§ 22-506. Erosion and Sediment Control; Steep Slopes., Part 5. OPEN SPACE AND NATURAL RESOURCES, Chapter 22. Subdivision and Land Development, Municipal Code, Code of Ordinances, Phoenixville

No grading, excavating, removal or other movement of the topsoil and no removal or destruction of trees or other vegetative cover of the land shall be commenced until such time that a plan for minimizing erosion and sedimentation has been reviewed and approved by the Borough.

No subdivision or land development plan shall be approved unless there has been a plan approved by the Borough Council that provides for minimizing erosion and sedimentation consistent with this section and Pennsylvania DEP Chapter 102 Rules and Regulations, and an improvement bond, cash or other acceptable securities are deposited with the Borough in the form of an escrow guarantee which will ensure installation and completion of the required improvements or there has been a determination by the Borough Council that a plan for minimizing erosion and sedimentation is unnecessary.

Editor's Note: See 25 Pa. Code Chapter 102.

Measures used to control erosion and reduce sedimentation shall, as a minimum, meet the standards and specifications of the USDA Soil Conservation Service as adapted for use by the Chester County Soil and Water Conservation District and the guidelines under Chapter 102 of the Pennsylvania Department of Environmental Protection. The Borough Engineer, or other officials as designated, shall ensure compliance with the appropriate specifications, copies of which are available from the district or Borough Municipal Building.

Editor's Note: Now the Natural Resources Conservation Service.

The following measures are effective stormwater management strategies toward minimizing erosion and sedimentation and may be included as applicable in the conservation plan:

Vegetative Cover.

(1)

For that area of land which must be cleared of trees and other vegetation to allow construction of building and other improvements, the limits of clearing shall include only:

(a)

Dedicated streets and public service or utility easements.

(b)

Building roof coverage area plus 15 feet on all sides for construction activity.

(c)

Driveways, alleyways, walkways and ancillary structures such as patios.

(d)

Parking lots, except that the area subtracted for parking space shall not include any trees which are unique by reason of size, age or some other outstanding quality, such as rarity or status as a landmark or species specimen.

(e)

Other land area reasonably necessary to construction of the proposed buildings and other improvements.

(2)

Development plans shall preserve salient natural features, keep cut-and-fill operations to a minimum, and ensure conformity with topography so as to create the least erosion potential and adequately handle surface water runoff.

(3)

Wherever feasible, natural vegetation shall be retained, protected and supplemented.

(4)

The disturbed area and the duration of exposure shall be kept to a practical minimum.

(5)

Disturbed soils shall be stabilized as quickly as practicable.

(6)

Temporary vegetation and/or mulching shall be used to protect exposed critical areas during development. Stockpiled topsoil shall be seeded and silt fences provided where required.

(7)

The permanent (final) vegetation and structural erosion control and drainage measures shall be installed as soon as practicable in the development.

Cut-and-Fill Regulations.

(1)

Cut-and-fill slopes shall not be steeper than 50% unless authorized by the Planning Commission and stabilized by a retaining wall, cribbing or other means acceptable to the Borough. Slopes of finished grades shall not be less than 1.5%.

(2)

Adequate provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surface of fills.

(3)

No cut-and-fill shall endanger adjoining property.

(4)

Fill shall be placed and compacted so as to minimize sliding, slumping and erosion of the soil.

(5)

Fills shall not encroach upon or be placed adjacent to natural watercourses or constructed channels without first obtaining all regulatory permits.

Grading and Excavation Regulations.

(1)

Grading shall not result in the diversion of water onto the property of another landowner without the express consent of that landowner and the Planning Commission.

(2)

During grading and excavation operations, necessary measures for dust control will be exercised.

(3)

Grading and construction equipment will not be allowed to cross live streams. Provisions will be made for the installation of culverts or bridges.

Precautions at Steep Slopes.

(1)

Where steep slopes are 45° [1:1 slope] or greater, and the difference in elevation between the top and bottom of the slope is eight feet or greater, the developer shall provide such safety devices where, in the opinion of the Planning Commission and/or Borough Council, the said slope is deemed to provide a safety hazard to the general public.

(2)

No slope in excess of 25% shall be built on without a conditional use approved by Borough Council and shall be granted only on the following conditions:

(a)

A conditional use can only be granted if development is otherwise unfeasible.

(b)

The building located on the steep slope must be designed to accommodate the slope without requiring extensive grading.

(c)

The existing vegetation on the steep slope is to be retained to the greatest extent possible.

(d)

Access drives will not be permitted in steep slope areas if an alternative location is available at the determination of the Borough Engineer.

Responsibilities.

Whenever sedimentation is caused by stripping vegetation, regrading or other development, it shall be the responsibility of the person, corporation or other entity causing such sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses and to repair any damage at his expense as quickly as possible.

Maintenance of all drainage facilities and watercourses within any subdivision or land development is the responsibility of the developer until such facilities and watercourses become the responsibility of a community association or are accepted by the Borough or some other official agency, after which they become the responsibility of the accepting entity.

It is the responsibility of any person, corporation or other entity doing any act on or across from a communal stream, watercourse or swale, or upon the floodplain or right-of-way thereof, to maintain as nearly as possible in its present state the stream, watercourse, swale, floodplain or right-of-way during the pendency of the activity and to return it to its original or equal condition after such activity is completed.

Maintenance of drainage facilities or watercourses originating and completely on private property is the responsibility of the owner to its point of open discharge at the property line or at a communal watercourse within the property.

No person, corporation or other entity shall impede the flow of, alter, construct a structure within, deposit any material or thing within or commit any act which will affect normal or flood flow of any communal stream or watercourse without having obtained prior approval from the Borough and other regulatory agencies.

Where a subdivision is traversed by a watercourse, there shall be provided a drainage easement or right-of-way conforming substantially with the line of such watercourse and of such width as will be adequate to preserve natural drainage.