[HISTORY: Adopted by the Borough Council of the Borough of Brentwood 5-2-1995
as Ord. No. 1077. Amendments noted where applicable.]
A.
The purpose of this chapter is to control accelerated
erosion and the resulting sediment pollution to waters of this commonwealth
that occur on earthmoving sites within the Borough of Brentwood.
B.
These regulations are adopted and implemented to achieve
the following general objectives:
(1)
To specify the type and size of an earthmoving activity
which is or has been inadequately regulated in the past.
(2)
To present and/or control earthmoving activities within
environmentally sensitive areas including wetlands and waterways of the commonwealth.
(3)
To restrict and/or control earthmoving activities in
areas with naturally occurring steep slopes and/or highly erodible soils.
(4)
To regulate the earthmoving activities resulting from
land development.
This chapter shall be known and may be cited as the "Erosion and Sediment
Pollution Control Ordinance."
The provisions of this ordinance shall apply to all subdivision and
land developments and proposed grading within the Borough of Brentwood unless
otherwise modified herein.
This chapter is adopted in accordance with the authority granted to
municipalities to regulate the earthmoving activities which accompany land
development by the Pennsylvania Municipalities Planning Code, Act 247 of 1968,
as amended (53 P.S. 10101, et seq.).
The following terms and words are used in the Rules and Regulations of the Commonwealth of Pennsylvania, Title 25, Chapter 102, and shall have the following meanings for the purpose of the administering and enforcing of this chapter:
The Pennsylvania Municipalities Planning Code (Act of July 31, 1968,
Act No. 247, as amended).[1]
A landowner or developer, as defined by this chapter, who has filed
an application for development, including his/her heirs, successors and assigns.
A natural stream that conveys water; ditch or open channel excavated
for the flow of water.
The Allegheny County Conservation District.
The magnitude of precipitation from a storm event measured in probability
of occurrence (e.g., twenty-five-year storm) and duration (e.g. twenty-four-hour),
and used in computing stormwater management control systems and erosion and
sedimentation control facilities.
Any activity, construction, alteration, change in land use or similar
action that affects stormwater runoff characteristics.
Rate of flow, specifically fluid flow. A volume of fluid flowing
from a conduit or channel or being released from detention storage, per unit
of time. Commonly expressed as cubic feet per second (cfs), million gallons
per day (mgd) and/or gallons per minute (gpm). See also "rate of runoff."
Interception and removal of excess surface water or groundwater from
land by artificial or natural means.
The contributing land area to a single drainage basin, expressed
in acres, square miles or other units of area; also called a catchment area,
watershed or river basin; the land area served by a drainage system or by
a watercourse receiving storm and surface water, also called "sub area."
The land area from which water is carried off by a drainage system;
also called a watershed or catchment.
A right granted by a landowner to a grantee allowing the use of private
land for stormwater management purposes.
The natural process by which the surface of the surface of the land
is worn away by the action of water, wind or chemical action.
A normally dry land area adjacent to stream channels that is susceptible
to being inundated by overbank stream flows. For regulatory purposes, the
Pennsylvania Flood Plain Management Act (Act of October 4, 1978, P.L. 851,
No. 166)[2] and regulations pursuant to the Act define the floodplain as the
area inundated by a one-hundred-year flood and delineated on a map by the
Federal Emergency Management Agency (FEMA) or by the applicant in accordance
with borough ordinance requirements.
The branch of science concerned with the mechanics of fluids, especially
liquids. As applied in erosion and sedimentation control, the study of the
characteristics of water flow in, and conveyance capacity of, a watercourse,
considering such factors as depth, velocity and turbulence.
The science dealing with the waters of the earth and their distribution
and circulation through the atmosphere. Engineering hydrology deals with the
application of hydrologic concepts to the design of projects for use and control
of water.
The Borough Engineer or a representative of the borough as appointed
by the borough or Borough Engineer.
Flow that starts and stops again at different intervals.
A lot, parcel or tract of land on which development is taking place
or is proposed.
Any activity involving grading, tilling, digging or fillings or stripping
of vegetation; or another activity which causes land to be exposed to the
danger of erosion or changed water flow characteristics.
Points or areas at which stormwater runoff leaves streams, storm
sewers, swales or other well defined natural or artificial drainage features,
as well as areas of dispersed overland flows within the site and/or leaving
the site.
Pennsylvania Department of Environmental Protection.
The maximum rate of flow of water at a given point and time resulting
from a predetermined storm.
A standard which establishes an end result or outcome which is to
be achieved but does not prescribe specific means for achieving it. A specification
standard in contrast is one which prescribes the exact characteristic to be
used, leaving little choice to the applicant.
A meeting with the borough prior to a formal application submittal.
A point of hydraulic concern such as a bridge, culvert or channel
section, for which the rate of runoff is computed or measured.
Instantaneous measurement of water flow expressed in a unit of volume
per unit of time, also referred to as discharge. Usually stated in cubic feet
per second (cfs) or gallons per minute (gpm).
The surface components of any watershed which affect the rate, amount
and direction of stormwater runoff. These may include but are not being limited
to: vegetation, soils, slopes and man-made landscape alterations.
Soil Conservation Service, United States Department of Agriculture.
Solid material, both mineral and organic that is in suspension, is
being transported or has been removed from its site or origin by air, water,
gravity or ice and has come to rest on the earth's surface.
The process by which sediment is deposited on stream bottoms.
A pipe, culvert or underground open channel that carries intercepted
surface runoff, street water, and other wash waters or drainage, but excludes
domestic sewage and industrial wastes.
Natural or engineered structures which collect and transport stormwater
through or from a drainage area to the point of final outlet, including but
not limited to any of the following: conduits and appurtenant features, canals,
channels, ditches, streams, culverts, streets and pumping stations.
The plan for managing stormwater runoff from a specific development
site.
Waters resulting from snow melt or precipitation within a drainage
basin, flowing over the surface of the ground, collected in channels and conduits
and carried by receiving streams.
A watercourse.
A portion of the watershed that has similar hydrological characteristics
and drains to a common point. Also called a drainage area.
A low-lying stretch of land which gathers or carries surface water
runoff.
Any channel of conveyance of surface water having a defined bed and
banks, whether natural or artificial, with perennial or intermittent flow.
The entire region or area drained by a river or other body of water
whether natural or artificial.
Rivers, streams, creeks, rivulets, impoundments, ditches, watercourses,
storm sewers, lakes, dammed water, wetlands, ponds, springs and other bodies
or channels of conveyance of surface water, or parts thereof, whether natural
or artificial, within or on the boundaries of this commonwealth (source: the
Clean Streams Law).
A.
It shall be unlawful for any person, landowner, business or corporation to undertake any earthmoving activities in excess of 1,000 square feet without developing, implementing and maintaining erosion and sediment pollution control measures and facilities that effectively minimize accelerated erosion and prevent sediment pollution to waters of this commonwealth. These controls shall be contained in an erosion and sedimentation control plan that meets the requirements of the Department of Environmental Resources Chapter 102, Erosion Control regulations. A copy of the erosion and sedimentation control plan must be available at the earthmoving site at all times.
B.
Prior to the approval of any grading plan permit by the
Borough of Brentwood, an erosion and sedimentation control plan must be submitted
to and approved by the Allegheny County Conservation District. This requirement
will be waived upon receipt of a copy of a Department of Environmental Protection's
earth disturbance permit for sites involving more than 25 acres of earthmoving.
A.
Erosion and Sedimentation Control Plans shall be developed in accordance with the Department of Environmental Resources, Chapter 102 regulations. A complete explanation of the regulations and recommendations for preparing plans is available in DER's publication "Erosion and Sediment Pollution Control Program Manual." This manual is available through the offices of the Allegheny County Conservation District.
B.
The Erosion and Sedimentation Plan details shall be in
conformance with the standards set forth in DER's publication "Erosion
and Sediment Pollution Control Program Manual." In addition, if required a
National Pollutant Discharge Elimination System (NPDES) permit must be obtained
prior to construction.
A.
It is the purpose of these regulations to prescribe the
procedures by which the administration of this chapter shall take place. Nothing
contained within this section shall be interpreted as limiting the adoption
of administrative regulations which do not supersede required stated procedures.
B.
Applications for approval of an erosion and sedimentation
control plan under the requirements of this chapter, shall be made by completing
all required spaces on the standard application and tracking form (Attachment
A)[1], and forwarding the form to the Allegheny County Conservation
District at the address shown. No grading permits will be issued by the Borough
of Brentwood unless and until an approved erosion and sedimentation control
plan is received.
[1]
Editor's Note: Attachment A is on file in the borough offices.
C.
The Code Enforcement Officer shall serve as Zoning Officer
and shall have the duty of administering the provisions of this chapter. The
Zoning Officer shall have all the powers and duties conferred on him by this
chapter and the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
Fees for the review of the erosion and sedimentation control plan that
will be charged by the Allegheny County Conservation District will be set
by Allegheny County Conservation District and set by resolution for the Borough
of Brentwood. The applicant will be responsible for all fees associated with
the approval of the plan; such fees to include, but not limited to inspection,
engineering, legal and administrative. Said fees are posted with the municipality.
The Application and Tracking Form found in Attachment A must be filled out
and a copy must be submitted to both the Allegheny County Conservation District
and the borough. The applicant must determine the amount of the fee that will
apply to his/her application. Anyone requiring an explanation of district
charges for plan reviews should contact the district for such information.
A.
The borough and the Allegheny County Conservation District
are hereby authorized and directed to conduct both routine and emergency site
inspections of ongoing earthmoving operations within the municipal boundaries
of the Borough of Brentwood to establish compliance with the approved erosion
and sedimentation control plan.
B.
The Borough and/or the Allegheny County Conservation
District are hereby authorized to enforce a cease in work directive if the
contractor and/or owner has failed to adhere with the approved erosion and
sedimentation control plan. The Borough shall notify the Allegheny County
Conservation District of a cease of work directive within 48 hours.
A.
All violations of the approved Erosion and Sedimentation
Control Plan determined during a site inspection shall be listed on an inspection
report which itemizes the following items for each violation:
B.
The completed inspection report shall be signed by the
inspector and person responsible for the earthmoving activity (or a designated
representative) and a copy provided to the latter party and the Allegheny
County Conservation District.
Whenever a violation of this chapter occurs, or is alleged to have occurred,
any person must file a written complaint stating fully the causes and basis
of the complaint with the Zoning Officer. The Zoning Officer shall record
the complaint immediately and investigate it promptly and take any necessary
action as provided by this ordinance. The Zoning Officer shall notify the
complainant of the results of his investigation and any action taken.
The enforcement notice shall contain the following information:
A.
The name of the owner of record and any other person
against whom the borough intends to take action.
B.
The location of the property in violation.
C.
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter.
D.
The date before which the steps for compliance must be
commenced and the date before which the steps must be completed.
E.
That the recipient of the notice has the right to appeal
to the Borough of Brentwood.
A.
Should the person(s) responsible for undertaking the
earthmoving operations fail to meet the deadline for correcting violations
of this chapter, as specified in the official inspection report, the Borough
of Brentwood will issue a formal notice of violation to said person(s). The
notice will list, for each violation that has occurred, a penalty of not more
than $1,000 for each day of each violation. Such fines, penalties and associated
costs as listed in the notice will be collected as like fines or penalties
are now by law collected and, in default thereof, the violator shall be imprisoned
in the county jail for not more than 30 days.[1]
B.
The contractor shall be responsible for any or all penalties
and associated cost incurred by the Department of Environmental Protection,
Allegheny County Conservation District and the borough.
In case any building, structure or land is, or is proposed to be, erected,
constructed, rereconstructed, altered, converted, maintained or used in violation
of this chapter, the governing body or, with the approval of the governing
body, an officer of the borough and the Allegheny County Conservation District's
representative in addition to other remedies, may institute in the name of
the Borough any appropriate action or proceeding to prevent, restrain, correct
or abate such building, structure or land or to prevent, in or about such
premises, any act, conduct, business or use constituting a violation.
