[HISTORY: Adopted by the Borough Council of the Borough of
Wilmerding 11-14-1989 by Ord. No. 899 (Ch. 9, Part 1, of the
1989 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Soil Erosion,
Sedimentation and Grading Control Ordinance," implementing Title 25,
Rules and Regulations, Part I, Commonwealth of Pennsylvania Department
of Environmental Protection, Subpart C, Protection of Natural Resources,
Article II, Water Resources, Chapter 102, Erosion and Sediment 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 Wilmerding to assure and safeguard health, safety, ecology and
the general welfare in the Borough.
From and after the effective date of this chapter, any subdivision
and/or land development approved under the Subdivision and Land Development
Ordinance or activity qualified under §§ 160-5 and
160-6 herein shall be in conformity with this chapter. In the event
of a conflict between this chapter and the floodplain regulations,
the floodplain regulations shall take precedent.[1]
As used in this chapter, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
An azonal great group of soils, developed from transported
and relatively recently deposited material (alluvium), characterized
by a weak modification (or none) of the original material by soil-forming
processes.
Process of earthmoving by excavating part of an area and/or
using excavated material for embankments or fill areas.
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.
A condition of the soil, referring to the frequency and duration
of periods when the soil is free of saturation.
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.Â
Modifying, disturbing, blocking, diverting or otherwise adversely
affecting the natural overland or subsurface flow of stormwater.
B.Â
Construction, erection or installation of any drainage dam, ditch,
culvert, drainpipe, bridge or any other structure or obstruction affecting
the drainage of any premises.
C.Â
Paving, filling, stripping, excavating, grading or regrading of any
land.
D.Â
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.Â
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 5,000 square feet on any one property.
B.Â
Farming, gardening or lawn restoration, but not including sod farming.
A.Â
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.Â
A separate plan shall be required for each grading permit.
D.Â
Five copies of the proposed plan, including specifications and development
schedules, shall be submitted to the Secretary for a grading permit.
The Secretary shall forward one copy of the plan to the Planning Commission,
one copy to the Borough Engineer and one copy to the Zoning Officer.
E.Â
The plan for a grading permit shall be accompanied by a fee established
in the Borough Council's schedule of fees and collection procedures
for all applications and other matters pertaining to the Subdivision
and Land Development Ordinance and this chapter.
The plan for a grading permit shall include:
A.Â
A valid boundary line survey of the site on which the work is to
be performed.
B.Â
A description of the features, existing and proposed, surrounding
the site which are of importance to the proposed development.
C.Â
A plan of the general topography (including drainage) and soil conditions
on the site (latter available through the County Conservation District).
D.Â
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.Â
Plans and specifications of soil erosion and sediment control measures
in accordance with standards and specifications of the Borough and
the County Conservation District.
F.Â
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 § 160-9, and where
deemed necessary by the Borough Engineer and the Planning Commission
or the Borough Council, 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.Â
A plan of the property showing the location of all present and proposed
ditches, streams, pipes 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.Â
Calculations to determine runoff, which shall be based on the Soil-Cover
Complex Method, a description of which is available from the USDA
Natural Resources Conservation Service and outlined in the "Erosion
and Sediment Control Handbook, Allegheny County, Pennsylvania."
(1)Â
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, as prescribed in accordance
with the following:
(a)Â
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
Comprehensive Plan and adjacent municipalities' comprehensive
plans, where applicable.
(2)Â
The following provisions apply to the carrying and disposal of stormwater
runoff:
(a)Â
All drainage facilities shall be designed to carry surface water
in such a manner as to prevent erosion or overflow.
(b)Â
The applicant shall agree to the granting and recording of easements
covering the installation and maintenance of drainage facilities.
(c)Â
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
or calculations shall be provided to verify such provisions.
C.Â
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 ensure stable soil conditions and groundwater control, as applicable.
The Borough may require such supplemental reports and data as is deemed
necessary by the Borough Engineer. Recommendations included in such
reports and approved by the Municipal Engineer shall be incorporated
in the plan or specifications. In addition:
(1)Â
Fills toeing out on natural slopes steeper than four horizontal to
one vertical shall not be made unless a report is received which is
deemed acceptable by the Borough Engineer and approved by the Borough
Council. The report 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)Â
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 Borough Engineer, the Building
Inspector shall issue the necessary grading permit.
A.Â
Notwithstanding any provision of this chapter or any condition 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.Â
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.Â
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.Â
No person, firm or corporation shall fail to adequately maintain,
in good operating order, any drainage facility on his premises. All
drainage ditches, culverts, drainpipes and drainage structures shall
be kept open and free-flowing at all times.
E.Â
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
is responsible for maintenance and repair within the right-of-way
of municipal roads.
F.Â
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,
as outlined in the "Erosion and Sediment Control Handbook, Allegheny
County, Pennsylvania."
G.Â
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.Â
When required, adequate provisions shall be made for dust control
measures as are deemed acceptable by the Borough Engineer.
I.Â
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 Natural Resources Conservation Service and as
outlined in the "Erosion and Sediment Control Handbook, Allegheny
County, Pennsylvania."
(1)Â
Technical standards for the design and installation of erosion and
sediment control measures are on file with the Borough, the office
of the County Conservation District and other governmental agency
offices.
(2)Â
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)Â
Temporary cover on critical areas;
(b)Â
Permanent grass and legume cover for critical areas on prepared
seedbed;
(c)Â
Permanent grass and legume cover for critical areas on unprepared
seedbed;
(d)Â
Sodding;
(e)Â
Mulching;
(f)Â
Temporary diversion;
(g)Â
Permanent diversion;
(h)Â
Grassed waterway or outlet;
(i)Â
Grade stabilization structure;
(j)Â
Debris basin;
(k)Â
Drain; and
(l)Â
Drainage – mains or laterals.
J.Â
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.Â
All inspections shall be the responsibility of the Borough Engineer
or, in his absence, a qualified person acceptable to the Borough Engineer
and the Borough.
B.Â
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 Borough Engineer, a designated qualified
person may authenticate the as-built plans and will assume full responsibility
for the quality of work.
C.Â
Any and all as-built plans shall be available on the site at all
times and be subject to inspection and inquiry.
D.Â
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.Â
A final inspection shall be conducted by the 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 Borough such sum as the Borough
Council 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 procedures for matters
pertaining to this chapter.
The fee for a grading permit shall be fixed by resolution of
the Borough Council from time to time.
Any person, firm or corporation who or which shall violate any
provision of this chapter shall, upon conviction, be subject to a
civil penalty of $1,000 for each violation. Every day for which a
violation exists shall be a separate violation.
In addition to the penalties as set forth in § 160-16,
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.
[Added 9-3-2013 by Ord.
No. 1020]
A.Â
ABUTTING LAND OR STRUCTURE
AFFECTED SITE
BUILDING INSPECTOR
CALL ONE
CONTRACTOR
DEMOLITION
DUG OUT HOLES
ENGINEER
OWNER
RIGHT-OF-WAY
SANITARY SEWERS
SURFACE WATER SEWERS
STRUCTURE
WALLS
Definitions.
Whenever used in this section, the following words and phrases shall
have the meanings prescribed as follows:
Real estate not within the affected site but in such close
proximity as to be affected by the demolition activities.
Any parcel of land upon which a structure exists and shall
be inclusive of all the real estate under common contiguous ownership
as the land where the structure is situate and which land is the subject
of demolition, as used herein.
The person occupying that office at the Borough of Wilmerding.
Pennsylvania One-Call System, Inc., which implements the
Pennsylvania Line Protection Act.
That person, persons or entities who or which are actually
carrying out and performing demolition on an affected site, as used
herein.
The razing, removal and disposal of any improvement on land
or on an affected site, including a building or structure.
Voids which develop in the foundation area due to the demolition
process.
The Engineer of Wilmerding Borough.
The person or entity having title to the affected site.
Includes all public rights-of-way, including sidewalks, alleys
and streets.
Those sewer lines and accoutrements used for the conveyancing
of domestic, commercial or industrial sanitary waste.
Nonsanitary sewer lines used for the purpose of carrying
surface water and rainwater.
Any man-made improvement on a parcel of land.
The supporting portion of a structure which supports a building
or other structure or which supplies lateral support to abutting land.
B.Â
Whenever
any structure or improvement on land in the Borough is razed, demolished
or otherwise removed, the work must be carried out in compliance with
the standards set forth herein. Such land shall then be deemed to
be an "affected site." It shall be unlawful for any razing, demolition
or removal work to be undertaken except in compliance with this section.
C.Â
The following
rules are established to govern demolition activities on an affected
site or elsewhere in the Borough of Wilmerding.
(1)Â
It
shall be the sole responsibility of the owner of the land and contractor
performing the demolition on an affected site to first disconnect
all utilities, including the plugging of surface water sewers and
sanitary sewers. Prior to commencement of work, the owner and contractor
must utilize One Call services to ascertain the presence of easements
and utility lines and to take measures to assure that such lines,
easements and utilities are not disturbed or damaged. All holes, pits
and cavities on an affected site resulting from demolition must be
filled and the affected area restored as nearly as possible to its
natural state.
(2)Â
Material
used for backfill must be clean fill and free from organic and animal
matter. Four inches of topsoil must be placed on the surface of the
land on the entire affected property and seeded with grass seed –
Lesco Fine Fescue Links Bland – sown at a rate of four to five
pounds per 1,000 square feet. For subsurface fill, no masonry or other
material larger than eight inches in any dimension is permitted; no
combustible material of any kind is permitted. Backfilling shall be
compacted in layers no greater than eight inches in depth.
(3)Â
All
trees, trash, tires, weeds, rubbish, garbage and other material shall
be removed from the entire premises of the affected site. The owner
and contractor shall be responsible for the removal of these items
until final inspection and approval by the Building Inspector or Engineer.
The owner and contractor are responsible to determine perimeter boundaries
of the subject property.
(4)Â
If
"dug out" holes are to be utilized, the owner and contractor must
obtain approval from the Borough Engineer or Building Inspector or
his representative prior to putting in place any backfill material
so that the Inspector or Engineer can be present at the time the dug
out hole is used. In the event an owner or contractor should fail
to notify the Engineer or Building Inspector in advance of the intent
to backfill, he shall be responsible to re-excavate to the basement
floor for proper inspection.
(5)Â
In
order to cap a sanitary sewer or surface water sewer, the owner and
contractor are obligated to first notify the ALCOSAN, whose representative
should be present at the time of capping. In addition, the owner and
contractor shall be obligated to notify the Allegheny County Health
Department, Plumbing Division, prior to commencement of work and:
a) obtain a permit, if applicable; b) obtain plan approval; and c)
arrange for final inspection for the permanent sealing of a sanitary
sewer service line and all water service connections. In regard to
waterlines, the owner and contractor are obligated to first notify
the entity supplying water to the affected site and locate all lines
and take precaution to see that the same are capped; approval must
first be obtained by the entity supplying water to the affected site.
(6)Â
Owner
and contractor must obtain a demolition permit from the Building Inspector
for each structure to be demolished prior to the start of work at
the prevailing fee schedule. Permits shall be valid for a period of
six months.
(7)Â
Final
grade of the affected site shall be sloped and configured to direct
drainage away from abutting properties.
(8)Â
All
materials, debris, etc., removed from an affected site may only be
deposited at a landfill approved by the Department of Environmental
Protection.
(9)Â
The
owner and contractor shall confine all work operations to the limits
of the affected site and shall not deposit any debris, rubbish, materials
onto a public right-of-way or private property.
(10)Â
At no time and under no circumstances shall any structure or parts
thereof be set on fire.
(11)Â
All public sidewalks and rights-of-way must remain undisturbed and
free of obstructions.
(12)Â
Blasting or explosives may not be utilized
(13)Â
Metal track equipment may not be operated on paved streets unless
approved protection is utilized and only with the approval of the
Borough Engineer.
(14)Â
The exterior walls (supporting walls) of any structure which abut
a public right-of-way shall be left in place to assure continuing
lateral support to such street or alley. Such walls shall be removed
to the elevation of the public right-of-way. Walls (nonsupporting
walls) parallel to a public right-of-way shall be removed to an elevation
of 18 inches below the abutting right-of-way. Walls (bracing walls)
perpendicular to and directly connected to a supporting wall shall
be left in place at the same height as the supporting wall and sloped
away on a two-to-one slope.
(15)Â
The Engineer or designated representative shall have the authority
to stop work if the owner or contractor fails to comply with the standards
herein or if a condition is found to exist which poses a threat to
public safety.
(16)Â
The owner and contractor must comply with all prevailing federal,
state and/or local laws and regulations pertaining to work on and
disposal of asbestos or other hazardous or toxic materials. This includes
the obligation to be duly licensed by the Allegheny County Health
Department.
(17)Â
The owner and contractor are responsible for safety on the affected
site and in the immediate environment and to that end shall furnish,
erect and maintain barricades, lights and/or warning "Keep Out" signs
at places and locations where the placing of such protective devices
is warranted or as directed by the Borough representative.
(18)Â
The owner and contractor shall be responsible for all demolition
activities and to make certain that such activities do not create
dangerous conditions to abutting structures or members of the public.
The owner and contractor shall not deface, mar or damage any abutting
land or structures and shall be obligated to repair any such damage
within a reasonable time.
(19)Â
All obligations set forth herein are the joint responsibilities of
the owner and contractor.
D.Â
If an
interested party is aggrieved by a decision of the Borough representative
or the application of the within standards, that person may file for
a variance from the Borough Building Inspector. If the Building Inspector
refuses the relief sought, the interested person may file an appeal
with the Wilmerding Borough Zoning Hearing Board within 30 days of
the date when the Building Inspector made the decision.
E.Â
Violations
of this section shall be deemed to be civil in nature. For each violation
of this section, any person or entity found guilty shall be subject
to a civil penalty of $1,000 for each violation. Every day for which
a violation exists shall be a separate violation.
F.Â
If any
provision of this section shall be in conflict with any preexisting
ordinance, the more restrictive provision shall govern.
