before the
damage occurred. For the purpose of this definition, substantial improvement
is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either any project for improvement
of a structure to comply with the existing state or local health,
sanitary or safety code specifications which are solely necessary
to assure safe living conditions or any alteration to a structure
listed on the National Register of Historic Places or the State Inventory
of Historic Places.
A natural drainage route or channel for the flow of water.
The entire region or area drained by a river or other body
of water, whether natural or artificial.
A plan for stormwater management adopted by a county in accord
with the requirements of the Storm Water Management Act.[1]
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
Whenever the landscape is to be permanently disturbed as to
either contours, soil or slope characteristics, or vegetation or any
ground cover is to be permanently removed, a plan is required showing
how resulting erosion and sediment shall be controlled. This plan
shall include the following:
The following activities require a grading permit:
A.
Modifying, disturbing, blocking, diverting or otherwise adversely
affecting the natural overland or subsurface flow of stormwater;
B.
Construction, erection, or installation of any drainage dam, ditch,
culvert, drainpipe, bridge or any other structure or obstruction affecting
the drainage of any premises;
C.
Paving, filling, stripping, excavating, grading and regrading of
any land;
D.
Disturbing the landscape, vegetation or any ground cover by any proposal
involving an area in excess of 25,000 square feet.
The following activities require no grading permit:
A.
Improvements, such as erection of retaining walls, driveway paving,
minor regrading or activities on a property which do not adversely
affect the natural overland or subsurface flow of stormwater, drainage
of any premises, or adversely disturb the landscape, in a gross area
of up to 25,000 square feet on any one property.
B.
Farming, gardening, or lawn restoration, but not including sod farming.
A.
Any person, firm or corporation proposing to engage in an activity
requiring a grading permit hereunder shall apply by the submission
of a plan.
C.
A separate plan shall be required for each grading permit.
D.
Five copies of the proposed plan, including specifications and development
schedules, shall be submitted to the Borough Administrator/Secretary
for a grading permit. The Borough Administrator/Secretary shall forward
one copy of the plan to the Planning Commission, one copy to the Borough
Engineer and one copy to the Zoning Officer.
The plan for a grading permit shall include:
A.
A valid boundary line survey of the site on which the work is to
be performed;
B.
A description of the features, existing and proposed, surrounding
the site which are of importance to the proposed development;
C.
A plan of the general topography (including drainage) and soil conditions
on the site (latter available through the County Conservation District);
D.
The location and a description of existing and future man-made features
of importance to the proposed development (i.e., cuts and/or fills,
buildings, roads, and driveways);
E.
Plans and specifications of soil erosion and sediment control measures
in accordance with standards and specifications of the Borough of
Slippery Rock and the County Conversation District;
F.
A development schedule indicating the anticipated starting and completion
dates of the development sequence and the time of exposure of each
area prior to the completion of effective erosion and sediment control
measures.
In addition to the requirements aforesaid, and where deemed
necessary by the Borough Engineer and the Planning Commission, the
applicant shall submit, with the plan, a detailed stormwater management
plan prepared by a registered professional engineer qualified in hydrology
in the commonwealth. This plan shall include:
A.
A plan of the property showing the location of all present and proposed
ditches, streams, pipes and other drainage structures, and proposed
cuts and/or fills. In addition to showing present elevations and dimensions,
and location and extent of all proposed grading and/or drainage, the
plan shall clearly indicate all woodlands, buildings, parking areas
and driveways. Further, the plan shall indicate the present and proposed
sources, storage and disposition of water being channeled through
or across the premises, together with elevations, gradients, and maximum
flow rates. The plan shall describe the work to be performed and disposition
of cut and/or fill, the materials to be used and the manner or method
of performance, including provisions for protecting and maintaining
existing drainage facilities, whether on public or private property.
The applicant shall also supply the supporting data for the plan as
developed by the Engineer.
B.
Calculations to determine runoff, which shall be based on the Soil-Cover
Complex Method, a description of which is available from the USDA
Natural Resources Conservation Service and outlined in the "Erosion
and Sediment Control Handbook, Butler, Pennsylvania."
(1)
The design criteria for storm sewer piping on inlet systems within
a subdivision being developed shall be designed for a twenty-five-year
frequency storm; culverts across roadways shall be designed for a
fifty-year frequency storm; open watercourses or swales shall be designed
for a one-hundred-year frequency storm as prescribed in accordance
with the following:
(a)
The coefficient of runoff used for all areas upstream of any
drainage structure shall be computed on the basis of existing land
use and the projected land use described and shown on the Slippery
Rock Borough Comprehensive Plan and adjacent municipalities'
Comprehensive Plans, where applicable.
(2)
The following provisions apply to the carrying and disposal of stormwater
runoff:
(a)
All drainage facilities shall be designed to carry surface water
in such a manner as to prevent erosion or overflow.
(b)
The applicant shall agree to the granting and recording of easements
covering the installation and maintenance of drainage facilities.
(c)
The rate of runoff shall be no greater during and after a one-hundred-year
frequency storm when the development is completed than which existed
before the development began, and appropriate measurements of calculations
shall be provided to verify such provisions.
C.
A soils investigation report, if load-bearing fill is proposed, which
shall consist of test borings, laboratory testings and engineering
analysis to correlate surface and subsurface conditions with the proposed
grading plan. The results of the investigation shall be presented
in a report by a registered professional soils engineer and shall
include data regarding the nature, distribution and supporting ability
of existing soils and rocks on the site, conclusions and recommendations
to insure stable soil conditions and groundwater control as applicable.
Slippery Rock Borough may require such supplemental reports and data
as is deemed necessary by the Borough Engineer. Recommendations included
in such reports and approved by the Borough Engineer shall be incorporated
in the plan or specifications. In addition:
(1)
Fills toeing out on natural slopes steeper than four horizontal to
one vertical shall not be made unless a report is received which is
deemed acceptable by the Borough Engineer and approved by the Borough
Council. The report shall be made by a registered professional soils
engineer certifying that he has investigated the property, made solid
tests and that in his opinion such steeper slopes will safely support
the proposed fill.
(2)
Natural and/or existing slopes exceeding five horizontal to one vertical
shall be benched or continuously stepped into competent materials
prior to placing all classes of fill.
A.
The degree of flood protection sought by the provisions of this article
is reasonable for regulatory purposes and is based on acceptable engineering
methods of study. Larger floods may occur and flood heights may be
increased by man-made or natural causes. The issuance of a permit
under this article does not imply that areas outside of the floodplain
areas will be free from flooding, nor does it imply that the regulations
regarding stormwater management will insure any property will be free
from water damage.
B.
Neither this article nor the issuance of a permit hereunder shall
create liability on the part of Slippery Rock Borough or any officer
or employee for any flood or water damage, and the issuance of a building
permit, or any considerations thereunder, may not be relied upon to
assess liability against the Borough, nor may it be asserted as a
defense in an action by a third party for damages caused by the applicant.
A.
When a building permit is requested by an applicant and the Zoning
Officer or Borough Engineer clearly determines that the proposed construction
will not affect stormwater runoff characteristics and is consistent
with the applicable provisions of the watershed stormwater plan adopted
by the county and that the proposed construction is not in a floodplain
area, the Zoning Officer may process the application without further
reference to the provisions and requirements of this article.
B.
In the event it is determined that there are surface water characteristics
which must be considered, the surface water management provisions
of this article must be complied with. In addition, if it is determined
that the proposed construction or development is in a floodplain area,
that ordinance must be considered.
The application shall contain a statement of indemnity by the
applicant wherein the owner or developer/owner legally agrees to hold
the Borough harmless from any and all liability relating to flood
damage or loss, or from loss relating to storm drainage systems and
their discharge during construction of the system and thereafter.
A.
Initial determination.
(1)
If, at the time of completing an application for a building permit, it is determined that the development or construction will affect the surface water or stormwater characteristics as in § 309-11, Stormwater management considerations, above, it shall then be determined if an individual stormwater management plan shall be required as part of the building permit application.
(2)
Where no individual stormwater management plan is required by reason
of the exclusions set forth in this article, the Zoning Officer shall
make a proper notation on the building permit application and shall
process the application without further reference to stormwater management
considerations.
(3)
Where an individual stormwater management plan is required as part
of the building permit application, it shall be submitted in accordance
with the following requirements:
(a)
Stormwater management plan dispute. Where there is a dispute
as to whether or not an individual stormwater management plan is required,
the issue shall be presented to the Borough Council at the next regular
meeting, which shall determine pursuant to its sole and exclusive
authority as reserved in this article whether a plan must be submitted
as a part of the application for a building permit.
(b)
Preparation of an individual stormwater management plan. Where
an individual stormwater management plan is required, it shall be
prepared in accordance with the specifications and standards set forth
in this article, or in any technical bulletin or release adopted by
reference by this article. Such adoption shall be by resolution.
(c)
Submission of an individual stormwater management plan. The
complete individual stormwater management plan shall first be submitted
to the Butler County Conservation District for review. The Conservation
District, or the developer, shall return a certified copy of the plan
containing any changes, recommendations or modifications of the Borough
with the review, findings and/or approval or disapproval to be filed
with the application for a permit. Concurrently, a copy of the plan
shall be submitted to the Butler County Planning Commission for review
and recommendations. All such reviews shall be completed and returned
to the Borough within 30 days.
(d)
Presentation of complete application.
[1]
Upon filing of the certified plan and approval letter, the building
permit shall be deemed complete and shall be presented to the Borough
Council at the next regular meeting for action. Provided all other
matters are in order and in compliance with the provisions of this
article or any other ordinance and the proper fee has been paid, the
Borough Council shall authorize the issuance of a building permit
by the Township.
[2]
The certified plan, together with any conditions or changes
noted thereon, and the approval letter or report from the Butler County
Conservation District and the recommendations of the Butler County
Planning Commission must be filed with the application and shall become
part of the permit.
B.
Designation of review agency.
(1)
The Borough hereby designates the Butler County Conservation District
and the Butler County Planning Commission as the official reviewing
agencies of the Borough for the individual stormwater management plans.
(2)
The designated reviewing agency shall have the authority to review
all stormwater management plans, note required changes, suggest conditions
to be imposed and do all other things that the Borough may by law
require. The reviewing agency may also recommend approval or disapproval
of a plan.
(3)
The designated reviewing agency shall be required to apply the standards
and procedures as adopted by this article.
C.
Standards.
(1)
Adoption by reference. Slippery Rock Borough adopts by reference
the provisions of "Urban Hydrology for Small Watersheds, Technical
Release No. 55," prepared by the Engineering Division of the Natural
Resources Conservation Service of the United States Department of
Agriculture, and any amendments thereto in the future, as if said
document was more fully and completely set forth herein.
D.
Local standards.
(1)
The stormwater management plan required under this article shall
be designed to secure the release of runoff at a rate equal to the
runoff from a ten-year, twenty-four-hour predevelopment storm and
must provide sufficient capacity to store the runoff from a twenty-five-year,
twenty-four-hour storm.
(2)
When an impoundment for retention purposes is designed, the emergency
spillway capacity shall be sized to accommodate a fifty-year flood.
E.
Exclusions.
(1)
Specific exclusions. An individual stormwater management plan shall
not be required when:
(a)
The building is an individual lot owner constructing a single-family
dwelling unit for his own use and the lot to be developed fronts on
an existing public road of record and the owner executes an indemnity
agreement holding the Borough harmless.
(b)
The total land to be developed by individual owners/buildings
does not exceed five contiguous lots, all of which front on an existing
public road of record and the subdivision meets all other requirements
as set forth in the ordinances. Additional contiguous lots in excess
of five may be subdivided without formal stormwater management control
facilities with special permit when, in the opinion of the Borough
Engineer, runoff generated from the proposed development will not
be in excess of a maximum allowable protection for downstream developed
and undeveloped lands and waterways. The maximum number of lots so
subdivided shall be 15.
(2)
General conditions. The land area coverage of any individual lot
as contemplated aforesaid, when duly developed according to the plan
submitted, shall not exceed the following maximum values:
(a)
Principal structure: 15%.
(b)
Driveways, porches, garages and appurtenances: 10% of lot area.
(c)
The remaining undeveloped portion of any individual lot shall
have a land surface condition comparable to or less than ground runoff
curve numbers of 75 (meadowland) according to Tables 2-1 and 2-2 of
Technical Release No. 55, United States Department of Agriculture
Natural Resources Conservation Service, January 1975, as amended.
Upon the approval of the plan by the Borough Engineer, the Zoning
Officer shall issue the necessary grading permit.
A.
Notwithstanding any provision of this article or any condition of
the grading permit, the permittee is responsible for the prevention
of damage to other property or personal injury which may be affected
by the activity requiring a grading permit.
B.
No person, firm or corporation shall modify, fill, excavate, pave,
grade, or regrade land in any manner so close to a property line as
to endanger or damage any adjoining street, alley, or any other public
or private property without supporting and protecting such property
from settling, cracking, erosion, sediment, flooding, or any other
physical damage or personal injury which might result.
C.
No person, firm or corporation shall deposit or place any debris
or any other material whatsoever, or cause such to be thrown or placed,
in any drainage ditch or drainage structure in such a manner as to
obstruct free flow.
D.
No person, firm or corporation shall fail to adequately maintain
in good operating order any drainage facility on his premises. All
drainage ditches, culverts, drainpipes, and drainage structures shall
be kept open and freeflowing at all times.
E.
The owner of any property on which any work has been done pursuant
to a grading permit granted under this article shall continuously
maintain and repair all graded surfaces and anti-erosion devices,
retaining walls, drainage structures or means and other protective
devices, plantings and ground cover, installed or completed. The Borough
is responsible for maintenance and repair within the right-of-way
of municipal roads.
F.
All graded surfaces shall be permanently seeded, sodded and/or planted
or otherwise protected from erosion within 30 days, weather permitting,
and shall be tended and/or maintained until growth is well established.
The disturbed area and duration of exposure shall be kept to a minimum
using temporary erosion and sediment control measures immediately,
as outlined in the "Erosion and Sediment Control Handbook, Butler,
Pennsylvania."
G.
All trees in an area of extreme grade change shall be protected with
suitable tree wells, unless the necessity for removal is established.
Precautions shall be taken to prevent the unnecessary removal of trees.
H.
When required, adequate provisions shall be made for dust-control
measures as are deemed acceptable by the Borough Engineer.
I.
All plans and specifications submitted for a grading permit shall
include provisions for both interim (temporary) and ultimate (permanent)
erosion and sediment control. The design, installation and maintenance
of erosion and sediment control measures shall be accomplished in
accordance with standards and specifications established by the County
Soil Conservation District, as adopted from standards and specifications
of the United States Natural Resources Conservation Service, and as
outlined in the "Erosion and Sediment Control Handbook, Butler, Pennsylvania."
(1)
Technical standards for the design and installation of erosion and
sediment control measures are on file with the Borough, the office
of the County Conservation District and other governmental agency
offices.
(2)
Standards and specifications adopted for the purpose of this article
and by the County Conservation District include, but are not limited
by, the following basic conservation measures:
(a)
Temporary cover on critical areas;
(b)
Permanent grass and legume cover for critical areas on prepared
seedbed;
(c)
Permanent grass and legume cover for critical areas on unprepared
seedbed;
(d)
Sodding;
(e)
Mulching;
(f)
Temporary diversion;
(g)
Permanent diversion;
(h)
Grassed waterway or outlet;
(i)
Grade stabilization structure;
(j)
Debris basin;
(k)
Drain; and
(l)
Drainage, mains or laterals.
J.
A quality control program is critical for fills; therefore, wherever
fill material is to be used, the person, firm or corporation shall
be responsible for testing to determine its dry density as per ASTM
D1556. The density of each layer shall not be less than 95% of maximum
density as determined by ASTM D1557.
A.
All inspections shall be the responsibility of the Borough Engineer,
or, in his absence, a qualified person acceptable to the Borough Engineer
and the Borough.
B.
Inspections will be carried out on a random basis, except as stated
below. However, a set of as-built plans shall be on file at the site
and authenticated by a registered professional engineer. When it is
deemed acceptable to the Borough Engineer, a designated qualified
person may authenticate the as-built plans and will assume full responsibility
for the quality of work.
C.
Any and all as-built plans shall be available on the site at all
times and be subject to inspection and inquiry.
D.
Engineering check notes shall accompany all as-built plans which
involve structural or mechanical measures and shall serve as supporting
evidence that structures meet design standards and specifications
specified herein.
E.
A final inspection shall be conducted by the Borough Engineer to
certify compliance with this article. Satisfactory compliance with
this article shall be necessary before issuance of an occupancy or
use permit.
Permittees shall bear all costs of inspections required or permitted
hereunder and shall deposit with the Borough such sum as the Borough
shall determine to guarantee payment of the costs of such inspections.
The costs of inspections shall be in accordance with the established
schedule of fees and collection procedure for matters pertaining to
this article.
The fee for a grading permit shall be fixed by resolution of
the Borough from time to time.
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $300 and/or to undergo imprisonment for a
term not exceeding 90 days. Each day that a violation of this article
continues shall constitute a separate offense.
In addition to the penalties as set forth in § 309-19, any movement of the landscape, vegetation, or any ground cover performed in violation of this article shall be restored to its previous condition, including replacement of excavating earth, removal of illegally placed fill, and restoration of grades and planting.
This article shall become effective on November 2, 1984.
