Chapter 15A, Erosion and Sediment Control

[HISTORY: Adopted by the Borough Council of the Borough of Harveys Lake 1-18-2000 by Ord. No. 1-2000. Amendments noted where applicable.]

Brush, grass and weeds -- See Ch. 6.
Building construction -- See Ch. 7.
Drainage -- See Ch. 11.
Driveways and curb cuts -- See Ch. 12.
Lake development -- See Ch. 24.
Street excavations -- See Ch. 41, Art. I.
Zoning -- See Ch. 50.

§ 15A-1. Findings; purpose.
A. The Harveys Lake Borough Council has found that:

(1) Inadequate management of accelerated runoff of stormwater resulting from development throughout a watershed increases flood flows and velocities, and lack of proper wetland conservation throughout a watershed contributes to accelerated erosion and sedimentation, overtaxes the carrying capacity of streams and storm sewers, greatly increases the cost of public facilities to carry and control stormwater, undermines floodplain management and flood control efforts in downstream communities, reduces groundwater exchange, and threatens public health and safety.
(2) A comprehensive program of stormwater management and wetland conservation, including reasonable regulation of development and activities causing accelerated erosion and sediment pollution, is fundamental to the public health, safety and welfare and the protection of the people of the municipality and all the people of the commonwealth, their resources and environment.
B. The purpose of this chapter is to promote the public health, safety, and welfare by minimizing the damages described in Subsection A(1) by provisions designed to:
(1) Control accelerated runoff, erosion and sediment pollution problems at its source by regulating activities which cause such problems.
(2) Utilize and preserve the desirable existing natural drainage systems.
(3) Encourage recharge of groundwaters.
(4) Maintain the existing flows, quality, and integrity of wetlands, streams and watercourses in the municipality and the commonwealth.
(5) Preserve and restore the flood-carrying capacity of streams.
(6) Provide for proper maintenance of the permanent stormwater management controls and structures which are constructed in the municipality.

§ 15A-2. Applicability; plans.
A. This chapter shall apply to permanent and temporary stormwater management controls and facilities constructed as part of any of the activities listed in this section.
B. This chapter contains only minimum stormwater runoff control criteria and standards, which are necessary or desirable from a total watershed perspective. Additional stormwater management design criteria (i.e., inlet spacing, inlet type, collection system details, etc.) which represent sound engineering practice may be regulated either by separate stormwater ordinance provisions or as part of the general responsibilities of the municipal engineer.
C. The following activities are included within the scope of this chapter.

(1) Land development.
(2) Subdivision.
(3) Earth disturbance (see Section 402EN).
(4) Construction and new or additional impervious or semi-pervious surfaces (driveways, parking lots, etc.).
(5) Construction of new buildings or additions to existing building.
(6) Forest management operations.
(7) Nursery operations.
(8) Diversion or piping of any natural or man-made channel.
(9) Installation of stormwater controls and facilities or appurtenances thereto.
(10) Mining operations.
(11) Agricultural operations.
(12) Land development involving wetlands.
D. All proposed construction, grading, excavation or any form of earthmoving activities shall provide for both temporary and permanent erosion and sedimentation facilities in conformance with the April 1990 edition of the Erosion and Sedimentation Pollution Control Program Manual, as published by the Bureau of Soils and Water Conservation, Pennsylvania Department of Environmental Protection. All erosion and sedimentation control plans shall be submitted along with any required fee to the Luzerne County Conservation District for its review and approval. No construction, including but not limited to grading, excavations and/or any forms of earthmoving activities, shall be undertaken until written approval of an Erosion and Sedimentation Control Plan is received from either the Luzerne County Conservation District or the Harveys Lake Borough Council.

§ 15A-3. Conduct of earthmoving activities.
All earthmoving activities shall be conducted in such a way as to prevent accelerated erosion and the resulting sedimentation.

§ 15A-4. Approval of plan.
A. No changes shall be made in the contour of the land; no grading, excavating, removal or destruction to the topsoil, 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 Luzerne County Soil and Water Conservation District, or there has been a determination by the Luzerne County Soil and Water Conservation District that such a plan is not necessary.
B. In the event that the Conservation District does not require one, an Erosion and Sedimentation Control Plan in appropriate detail must be submitted to either the Borough Council or its designee. The Council requires submission of a plan for any activity that disturbs more than 100 square feet of soil.

§ 15A-5. Standards and specifications.
The soil erosion and sedimentation control plan and measures used to control erosion and sedimentation shall meet the standards and specifications set forth in the Pennsylvania Department of Environmental Protection Soil Erosion and Sedimentation Control Manual and Chapter 102 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection.

§ 15A-6. Effective measures.
The following measures are deemed effective in minimizing erosion and sedimentation, and shall be included in control plans as applicable:
A. Stripping. Stripping of vegetation for development shall be done in such a way that will prevent all but minor erosion.
B. Natural features. Development plans shall preserve salient natural features, keep cut-fill operations to a minimum, and ensure conformity with topography so as to create the least erosion potential and adequately handle the volume and velocity of surface water runoff.
C. Natural vegetation. Whenever feasible, natural vegetation shall be retained, protected, and supplemented.
D. Disturbed areas. The disturbed area and the duration of exposure shall be kept to a practical minimum.
E. Stabilization. Disturbed soils shall be stabilized as quickly as practicable.
F. Temporary vegetation and mulching. Temporary vegetation and/or mulching shall be used to protect exposed critical areas during development.
G. Permanent vegetation and measures. The permanent final vegetation and structural erosion control and drainage measures shall be installed as soon as practical in the development
H. Accommodation of increased runoff. Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. Where necessary, the rate of surface water runoff shall be structurally retarded.
I. Containment of sedimentation. Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of debris basins, sediment basins, silt traps, or similar measures.

§ 15A-7. Submission to county, permit.
Where the earthmoving activity affects 25 acres or more, the soil erosion and sedimentation control plan must be submitted to the County Conservation District, together with an application for an earthmoving permit. An earthmoving permit must be granted by the Pennsylvania Department of Environmental Protection prior to preliminary approval of a subdivision or land development.

§ 15A-8. Effect on subdivisions and land development.
The Borough Council in its consideration of all proposed subdivisions and land developments shall condition its approval upon the execution and implementation of an erosion and sedimentation control plan which meets the governing standards of the Luzerne County Soil and Water Conservation District, based upon written verification by said Agency in approval of a submitted plan or Council acceptance of a satisfactory plan.

§ 15A-9. Violations and penalties.
Any person failing to comply with any provision of this chapter shall be subject to a fine of up to $500 per day and costs, or in default thereof shall be confined in the county jail for a period of not more than 30 days. Each day of noncompliance shall constitute a separate offense.