A. 
All earth disturbance activity within the municipality shall be designed, implemented, operated and maintained to meet the purposes of this chapter, through erosion and sediment control during the earth disturbance activity (e.g., during construction), including operations and maintenance.
B. 
No earth disturbance activity within the municipality shall commence until the requirements of this chapter are met.
C. 
Erosion and sediment control during earth disturbance activity shall be addressed as required by § 179-16.
A. 
No earth disturbance activity within the municipality shall commence until approval by the municipality of an erosion and sediment control plan for construction activities.
B. 
The Borough Code Enforcement Officer has the authority to waive specific requirements of the erosion and sediment control plan requirements if an earth disturbance activity is small enough in scope to warrant such action.
C. 
The erosion and sediment control plan (E&S control plan) shall be prepared and sealed by a Pennsylvania-licensed engineer or comparable licensed official experienced in erosion and sediment control methods and techniques and shall be designed to minimize the potential for accelerated erosion and sedimentation. Where the E&S control plan requires fill placement, import soil, geological interpretation or groundwater impact evaluations, the plan must also be sealed by the Pennsylvania-licensed geologist or licensed professional equivalent.
D. 
A copy of the erosion and sediment control plan and any required permit shall be available at the project site at all times.
E. 
DEP has regulations that require an erosion and sediment control plan for any earth disturbance activity of 5,000 square feet or more and that require implementation and maintenance of erosion and sedimentation control measures to minimize the potential for those activities which disturb less than 5,000 square feet, under Title 25, Pa. Code § 102.4(b).
F. 
In addition, under Title 25, Pa. Code Chapter 92, a DEP "NPDES Construction Activities" permit may be required for regulated earth disturbance activities.[1]
[1]
Editor's Note: Former 25 Pa. Code Ch. 92 was repealed effective 10-9-2010. See now 25 Pa. Code Ch. 92a.
G. 
Evidence of any necessary permit(s) for regulated earth disturbance activity from the appropriate DEP regional office or County Conservation District must be provided to the municipality.
H. 
All grading or earth disturbance upon which grading activity is completed shall be stabilized, whether temporary or permanent, within three days of the initial groundbreaking and, weather permitting, shall be watered, tended and maintained until growth is well established.
I. 
Erosion and sediment control plans shall include the minimum limit of disturbance necessary to provide access for grading and to acquire borrow material and necessary to control erosion and sediment pollution. All plans shall adhere to the following maximum area of disturbance criteria: For properties under 10 acres in area, no more than the greater of 30% of the property area or one acre can be disturbed at one time. For properties 10 acres or more in area, no more than five acres shall be disturbed. When the disturbed area has been stabilized either temporarily or permanently, then additional area may be disturbed not exceeding the thirty-percent or five-acre criteria maximums. Site grading (balance cut and fill), road and utility grading, erosion and sediment control measures installation and foundation excavation will cause this limit to be exceeded in most, if not all, cases.
J. 
Erosion and sediment control measures must be constructed, stabilized and functional before site disturbance begins within the tributary area of these control measures.
K. 
Until the site is stabilized, all erosion and sediment control measures must be maintained properly. Maintenance must include inspections of all erosion and sediment control measures after each runoff event and on a weekly basis. All preventive and remedial work, including cleanout, repair, replacement, regrading, reseeding, remulching and renetting must be performed immediately. If erosion and sediment control measures fail to perform as expected, replacement control measures or modifications of those installed will be required immediately.
The following permit requirements may apply to certain regulated earth disturbance activity, and must be met prior to commencement of regulated earth disturbance activity, as applicable:
A. 
All regulated earth disturbance activity subject to permit requirements by DEP under regulations at 25 Pa. Code Chapter 102.
B. 
Work within natural drainageways subject to permit by DEP under Title 25 Pa. Code Chapter 105.
C. 
Culverts, bridges, storm sewers or any other facilities which must pass or convey flows from the tributary area and any facility which may constitute a dam subject to permit by DEP under 25 Pa. Code Chapter 105.