[Ord. 995, 12/10/2003]
This Part shall be known and may be cited as the "Soil Erosion,
Sedimentation and Grading Control Ordinance," implementing Title 25,
Rules and Regulations, Part I, Commonwealth of Pennsylvania, Department
of Environmental Protection, Subpart C, Protection of Natural Protection,
Article II, Water Protection, Chapter 102, "Erosion Control."
[Ord. 995, 12/10/2003]
The purposes of this Part are to regulate the modification of
the natural terrain, the alteration of drainage, and to provide for
certain erosion and sediment control measures within the Borough to
assure and safeguard health, safety, ecology and the general welfare
in the Borough.
[Ord. 995, 12/10/2003]
From and after the effective date of this Part, any subdivision and/or land development approved under the Subdivision and Land Development [Chapter 22] or Zoning Ordinances [Chapter 27], or activity qualified under §§ 9-105 and 9-106, herein shall be in conformity with this Part. In the event of a conflict between this Part and floodplain regulations, the floodplain regulations shall take precedence.
[Ord. 995, 12/10/2003]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
An agonal great group of soils, developed from transported
and relatively recently deposited material (alluvium), characterized
by a weak modification (or none) of the original material by soil-forming
processes.
Process of earthmoving by excavating part of an area and/or
using excavated material for embankments or fill areas.
The slope of a road, channel, or natural ground.
The finished surface of a canal bed, roadbed, top of embankment,
or bottom of excavation; any surface prepared for the support of construction
like paving or laying a conduit.
To finish the surface of a canal bed, roadbed, top of embankment,
or bottom of excavation.
That portion of the precipitation on a drainage area or watershed
that is discharged from the are in stream channels; types include
surface runoff, groundwater runoff, or seepage.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water, gravity, or ice and has come to rest on the earth's
surface either above or below sea level.
Degree of deviation of a surface from the horizontal usually
expressed in percent or degrees.
A condition of the soil, referring to the frequency and duration
of periods when the soil is free of saturation.
A natural drainage route or channel for the flow of water.
[Ord. 995, 12/10/2003]
1.
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:
[Ord. 995, 12/10/2003]
1.
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, drain pipe, bridge or any other structure or obstruction
affecting the drainage of any premises.
C.
Paving, filling, stripping, excavating, grading or regrading of any
land.
D.
Disturbing the landscape, vegetation or any ground cover by any proposal
involving an area in excess of 5,000 square feet.
[Ord. 995, 12/10/2003]
1.
The following activities require no grading permit:
A.
Improvements, such as erection of retaining walls, driveway paving,
minor regrading or activities on a property which do not adversely
affect the natural overland or subsurface flow of stormwater, drainage
of any premises, or adversely disturb the landscape, in a gross area
of up to 25 acres on any one property.
B.
Farming, gardening, or law restoration, but not including sod farming.
[Ord. 995, 12/10/2003]
1.
Any person, firm or corporation proposing to engage in an activity
requiring a grading permit hereunder shall apply by the submission
of a plan.
3.
A separate plan shall be required for each grading permit.
4.
Five copies of the proposed plan, including specifications and development
schedules shall be submitted to the Borough Code Official/Building
Inspector for a grading permit. The Borough Code Official/Building
Inspector shall forward one copy of the plan to the Borough Manager
and one copy to the Borough Engineer.
5.
The plan for a grading permit shall be accompanied by a fee established
from time to time by Resolution of Borough Council.
[Ord. 995, 12/10/2003]
1.
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 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 and
the County Conservation District.
F.
A development schedule indicating the anticipated starting and completion
dates of the development sequence and the time of exposure of each
area prior the completion of effective erosion and sediment control
measures.
[Ord. 995, 12/10/2003]
1.
In addition to the requirements of § 9-109, and where deemed necessary by the Borough Engineer or the Borough Council, the applicant shall submit with the plan a detailed drainage study prepared by a registered professional engineer qualified in hydrology in the Commonwealth. This study shall include:
A.
A plan of the property showing the location of all present and proposed
ditches, streams, pipes and other drainage structures, and proposed
cuts and/or fills. In addition to showing present elevations and dimensions,
and location and extent of all proposed grading and/or drainage, the
plan shall clearly indicate all woodlands, buildings, parking areas
and driveways. Further, the plan shall indicate the present and proposed
sources, storage and disposition of water being channeled through
or across the premises, together with elevations, gradients, and maximum
flow rates. The plan shall describe the work to be performed and disposition
of cut and/or fill, the materials to be used and the manner or method
of performance including provisions for protecting and maintaining
existing drainage facilities whether on public or private property.
The applicant shall also supply the supporting data for the plan as
developed by the engineer.
B.
Calculations to determine runoff, which shall be based on the Soil-Cover
Complex Method, a description of which is available from the USDA
Soil Conservation Service and outlined in the "Erosion and Sediment
Control Handbook, Allegheny County, Pennsylvania."
(1)
The design criteria for storm sewer piping on inlet systems
within a subdivisions 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 up-stream of any
drainage structure shall be computed on the basis of existing land
use and the projected land use described and shown on the 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 that 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 ground water control as applicable.
The 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 soils
tests and that in his opinion such steeper slopes will safely support
the proposed fill.
(2)
Natural and/or existing slopes exceeding five horizontal to
one vertical shall be benched or continuously stepped into competent
materials prior to placing all classes of fill.
[Ord. 995, 12/10/2003]
Upon the approval of the plan by the Borough Engineer, the Code
Official/Building Inspector shall issue the necessary grading permit.
[Ord. 995, 12/10/2003]
1.
Notwithstanding any provision of this Part or any condition of the
grading permit, the permittee is responsible for the prevention of
damage to other property, or personal injury, which may be effected
by the activity requiring a grading permit.
2.
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.
3.
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.
4.
No person, firm, or corporation shall fail to adequately maintain,
in good operating order, any drainage facility on his premises. All
drainage ditches, culverts, drain pipes, and drainage structures shall
be kept open and free-flowing at all times.
5.
The owner of any property on which any work has been done pursuant
to a grading permit granted under this Part 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.
6.
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, Allegheny
County, Pennsylvania."
7.
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.
8.
When required, adequate provisions shall be made for dust control
measures as are deemed acceptable by the Borough Engineer.
9.
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
Soil Conservation Service, and as outlined in the "Erosion and Sediment
Control Handbook, Allegheny County, Pennsylvania."
A.
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.
B.
Standards and specifications adopted for the purposes of this Part
and by the County Conservation District include, but are not limited
to, the following basic conservation measures:
(1)
Temporary cover on critical areas.
(2)
Permanent grass and legume cover for critical areas on prepared
seedbed.
(3)
Permanent grass and legume cover for critical areas on unprepared
seedbed.
(4)
Sodding.
(5)
Mulching.
(6)
Temporary diversion.
(7)
Permanent diversion.
(8)
Grassed waterway or outlet.
(9)
Grade stabilization structure.
(10)
Debris basin.
(11)
Drain.
(12)
Drainage mains or laterals.
10.
A quality control program is critical for fills; therefore, wherever
fill material is to be used, the person, firm, or corporation shall
be responsible for testing to determine its dry density as per ASTM
D1556. The density of each layer shall be not less than 95% of maximum
density as determined by ASTM D1557.
[Ord. 995, 12/10/2003]
1.
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.
2.
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.
3.
Any and all "as-built" plans shall be available on the site at all
times and be subject to inspection and inquiry.
4.
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.
5.
A final inspection shall be conducted by the Borough Engineer to
certify compliance with this Part. Satisfactory compliance with this
Part shall be necessary before issuance of an occupancy or use permit.
[Ord. 995, 12/10/2003]
Permittees shall bear all costs of inspections required or permitted
hereunder and shall deposit with the Borough such sum as the Borough
Council shall determine, to guarantee payment of the costs of such
inspections. The costs of inspections shall be in accordance with
the established schedule of fees and collection procedure for matters
pertaining to this Part.
[Ord. 995, 12/10/2003]
The fee for a grading permit shall be established from time
to time by Resolution of Borough Council.
[Ord. 995, 12/10/2003]
1.
Any person, firm or corporation who violates a provision of this
Part, or who fails to comply therewith, or with any of the requirements
thereof, shall be, upon conviction thereof, sentenced to pay a fine
of not less than $300 nor more than $1,000 for each violation, plus
costs, and in default of payment of said fine and costs, to imprisonment
to the extent permitted by law for the punishment of summary offenses.
2.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this Part
found to have been violated. All fines and penalties for the violation
of this Part shall be paid to the Borough Treasurer.
3.
The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin, or abate violations of this
Part.
[Ord. 995, 12/10/2003]
In addition to the penalties as set forth in § 9-116, any movement of the landscape, vegetation, or any ground cover performed in violation of this Part shall be restored to its previous condition, including replacement of excavated earth, removal of illegally placed fill, and restoration of grades and planting. In order to enforce this section the Borough Solicitor may seek injunctive relief in accordance with the Rules of Civil Procedure.
[Ord. 995, 12/10/2003]
Any person directly affected by a decision of the Borough Code Official/Building Inspector or Borough Engineer or a notice or order issued under this Part shall have the right to appeal to the Board of Appeals established under Part 1 of Chapter 5 of the Code of Ordinances of the Borough of Aspinwall, Building Code, provided that a written application for an appeal is filed within 10 days after receipt of said decision, notice or order, along with payment of an appeal hearing fee in an amount set from time to time by resolution of Borough Council. An application for appeal shall be based on a claim that the true intent of this Part or the rules legally adopted hereunder has been incorrectly interpreted, the provisions of this Part do not fully apply, or the requirements of this Part are adequately satisfied by other means.
