Borough of Brookhaven, PA Grading, Drainage and Erosion Control

The following regulations shall apply only to activities carried on in a nonresidential zone and, in the case of a residential zone, to activities carried on in connection with any construction or development of land for which any other permit is required by the Borough.

(Adopting Ordinance)

No person shall pave, fill, strip, grade or regrade any land within the Borough without first obtaining a permit therefor as hereinafter provided.

(C)

No person shall disturb, modify, block, divert or affect the natural overland or subsurface flow of stormwater within the Borough without first obtaining a permit therefor as hereinafter provided.

(D)

No person shall construct, erect or install any drainage dam, ditch, culvert, drain pipe, bridge or other structure or obstruction affecting the drainage of any premises in the Borough without first obtaining a permit therefor as hereinafter provided.

§ 1432.04 Application for permits; plans.

[Ord. 310, passed 2-2-1972]

Any person proposing to engage in an activity requiring a permit, as provided in § 1432.03, shall apply for a permit by written application on a form furnished by the Borough.

The application for a permit shall be accompanied by a map or diagram of the property showing the location of all existing and proposed ditches, streams, pipes and other drainage structures, and cuts or fills. In addition to showing elevations, dimensions, location and extent of all proposed grading and/or drainage, the plans shall clearly indicate all buildings, parking areas and driveways. Further, the application shall indicate the existing and proposed sources, storage and dispositions of water being channeled through or across the premises, together with elevation, gradients and maximum flow rates. The application shall describe the work to be performed, the materials to be used and the manner or method of performance, including provisions for protecting and maintaining existing drainage facilities in the Borough, whether on public or private property. If load-bearing fill is proposed, a soils investigation report shall be submitted with the application which shall consist of test borings, laboratory testings and engineering analyses, to correlate surface and subsurface conditions with the proposed rating plan. The results of the investigation shall be presented in a report by a soil engineer which shall include data regarding the nature, distribution and supporting ability of existing soils and rock on the site, conclusions and recommendations for grading requirements and erosion control, and recommendations to ensure stable soil conditions and ground water control as applicable. The Borough may require such supplemental reports and data as it deems necessary. Recommendations included in such reports and approved by the Borough shall be incorporated in the plan or specifications.

§ 1432.05 Grading permit fee.

[Ord. 310, passed 2-2-1972]

The application for a permit to grade shall be accompanied by a permit fee as set forth in § 208.06(H)(1) of the Administration Code, for the first acre of land. If more than one acre is graded, as described in the application, an additional fee as set forth in § 208.06(H)(2) of the Administration Code shall be charged.

§ 1432.06 Security deposit.

[Ord. 310, passed 2-2-1972]

All applicants for a permit shall, before any permit is issued, deposit with the Borough a sum of money, in an amount to be determined by the Borough Engineer, as security for the full and complete compliance by the applicant with the provisions of this chapter and the terms of the permit.

§ 1432.07 Issuance of permit.

[Ord. 310, passed 2-2-1972]

Upon the submission of an application that conforms to the provisions of this chapter, the Building Inspector, after consultation with and approval of the Borough Engineer, if deemed necessary, shall issue the necessary permit.

§ 1432.08 Conditions of permit.

[Ord. 310, passed 2-2-1972]

Notwithstanding any provision of this chapter or any condition of the permit, the permittee shall be responsible for the prevention of damage to property, or personal injury, which may result from any activity requiring a permit.

No person shall modify, fill, excavate or regrade land in any manner so close to a property line as to endanger or damage any adjoining public street, sidewalk, alley or other public or private property without supporting and protecting such property from settling, cracking, erosion, sediment or other physical damage or from personal injury which might result.

(C)

No person shall deposit or place any debris or any other material, 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 shall fail to adequately maintain in good operating order, any drainage facility on his or her premises. All drainage ditches, culverts, drain pipes and drainage structures shall be kept open and free flowing at all times.

(E)

The owner of any property on which any work has been done pursuant to a permit granted under the provisions of this chapter shall continuously maintain and repair all graded surfaces and antierosion devices, retaining walls, drainage structures or means and other protective devices, plantings and ground cover, installed or completed.

(F)

All plans and specifications accompanying applications for permits 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 guidelines as may be established, from time to time, by the U.S. Department of Agriculture, Soil Conservation Service.

All graded surfaces shall be seeded, sodded and/or planted or otherwise protected from erosion as soon as practical and shall be watered, tended and maintained until growth is well established at the time of completion and final inspection.

(G)

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.

(H)

Fills toeing out on natural slopes steeper than four horizontal to one vertical shall not be made unless approved by the Borough after receipt of a report, deemed acceptable by the Borough Engineer, by a soil engineer certifying that he or she has investigated the property and made soil tests and that in his or her opinion such steeper slopes will safely support the proposed fill.

(I)

All trees in areas of grade change shall be removed unless protected with suitable tree wells.

(J)

The following provisions apply to the carrying and disposal of stormwater runoff.

All drainage facilities shall be designed, in the most practical fashion, to carry surface water in such a manner as to prevent erosion, overflow or ponding.

Ponding of water shall not be permitted above cut or fill slopes or on drainage terraces, nor shall water be impounded on adjacent property. Adequate drainage facilities shall be provided to prevent such ponding.

(3)

The applicant shall make adequate provisions to prevent any surface waters from damaging the face of any excavation or fill. All slopes shall be temporarily and permanently protected from surface water runoff from above by interceptor and diversion berms, swales or brow or berm ditches and shall be sodded, seeded and planted, unless the Borough determines that such treatment is unnecessary and specifically waives this requirement.

(4)

When required by the Borough Engineer, all drainage terraces, interceptor and diversion berms, swales and brow or berm ditches shall be piped or paved or otherwise improved to the satisfaction of the Borough.

(K)

When required, adequate provisions shall be made for dust control measures as are deemed acceptable by the Borough.

(L)

When required, the applicant shall agree to the granting and recording of easements for drainage facilities, including acceptance of the discharge of water from the property of others, provisions for maintenance of slopes and swales, and access for the maintenance of antierosion facilities.

§ 1432.09 Inspections; when required.

[Ord. 310, passed 2-2-1972]

The applicant, in any activity requiring a permit, and which involves 10 or less single-family residences, after commencing initial operation, shall request inspections as follows.

Upon completion of stripping, but prior to the beginning of any other preparation of the ground, an inspection of the stockpiling of topsoil and disposal of all unsuitable material shall be requested.

Upon completion of preparation of the ground to receive fill, but prior to beginning any placement, an inspection shall be requested.

(3)

Upon completion of rough grading, but prior to placing topsoil, an inspection of permanent drainage or other site development improvements and ground covers shall be requested.

(4)

Upon completion of final grading, an inspection of erosion control facilities, including established ground covers and planting, and all other work of the permit, shall be requested.

The applicant, in all cases other than those referred to in Division (A) hereof, shall, after commencing initial operations, request inspections at the following stages in the development of the site, or of each subdivision thereof, for the purposes specified herein.

Prior to commencement of grading operations an inspection will be required to determine suitability of all proposed fill materials.