[HISTORY: Adopted by the Borough Council of the Borough of Brookville 11-7-1989
by Ord. No. 932. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Soil Erosion, Sedimentation
and Grading Ordinance," implementing Title 25, Rules and Regulations, Part
I, Commonwealth of Pennsylvania, Department of Environmental Protection, Sub-part
C, Protection of Natural Resources, Article II, Water Resources, Chapter 102
- Erosion Control.
The purposes of this chapter are to regulate the modification of the
natural terrain, the alteration of drainage, and to provide for certain erosion
and sediment control measures within the Borough of Brookville to assure and
safeguard health, safety, ecology and the general welfare in the Borough of
Brookville.
From and after the effective date of this chapter, any subdivision and/or land development approved under Chapter 198, Subdivision and Land Development, or Chapter 230, Zoning, or activity qualified under §§ 106-5 and 106-6 herein shall be in conformity with this chapter. In the event of a conflict between this chapter and floodplain regulations,[1] the floodplain regulations shall take precedent.
As used in this chapter, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Process of earthmoving by excavating part of an area and/or using
excavated material for embankments or fill areas.
[1]The slope of a road, channel, or natural ground.
The finished surface of a canal bed, roadbed, top of embankment, or
bottom of excavation; any surface prepared for the support of construction
like paving or laying a conduit.
To finish the surface of a canal bed, roadbed, top of embankment, or
bottom or excavation.
That portion of the precipitation on a drainage area or watershed
that is discharged from the area in stream channels; types include surface
runoff, groundwater runoff, or seepage.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site of origin by air, water,
gravity, or ice and has come to rest on the earth's surface either above or
below sea level.
Degree of deviation of a surface from the horizontal, usually expressed
in percent or degrees.
[2]A natural drainage route or channel for the flow of water.
Whenever the landscape is to be permanently disturbed as to either contours,
soil or slope characteristics, or vegetation or any ground cover is to be
permanently removed, a plan is required showing how resulting erosion and
sediment shall be controlled. This plan shall include the following:
The following activities require a grading permit:
A.
Modifying, disturbing, blocking, diverting or otherwise
adversely affecting the natural overland or subsurface flow of stormwater.
B.
Construction, erection, or installation of any drainage
dam, ditch, culvert, drain pipe, bridge or any other structure or obstruction
affecting the drainage of any premises.
C.
Paving, filling, stripping, excavating, grading or regrading
of any land.
D.
Disturbing the landscape, vegetation or any ground cover
by any proposal involving an area in excess of 5,000 square feet.
The following activities require no grading permit:
A.
Improvements, such as erection of retaining walls, driveway
paving, minor regrading or activities on a property which do not adversely
affect the natural overland or subsurface flow of stormwater, drainage of
any premises, or adversely disturb the landscape, in a gross area of up to
25 acres on any one property.
B.
Farming, gardening, or land restoration, but not including
sod farming.
A.
Any person, firm or corporation proposing to engage in
an activity requiring a grading permit hereunder shall apply by the submission
of a plan.
C.
A separate plan shall be required for each grading permit.
D.
Five copies of the proposed plan, including specification
and development schedules, shall be submitted to the Secretary-Treasurer for
a grading permit. The Secretary-Treasurer shall forward one copy of the plan
to the Planning Commission, one copy to the Brookville Borough Engineer and
one copy to the Zoning Officer.
The plan for a grading permit shall include:
A.
A valid boundary line survey of the site on which the
work is to be performed.
B.
A description of the features, existing and proposed,
surrounding the site which are of importance to the proposed development.
C.
A plan of the general topography (including drainage)
and soil conditions on the site (latter available through the County Conservation
District).
D.
The location and a description of existing and future
man-made features of importance to the proposed development (i.e., cuts and/or
fills, buildings, roads, and driveways).
E.
Plans and specifications of soil erosion and sediment
control measures in accordance with standards and specification of the Borough
of Brookville and the County Conservation District.
F.
A development schedule indicating the anticipated starting
and completion dates of the development sequence and the time of exposure
of each area prior to the completion of effective erosion and sediment control
measures.
In addition to the requirements of § 106-9, and where deemed necessary by the Brookville Borough Engineer and the Planning Commission, or the Council of the Borough of Brookville, the applicant shall submit with the plan a detailed drainage study prepared by a registered professional engineer qualified in hydrology in the commonwealth. This study shall include:
A.
A plan of the property showing the location of all present
and proposed ditches, streams, pipe and other drainage structures, and proposed
cuts and/or fills. In addition to showing present elevations and dimensions,
and location and extent of all proposed grading and/or drainage, the plan
shall clearly indicate all woodlands, buildings, parking areas and driveways.
Further, the plan shall indicate the present and proposed sources, storage
and disposition of water being channeled through or across the premises, together
with elevations, gradients, and maximum flow rates. The plan shall describe
the work to be performed and disposition of cut and/or fill, the materials
to be used and the manner or method of performance including provisions for
protecting and maintaining existing drainage facilities whether on public
or private property. The applicant shall also supply the supporting data for
the plan as developed by the engineer.
B.
Calculations to determine runoff, which shall be based
on the Soil-Cover Complex Method, a description of which is available from
the USDA Soil Conservation Service.
(1)
The design criteria for storm sewer piping on inlet systems
within a subdivision being developed shall be designed for a twenty-five-year-frequency
storm; culverts across roadways shall be designed for a fifty-year-frequency
storm; open watercourses or swales shall be designed for a one-hundred-year-frequency
storm prescribed in accordance with the following:
(a)
The coefficient of runoff used for all areas upstream
of any drainage structure shall be computed on the basis of existing land
use and the projected land use described and shown on the Borough of Brookville
Comprehensive Plan, and adjacent municipalities' comprehensive plans, where
applicable.
(2)
The following provisions apply to the carrying and disposal
of stormwater runoff:
(a)
All drainage facilities shall be designed to carry surface
water in such a manner as to prevent erosion or overflow.
(b)
The applicant shall agree to the granting and recording
of easements covering the installation and maintenance of drainage facilities.
(c)
The rate of runoff shall be no greater during and after
a one-hundred-year-frequency storm when the development is completed than
that which existed before the development began and appropriate measurements
of calculations shall be provided to verify such positions.
C.
A soils investigation report, if load-bearing fill is
proposed, which shall consist of test borings, laboratory testings and engineering
analysis to correlate surface and subsurface conditions with the proposed
grading plan. The results of the investigation shall be presented in a report
by a registered professional soils engineer and shall include data regarding
the nature, distribution and supporting ability of existing soils and rocks
on the site, conclusions and recommendations to insure stable soil conditions
and ground water control as applicable. The Borough of Brookville may require
such supplemental reports and data as is deemed necessary by the Brookville
Borough Engineer. Recommendations included in such reports and approved by
the Municipal Engineer shall be incorporated in the plan or specifications.
In addition:
(1)
Fills toeing out on natural slopes steeper than four
horizontal to one vertical shall not be deemed acceptable by the Brookville
Borough Engineer and approved by the Council of the Borough of Brookville.
The reports shall be made by a registered professional soils engineer certifying
that he has investigated the property, made soils tests and that in his opinion
such steeper slopes will safely support the proposed fill.
(2)
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.
Upon the approval of the plan by the Brookville Borough Engineer, the
Code Enforcement Officer shall issue the necessary grading permits.
A.
Notwithstanding any provision of this chapter or any
conditions of the grading permit, the permittee is responsible for the prevention
of damage to other property, or personal injury, which may be effected by
the activity requiring a grading permit.
B.
No person, firm or corporation shall modify, fill, excavate,
pave, grade, or regrade land in any manner so close to a property line as
to endanger or damage any adjoining street, alley, or any other public or
private property without supporting and protecting such property from settling,
cracking, erosion, sediment, flooding, or any other physical damage or personal
injury which might result.
C.
No person, firm or corporation shall deposit or place
any debris or any other material whatsoever, 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, firm or corporation shall fail to adequately
maintain, in good operating order, any drainage facility on his 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 grading permit granted under this chapter shall continuously
maintain and repair all graded surfaces and anti-erosion devices, retaining
walls, drainage structures or means and other protective devices, plantings
and ground cover, installed or completed. The Borough of Brookville is responsible
for maintenance and repair within the right-of-way of municipal roads.
F.
All graded surfaces shall be permanently seeded, sodded
and/or planted or otherwise protected from erosion within 30 days, weather
permitting, and shall be tended and/or maintained until growth is well established.
The disturbed area and duration of exposure shall be kept to a minimum using
temporary erosion and sediment control measures immediately.
G.
All trees in an area of extreme grade change shall be
protected with suitable tree wells, unless the necessity for removal is established.
Precautions shall be taken to prevent the unnecessary removal of trees.
H.
When required, adequate provisions shall be made for
dust control measures as are deemed acceptable by the Brookville Borough Engineer.
I.
All plans and
specifications submitted for a grading permit 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 standards and specifications established
by the County Soil Conservation District as adopted from standards and specifications
of the United States Soil Conservation Service.
(1)
Technical standards for the design and installation of
erosion and sediment control measures are on file with the Borough of Brookville,
the office of the County Conservation District and other governmental agency
offices.
(2)
Standards and specifications adopted for the purposes
of this chapter and by the County Conservation District include, but are not
limited to, the following basic conservation measures:
(a)
Temporary cover on critical areas.
(b)
Permanent grass and legume cover for critical areas on
prepared seedbed.
(c)
Permanent grass and legume cover for critical areas on
unprepared seedbed.
(d)
Sodding.
(e)
Mulching.
(f)
Temporary diversion.
(g)
Permanent diversion.
(h)
Grassed waterway or outlet.
(i)
Grade stabilization structure.
(j)
Debris basin.
(k)
Drain.
(l)
Drainage, mains or laterals.
J.
A quality control program is critical for fills; therefore,
wherever fill material is to be used, the person, firm, or corporation shall
be responsible for testing to determine its dry density as per ASTM D1556.
The density of each layer shall be not less than 95% of maximum density as
determined by ASTM D1557.
A.
All inspections shall be the responsibility of the Brookville
Borough Engineer, or, in his absence, a qualified person acceptable to the
Brookville Borough Engineer and the Borough of Brookville.
B.
Inspections will be carried out on a random basis, except
as stated below. However, a set of "as-built" plans shall be on file at the
site and authenticated by a registered professional engineer. When it is deemed
acceptable to the Brookville Borough Engineer, a designated qualified person
may authenticate the “as-built” plans and will assume full responsibility
for the quality of work.
C.
Any and all "as-built" plans shall be available on the
site at all times and be subject to inspection and inquiry.
D.
Engineering check notes shall accompany all "as-built"
plans which involve structural or mechanical measures and shall serve as supporting
evidence that structures meet design standards and specifications specified
herein.
E.
A final inspection shall be conducted by the Brookville
Borough Engineer to certify compliance with this chapter. Satisfactory compliance
with this chapter shall be necessary before issuance of an occupancy or use
permit.
Permittees shall bear all costs of inspections required or permitted
hereunder and shall deposit with the Council of the Borough of Brookville
such sums as the Borough of Brookville shall determine, to guarantee payment
of the costs of such inspections. The costs of inspections shall be in accordance
with the established schedule of fees and collection procedure for matters
pertaining to this chapter.
The fee for a grading permit shall be fixed by resolution of the Council
of the Borough of Brookville from time to time.
Any person, firm or corporation who shall violate any provision of this
chapter shall, upon conviction thereof, be sentenced to pay a fine of not
more than $600, plus costs of prosecution, and, in default of payment of such
fine and costs, to imprisonment for a term not exceeding 30 days. Each day
that a violation of this chapter continues shall constitute a separate offense.
In addition to the penalties set forth in § 106-16, any movement of the landscape, vegetation, or any ground cover performed in violation of this chapter shall be restored to its previous condition, including replacement of excavated earth, removal of illegally placed fill, and restoration of grades and planting.
