CHAPTER 9

GRADING AND EXCAVATING

PARTI

SEDIMENTATION AND EROSION CONTROL

§101. Legislative Intent§102. Purpose§103. Definitions§104. Approval of an Erosion and Sedimentation Control Plan Required§105. Minimum Standards§106. Principles and Effective Measures§107. Activities Requiring Stormwater Management Plan Approval and Permit§108. Activities Requiring Notification§109. Minimum Standards and Requirements; Stormwater Management Plan§110. Application and Approval for Permit§111. Stormwater Management Permit§112. Stormwater Management Facilities§113. Performance Bond and Liability§114. Inspections§115. Violations and Penalties§116. Injunctive Relief

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PARTI

SEDIMENTATION AND EROSION CONTROL

§101. LEGISLATIVE INTENT.

It is the intent of this Part to establish rules and regulations governing the modification ofnatural or disturbed terrain, the alteration of drainage, the maintenance of artificial structuresand surfaces, and to provide stormwater management so as to reduce flooding, to controlerosion and sedimentation, and to assure the public health, safety and general welfare inFrackville Borough.

(Ord. 87-5,11/9/1987, §1)

§102. PURPOSE.

This Part will regulate certain grading, paving, earth disturbing and alteration of drainagewithin the Borough of Frackville, Schuylkill County, Pennsylvania, and establish therequirements of notification of the Borough when such activities are contemplated and thesubmission of stormwater management and/or erosion control plans when required.

(Ord. 87-5,11/9/1987, §2; as amended by Ord. 91-1. 2/11/1991, §1)

§103. DEFINITIONS.

1. Word Usage. Words in the singular number include the plural and words in the pluralnumber include the singular; the present tense includes the future; the word "building"shall be deemed to include the word "structure." An individual shall be deemed toinclude any person, group of persons and/or partnership or corporation.

2. Definitions. Unless otherwise expressly stated, the following words shall, for thepurposes of this Part, have the meanings herein stated:

CUT - an excavation; the difference between a point on the ground and a designatedpoint of lower elevation on the final grade; also, the material removed in excavation.

DISCHARGE - the outflow of water, silt or other mobile substances passing along aconduit, watercourse, or a channel or released from any type of detention or stormwatermanagement feature.

EARTH DISTURBANCE ACTIVITY - certain paving, filling, stripping, grading,regrading, cutting, removal of vegetation or natural ground covers, excavation, digging,or earth moving undertaken by an individual on private or public property as hereinafterset forth.

EROSION - the processes by which soil particles are detached and transported by action

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of natural forces.

FILL-

(1) The act by which earth, sand, gravel, rock or any other material is depositedto a new location above the natural surface of the ground or on top of thestripped surface, and shall include the conditions resulting therefrom.

(2) The difference in elevation between a point on the original ground and adesignated point of higher elevation in the final grade.

(3) The material used to make a fill.

LAND DEVELOPMENT -

(1) The improvement of one lot or two or more contiguous lots, tracts or parcelsof land for any purpose involving:

(a) A group of two or more buildings; or,

(b) The division or allocation of land or space between or among two ormore existing or prospective occupants by means of, or for thepurpose of streets, common areas, leaseholds, condominiums,building groups or other features.

(2) A subdivision of land.

RUNOFF - that portion of the precipitation on a drainage area that is discharged fromthe area. Types include surface runoff, groundwater runoff or seepage. FOrd. 91-11

SEDIMENTATION - the processes by which solid particles are deposited by the actionof natural forces.

SLOPE - the degree of deviation of a surface from the horizontal, usually expressed inpercentage or degrees. A steep slope shall be considered any slope with a deviation of15% or more.

SOIL STABILIZATION - chemical, physical or structural treatment of a mass of soil toincrease or maintain its stability or otherwise improve its engineering properties.

STORMWATER MANAGEMENT FEATURE (FACILITY) - any element in astormwater management system which is made or improved by man. Two specialfacilities of this nature are:

(1) DETENTION PONDS - basins designed for storage of stormwater to reducepeak discharges. They are characterized by shorter detention periods, andare normally dry except for short periods following the storm event.

(2) RETENTION PONDS - basins designed for impoundment of stormwater to

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reduce peak discharges. They are usually wet all of the time but aredesigned to store excess stormwater above the normal pool elevation.Release rates are usually more gradual over an extended period of time.

STORMWATER MANAGEMENT SYSTEM - the facilities used for conductingstormwater to, through or from a drainage area to the point of final outlet, including butnot limited to, any of the following: conduits and appurtenant features, canals, channels,swales, ditches, streams, culverts, streets, pumping stations, ponds and basins.

SUBDIVISION - the division or redivision of a lot, tract or parcel of land by any meansinto two or more lots, tracts, parcels or divisions of lands including changes in existinglot lines for the purpose, whether immediate or future, of lease, transfer of ownership orbuilding or lot development; provided, however, that the subdivision by lease of landfor agricultural purposes into parcels of more than ten acres, not involving any newstreet or easement of access or residential dwellings, shall be exempted. [Ord. 91-11

(Ord. 87-5,11/9/1987, §3; as amended by Ord. 91-1, 2/11/1991, §§2, 3)

§104. APPROVAL OF AN EROSION AND SEDIMENTATION CONTROL PLANREQUIRED.

The following activities will require the submission of a plan and/or written proposal forminimizing erosion and sedimentation to be approved by the Borough or its designee and/orthe Schuylkill County Soil Conservation District unless there has been a determination by theBorough that such plans are not necessary: fOrd. 91-11

A. Any earth disturbance activity as herein defined.

B. No land development plan shall be approved unless there has been a planapproved by the Borough and / or the Schuylkill County Soil Conservation Districtthat provides for minimizing erosion and sedimentation consistent with this Part,and, if required by the Borough, an improvement bond or other acceptablesecurities are deposited with the Borough in the form of an escrow guaranty•which will ensure installation and completion of the required improvements.[Qrd. 91-11

(Ord. 87-5,11/9/1987, §4; as amended by Ord. 91-1. 2/11/1991, §§5, 6)

§105. MINIMUM STANDARDS.

Measures used to control erosion and reduce sedimentation shall, as a minimum, meet thestandards and specifications of the Schuylkill County Soil and Water Conservation District. TheBorough, or other officials as designated, shall ensure compliance with the appropriatespecifications, copies of which are available from the District or the Municipal Building ofFrackville Borough.

(Ord. 87-5,11/9/1987, §5; as amended by Ord. 91-1,2/11/1991, §7)

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§106. PRINCIPLES AND EFFECTIVE MEASURES.

The following measures are effective in minimizing erosion and sedimentation and shall beincluded where applicable in the control plan:

A. Stripping of vegetation, regrading or other development shall be done in such away that will minimize erosion.

B. Development plans shall preserve salient features, keep cut/fill operations to aminimum, and ensure conformity with topography so as to create the least erosionpotential and adequately handle the volume and velocity of surface water runoff.

C. Whenever feasible, natural vegetation shall be retained, protected and supple-mented.

D. The disturbed area and the duration of exposure shall be kept to a practicalminimum.

E. Disturbed soils shall be stabilized as quickly as practicable.

F. Temporary vegetation and/or mulching shall be used to protect exposed criticalareas during development.

"""̂G. The permanent (final) vegetation and structural erosion control and drainage

measures shall be installed as soon as practical in the development.

H. Provisions shall be made to effectively accommodate the increased runoff causedby changed soil and surface conditions during and after development. Wherenecessary, the rate of surface water runoff shall be structurally retarded.

I. Sediment in the runoff water shall be trapped until the disturbed area is stabilizedby the use of debris drains, sediment basins, silt traps or similar approvedmeasures.

(Ord. 87-5,11/9/1987, §6)

§107. ACTIVITIES REQUIRING STORMWATER MANAGEMENT PLAN APPROVALAND PERMIT.

The following activities will require the submission of a stormwater management plan andproposal to control soil erosion and sedimentation and application for an earth disturbancepermit: [Ord. 91-11

A. Any earth disturbance activity or land development plan where less than 70% ofthe tract is covered with impervious surfacing and where the percentage of areadisturbed will be 20% or more of the total area of the tract or 1,500 square feet,whichever is less.

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B. Any of those earth disturbance activities covered under §108 where the Boroughhas made the determination that such plans are necessary. [Ord. 91-11

(Ord. 87-5.11/9/1987, §7; as amended by Ord. 91-1, 2/11/1991. §§10,11)

§108. ACTIVITIES REQUIRING NOTIFICATION.

Any individual engaging in earth disturbance activity as herein defined or alteration of existingdrainage patterns within the Borough shall, before work is begun, notify the Borough of itsintention to perform such activities, when these activities involve: [Ord. 91-11

A. Any paving filling, stripping, grading or regrading in the floodplain or any steepslope. [Qrd. 91-11

B. The removal or alteration of any earthen barrier or embankment.

C. Any disturbing, modifying, blocking, diverting or offsetting of the naturaloverland of subsurface flow of stormwater in the Borough.

(Ord. 87-5.11/9/1987, §8; as amended by Ord. 91-1, 2/11/1991, §§12,13)

§109. MINIMUM STANDARDS AND REQUIREMENTS; STORMWATER MANAGE-MENT PLAN.

1. No plan or stormwater management facility shall be approved by the Borough or itsdesignee for any activity covered under this Part unless it can show that during thestorms and conditions specified in subsection (2), there shall be no increase instormwater peak discharge leaving the tract either during or after each disturbanceactivity covered under the plan or that any changes in stormwater runoff will notadversely impact properties downstream. fOrd. 91-11

2. Plans and designs for stormwater management facilities which are submitted to theBorough for approval shall be designed by a registered professional engineer inPennsylvania. The following parameters shall be used to provide for no increase instormwater peak discharge as per subsection (1), under the following conditions andstorm frequencies: fOrd. 91-11

A. Average antecedent moisture conditions.

B. A type II distribution storm.

C. A 5 year, 24 hour storm of 3.9 inches of rainfall.

D. A 10 year, 24 hour storm of 4.7 inches of rainfall.

E. A 25 year, 24 hour storm of 5.3 inches of rainfall.

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F. A 50 year, 24 hour storm of 5.9 inches of rainfall.

G. A 100 year, 24 hour storm of 6.5 inches of rainfall.

H. A 10 year storm shall be used for the design for the design of all stormwaterfacilities. The Borough may, however, based upon the scope and impact of theproposed improvements, require a more restrictive storm. [Ord. 91-11

3. All plans and designs for stormwater management facilities submitted to the Boroughfor approval shall determine stormwater peak discharge and runoff by the use of theRational Method or the Soil Cover Complex Method as set forth in the latest edition ofUrban Hydrology for Small Watersheds, Technical Release No. 55, and HydrologyNational Engineering Handbook, Section 4, both by U.S. Department of Agriculture, SoilConservation Service and its amendments. [Ord. 91-11

4. All natural streams, channels, swales, drainage systems and/or areas of concentrationof surface water shall be maintained in their existing condition unless alteration isapproved by the Borough. In any event, all encroachment activities shall comply "withChapter 105 of the Commonwealth of Pennsylvania's Department of EnvironmentalProtection, Title 25 Regulations. [Qrd. 12/14/19981

(Ord. 87-5, 11/9/1987, §9; as amended by Ord. 91-1. 2/11/1991, §§14-20; and by Ord.12/14/1998)

§110. APPLICATION AND APPROVAL FOR PERMIT.

Any person or persons wishing to engage in activities requiring management plan approvaland permit must first submit the following items:

A. A completed application for earth disturbing permit, available at the Borough HallOffice.

B. A stormwater management plan designed in accordance with this Part. [Ord. 91-11

C. A permit fee sum to be based on the charges specified in §111 of this Part

D. A performance bond specified under §113 of this Part.

(Ord. 87-5,11/9/1987, §10; as amended by Ord. 91-1. 2/11/1991. §§21, 22)

§111. STORMWATER MANAGEMENT PERMIT.

1. The applicant shall pay a fee as established from time to time by resolution of BoroughCouncil for any site of up to 1000 square feet undergoing earth disturbing activities andan additional fee as established from time to time by resolution of Borough Council foreach additional 1000 square feet or part thereof or such other fees as the Borough Council

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may establish by resolution. [Qrd. 12/14/19981

2. Conditions Upon Issuance. In granting any permit, the Borough may attach suchconditions thereto as it may deem reasonably necessary to prevent danger to public orprivate property or any sewer, storm drain or water course, or to prevent the operationfrom being conducted in a manner hazardous to life or property, or in a manner likelyto create a nuisance. Such conditions may include, but are not limited to, the erection orinstallation of walls, drains, dams and structures, plantings and vegetation, runoff anderosion control measures or devices, furnishing necessary easements, and a specifiedmethod of performing work. No permit shall be issued until a stormwater managementplan is approved by the Borough, and the developer certifies that all earth moving,grading and filling shall be performed pursuant to the stormwater management plan.Implementation of the stormwater management plan shall be a condition of the permit.fOrd. 91-11

3. Expiration of Permit. Every permit shall expire by limitation and become null and voidif the work authorized by such permit has not been commenced within 6 months or isnot completed within 1 year from the date of issue; provided, that the Borough may, ifthe permit holder presents satisfactory evidence that unusual difficulties have preventedwork from being started or completed within the specified time limits, grant a reasonableextension of time; and, provided further, that application for the extension of time ismade before the date of expiration of the permit. [Ord. 91-11

4. Revocation or Suspension. Any permit issued under this Part may be revoked orsuspended by the Borough after notice for: [Ord. 91-11

A. Violation of any condition of the permit.

B. Violation of any provision of this Part or any other applicable law, ordinance, ruleor regulation relating to the work.

C. Existence of any condition or the doing of any act constituting or creating anuisance, hazard or endangering human life or the property of others.

(Ord. 87-5. 11/9/1987, §11; as amended by Ord. 91-1. 2/11/1991, §§23-30; and by Ord.12/14/1998)

§112. STORMWATER MANAGEMENT FACILITIES.

1. All stormwater management facilities, including retention and detention basins designedand constructed for the purposes specified under this Part shall be maintained in properworking order in accordance with those design plans filed with the Borough and shallbe the responsibility of the property owner(s) upon whose property the facilities arelocated. In the case of a subdivision and/or land development, the developer may, if sodesired, establish a homeowner's association that, with Borough approval, shall beconsidered the responsible owner of all stormwater management facilities located in thearea of development.

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2. In order to insure proper maintenance and function of stormwater management facilities,the Borough or its designee shall perform inspections, carried out on a random basis.

3. If, at any time, the Borough, or its designee, discovers any violation or condition notconforming with those designs and plans filed with the Borough in regard to theoperation of a stormwater management facility, it shall notify the responsible owners ofthe violation, informing them of the nature of such violation and the manner in whichit can be corrected.

4. In the event the owner, occupant or homeowner's association, as the case may be, shallrefuse or neglect to comply with the provisions of this Part, or the requirements of theBorough, the Borough may then direct the work that may be required to correct theviolation in compliance with the terms of this Part and assess all such expense of suchcompliance against the owner, occupant or members of the homeowner's association,such amount to be collected as municipal claims are now collected by law.

(Ord. 87-5,11/9/1987, §12; as amended by Ord. 91-1, 2/11/1991, §§31-35)

§113. PERFORMANCE BOND AND LIABILITY.

1. The Borough shall, before issuing a permit, require a performance bond in a form andamount satisfactory to it and approved by the Borough Solicitor, conditioned upon thefaithful performance of the runoff and erosion control measures and other conditionsspecified in the permit within the times specified, or within any extension thereofgranted by the Borough, in the ? mount of the total estimated cost of all erosion andsediment control measures and sa/eguards of adjoining properties; or, in the alternative,by the deposit of funds or securities equal in value to the cost of improvements pursuantto the provisions of an escrow agreement providing, inter alia, that no portion of saidfunds may be released except upon order of the owner, occupier, homeowner'sassociation and the Borough, or a designated official of the Borough of Frackville, forpayment of the cost of labor, material and other costs of the installation of the aforesaidimprovements. In the event that the owner, occupier or homeowner's association shouldfail to complete the improvements within a prescribed period of time, the Borough shallhave the right to demand and receive from the escrow account the amount thenremaining in the escrow fund.

2. Default. Whenever the Borough shall find that a default has occurred in the performanceof any term or condition of the permit or bond, written notice thereof shall be given tothe principal and to the surety of the bond. Such notice shall state the work to be done,the estimated cost thereof and the period of time deemed by the Borough to bereasonably necessary for the completion of such work. In the event of any default in theperformance of any term or condition of the permit or the bond, the Borough ofFrackville, the surety, or any person employed or engaged on its behalf shall have theright to go upon the site to complete the required work or make it safe. In the event theBorough of Frackville undertakes the work or to make it safe with the funds from theescrow fund, such escrow funds shall be used to pay the cost of constructing, includingengineering and administration, for restoration of the site to meet the requirements ofthe permit. If the cost of the work or making it safe exceeds the amount of the escrow

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fund or performance bond, the permittee shall continue to be firmly bound under acontinuing obligation for payment of all excess costs and expenses incurred by theBorough of Frackville. The Borough Engineer shall submit a bill for all such excess costsand expenses to the permittee. All such excess costs and expenses incurred by theBorough shall be a personal obligation of the permittee and shall be a lien upon thepremises, and whenever a bill therefor remains unpaid for a period of 60 days after it hasbeen rendered by the Borough, the Borough Solicitor shall file a municipal claim or anaction of assumpsit for such costs and expenses in the manner provided by law for thecollection of debts and municipal claims.

3. Return of the Bond. A performance bond or escrow fund shall remain in force and effectuntil it is found that the work authorized by the permit has been satisfactorily completedin accordance with the requirements imposed upon final inspection of all earthdisturbances or flow alteration work. At such time, the Borough Engineer will certify tothe Borough that the work is approved and the performance bond or escrow fund shallbe returned to the depositor and his successors or assigns.

4. Liability Insurance. If in the opinion of the Borough Engineer the nature of the work issuch that it may create a hazard to human life or endanger adjoining property at a higheror lower elevation, or any street improvement or any other public property, then theBorough may, before issuing the permit, require that the applicant for a permit file acertificate of insurance showing that he is insured against claims for damages forpersonal injury, bodily injury and property damage, including damage to the Boroughof Frackville by deposit or washing material onto municipal streets or other publicimprovements, (which may arise from or out of the performance of the work, whethersuch performance be by himself, his subcontractor or any person directly or indirectlyemployed by or for him), in limits prescribed by the Borough in accordance with thenature of the risks involved but not less than $300,000.00 bodily injury and $100,000.00property damage, and including the Borough as an additional insured. Such insuranceshall be written by a company licensed to do business in the State. Neither issuance ofthe permit, nor compliance with the provisions hereto or any condition imposed by theBorough shall relieve any person from any responsibility for damage to persons orproperty otherwise imposed by law, nor impose any liability upon the Borough ofFrackville or its officers and employees for damages to persons or property.

5. In exercising its discretion regarding whether bonding and liability insurance is requiredand the amount and form of the bond, the Borough shall consider the scale of the project,the likelihood of damage to adjoining property or properties, the type of earthmovinginvolved (if any), the topography of the land and the history of the applicant withrespect to past earthmoving projects or other activities now governed by this Part.

(Ord. 87-5,11/9/1987, §13; as amended by Ord. 91-1.2/11/1991, §§36-40)

§114. INSPECTIONS.

1. Inspections of any earth disturbing or water flow alteration activities covered by this Partshall be the responsibility of the Borough or its designee and will be carried out on arandom basis to assure full compliance with the control plans on file in the Borough and

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with this Part. [Ord. 91-11

2. During inspections, if it is found that the conditions are not as stated or shown in theapplication and plans approved, the Borough may refuse to approve further work andrevoke present permits until approval is obtained for a revised plan conforming toexisting conditions. [Ord. 91-11

3. If at any stage of the work the Borough shall determine by inspection that the nature ofthe formation is such that further work as authorized by an existing permit is likely toendanger property, or streets or alleys, or create hazardous conditions, the Borough mayrequire as a condition to allowing the work to be done that such reasonable "safetyprecautions" be taken as the Borough considers advisable to avoid such likelihood ofdanger. [Ord. 91-11

4. No person shall interfere with or obstruct the ingress or egress to or from any such siteor premises by an authorized representative or agent of any surety or of the Borough ofFrackville engaged in completing the work to be performed under the permit or incomplying with the terms or conditions thereof.

(Ord. 87-5,11/9/1987, §14; as amended by Ord. 91-1. 2/11/1991. §§41-43)

§115. VIOLATIONS AND PENALTIES.

Any person who shall violate any of the provisions of this Part or who shall fail to comply withany written notice from the Borough that describes the condition of noncompliance orviolation within 5 days of receipt of that notice, upon conviction thereof, shall be sentenced topay a fine of not more than $1,000.00 plus costs and, in default of payment of said fine andcosts, to a term of imprisonment not to exceed 30 days. Each day that a violation continuesshall constitute a separate offense.

(Ord. 87-5,11/9/1987, §16:as amended byOrd. 91-1,2/11/1991.§44: and by Ord. 12/14/1998)

§116. INJUNCTIVE RELIEF.

The Borough Council may also enforce the provisions of this Part by seeking injunctions in theCourt of Common Pleas of Schuylkill County or any applicable jurisdiction prohibiting any ofthe activities which are included pursuant to the provisions of this Part. This remedy shall bein addition to those set forth in §115 hereof and the choice of one remedy shall not preclude theuse of the other.

(Ord. 87-5,11/9/1987, §17; as amended by Ord. 91-1,2/11/1991, §45)

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