Article VIII Natural and Built Standards for Subdivisions and Land Development/Site Plans

It is the intent of this subsection to protect life and property by preventing rock and soil slippage, loss and degradation of natural drainageways, increased soil erosion and sedimentation, and other soil and water management issues.

Grading shall be limited to the minimum area necessary to provide for buildings, roads, parking areas, utilities, and other facilities shown on the subdivision plan.

A soil erosion and sedimentation plan shall be prepared in accordance with Chapter 620 (Stormwater Management, Erosion and Sedimentation Control).

(4)

Where required by the National Pollution Discharge Elimination System or state regulations, a permit shall be secured prior to the commencement of any grading or earthmoving activities for the following:

(a)

Development of sites between five and 25 acres in size which are not located within a special protection watershed and which are not ineligible for other reasons specified in the Pennsylvania Department of Environmental Protection regulations. In this case, General Permit PAG-2 may be used once obtained from the Blair County Conservation District.

(b)

Development of sites more than 25 acres in size that are not divided into parcels shall obtain individual NPDES permits. Individual NPDES permits are also required for smaller sites that are in special protection watersheds or are otherwise ineligible for the general permit. Processing of individual NPDES permits has been delegated to the Blair County Conservation District.

(5)

The applicant is responsible for protecting adjacent and downstream properties from any damage which occurs because of earth disturbance on the development site. Such protection shall include cleaning up and restoring to their pre-damage condition any adjacent or downstream properties adversely affected by silt, debris, flooding, or other damage resulting from the earth disturbance activity.

(6)

The top and bottom edges of cut-and-fill slopes shall be set back from property lines a minimum of five feet plus 20% of the height of the slope, up to a required maximum of 15 feet.

(7)

Topsoil stripped from the site in preparation for earthmoving activities shall be stockpiled and replaced on the site over all regraded non-developed areas at a minimum depth of six inches.

(8)

Fill areas shall be prepared by removing organic material such as vegetation or rubbish and any other material which is determined to prevent proper compaction and stability.

(9)

Proposed grading activities shall be accomplished so that post-development stormwater flows cause no additional harm to abutting properties and streets. The stormwater management provisions of Chapter 620 (Stormwater Management, Erosion and Sedimentation Control) apply.

(10)

Maximum gradient of graded slopes shall be no greater than two horizontal feet to one vertical foot, except as follows:

(a)

Where the height of a proposed slope will not exceed 10 feet, then a maximum gradient of 1:1 may be permitted where soil conditions permit and where doing so will help preserve existing vegetation or other significant natural features.

(b)

Where a retaining wall, designed and sealed by a registered professional engineer, is constructed to support the face of the slope.

(11)

Excavation adjacent to any building foundation walls, footings, or structures shall not extend beyond the angle of repose or natural slope of the soil under the nearest point of same unless the footings, foundations, or structures have been sufficiently underpinned or otherwise protected against settlement.

Steep slopes. The following shall apply to all grading and disturbance on land with slopes of 25% or greater.

For slopes between 25% and 40%, no more than 30% of the slope area shall be stripped of vegetation or disturbed through grading. Grading and clearing for roads on these slopes shall be limited to that necessary to accommodate the improvements required by this chapter. Wherever possible, roads should follow the contours of the land.

No development or disturbance shall be allowed on slopes exceeding 40%. Limited disturbance for utilities may be allowed where no reasonable alternative location exists.

Significant natural areas and features.

Where a proposed subdivision includes an identified natural area or feature such as endangered species or wetlands, the applicant shall demonstrate compliance with all applicable state and federal requirements.

All healthy trees with trunks equal to or exceeding 24 inches in diameter, or any tree which may be noteworthy because of its species, age, uniqueness, rarity, or status as a landmark due to historical or other cultural association, shall be preserved, unless removal is deemed necessary by a review of the Planning Commission and based on these criteria:

(a)

The health of the tree is such that it is dead, dying, or diseased beyond remedy.

(b)

The tree endangers the public or adjoining property.

(c)

Site constraints make preserving the tree impossible.

Large trees removed pursuant to Subsection C(2) above shall be replaced with a minimum of three trees with a minimum caliper of three inches. Tree placement shall be in such a manner to complement the site and ensure the long-term health of the trees planted.

Water quality.

All buildable lots within a subdivision or site plan shall be supplied public sewage facilities. The applicant must document application for a sewage facilities planning module prior to approval under Chapter 580. Approval from the Department of Environmental Protection must be obtained prior to the issuance of a building permit. A note stating that such approval must be obtained prior to the issuance of a building permit must appear on the plan.

The applicant shall provide public access to any watercourses located within the project area. This may be done by street or sidewalk/trail with enough width to accommodate pedestrians and bicyclists.

The applicant is responsible for compliance with any state or federal requirements that may apply to the project when the project is located within 50 feet of a waterway or regulatory wetland.

Air quality. Design of the subdivision should promote alternative modes of transportation to reduce automotive dependency. Transit-oriented design is encouraged to promote air quality.

Noise. Subdivisions and site plans located in areas which are subject to high levels of noise may install soundproofing measures, subject to Planning Commission approval, to mitigate the noise. In all cases, a notation shall be made on the plan that the project is subject to high levels of noise.

§ 640-41 High hazard areas.

In accordance with the following standards, all development proposed within a designated high hazard area shall comply with the provisions of the Blair County Hazard Mitigation Plan (BRAVE). Compliance with BRAVE is required to ensure consistency with established hazard mitigation policies and to minimize risk to life, property, and infrastructure.

Landslide areas. No grading, removal of vegetation, construction, or other disturbance shall be permitted on soils that are classified as slide-prone or unstable in the soil survey for Blair County or on other areas exhibiting signs of instability, except in accordance with the provisions below:

Unstable areas may be set aside for public, common, or private open space.

Limited disturbance may be considered if the applicant is able to demonstrate that the proposed disturbance will not cause sliding movement or any unsafe condition either on the subject property or any property adjacent to it. Evidence of the safety of any proposed disturbance shall require site investigation and certification in writing by a registered soils engineer, engineering geologist, or structural engineer that the proposed activity will not create or exacerbate unsafe conditions.

Undermined and cavernous areas. No subdivision of land intended to create lots for building construction, or a site plan shall be approved on a site which has been undermined, or is known to contain cavernous pockets at shallow depths, or in an area where there is evidence of past subsidence, unless the applicant demonstrates that the proposed subdivision will be safe and will not cause hazards for adjacent properties. Evidence of safety shall be required if the site or any area of the site has less than 100 feet of overburden; evidence of the safety of the proposed subdivision shall require site investigation and certification in writing by an engineering geologist that the proposed development will be safe.

Flood-prone areas. To the maximum extent feasible, new development shall not be undertaken in areas subject to periodic flooding, including identified floodplain areas and flood hazard areas as determined by the Federal Emergency Management Agency, or in other areas where the Federal Emergency Management Agency has not provided maps and studies but may be flood-prone as indicated in local records and histories, field studies, or on-site investigations.

Portions of proposed subdivisions and site plans that are susceptible to flooding should be preserved as open space or other uses that will not be harmed or cause hazards if exposed to inundation by floodwaters.

Construction in the floodway portion of a flood-prone area shall comply with Pennsylvania Department of Environmental Protection regulations and Chapter 362 (Floodplain Regulations).

Where the floodway is not mapped, the minimum setback shall be measured at 50 feet from the top of the stream bank.

Contaminated sites. No subdivision or site plan shall be approved on land known to contain substances which are classified as hazardous, unless the site has been made safe for the proposed use.

A contaminated site shall be considered safe for subdivision when a remediation plan has been completed and approved by the Pennsylvania Department of Environmental Protection, subject to Subsection D(2) below.

The subdivision of contaminated land (not including any development or earth disturbance) or site plans may be approved prior to remediation if a notation approved by the Commission is placed on the plan that indicates that the site or specified lots within the site contain or may contain hazardous substances.

Air traffic. Subdivisions and site plans located in areas where development may create hazards to aircraft because of height, illumination, or other features that may interfere with aircraft operation shall be designed so as not to create hazards to air traffic.

All proposals shall comply with applicable state and federal requirements relative to aircraft hazards.

If notice to the state or federal government is required, the applicant shall provide copies of permits or approvals from those jurisdictions or a notice from those jurisdictions that such approval is not required.