The following principles, standards and requirements will be
applied by the Borough Council and Planning Commission to evaluating
plans for proposed subdivisions or land developments. The standards
and requirements outlined herein shall be considered minimum standards
and requirements for the promotion of the public health, safety, morale
and general welfare. Where literal compliance with the standards herein
specified is clearly impractical, the Borough Council may modify or
adjust the standards to permit reasonable utilization of property
while securing substantial conformance with the objectives of this
chapter.
[Amended 2-21-2013 by Ord. No. 13-05]
1. Prior to the preliminary and final approval of subdivision and/or
land development plans or the issuance of any permit or the commencement
of any land disturbance activity, the owner, subdivider, developer
or his agent shall submit a stormwater management plan to the Borough
for approval. The following activities are specifically exempt from
the plan preparation provisions of this chapter:
A. Land disturbances affecting less than 3,000 square feet of impervious
surfaces.
B. Land disturbances associated with existing one- and two-family dwellings.
C. Use of land for gardening for home consumption.
D. Agriculture when operated in accordance with a conservation plan
or erosion and sedimentation control plan prepared by the Conservation
District.
E. Forest management operations which are following the Department of
Environmental Protection's management practices contained in
its publication "Soil Erosion and Sedimentation Control Guidelines
for Forestry" and are operating under an erosion and sedimentation
control plan.
2. The following items, when appropriate, shall be included in the plan:
A. General.
(1)
General description of project.
(2)
General description of erosion and sedimentation controls.
(3)
General description of stormwater controls both during and after
development.
(4)
Expected project time schedule, including anticipated start
and completion dates.
(5)
Training and experience of person(s) preparing the plan.
B. Map(s) of the project area, showing:
(1)
The location of the project relative to highways, municipalities
or other identifiable landmarks.
(2)
Existing contours at intervals of two feet. In areas of steep
slopes (greater than 15%) five-foot contour intervals may be used.
(3)
Streams, lakes, ponds or other bodies of water within the project
area or which will be affected by runoff from the project.
(4)
Other physical features, including existing drainage swales
and areas of natural vegetation to be preserved.
(5)
Locations of proposed underground utilities, sewers and waterlines.
(6)
An overlay showing soil types and boundaries.
(7)
Proposed changes to land surface and vegetative cover.
(8)
Areas to be cut or filled.
(9)
Proposed structures, roads, paved areas and buildings.
(10)
Final contours at intervals of two feet. In areas of steep slopes
(greater than 15%) five-foot contour intervals may be used.
C. Erosion and sedimentation controls.
(1)
The staging of all earthmoving activities must be described,
including cuts and fills, streets, underground utilities, sewer and
water lines, buildings, driveways, parking areas, recreational areas,
other structures, etc.
(2)
The type, location and extent of all erosion and sedimentation
control measures must be shown on a map and described, including all
calculations, assumptions and criteria used in designing the controls
and a schedule for their implementation.
D. Stormwater management controls.
(1)
All stormwater management controls must be shown on a map and
described, including:
(a)
Groundwater recharge methods such as seepage pits, beds or trenches.
When these structures are used, the locations of septic tank infiltration
areas and wells must be shown.
(b)
Other control devices or methods such as rooftop storage, semipervious
paving materials, grass swales, parking lot ponding, vegetated strips,
detention or retention ponds, storm sewers, etc.
(c)
Schedule for installation of the control measures and devices.
(2)
All calculations, assumptions and criteria used in the design
of the control device or method must be shown.
E. Maintenance program. A maintenance program for all stormwater management
control facilities must be included. This program must include the
proposed ownership of the control facilities and detail the financial
responsibility for any required maintenance.
3. Maintenance of natural drainageways. All natural streams, channels,
swales, drainage systems and/or areas of surface water concentration
shall be maintained in their existing condition unless an alteration
is approved by the Borough. All encroachment activities shall comply
with the requirements of Chapter 105 (Water Obstructions and Encroachments)
of Pennsylvania Code Title 25, Rules and Regulations of the Pennsylvania
Department of Environmental Protection.
4. Lots shall be laid out and graded to provide positive drainage away
from buildings. The Borough Council may require a grading and drainage
plan for individual lots indicating a buildable area within each lot,
complying with the setback requirements, for which positive drainage
is assured.
5. No person, corporation or other entity shall block, impede the flow
of, alter, construct any structure or deposit any material or thing
or commit any act which will affect normal or flood flow in any communal
stream or watercourse without having obtained prior approval from
the Borough of Sharpsburg or the Department of Environmental Protection,
whichever is applicable.
6. Where a subdivision or land development is traversed by a natural
watercourse there shall be provided a drainage easement or right-of-way
conforming substantially with the line of such watercourse and of
such width as will be adequate to preserve natural drainage.
7. The subdivider or developer and each person, corporation or other
entity which makes any surface changes shall be required to:
A. Collect on-site surface runoff and dispose of it to the point of
discharge into the common natural watercourse of the drainage area.
B. Design drainage facilities to handle runoff from upstream areas,
assuming full development of those areas based upon the Comprehensive
Plan for Borough of Sharpsburg.
C. Design, construct and/or install such drainage structures and facilities
as are necessary to prevent erosion damage to the subdivision or land
development, adjacent property and downstream property. Such structures
and facilities shall satisfactorily convey such surface waters to
the nearest practical street, storm drain, detention pond or natural
watercourse.
8. Storm sewers, culverts and related installations shall be provided
to permit unimpeded flow of a natural watercourse to drain all low
points along streets and to intercept stormwater runoff along streets
at intervals reasonably related to the extent and grade of the area
drained.
9. Storm sewers, as required, shall be placed in front of the curb or
curbline when located in a street right-of-way. When located in undedicated
land, they shall be placed within an easement not less than 15 feet
wide, as approved by the Borough Engineer, who may require additional
width of easement as circumstances warrant.
10. Street drainage will not be permitted to cross intersections or the
crown of the road.
A. Maximum spacing of street inlets shall not exceed 600 feet.
B. All street inlets shall be PennDOT Type C or M.
C. All culvert ends shall be provided with either reinforced concrete
headwalls or pipe end sections.
D. Minimum pipe size shall be 15 inches in diameter.
E. When material for storm drain systems is not specified, PennDOT specifications
will govern.
11. All springs and sump pump discharges shall be collected so as not
to flow in the streets.
12. Stormwater roof drains shall not discharge water directly over a
sidewalk.
13. Stabilized outlets shall be provided for footer drains, floor drains
and downspouts.
14. The Soil-Cover-Complex Method of the Natural Resources Conservation
Service (formerly SCS) of the United States Department of Agriculture
shall be used as the primary means of estimating stormwater runoff.
15. The Rational Method may be used for analysis of storm sewer systems
and for stormwater management facilities in minor subdivisions.
16. Where the estimated runoff based upon the above methods is doubtful,
several recognized methods should be studied and compared.
17. The minimum design criteria shall be a one-hundred-year storm. Higher
frequency conditions shall be used in sensitive areas and where an
overflow would endanger public or private property.
18. Runoff calculations must include complete hydrologic and hydraulic
design and analysis of all control facilities.
19. Control facilities.
A. Permanent control measures/facilities shall be designed to assure
that the maximum rate of stormwater runoff is not greater after development
than prior to development for a one-hundred-year storm frequency.
More stringent criteria may be required in sensitive areas where stormwater
problems presently exist.
B. Control facilities shall be designed to meet, as a maximum, the design
standards and specifications of the "Erosion and Sedimentation Control
Handbook for Cumberland, Dauphin and Perry Counties."
(1)
Detention ponds may be waived by the Borough Council on the
recommendation of the Borough Engineer at sites in close proximity
to the major streams. This is to facilitate drainage prior to the
stream flooding.
(2)
In areas underlain with limestone geology, ponds shall be limited
to the detention (dry) type unless the developer can show a special
need for a retention pond; in which case, it shall have a lining.
Detention ponds shall be prohibited in areas of known sinkholes unless
the pond is lined. If a sinkhole develops in a pond or channel before
acceptance by the Borough, a lining shall be required.
(3)
Any ponds with slopes steeper than three to one shall be fenced
with a six-foot fence of a type subject to the approval of the Borough.
C. A maintenance program for control facilities must be included as
part of the grading and drainage plan.
(1)
Maintenance during development activities of a project shall
be the responsibility of the contractor, developer and owner.
(2)
Arrangement for maintenance of permanent control facilities
after completion of development activities shall be made before approval
of final plans is given by the Borough Council.
(a)
In cases where permanent control facilities are owned by an
entity it shall be the responsibility of that entity to maintain control
facilities (e.g., homeowners' association). In such cases, a
legally binding agreement between the owner and the Borough of Sharpsburg
shall be made, providing for maintenance of all permanent erosion
control facilities including the inspection by the Borough of Sharpsburg.
[Amended 2-21-2013 by Ord. No. 13-05]
1. General purpose.
A. The Borough Council finds that the minimization of erosion and control
of sedimentation in connection with land development and subdivision
are in the public interest, affecting public health, safety and welfare,
and therefore those regulations governing erosion control and sedimentation
control are necessary for the Borough.
B. No changes shall be made in the contour of the land, no grading,
excavating, removal or destruction to the topsoil, trees or other
vegetative cover of the land shall be commenced until such time that
a plan for minimizing erosion and sedimentation has been processed
with and reviewed by the Borough of Sharpsburg Engineer and/or Allegheny
County Soil and Water Conservation District, or there has been a determination
by the above entities that such plans are not necessary.
C. No subdivision or land development plan shall be approved unless:
(1) there has been an erosion and sedimentation control plan approved
by the Borough Council that provides for minimizing erosion and sedimentation
consistent with this section, and an improvement bond or other acceptable
securities are deposited with the Borough in the form of an escrow
guarantee which will ensure installation and completion of the required
improvements; or (2) there has been a determination by the Borough
Council that a plan for minimizing erosion and sedimentation is not
necessary.
D. Where not specified in this chapter, measures used to control erosion
and reduce sedimentation shall as a minimum meet the standards and
specifications of the Allegheny County Soil and Water Conservation
District. The Borough of Sharpsburg Engineer or other officials as
designated shall ensure compliance with the appropriate specifications,
copies of which are available from the Soil and Water Conservation
District.
2. Performance principles. The following measures are effective in minimizing
erosion and sedimentation and shall be included, where applicable,
in the control plan:
A. Stripping of vegetation, regrading or other development shall be
done in such a way that will prevent all but minor erosion.
B. Development plans shall preserve salient natural features, keep cut-fill
operations to a minimum, and ensure conformity with topography so
as to create the least erosion potential and adequately handle the
volume and velocity of surface water runoff.
C. Whenever feasible, natural vegetation shall be retained, protected
and supplemented.
D. The distributed area and the duration of exposure shall be kept to
a practical minimum.
E. Disturbed soils shall be stabilized as quickly as practicable.
F. Temporary vegetation and/or mulching shall be used to protect exposed
critical areas during development.
G. The permanent final vegetation and structural erosion control and
drainage measures shall be installed as soon as practical in the development.
H. Provisions shall be made to effectively accommodate the increased
runoff caused by changed soil and surface conditions during and after
development. Where necessary, the rate of surface water runoff will
be structurally retarded.
I. Sediment in the runoff water shall be trapped until the disturbed
area is stabilized by the use of debris basins, sediment basins, silt
traps or similar measures.
3. Grading for erosion and other environmental controls. In order to
provide suitable sites for building and other uses, improve surface
drainage and control erosion, the following requirements shall be
met:
A. Streets shall be improved to be a mud-free or otherwise permanently
passable condition as one of the first items of work done on a subdivision
or development. The wearing surface shall be installed in accordance
with § 22-504.7 and as approved in the final plan.
B. Provisions shall be made to prevent surface water from damaging the
cut face of excavations or the sloping surfaces of fills by installation
of temporary or permanent drainage across or above these areas.
C. Fill shall be placed and compacted so as to minimize sliding or erosion
of the soil.
D. Fills placed adjacent to watercourses shall have suitable protection
against erosion during the periods of flooding.
E. During grading operations, necessary measures for dust control will
be exercised.
F. Grading equipment will not be allowed to enter into flowing streams.
Provisions will be made for the installation of temporary or permanent
culverts or bridges.
4. Responsibility.
A. Whenever sedimentation damage is caused by stripping vegetation,
grading or other development, it shall be the collective responsibility
of the land developer and subdivider and of the contractor, person,
corporation and other entity causing such sedimentation to remove
it from all adjoining surfaces, drainage systems and watercourses
and to repair any damage at his or their expense as quickly as possible.
B. Maintenance of all erosion and sedimentation control facilities during
the construction and development period is the responsibility of the
land developer or subdivider.
C. It is the responsibility of any developer or subdivider, and any
person, corporation, or other entity doing any act on or across a
communal stream, watercourse or swale, or upon the floodplain or right-of-way,
to maintain as nearly as possible in its present state the stream,
watercourse, swale, floodplain or right-of-way during the pendency
of the activity and to return it to its original or equal condition
after such activity is completed.
D. The subdivider or land developer shall provide and install, at his
expense, in accordance with Borough requirements, all drainage and
erosion control improvements (temporary and permanent) shown on the
erosion and sediment control plan.
5. Compliance with regulations and procedures.
A. The Borough Council, in its consideration of all preliminary plans of subdivision and land development, shall condition its approval upon the execution of erosion and sediment control measures as contained in Subsections
2 and
3 in this section.
B. The installation and design of the required erosion and sediment
control measures shall be in accordance with standards and specifications
of the Allegheny County Soil and Conservation District.
6. Stream channel construction. Stream channel on watersheds with drainage
areas in excess of 1/2 square mile or in those cases where downstream
hazards exist will conform to criteria established by the Pennsylvania
Department of Environmental Protection.
[Amended 2-21-2013 by Ord. No. 13-05]
1. Purpose. The specific purposes of these special provisions are:
A. To regulate the subdivision or development of land within any designated
floodplain area in order to promote the general health, welfare and
safety of the community.
B. To require that each subdivision lot in flood-prone areas be provided
with a safe building site with adequate access, and that public facilities
which serve such uses be designated and installed to preclude flood
damage at the time of initial construction.
C. To prevent individuals from buying lands which are unsuitable for
use because of flooding by prohibiting the improper subdivision or
development of unprotected lands within the designated floodplain
districts.
2. Abrogation and greater restrictions. To the extent that this section
imposes greater requirements or more complete disclosure than any
other provisions of this chapter, in any respect, or to the extent
that the provisions of this section are more restrictive than such
other provisions, it shall control such other provisions of this chapter.
3. Disclaimer of municipality liability. The grant of a permit or approval
of a plan for any proposed subdivision or land development to be located
within any designated floodplain area shall not constitute a representation,
guarantee or warranty of any kind by the Borough of Sharpsburg or
by any official or employee thereof of the practicability or safety
of the proposed use and shall create no liability upon the Borough
of Sharpsburg, its officials, employees or agents.
4. Application procedures and requirements.
A. Preapplication procedures.
(1)
Prior to the preparation of any plans, it is suggested that
prospective developers consult with the Pennsylvania Department of
Environmental Protection concerning soil suitability when on-site
sewage disposal facilities are proposed.
(2)
Prospective developers shall consult the County Conservation
District representative concerning erosion and sediment control and
the effect of geologic conditions on the proposed development. At
the same time, a determination should be made as to whether or not
any flood hazards either exist or will be created as a result of the
subdivision or development.
B. Preliminary plan requirements. The following information shall be
required as part of the preliminary plan and shall be prepared by
a registered engineer or surveyor:
(1)
Name of engineer, surveyor or other qualified person responsible
for providing the information required in this section.
(2)
A map showing the location of the proposed subdivision or land
development with respect to any designated floodplain area, including
information on, but not limited to, the one-hundred-year flood elevations,
boundaries of the floodplain area or areas, proposed lots and sites,
fills, flood or special deed restrictions.
(3)
Where the subdivision or land development lies partially or
completely within any designated floodplain area, or where the subdivision
or land development borders on a floodplain area, the preliminary
plan map shall include detailed information giving the location and
elevation of proposed roads, public utilities and building sites.
All such maps shall also show contours at intervals of five feet and
shall identify accurately the boundaries of the floodplain areas.
(4)
Such other information as is required by this chapter.
C. Final plan requirements. The following information shall be required
as part of the final plan and shall be prepared by a registered engineer
or surveyor:
(1)
All information required for the submission of the preliminary
plan incorporating any changes requested by the Borough Council.
(2)
A map showing the exact location and elevation of all proposed
buildings, structures, roads and public utilities to be constructed
within any designated floodplain area. All such maps shall show contours
at intervals of five feet within the floodplain area and shall identify
accurately the boundaries of the flood-prone areas.
(3)
Submission of the final plan shall also be accompanied by all
required permits and related documentation from the Department of
Environmental Protection and any other commonwealth agency or local
municipality where any alteration or relocation of a stream or watercourse
is proposed. In addition, documentation shall be submitted indicating
that all affected adjacent municipalities have been notified in advance
of the proposed alteration or relocation. The Department of Community
and Economic Development and the Federal Insurance Administration
shall also be notified in advance of any such proposed activity, and
proof of such notification shall be submitted in advance of the Planning
Commission meeting at which such plan it to be considered.
5. Design standards and improvements in designated floodplain areas.
A. General.
(1)
Where not prohibited by this or any other laws or ordinances,
land located by any designated floodplain area may be platted for
development with the provision that the developer construct all buildings
and structures to preclude flood damage in accordance with this and
any other laws and ordinances regulating such development.
(2)
No subdivision or land development or part thereof shall be
approved if the proposed development or improvements will, individually
or collectively, increase the one-hundred-year flood elevation more
than one foot at a point.
(3)
Building sites for residences or any other type of dwelling
or accommodation shall not be permitted in any floodway area. Sites
for these uses may be permitted outside the floodway area in a floodplain
area if the lowest floor (including basement) is elevated to the regulatory
flood elevation. If fill is used to raise the elevation of a site,
the fill area shall extend laterally for a distance of at least 15
feet beyond the limits of the proposed structures and access shall
meet the requirements of § 22-513.5C herein below.
(4)
Building sites for structures or buildings other than for residential
uses shall not be permitted in any floodway area. Sites for such structures
or buildings outside the floodway in a floodplain area shall be protected
as provided for in § 22-513.5A(3) above. However, the Borough
Council may allow the subdivision or development of areas or sites
for commercial and industrial uses at an elevation below the regulatory
flood elevation if the developer otherwise protects the area to that
height or assures that the buildings or structures will be floodproofed
to the regulatory flood elevation.
(5)
If the Borough Council determines that only a part of a proposed
plat can be safely developed, it shall limit development to that part
and shall require that development proceed consistent with this determination.
(6)
When a developer does not intend to develop the plat himself
and the Borough Council determines that additional controls are required
to ensure safe development, it may require the developer to impose
appropriate deed restrictions on the land. Such deed restrictions
shall be inserted in every deed and noted on every recorded plat.
B. Drainage facilities.
(1)
Storm drainage facilities shall be designated to convey the
flow of surface waters without damage to persons or property. The
system shall ensure drainage at all points along streets and provide
positive drainage away from buildings and on-site waste disposal sites.
(2)
Plans shall be subject to the approval of the Borough Council.
The Borough Council may require a primary underground system to accommodate
frequent floods and a secondary surface system to accommodate larger,
less frequent floods. Drainage plans shall be consistent with local,
county and regional drainage plans. The facilities shall be designed
to prevent the discharge of excess runoff onto adjacent properties.
C. Streets and driveways. The finished elevation of proposed streets
and driveways shall not be more than one foot below the regulatory
flood elevation. Profiles and elevations of streets and driveways
to determine compliance with this requirement and as required by other
provisions of this chapter shall be submitted with the final plan.
Drainage openings shall be sufficient to discharge flood flows without
unduly increasing flood heights.
D. Sewer facilities. All sanitary sewer systems located in any designated
floodplain area, whether public or private, shall be floodproofed
up to the regulatory flood elevation.
E. Water facilities. All water systems located in any designated floodplain
area, whether public or private, shall be floodproofed up to the regulatory
flood elevation.
F. Other utilities and facilities. All other public or private utilities
and facilities, including gas and electric, shall be elevated or floodproofed
up to the regulatory flood elevation.