Presenter
Presented by Mr. Koch
Title
Ordinance amending and supplementing Title Ten: Building, Chapters 1001 and 1003, of the Pittsburgh Code to add the requirements of federal and state laws, regulations and standards regarding stormwater management for construction sites and for after construction activities have been completed.
Body
WHEREAS, the City of Pittsburgh ("City") finds that inadequate management of accelerated runoff of stormwater resulting from development throughout a watershed increases flows and velocities, contributes to 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 flood plain management and flood control efforts in downstream communities, reduces groundwater recharge, threatens public health and safety, and increases non-point source pollution of water resources; and
WHEREAS, a comprehensive program of stormwater management, including reasonable regulation of development and activities causing accelerated runoff, is fundamental to the public health, safety and welfare and the protection of people of the Commonwealth, the City, their resources and the environment; and
WHEREAS, federal and state regulations require certain municipalities including the City and the Pittsburgh Water and Sewer Authority to implement a program of stormwater controls and to obtain a permit for storm water discharges from its separate storm sewer systems under the National Pollutant Discharge Elimination System ("NPDES").
Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. Title 10, Building, Chapter 1001, Scope, Intent and Application, Section 1001.04, Intent, of the Pittsburgh Code of Ordinances is amended and supplemented as follows:
§ 1001.04 PURPOSE AND INTENT
(a) This Title is hereby declared to be remedial and shall be construed to secure the beneficial interests and purposes, thereof, which are public safety, health and welfare through structural strength and stability, means of egress, adequate light and ventilation and safety to life, limb and property from fire and other hazards, incident to the design, construction, alteration, repair, removal, demolition, use or occupancy of buildings or structures and their appurtenant equipment.
(b) The purpose of this Title is additionally to promote health, safety, and welfare within the City watersheds, through provisions designed to:
(1) Meet legal water quality requirements under state law, including regulations at 25 Pa. Code Chapter 93, to protect, maintain, reclaim and restore the existing and designated uses.
(2) Preserve the natural drainage systems as much as possible.
(3) Manage stormwater impacts close to the runoff source.
(4) Provide procedures and performance standards for stormwater planning and management.
(5) Prevent scour and erosion of stream banks and streambeds.
(6) Provide proper operations and maintenance of all permanent SWM BMPs that are implemented within the City.
(7) Provide standards to meet NPDES permit requirements.
(8) Maintain groundwater recharge, to prevent degradation of surface and groundwater quality and to otherwise protect water resources.
(9) Encourage innovative BMPs for site plans in post-construction stormwater management in both new development and redevelopment.
Section 2. Title Ten, Building, Chapter 1003, Land Operations Control, of the Pittsburgh Code of Ordinances is amended and supplemented as follows:
CHAPTER 1003: LAND OPERATIONS CONTROL AND STORMWATER MANAGEMENT
§ 1003.01 Definitions
§ 1003.02 Permit and Plan required; application of chapter; Regulations
§ 1003.03 Land and transporting operations requiring a permit
§ 1003.04 Regulated Activities Requiring a Plan; Stormwater Management Standards.
§ 1003.05 Permit ApplicationPermit Application
§ 1003.06 Stormwater Management Site Plan Requirements.
§ 1003.07 Permit issuance; conditions
§ 1003.08 Inspection
§ 1003.09 Additional safety precautions
§ 1003.10 Display of permit placard
§ 1003.11 Change of plans
§ 1003.12 Expiration of permit
§ 1003.13 Permit and Plan suspension or revocation
§ 1003.14 Certificate of completion
§ 1003.15 Existing and completed land operations
§ 1003.16 Applicability of standards
§ 1003.17 Grading
§ 1003.18 Drainage
§ 1003.19 Protection of adjacent property and utilities
§ 1003.20 Ground cover
§ 1003.21 Transportation of material
§ 1003.22 Slope location related to buildings
§ 1003.23 Land reclamation project application
§ 1003.24 Reclamation operational requirements
§ 1003.25 Development program
§ 1003.26 Referral to Zoning Administrator
§ 1003.27 Permits and certificates of completion
§ 1003.28 Bonds and Insurance for Land operations without Regulated Activities
§ 1003.29 Bonds and Insurance for Land Operations with Regulated Activities.
§ 1003.30 Entry upon premises
§ 1003.31 Permit and Plan fees
§ 1003.32 Penalties
§ 1003.33 Appeals
§ 1003.01 DEFINITIONS.
As used in this Chapter ,Chapter, certain terms are defined as follows:
(a) ACCD. The Allegheny County Conservation District, which has the authority as an agency of state government to administer and enforce all or a portion of the erosion and sediment control program in Allegheny County.
(b) ACT or ACT 167 means the Storm Water Management Act (Act of October 4, 1978, P.L. 864, No. 167; 32 P.S. §§ 680.1-680.17, as amended by Act of May 24, 1984, P.L. 324, No. 63).
(c) AGRICULTURAL ACTIVITY. The work of producing crops including tillage, land clearing, plowing, disking, harrowing, planting, harvesting crops, or pasturing and raising of livestock and installation of conservation measures. Construction of new buildings or impervious area is not considered an Agricultural Activity.
(d) APPLICANT. A landowner, developer or other person who has filed an application for approval to engage in any Regulated Activities.
(e) BMP (BEST MANAGEMENT PRACTICE) or SWM BMP. Activities, facilities, designs, measures or procedures used to manage stormwater impacts from Regulated Activities, to meet State Water Quality Requirements, and to otherwise meet the purposes of this Chapter. BMPs include but are not limited to infiltration (except in the Landslide-Prone Overlay District and undermined areas), filter strips, low impact design, bioretention, wet ponds, permeable paving, grassed swales, forested buffers, sand filters and detention basins. Structural SWM BMPs are permanent appurtenances to the site. BMPs include but are not limited to those described or depicted in the City of Philadelphia Stormwater Management Guidance Manual (2007) and in the DEP Pennsylvania Stormwater BMP Manual.
(f) CHANNEL: A natural stream that conveys water; a ditch or open channel excavated for the flow of water.
(g) CITY. The City of Pittsburgh, Allegheny County, Pennsylvania.
(h) CODE OFFICIAL. The executive official in charge of the Department of Building Inspection as defined in the ICC International Building Code, Section 103.1 as amended (Title 10, Chapter 1002, Section 1002.02), or such other officer of the City as may from time to time be designated by the City Council or its designee.
(i) DECISION-MAKING BODY. The entity (City Council, Planning Commission, Zoning Board of Adjustment, Zoning Administrator, Planning Director, department head or Code Official) that is authorized to finally approve or deny an application, plan or permit required under this Chapter.
(j) DEP. The Pennsylvania Department of Environmental Protection.
(k) DEPARTMENT. The Department of City Planning of the City of Pittsburgh.
(l) DESIGN STORM. The magnitude and temporal distribution of precipitation from a storm event measured in probability of occurrence (e.g. a 5-year storm) and duration (e.g. 24-hours), used in the design and evaluation of stormwater management systems.
(m) DETENTION. Slowing, dampening, or attenuating runoff flows entering the storm drainage system by temporarily holding water in areas such as detention basins, reservoirs, on roof tops, in streets, parking lots, or within the drainage system itself, and releasing the water at a desired rate of discharge.
(n) DETENTION BASIN. The basin designed to retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate.
(o) DEVELOPER. Any landowner, agent of such landowner or tenant with the permission of such landowner, who seeks to make or makes or causes to be made a subdivision or land development or to undertake any Regulated Activities at a site in the City.
(p) DEVELOPMENT. Any activity, construction, alteration, change in land use or similar action that affects stormwater runoff characteristics. The definitions in the "Subdivision Regulations & Standards of the City Planning Commission," the" the Special Definitions for the Riverfront Overlay District of the Zoning Code, and/or the definition in Chapter 926 of the Zoning Code may apply.
(q) DISCHARGE. Rate of flow, specifically fluid flow. A volume of fluid flowing from a conduit or channel, or being released from detention storage, per unit of time. Commonly expressed as cubic feet per second (cfs), million gallons per day (mgd), gallons per minute (gpm), or cubic meters per second (cms).
(r) DISTURBED AREA. An un-stabilized land area where a land operation is occurring or has occurred.
(s) DRAINAGE. Interception and removal of excess surface water or groundwater from land by artificial or natural means.
(t) ENCROACHMENT. Any structure or activity which in any manner changes, expands or diminishes the course, current or cross section of any watercourse, floodway or body of water.
(u) EROSION. The wearing away of the land surface by running water, wind, ice, other geological agents, or chemical action.
(x) EXTENDED DETENTION VOLUME (EDV). Release of run-off - i.e., runoff in excess of Permanently Removed Volume (PRV) - over a period of time not less than 4824 and not more than 9672 hours from the start of the design storm.
(y) EXISTING CONDITION. The dominant land cover during the five (5) year period immediately preceding a proposed Regulated Activity.
(cc) FLOODPLAIN. Any land area susceptible to inundation by water from any natural source or delineated by applicable Federal Emergency Management Agency (FEMA) maps and studies as being a special flood hazard area. Also included are areas that comprise Group 13 Soils, as listed in Appendix A of the Pennsylvania Department of Environmental Protection Technical Manual for Sewage Enforcement Officers.
(dd) FLOODWAY. The channel of the watercourse and those portions of the adjoining floodplains that is reasonably required to carry and discharge the 100-year flood. Unless otherwise specified, the boundary of the floodway is as indicated on maps and flood insurance studies provided by FEMA. In an area where no FEMA maps or studies have defined the boundary of the 100-year floodway, it is assumed - absent evidence to the contrary - that the floodway extends from the stream to 50 feet from the top of the bank of the stream.
(gg) GREEN INFRASTRUCTURE. The use of natural systems to help absorb, infiltrate, evaporate or re-use stormwater runoff, including but not limited to rain barrels and cisterns, roofs covered with vegetation and plantings, tree boxes, rain gardens and pocket wetlands.
(hh) GROUNDWATER. That part of the subsurface water which is below the zone of saturation.
(ii) IMPERVIOUS SURFACE (IMPERVIOUS AREA). A surface that prevents the infiltration of water into the ground. Impervious surfaces (or covers) shall include, but not be limited to, roofs, additional indoor living spaces, patios, garages, storage sheds and similar structures, and any new streets or sidewalks. Decks, parking areas, and driveway areas are not counted as impervious areas if they do not prevent infiltration. The measurement of impervious areas shall include all of the impervious areas in a proposed development even if development is to take place in stages.
(jj) INFILTRATION. The penetration and movement of water through the earth's surface.
(kk) LAND DEVELOPMENT (DEVELOPMENT). Inclusive of any or all of the following meanings: (i) the improvement of one lot or two or more contiguous lots, tracts, or parcels of 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 or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups, or other features; (ii) any subdivision of land; (iii) development in accordance with the Pittsburgh Zoning Code.
(ll) [((h)]) LAND OPERATION. An operation and related activities involving or primarily connected with reshaping of land including, but not limited to, grading; surface mining; removal of trees, vegetation or other natural ground cover; transportation of fill or other material for disposal purposes; clearing and grubbing; excavations; embankments; road maintenance; building construction and the moving, depositing, stockpiling, crushing, or storing of soil, coal, rock or earth materials; ; and surfacing of land.
(nn) LANDSLIDE PRONE AREA. Any area delineated on the City of Pittsburgh Landslide Prone Overlay Zone Map and /or which is determined by a geotechnical study to be landslide prone.
(nnoo) MEADOW. A field of grass orgrass or other vegetation excluding shrubs or trees.
(oopp) PEAK DISCHARGE. The maximum rate of stormwater runoff from a specific storm event.
(ppqq) PEAK RATE OF RUNOFF. The maximum rate of flow of water at a given point and time resulting from a specific storm event.
(qqrr) PERMANENTLY REMOVED VOLUME (PRV). The volume of runoff that is permanently removed from the runoff and not released into surface Waters of this Commonwealth during or after a storm event.
(ttss) PERVIOUS AREA. Any area not defined as impervious.
(vvuu) REGULATED ACTIVITIES. Any land operations, earth disturbances or any activities that involve the alteration or development of land in a manner that may affect stormwater runoff.
(vvww) RETENTION/REMOVED. The volume of runoff that is captured and not released directly into the Waters of this Commonwealth during or after a storm event.
(wwxx) RETURN PERIOD. The average interval, in years, within which a storm event of a given magnitude can be expected to occur one time. For example, the 25-year return period rainfall would be expected to occur on average once every twenty-five years.
(xxyy)) REVIEW BODY. The entity (City Council, Planning Commission, Zoning Board of Adjustment, Zoning Administrator, Planning Director, department head or Code Official) that is authorized to approve or deny or to recommend approval or denial of an application, plan or permit required under this Chapter.
(yyzz) RUNOFF. Any part of precipitation that flows over the land.
(aaazz) SEDIMENT. Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site or origin by air, water, gravity, or ice and has come to rest on the earth's surface.
(aaabbb)[((l)] SITE. A lot or parcel of land or a series of lots or parcels of land considered as a single unit upon which a land operation is to be performed or is being performed and/or the specific area of land where any Regulated Activities are planned, conducted or maintained.
(dddeee) STATE WATER QUALITY REQUIREMENTS. The regulatory requirements to protect, maintain, reclaim, and restore water quality under Pennsylvania Code Title 25 and the Pennsylvania Clean Streams Law, 35 P.S. § 691.1 et seq., as amended.
(eeefff) STORMWATER. Drainage runoff from the surface of the land resulting from precipitation or snow or ice melt.
(fffggg) STORMWATER MANAGEMENT BMPs is abbreviated as SWM BMPs throughout this Chapter.
(ggghhh) STORMWATER MANAGEMENT FACILITY. Any structure, natural or man-made, that, due to its condition, design, or construction, conveys, stores, or otherwise affects stormwater runoff. Typical stormwater management facilities include, but are not limited to, detention and retention basins, open channels, storm sewers, pipes, and, except in the Landslide-Prone Overlay District and undermined areas, infiltration structures.
(hhiiih) STORMWATER MANAGEMENT PLAN. The plan for managing stormwater runoff approved by the DEP and adopted by the City as required by the Act of October 4, 1978, P.L. 864, (Act 167), as amended, and known as the "Storm Water Management Act."
(iiijjj) STORMWATER MANAGEMENT SITE PLAN or SWM SITE PLAN. The plan prepared by the applicant or his representative indicating how stormwater runoff will be managed at the development site in accordance with this Chapter.
(kkklll) TRANSPORTING OPERATION. The conveyance of material for disposal or fill purposes from one (1) site to another site over any public street.
(lllmmm) TRANSPORT ORIGIN POINT. Any site from which material is conveyed to another site as a transporting operation.
(mmmnnn) UNDERMINED AREA. Area where coal or other minerals have been mined, removing the lateral support and leaving underground voids where the accumulation of water can occur and/or can increases acid mine drainage.
(oooppp) WATERS OF THIS COMMONWEALTH. Rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs and other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this Commonwealth.
(pppqqq) WATERSHED. Region or area drained by a river, watercourse or other body of water, whether natural or artificial.
(qqqrrr) WETLAND. Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, fens, and similar areas.
Break1
(rrrsss) ZONING ADMINISTRATOR. The staff member of the Department of City Planning, so designated by the City Planning Commission, who is charged with the administration of the Zoning Ordinance, Subdivision Regulations and Standards of the City Planning Commission, and the zoning, planning and stormwater management provisions of this Chapter or such other officer of the City authorized to act on the Administrator's behalf.
§ 1003.02 PERMIT AND PLAN REQUIRED; APPLICATION OF CHAPTERCHAPTER; REGULATIONS.
(a) No land operation as herein defined where the nature, extent, volume, degree or quantity or any part thereof to be conducted or undertaken within any period of twenty-four (24) conseutive months, exceedsthe limitations specifiedherein, shall be conducted or undertakewithin thety unless a permit is obtained from the Code Official.
(b) No Regulated Activities as herein defined shall commence until the City approves a plan which demonstrates compliance with the requirements of this Chapter and of the applicable City zoning, subdivision and building ordinances, regulations and standards.
([b]c) This Chapter shall also apply to any existing land operation where the nature, extent, volume, degree or quantity of any part of the operation to be performed exceeds the limitations specified herein, or to any existing land operation that has become a hazard to life or property or affects the safety, use or stability of a public street or way, or otherwise constitutes a public nuisance.
(d) All Regulated Activities and all activities that may affect stormwater runoff, including land development or earth disturbance, within the boundaries of the City, are subject to regulation by this Chapter.
(e) The Department Director or Code Official is authorized to develop stormwater regulations and guidelines under this Chapter or to allow other methods of stormwater management which are acceptable to the DEP or which comport with other stormwater management practices approved within the Commonwealth of Pennsylvania.
§ 1003.03 LAND AND TRANSPORTING OPERATIONS REQUIRING A PERMIT.
(a) When required. A land operations permit shall be obtained from the Code Official in the following instances except when included in the operations for which a permit is not required under subsection (b) hereof. A single permit involving a single site may include any one (1) or all of the kinds of operations to be performed in connection with that site. When more than one (1) site is involved such as excavating at one (1) site and filling at another, separate permits for each site shall be required. Separate permits shall be also required for any transporting operation not involving a site, where the operation requires a permit under subsection (a)(5) hereof.
(1) Grading, involving:
A. Fifty (50) cubic yards or more;
B. An excavation or fill, five (5) feet or more in vertical depth at its deepest point as measured from the natural ground surface of any slope with a gradient of twenty-five (25) percent or more;
C. Excavation below finished grade for basement, cellar, and/or foundation of any aboveground structure, swimming pool or underground structure on a lot with an average existing slope with a gradient of twenty-five (25) percent or more;
D. An easement for a public sewer, water main, storm drain or power line;
E. An encroachment on or alteration of an existing drainage channel or watercourse.
(2) Surface mining involving fifty (50) cubic yards or more.
(3) Removal of trees, vegetation or other natural ground cover:
A. Over an area in excess of ten thousand (10,000) square feet;
B. On any slope with a gradient in excess of twenty-five (25) percent, when in the opinion of the Code Official, the removal of such ground cover could affect the stability of existing slope.
(4) Surfacing and paving of land other than streets or ways with hard surface or compacted nonpermeable material such as asphalt, concrete or slag, with area in excess of ten thousand (10,000) square feet.
(5) Transportation of any material for disposal purposes over public streets, in total quantity of material in excess of one thousand five hundred (1,500) cubic yards.
(6) Any "major excavating, grading or filling" operation as so defined in § 903.02 and permitted as a conditional use under the Zoning Ordinance.
(b) When not required. A land operation permit shall not be required by virtue for any of the following:
(1) Grading or paving for street improvement, when a City street improvement permit is required.
(2) An excavation or fill below finished grade for basement and/or foundation of an aboveground structure, swimming pool or underground structure, other than on a lot with an average gradient of twenty-five (25) percent or more, when otherwise authorized by a valid building permit and when the cost of the excavation is included in the building permit evaluation.
(3) Grading activity that constitutes Regulated Activity and is subject to the requirements of Section 1003.04.
§ 1003.04 REGULATED ACTIVITIES REQUIRING A PLAN; STORMWATER MANAGEMENT STANDARDS.
(a) When required. For all Regulated Activities equal to or greater than 150,000 sq. ft. in area, implementation of water quality controls, peak rate controls and preparation of a SWM Site Plan are required unless such activities are exempt under subsection (c) hereof.
(b) What required. All Regulated Activities shall include such measures as necessary to:
(1) Protect health, safety, and property;
(2) Meet State Water Quality Requirements as defined in Section 1003.01. The Review Body may, after consultation with DEP, approve alternative methods for meeting the State Water Quality Requirements other than those in this Chapter, provided that they meet the minimum requirements of, and do not conflict with, State law, including but not limited to, the Clean Streams Law.
(3) Meet the water quality goals of this Chapter by implementing measures to:
A. Minimize disturbance to floodplains, wetlands, natural slopes over 125%, and existing native vegetation.
B. Preserve and maintain trees and woodlands. Maintain or extend riparian buffers and protect existing forested buffer. Provide trees and woodlands adjacent to impervious areas whenever feasible.
C. Establish and maintain non-erosive flow conditions in natural flow pathways.
D. Minimize soil disturbance and soil compaction.
Cover disturbed areas with topsoil having a minimum depth of 4 inches. Use tracked equipment for grading when feasible.
E. Disconnect impervious surfaces by directing runoff to pervious areas.
(4) Incorporate the techniques described in Appendix A (Low Impact Development Practices) of this Chapter whenever practical. The applicant shall provide the opinion of a qualified professional to substantiate a claim that the Appendix A techniques are not practical.
(5) Impervious Areas.
A. The measurement of impervious areas shall include all of the impervious areas in the total proposed development even if development is to take place in stages.
B. For development taking place in stages, the entire development plan must be used in determining conformance with this Chapter.
C. For projects that add impervious area to a parcel, the total impervious area on the parcel is subject to the requirements of this Title and of Title Nine, the Zoning Code.
(c) Exemptions.
(1) Regulated Activities less than 1510,000 sq. ft. in area are exempt from the requirements of §§ 1003.04, 1003.06 and 1003.29.
(2) Regulated Activities equal to or greater than 150,000 sq. ft. in area that create less than 15,000 sq. ft. of new impervious area and that meet the Area of Influence (A) requirements shown in Table 1A, which may be revised from time to time by the Director of the Department, are exempt from the peak rate control and the SWM Site Plan preparation requirement of this Chapter.
(23) Regulated Activities equal to or greater than 150,000 sq. ft. in area that create less than 15,000 sq. ft. of new impervious area and that meet the Area of Influence (A) requirements shown in Table 1B, which may be revised from time to time by the Director of the Department, are exempt from the rate control requirements of this Chapter.
(3) Use the Guidelines in Appendix C to determine the Area of Influence, A, in acres and the total impervious area, a, in sq. ft. to determine if an exemption is applicable for regulated activities less than 1000 sq. ft.
(4) The Pennsylvania Stormwater Best Management Practices Manual, DEP accepted methods, practices, calculations, and other commonly accepted methods, practices, and calculations used by stormwater management professionals, subject to the approval of the Zoning Administrator, shall be used to determine the Area of Influence, A, in acres and the total impervious area, a, in sq. ft. to determine if an exemption is applicable for Regulated Activities
(54) After the date of the enactment of this Chapter, if a subdivision and land development plan is submitted that addresses peak rate control and includes a SWM Site Plan, then the impervious exemption is calculated from the date of approval of that plan, based upon the impervious area shown on the subdivision and land development plan.
(565) Agricultural plowing and tilling are exempt from the rate control and SWM Site Plan preparation requirements of this Chapter provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
(676) If conditions exist that prevent the reasonable implementation of water quality and/or quantity control practices on site, upon written request by the applicant, the Department may at its sole discretion accept off-site stormwater management practices, retrofitting, stream restorations, or other practices that provide water quality and/or quantity control equal or greater than onsite practices for the volume which the applicant has demonstrated to be infeasible to manage and treat on site.
(7) The regulations and guidelines of the City of Philadelphia Stormwater Management Guidance Manual (2007), prepared by the Philadelphia Water Department Office of Watersheds, or the Pennsylvania DEP Stormwater Best Management Practices Manual, or other DEP accepted methods, practices, calculations, or other commonly accepted methods, practices, and calculations used by stormwater management professionals, subject to the approval of the Zoning Administrator, shall be used to determine if an exemption is applicable for Regulated Activities.
(88) Exemptions from any provisions of this Chapter, except for §section 1003.04(c)(1), shall not relieve the Applicant from the requirements in sections 1003.04(b)(4), 1003.04(b)(5) and 1003.19(a).
TABLE 1A: SWM exemptions from Peak Rate Controls and SWM Site Plan preparation for Area of Influence, A, less than 3 acres. Area of Influence, A (acres) Total Impervious Area, a, Exempt from Peak Rate Controls and from SWM Site Plan Preparation (sq. ft.) < 0.125 acre 1000 0.2 1400 0.3 1900 0.4 2300 0.5 2700 0.6 3100 0.7 3500 0.8 3900 0.9 4200 1.0 4600 1.1 4900 1.2 5200 1.3 5500 1.4 5900 1.5 6200 1.6 6500 1.7 6800 1.8 7100 1.9 7300 2.0 7600 2.1 7900 2.2 8200 2.3 8400 2.4 8700 2.5 9000 2.6 9200 2.7 9500 2.8 9800 2.9 10000 |
TABLE 1B: SWM exemptions from peak rate controls (ONLY) for Area of Influence, A, 3.0 acres and greater Area of Influence, A (acres) Total Impervious Area a, Exempt from Peak Rate Controls ONLY (sq. ft.) 3 10300 3.1 10500 3.2 10800 3.3 11000 3.4 11300 3.5 11500 3.6 11700 3.7 12000 3.8 12200 3.9 12500 4 12700 4.1 12900 4.2 13200 4.3 13400 4.4 13600 4.5 13800 4.6 14100 4.7 14300 4.8 14500 4.9 14700 5 15000 > 5 15000 Notes: The area of influence, A in acres and the total impervious area a in sq. ft. are calculated using the guidelines provided in Appendix C. |
(d) Water Quality.
Low Impact Development pPractices (Appendix A) are encouraged for all Regulated Activities. Water quality control shall be implemented using the following methodologies, or as otherwise determined by the Zoning Administrator from time to time:
(1) The Simplified Method is independent of site conditions.
A. Retention and detention facilities shall be sized to capture the first two one inches (21") of runoff from all impervious surfaces.
B. The first one inch (1.0") of runoff shall be permanently removed and shall not be released into the surface Waters of this Commonwealth. This is the Permanently Removed Volume ("PRV"). Removal options include reuse, evaporation, transpiration, and, except in the Landslide-Prone Overlay District and in undermined areas, infiltration.
C. For projects that meet the exemption criteria in Table 1A, the subsequent one inch (1.0") of runoff shall be detained. This is the Extended Detention Volume ("EDV").
D. For projects that do not meet the exemption criteria in Table 1A, the 1-year 24-hour runoff volume shall be detained.
E. Infiltration of the first one-half inch (0.5") of the PRV is encouraged, provided that the geological and soil conditions are conducive to infiltration. Infiltration is prohibited in the Landslide-Prone Overlay District. and in undermined areas. Where infiltration of the first one-half inch of the PRV is permitted, this portion of the PRV is the Groundwater Recharge Volume ("GRV").
F. The PRV requirement for land areas with existing cover consisting of meadow, brush, wood-grass combination, or woods proposed for conversion to any other non-equivalent type of pervious cover shall be one-fourth (1/4) inch of runoff.
G. Retention and detention facilities should be designed to drain both the PRV and EDV completely within 4248 to 9648 hours from the start of the storm.
HD. Retention facilities should be designed to accommodate infiltration of the PRV. Infiltration areas should be spread out and located in the sections of the site that are most suitable for infiltration. Except that there shall be no infiltration in the Landslide-Prone Overlay areasDistrict or in undermined areas.
(2) The Design Storm Method requires detailed modeling based on site conditions.
A. Do not increase the post-development total runoff volume for all storms equal to or less than the 2-year 24-hour duration rainfall.
B. Do not increase peak rate of runoff for (1-, 2-, 10-, 25-, 100-year storms (at minimum), pre-development to post-development; as necessary, provide additional peak rate control as required by Act 167 planning.
C. Existing (pre-development) non-forested pervious areas must be considered meadow or its equivalent.
D. Twenty (20) percent of existing impervious area, when present, shall be considered meadow in the model for existing conditions.
(3) In all cases, retention and detention facilities should be designed to completely drain water quality volumes (in the case of the Simplified Method this includes both the PRV and EDV) over a period of time not less than 4824 and not more than 9672 hours from the start of the design storm.
The Pennsylvania Stormwater Best Management Practices Manual (1) provides guidance on selection and application of both water quality control methods. However, water quality control methods that comply with the City of Philadelphia Stormwater Management Guidance Manual (2007) or other stormwater management regulations promulgated within the Commonwealth of Pennsylvania and approved by the DEP may be substituted.
(e) Rate Controls.
(1) Areas not covered by a Release Rate Map from an approved Act 167 Stormwater Management Plan:
Post-development discharge rates shall not exceed the predevelopment discharge rates for the 2-, 5-, 10-, 25-, 50-, and 100-year storms. If it is shown that the peak rates of discharge indicated by the post-development analysis are less than or equal to the peak rates of discharge indicated by the pre-development analysis for 2-, 5-, 10-, 25-, 50-, and 100-year, 24-hour storms, then the requirements of this section have been met. Otherwise, the applicant shall provide additional controls as necessary to satisfy the peak rate of discharge requirement.
(2) Areas covered by a Release Rate Map from an approved Act 167 Stormwater Management Plan:
For the 2-, 5-, 10-, 25-, 50-, and 100-year storms, the post-development discharge rates will follow the release rate maps in this Chapter or in the Zoning Code. For any areas not shown on the release rate maps, the post-development discharge rates shall not exceed the predevelopment discharge rates.
§ 1003.[04]05 PERMIT APPLICATION.
(a) Form and content. Written application for a permit shall be made on a form prescribed for that purpose by the Code Official, and shall include such plans and detailed information as may be required in accord with application specifications adopted by the Code Official, but includes at least the following:
(1) Initial submission.
A. The application shall include a plot plan identifying any site involved, with official street address, property dimensions, and designation of block and lot numbers from the Allegheny County Block and Lot System. The plan shall also show existing and proposed buildings and other structures and adjacent streets and public or private property;
B. Plans or statements clearly describing nature and extent of the operations so that necessary fees can be determined and additional information as may be necessary can be indicated by the Code Official.
(2) Subsequent submission. Additional information which the Code Official may determine is necessary to evaluate the proposal shall be submitted, if not included in the initial submission. This information includes but is not limited to the following:
A. General plans showing the plan of work, cross sections, present and proposed contours, description of the type of soil and rock strata and any coal workings, known or which after reasonable examination can be ascertained, location of utilities, sewers and drains, details of surface protection, walls, cribbing and any other structures on the property;
B. Specifications which shall set forth details of the work, such as materials, methods, procedures, insurance and estimated dates for starting and completing the work;
C. If any structures will be affected by the work, calculations may also be required showing the safety of the structure and earth pressures;
D. Where a fill is involved, the following additional information: Plan showing preparation of natural ground surface by benching and removal of top soil, vegetation and other materials. Description of surface and subsurface draining control. Results of stability and analysis. Description of kind of material to be used in fill. Statement of intended moisture density control of fill. Statement of method of compacting fill and thickness of layers to be used in the compacting. Statement of tests to be made prior to and during the process of filling and the names of persons or agencies responsible for making the tests.
(3) Waiver of requirements. If the land operation involves a Regulated Activity the Code Official may waive the information required under this section if such information is contained in a SWM Site Plan in accordance with section 1003.06.
(b) Character of required data.
(1) Drawings other than plot plans, calculations and grading specifications shall be prepared by a registered professional and shall be submitted with his/her seal.
(2) The Code Official may waive the submission of any drawings, calculations or specifications required by this section if the work can be sufficiently described in the application or is contained in a SWM Site Plan. The Code Official may also waive the requirement for preparation of drawings, calculations and specifications by a registered professional, where the nature of the operation does not require such submission.
(3) Soil analysis. Unless otherwise approved by the Code Official, any analysis and design pertaining to soils engineering or any required soils tests shall be made under the direction of a registered professional.
(c) Referral to Zoning Administrator and other agencies. The Code Official shall submit the application for approval by the Zoning Administrator and any other agency which in his judgment may be affected by or have an interest in the performance of the work.
§ 1003.06 STORMWATER MANAGEMENT SITE PLAN REQUIREMENTS.
(a) Plan contents.
(1) The requirements of Section 922.04 of the Pittsburgh Zoning Code and the "Subdivision Regulations and Standards of the City Planning Commission" shall be followed for the preparation of the SWM Site Plan.
(2) The SWM Site Plan shall additionally provide the following informationfollowing information:
A. The overall stormwater management concept for the project.
B. A determination of Site Conditions in accordance with Appendix B.
C. Stormwater runoff computations as specified in this Chapter.
D. Expected project time schedule.
E. A soil erosion and sedimentation control plan, where applicable, as prepared for and submitted to the ACCD.
F. The effect of the project (in terms of runoff volumes and peak flows) on adjacent properties and on any existing municipal stormwater collection system that may receive runoff from the site.
G. Plan and profile drawings of all SWM BMPs including open channel and swales. Drawings shall indicate hydraulic facility.
H. The locations of existing and proposed septic tank infiltration areas and wells.
I. A permanent fifteen-foot wide pathway for use by vehicles shall be provided around all SWM BMPs, such as ponds and infiltration structures. The pathways shall connect to a public thoroughfare.
JI. The drawings shall indicate the manner of collection of stormwater runoff into storm sewers where available.
KJ. The incorporation wherever applicable and feasible of green infrastructure for stormwater management.
(b) Plan submission.
(1) Five (5) copies of the SWM Site Plan shall be submitted as follows:
A. Two (2) copies to the Zoning Administrator.
B. One (1) copy to the Code Official.
C. One (1) copy to the Pittsburgh Water and Sewer Authority.
D. One (1) copy to the ACCD.
(2) Additional copies shall be submitted as requested by the City or DEP.
(c) Plan review.
(1) The SWM Site Plan shall be reviewed by the Review Body for consistency with the provisions of this Chapter. The Review Body shall provide a written recommendation for the Decision-Making Body to approve or disapprove the SWM Site Plan. If it is recommended to disapprove the SWM Site Plan, the Review Body shall state the reasons for the disapproval in writing. The Review Body also may recommend approval of the SWM Site Plan with conditions and, if so, shall provide the acceptable conditions for approval in writing. The SWM Site Plan review and recommendations shall be completed within 45 calendar days of the receipt by the Review Body of the SWM Site Plan.
(2) The Decision-Making Body shall notify the applicant in writing whether the SWM Site Plan is approved or disapproved. If the Plan is disapproved, the Decision-Making Body shall cite the reasons for disapproval.
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(3) The Decision-Making Body's approval of a SWM Site Plan shall be valid for a period not to exceed two (2) years. This two-year time period shall commence on the date that the Decision-Making Body signs the approved SWM Site Plan. If stormwater management facilities included in the approved SWM Site Plan have not been constructed, or if an As-Built Survey of these facilities has not been approved within this two-year time period, then the Decision-Making Body may consider the SWM Site Plan disapproved and may revoke any and all permits.
(4) Plans approved by the Decision-Making Body shall be on site throughout the duration of the Regulated Activity.
(d) Modification of Plans. A modification to a submitted SWM Site Plan that involves a change in SWM BMPs or techniques, or that involves the relocation or re-design of SWM BMPs, or that is necessary because soil or other conditions are not as stated on the SWM Site Plan as determined by the Decision-Making Body, shall require a resubmission of the modified SWM Site Plan in accordance with this section.
(e) Subsequent submission. A disapproved SWM Site Plan may be resubmitted, with the revisions addressing the Decision-Making Body's concerns in accordance with this Chapter. The applicable review fee must accompany a resubmission of a disapproved SWM Site Plan.
(f) As- Built Surveys.
(1) The applicant shall be responsible for completing an "As-Built Survey" of all SWM BMPs included in the approved SWM Site Plan. The As-Built Survey and an explanation of any discrepancies with the design plans shall be submitted to the Zoning Administrator.
(2) The submission shall include a certification of completion from an engineer, architect, surveyor or other qualified person verifying that all permanent SWM BMPs have been constructed according to the plans and specifications and approved revisions thereto.
(3) After receipt by the Decision making Body of the certification of completion, the Code Official may conduct a final inspection.
§ 1003.0[5]7 PERMIT ISSUANCE; CONDITIONS.
If the Code Official finds that the application and the plans, specifications and description filed therewith comply with the requirements of this Chapter, and that the proposal is for an operation in conformity with this Chapter and with other laws and ordinances applicable thereto, and that the performance of the work will not create a dangerous condition or endanger adjacent property or create a hazard to human life, he shall issue a land operations permit. Where appropriate the permit may be subject to conditions, stated in the permit, which he/she deems necessary or proper to carry out the purposes of thisChapter. The conditions may include, but shall not be limited to:
(a) A reasonable time limit or completion of the work.
(b) Limitations upon te hours of day, days of he week and travel on public streets.
tab (c) Construction of additional drainage facilities, berms, terracing or cribbing.
(d) Tests of soil or other material used or involved in the operation of the results of which shall be made available as soon as possible to the Code Official.
(e) Restrictions upon the size, type and number of pieces of equipment to be used, including trucks on public streets or thoroughfares.
(f) Planting of appropriate ground cover on slopes to provide retention of soil and to control erosion.
§ 1003.0[6]8 INSPECTION.
(a) Special Inspector. (See Section 1003.01([n]cccddd)). The Code Official is hereby authorized to require the employment of a special inspector during the performance of the work. The special inspector shall be a qualified person approved by the Code Official and shall be employed by the owner. The special inspector shall be a registered professional, or have had at least five (5) years experience in the type of work he is to inspect. If in the opinion of the Code Official, the qualifications of a special inspector may be in doubt, he/she shall have authority to require the inspector to pass a written examination prepared by the Code Official. The special inspector shall furnish inspection on the work as directed by the Code Official. He/she shall make weekly reports in writing to the Code Official furnishing all necessary information regarding progress of the work. The report shall also include the total cubic yards filled, excavated or transported on a weekly basis.
(b) Inspection when special inspector not required. In those instances where the nature of the work does not, in the opinion of the Code Official, require the employment of a special inspector, inspection shall be made at regular intervals until completion of the work, in accord with procedures followed by Building Inspection under this Title.
(c) Right-of-Entry. Upon presentation of proper credentials, the Code Official may enter at reasonable times upon any property within the City to inspect the condition of the stormwater structures and facilities in regard to any aspect regulated by this Chapter.
(d) SWM BMPs should be inspected by the owner on the following basis:
(1) Annually for the first 5 years.
(2) Once every 3 years thereafter,
(3) During or immediately after the cessation of a 10-year or greater storm.
(e) A written report of each inspection listed in subsection (d) hereof shall be provided to the Code Official within 14 days of such inspection.
§ 1003.0[7]9 ADDITIONAL SAFETY PRECAUTIONS.
If at any time, the Code Official determines by inspection, the nature of the operation is such that further work as authorized by an existing permit is likely to endanger any property or public way, the Code Official may require as a condition of allowing further work to be done, that reasonable safety precautions be taken as the Code Official considers advisable to avoid such likelihood of danger. The safety precautions may include, but are not limited to specifying a flatter exposed slope, construction of additional drainage facilities, berms, terraces, compaction or cribbing.
§ 1003.[08]10 DISPLAY OF PERMIT PLACARD.
A permit placard issued by the Code Official, and if deemed necessary by the Code Official, more than one (1) permit placard, indicating that a permit has been issued, shall be displayed and maintained in a conspicuous place on any site, plainly visible to the general public from adjacent streets, and kept there for the duration of the operation. In case of a transportation operation where a permit is not otherwise required in connection with an on-site land operation, the permit placard shall be kept at each origin or destination site of the transporting operation within the city.
§ 1003. [09]11 CHANGE OF PLANS.
(a) No departure or deviation shall be made from the plans, specifications or description after issuance of the permit unless new information is submitted, approved by the Code Official and incorporated in the permit.
(b) No person shall modify, remove, fill, landscape, or alter any SWM BMPs without the written approval of the Decision-Making Body.
§ 1003.1[0]12 EXPIRATION OF PERMIT.
Every permit shall expire by limitation and become void if the work authorized by the permit has not been commenced within six (6) months, or subsequent to the starting thereof, has been discontinued for a period of six (6) months from the date of issue. However, the Code Official may, upon presentation of satisfactory evidence that unusual difficulties have prevented the work from being started or continued within the specified time limits, grant a reasonable extension of time, provided such evidence is submitted prior to the date of expiration of the permit.
§ 1003.1[1]113 PERMIT AND PLAN SUSPENSION OR REVOCATION.
(a) Permits. Whenever the work for which a permit has been issued is not being performed in conformity with the plans, specifications and descriptions filed with the application, the Code Official may suspend or revoke the permit in accordance with the procedures set forth in § 1003.[13]15. The Code Official may also suspend or revoke the permit when he finds that the continuation of the work would create a dangerous condition, nuisance, pollution, or a hazard to life or property.
(b) Plans. Any approval for a Regulated Activity may be suspended or revoked by the Code Official for:
(1) Non-compliance with, or failure to implement, any provision of the approval.
(2) A violation of any provision of this Chapter or any other applicable law, ordinance, rule or regulation relating to the Regulated Activity.
(3) The creation of any condition or the commission of any act during the Regulated Activity which constitutes or creates a hazard or nuisance, pollution, or which endangers the life or property of others.
(c) A suspended approval may be reinstated by the Code Official when:
(1) The Code Official has inspected and approved the corrections to the violations that caused the suspension.
(2) The Code Official is satisfied that the violation has been corrected.
(d) An approval that has been revoked by the Code Official cannot be reinstated. The applicant may apply for a new approval under the provisions of this Chapter.
§ 1003.[12]14 CERTIFICATE OF COMPLETION.
Upon completion of the operation for which permit has been obtained, the owner, or a special inspector in charge of the operation on behalf of the owner, or registered professional if the operation involves a Regulated Activity, shall certify in writing to the Code Official that the operation has been completed in compliance with the provisions of this Chapter.
§ 1003.[13]15 EXISTING AND COMPLETED LAND OPERATIONS.
(a) Maintenance. The owner of any property in which a land operation project has been conducted shall be responsible for maintenance in good condition and repair all retaining walls, cribbing, drainage, structures, fences, ground cover and other protective devices as established by the permit, and the continued further use of such area shall be contingent upon the maintenance and upkeep satisfactory to the Code Official.
(b) Elimination of hazard. Whenever the Code Official determines that any land operation either in process or completed, and whether or not a permit is required under this Chapter has, from any cause, become a hazard to life or property, or affects the safety, use or stability of a public street or way, or otherwise constitutes a public nuisance, the owner of the property upon which the operation is located, or other person or agent in control of such property, upon receipt of notice in writing from the Code Official, shall within thirty (30) days of the date of the notice or less in emergency situations, comply with such requirements of the chapter as the Code Official may direct, or take other action ordered by the Code Official to eliminate the hazard or nuisance, or other danger to the public street or way. Where compliance with the order of the Code Official may not be possible within such period, and where public safety will not be adversely affected, the Code Official may grant an extension of time for a specified period for compliance.
§ 1003.[14]16 APPLICABILITY OF STANDARDS.
The following standards for land operations and activities set forth in this Chapter shall apply to any work performed pursuant to a permit as required herein, and shall also apply to operations and activities regardless of whether a permit is required under this Chapter.
§ 1003.[15]17 GRADING.
(a) Finished slope. The slope of a finished cut of any excavation shall not be steeper than one and one-half (1 1/2) horizontal to one (1) vertical, and the finished slope of a fill shall not be steeper than two (2) horizontal to one (1) vertical, unless a different ratio is recommended in writing by a registered professional for the work and is approved by the Code Official. The Code Official may require flatter slopes on cuts and fills if he finds this to be necessary to insure stability and safety and to avoid possible damage to persons or property.
(b) Placement of fill. No fill shall be placed over trees, stumps or other organic and unstable material which would create a nuisance or be susceptible to attracting rodents, termites or other pests.
(c) Compacting and benching. All fill shall be compacted to provide stability of material and to prevent undesirable settlement, and proper benching shall be provided, as required, in accordance with the recommendations of a registered professional, or as may be approved by the Code Official.
§ 1003.[16]18 DRAINAGE.
(a) Accommodation of surface and subsurface water. Sufficient drainage shall be provided to accommodate surface and subsurface water during any grading operation and after its completion in order to prevent additional water from flowing onto adjacent property or from unduly increasing the load on sewage or drainage facilities. Facilities in the form of pipe-pervious granular layers, buried granular trenches, and the like, shall be provided to control subsurface groundwater flow or pore water pressures as needed to assure stability.
(b) Preservation of natural drainageways. Any operation that will change the course, width or elevation of any natural or other drainageway channel in such a manner as to obstruct, interfere with, or change the drainage of such land shall be compensated by an alternative by which run-off or seeping water can be carried to a satisfactory disposal.
(c) Protection of slope faces. Adequate provision shall be made to prevent any storm or surface water from damaging the cut face of any excavation or the sloping face of any fill. When necessary for protection of critical areas during construction, diversion ditches or terraces shall be provided.
(d) Design of drainage facilities. Drainage facilities shall be of such design as to carry storm and surface waters to the nearest practical street storm drain or natural watercourse, approved by the Department of Public Works as a safe place to deposit and receive the waters.
(e) Protection during construction. Suitable areas shall be utilized for spreading and desilting storm water. Protective vegetation shall be maintained on drainageways serving as temporary outlets for storm water, during construction and until storm sewers have been completed. Wherever necessary, sediment basins, debris basins, desilting basins or silt traps shall be installed and maintained during construction.
(f) Sub-drainage facilities. Adequate sub-drainage shall be provided in connection with any fill to avoid the development of hydrostatic pressures.
§ 1003.[17]19 PROTECTION OF ADJACENT PROPERTY AND UTILITIES.
(a) Prevention of slides or washes. Discharges onto adjacent property shall not be created, increased, decreased or relocated, or otherwise altered, without permission of the adjacent property owner(s). Such discharges shall be subjected to the requirements of this Chapter. Materials shall not be permitted to roll, slide, flow or wash onto adjacent private or public property, and where necessary, walls or benching shall be utilized to comply with this requirement.
(b) Horizontal distance of excavation or fill slope from property or easement line. The horizontal distance from either the toe or top of the excavation or fill slope line shall be five (5) feet or one-half (1/2) of the vertical height of the fill or excavation from any adjoining property or easement line, whichever is greater, but the distance need not exceed ten (10) feet. The Code Official shall have the authority to modify this requirement in instances where it is demonstrated that the modification is needed to secure desirable interrelationships between properties and will not result in a condition detrimental to the adjacent property.
(c) Support and protection of public utilities and public streets. A firm commitment shall be in effect for proper support and protection from drainage resulting from the operation, for all public and private utilities, whether on the surface, beneath the ground surface or overhead, and when necessary, for the repair, replacement or relocation of such utilities. The surface and other facilities of public streets shall be fully restored by the permittee, in the event of such damage. The owner shall correct any damage to the utility involved before the Code Official issues the completion certificate.
(d) Fencing. Should the nature of land operation, in the opinion of the Code Official, create a hazard to persons or property, unless adequately fenced, the owner shall construct the fences or guard rails as safeguards to persons using adjoining public or private property.
§ 1003.[18]20 GROUND COVER.
(a) Scheduling of areas to be stripped. Areas to be stripped of natural cover shall be limited to those required by feasible operational schedules, which schedules delineating those areas shall be submitted with the application.
(b) Interim protective vegetation. Protective vegetation and/or mulching, or artificial cover, shall be established on all areas where soil is to be exposed for more than six (6) months, including topsoil stockpiles and borrow pits, except that this provision shall not apply to land operations where the principal material used for fill, or the principal material being excavated or stockpiled, consists of slag or other material with similar qualities of inherent stability and imperviousness to weather.
(c) Preservation of natural features. In order to prevent the denuding of the landscape, wherever practical, large trees and other natural features which constitute physical, esthetic and economic assets to the community shall be preserved and shall be protected during ground moving operations.
(d) Final ground cover. Permanent final vegetation or other ground cover shall be installed as soon as practical in the development. Upon completion of the operation, the entire site shall be ground covered and provided with drainage facilities in an approved manner so as to avoid excessive erosion, sedimentation and storm run-off. The Code Official may require this work to be done in accord with specifications of a registered landscape architect, an experienced nurseryman or other person qualified in this field.
§ 1003.[19]21 TRANSPORTATION OF MATERIAL.
(a) Approval of the Department of Public Works. The proposed use of public streets or thoroughfares for the transportation of material for disposal or fill purposes shall have the approval of the Department of Public Works.
(b) Size and type of vehicles and hours of operation. The size and type of vehicle used, and the hours of operation shall be as approved by the Department as related to the capacity of streets to be used and traffic volumes thereon.
(c) Wheel and truck cleaners. Wheel and truck cleaners shall be required on site at any transport origin and destination point within the city, and all vehicles shall be scraped and cleaned before leaving the site.
(d) Protection of property during transporting. The transporter shall take reasonable measures including but not limited to, wetting down or other treatment before leaving the site, to insure that during transit, no material being transported shall blow or spill over upon public or private property.
(e) Street cleaning. In the event that earth, dust, powder, mud, sludge or any other debris from the operation involved in the permit accumulates in or on any street, street gutter, catch basin or sewer line, the transporter shall be required to remove the debris immediately upon notification by the city.
§ 1003.[20]22 SLOPE LOCATION RELATED TO BUILDINGS.
Cut or fill slopes with an inclination of two (2) horizontal to one (1) vertical or steeper shall not be used for building construction unless authorized by the Code Official. The toe of the cut or fill slopes shall be located clear of buildings, the distances as may be required for safety reasons by the Code Official, depending upon each particular situation and condition.
§ 1003.[21]23 LAND RECLAMATION PROJECT APPLICATION.
An owner or lessee holding under a recorded lease, the unexpired term of which is more than five (5) years from the date of filing of the application may, in filing for a required land operations permit, choose to undertake or conduct a land reclamation project, as defined by this Chapter. In this instance the application shall contain additional information as may be deemed necessary by the Code Official, to describe properly the nature and extent of the operation and the program. Other requirements of this Chapter shall apply, but the Code Official shall recognize that the special nature and scope of the operation, the self-imposed protective methods and devices, and the provisions of other applicable regulatory laws may warrant different considerations, and shall take this into account when applying the standards, and when waiving submission of data under Sec. 1003.0[4]5.
§ 1003.[22]24 RECLAMATION OPERATIONAL REQUIREMENTS.
(a) In addition to complying with other applicable requirements of this Chapter, and other applicable requirements of any governmental agency, the operation shall be conducted in a manner as to provide reasonable protection to surrounding properties and uses, against detriment from emission of odor, dust, smoke, noise. gas, fumes, cinders, vibration, refuse matter, water-carried waste and the like.
(b) In connection with the proposed operation, the Code Official may require the installation, maintenance of methods and devices as may, in his/her opinion, be reasonably required to prevent or reduce emissions, and may impose conditions regarding the extent of open space between any portion of the proposed operation involving emissions, as will tend to prevent or reduce injury to surrounding property and neighborhood which might result from the proposed operation.
(c) The Code Official shall also limit the extent and hours of any operation depending upon the specific site of the operation and its relation to surrounding properties and structures, so as to provide a reasonable degree of protection, and shall prohibit the operation at a particular location, if in his/her opinion it would be unsafe or dangerous surroundings.
(d) Undrained pools resulting from surface drainage shall be sprayed in accordance with specifications of local public health authorities to eliminate breeding places for mosquitoes and other insects.
(e) Off-street parking areas adequate for all employees vehicles and trucks shall be provided.
§ 1003.[23]25 DEVELOPMENT PROGRAM.
The application shall include a program and illustrative plan for development of the subject property which shall consist of two (2) phases: the exploitation phase and the re-use phase, as well as an annual stage development schedule.
(a) Exploitation phase. The plan for the exploitation phase shall show the proposed development as planned in relation to surrounding properties within three hundred (300) feet, and shall include topographic and geological surveys and other materials indicating existing conditions including drainage and the conditions including topography, drainage and soils which shall exist at the end of the exploitation phase. Contour intervals based on U.S. Geological survey datum shall be given every five (5) feet in areas where gradient is greater than ten (10) percent, and two (2) feet in areas where gradient is ten (10) percent or less. The program for the exploitation phase shall demonstrate the feasibility of the operation without creating hazard or causing damage to other properties. This program shall also indicate the different stages of exploitation, where and how traffic on and from the development will be handled, where equipment will be operating, the location and dimensions of structures, the manner in which safeguards will be provided, including those for preventing access by children and other unauthorized persons to dangerous areas. The final stage of the program shall indicate how the project is to be finished in accord with the plan for re-use.
(b) Re-use phase. The program for the re-use phase shall indicate how the property is to be left in a form suitable for re-use for purposes permissible in the zoning district in which it is located, or in any zoning district to be established by contemplated re-zoning, so as to relate the re-uses to uses existing, proposed, or intended for surrounding properties. Among items to be included in the program are feasible circulation patterns in and around the site, the treatment of exposed soil or sub-soil including measures to be taken to replace topsoil or establish vegetation in worked-over areas in order to make the property suitable for the re-use, and treatment of slopes to prevent erosion.
(c) Annual stage development schedule. The applicant shall submit an initial schedule delineating the scope and extent of the operation, the estimated time for completion, and the portion to be accomplished during the first year of the program; and annually thereafter the applicant shall submit a schedule projecting the intended accomplishment for at least one (1) year ahead. Any change in schedule, or foreseeable or anticipated delays shall be reported promptly to the Code Official with reasons therefor, and a proper adjustment in plans shall be made. Unforeseeable delays or departures from schedule shall be justified to the satisfaction of the Code Official. Major departures from schedule shall be considered as changes in plans, and shall render the entire application subject to review and approval by the Code Official.
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§ 1003.[24]26 REFERRAL TO ZONING ADMINISTRATOR.
The program and illustrative plans for development of the site shall be referred to the Zoning Administrator of the Department of City Planning for report and recommendation as to relationship of the development to zoning and other planning aspects.
§ 1003.[25]27 PERMITS AND CERTIFICATES OF COMPLETION.
Permits and certificates of completion shall be issued in accordance with the provisions of this Chapter [[Secs. 1003.05 through 1003.12]], except that an annual permit fee shall be required as provided for in Sec. 1003.[28]31.
§ 1003.[26]28 BONDS AND INSURANCE FOR LAND OPERATIONS WITHOUT REGULATED ACTIVITIES.
(a) Performance bond. Except where clearly demonstrated by the applicant to the satisfaction of the Code Official that the operation if left incomplete will not create a hazard to human life or endanger adjoining property or property at a higher or lower level or any street or street improvement or any other public property, the applicant shall file with the Code Official prior to the issuance of the permit a performance bond for the benefit of the city. As in the application for a land reclamation project, the Code Official shall recognize that the special nature and extent of the operation, the self-imposed protective methods and devices and the provisions of other applicable regulatory laws may warrant different considerations, and shall take this into account when reviewing the performance bond needs for a land reclamation project. Governmental agencies shall be exempted from the requirement of filing a bond unless the Code Official finds that a bond is required for adequate protection of the public.
(1) Execution. All bonds shall be executed by the owner of the property where the work is to be undertaken and by a corporate surety insurer authorized to do business in this Commonwealth as surety, or, in lieu thereof, the bond shall be in writing accompanied by a deposit of cash in the amount of the bond.
(2) Conditions. Every bond shall be conditioned upon compliance with all the provisions of this Chapter and all other applicable laws and ordinances, compliance with all the terms and conditions of the permit, and completion of all work contemplated under the permit within the time limit specified in the permit. The Code Official may, for sufficient cause, extend the time limit specified in the permit, but no extension shall release the surety upon the bond.
(3) Term. The term of each bond shall begin upon the date of filing and shall remain in effect until one (1) year from the date of the issuance of the completion of the permit by the Code Official. In the case of a cash deposit, the deposit or any unused portion thereof shall be refunded one (1) year after the date of the completion of the permit.
(4) Coverage for completion of work and compliance with permit. In the event of failure to complete the work or comply with all the terms and conditions of the permit, the Code Official may order the work or part thereof to be completed as required by the permit. The surety executing the bond, or the person giving the deposit, shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the City in causing any and all required work to be done, and the surety or the depositor shall be considered to assent to any lawful extensions of time within which to construct and complete the work.
(5) Amount. The amount of bond shall be based in part upon the quantity of material handled and also include an additional amount equal to the cost estimated by the Code Official, of all construction work, both surface and subsurface drainage, or other protective devices, removal or replacement of trees or other natural ground cover which may be required. The portion of the bond valuation based upon the cost of handling material shall be computed as set forth in the following table:
TABLE INSET:
Cubic Yards |
Amount of Bond |
Under 10,000 |
$10,000 |
10,000 to 100,000 |
$10,000, plus $500 for each additional 1,000 cubic yard or fraction thereof in excess of 10,000 cubic yards |
Over 100,000 |
$55,000. plus $200 fr each additional 1,000 cubic yards or fraction thereof in excess of 100,000 cubic yards |
tab
(6) Proportinate reduction as work is comleted. When a subsantial portion of the required work hsbeen completed o the satisfaction of the Code Official, and the completion of the remaining work is delayed due to conditions beyond the control of the owner or the contractor, the Code Official may in his/her discretion accept the completed portion of the work and consent to an appropriate reduction of the bond to an amount estimated to be adequate to insure completion of the work remaining to be performed. In no case shall the reduction be greater than an amount equal to fifty (50) percent of the original bond.
(b) Liability insurance. The applicant shall furnish to the Code Official together with the application for a permit certificate showing standard form public liability insurance in an amount not less than two hundred thousand dollars ($200,000.00) against claims for damages for personal injury as well as claims for property damage, including damage to City streets or other public improvements by blowing, drifting, washing, sliding, flowing subsurface water, or otherwise depositing of matter, which may arise from or out of performance of the work whether the performance be by himself, his contractor or subcontractor or any person directly or indirectly employed by him/her. The insurance shall include protection against liability arising from completed operations. The insurance shall be written by a company approved by the Code Official and shall insure the city, its officers, agents and employees against any loss or liability which may arise during the performance of, or which may result from any work herein required to be performed.
§ 1003.29 BONDS AND INSURANCE FOR LAND OPERATIONS WITH REGULATED ACTIVITIES.
The Applicant shall provide bonds in accordance with the provisions of Chapter 9 of the Subdivision Regulations and Standards of the City Planning Commission, and furnish such other security and insurance in an amount as set from time to time by resolution of the Department.
§ 1003. [27] 30 ENTRY UPON PREMISES.
Any authorized representative of the City or the surety shall have access to the premises described in the permit for the purpose of inspecting the progress of the work.
In the event of default in the performance of any term or condition of the permit, the surety, or any person employed or engaged in its behalf, or the City or any person employed or engaged in its behalf, shall have the right to go upon the premises to complete the required work.
No owner or any person shall interfere with the authorized entry of any person upon the premises under the provisions of this section.
§ 1003. [28]31 PERMIT AND PLAN FEES.
(a) In addition to any other fees payable under the Zoning Ordinance, Subdivision Regulations, Building Title or other regulations, a permit fee shall be paid pursuant to this Chapter based upon quantity of material handled or land area involved for each lot site, even though the same material may be handled in more than one (1) type of operation. The amount of fee shall be as listed in the ICC International Building Code, Section 108.
(b) Should any person actually begin any work for which a permit is required by this Chapter without obtaining that permit, there shall be paid, in addition to the fees described in Section 108, a penalty as provided in Sec. 1002.02. This shall not be construed as waiving any penalty provision for violation of this Code.
(c) All applications for Regulated Activity approval under this Chapter shall be accompanied by an application fee in an amount as set from time to time by the Directorthe Director of the Department. No application shall be accepted as administratively complete by the Zoning Administrator or acted upon unless the appropriate fees are paid to the Zoning Administrator.
(d) Inspection, review and engineering deposit. The applicants and permit holders shall be responsible for reimbursing the City for any and all costs incurred by the City in relation to any application, permit, review, and/or inspection required by this Chapter and/or other ordinances, resolutions and/or regulations of the City.
(1) An inspection, review and engineering deposit shall accompany the application for Regulated Activity approval required by this Chapter. The amount of this deposit shall be set from time to time by the Director of the Department and shall be sufficient to cover the costs incurred by the City, including but not limited to:
A. Engineering and legal review fees, and reasonable attorney's fees, engineering fees, and/or professional consultant fees if so needed.
B. Site inspections including, but not limited to, pre-construction meetings, inspections during construction of SWM BMPs, and final inspection upon completion of the SWM BMPs.
C. Administrative/clerical costs.
D. Attendance at meetings.
E. Any additional work required to monitor and enforce any provisions of this Chapter, correct violations, and assure proper completion of stipulated remedial actions.
(2) If it is determined by the City that the balance available is or will be inadequate to fully cover anticipated costs in subsection (d)(1) above, the applicant will be notified that an additional deposit is required. The applicant shall submit such additional deposit within twenty (20) days of notification. The failure to submit any required deposit within the specified time period shall be a violation of this Chapter, and may result in the immediate suspension of all permits and approvals granted under this Chapter and/or other ordinances, resolutions and/or regulations of the City.
§ 1003.32 PENALTIES.
Anyone violating the provisions of this Chapter that relate to any Regulated Activity shall be subject to the penalties set forth in Chapter 924 of the Zoning Ordinance.
§ 1003. [29]33 APPEALS.
(a) Any decision of the Code Official relating to the administration or enforcement of this Chapter that does not involve a Regulated Activity may be appealed to the Board of Appeals established pursuant to Appendix B of the ICC International Building Code.
(b) Any decision relating to the administration or enforcement of this Chapter that involves a Regulated Activity may be appealed to the appropriate body pursuant to Chapter 923 of the Zoning Ordinance.
APPENDIX A
LOW IMPACT DEVELOPMENT PRACTICES
ALTERNATIVE APPROACH FOR
MANAGING STORM WATER RUNOFF
Natural hydrologic conditions may be altered by development practices, which may create impervious surfaces, destroy drainage swales, construct storm sewers, and change local topography. A traditional approach to drainage has been to remove runoff from sites as quickly as possible and capture it in downstream detention basins. This approach leads to the degradation of water quality as well as additional expenditures for detaining and managing concentrated runoff.
The recommended approach is to promote practices that will minimize post-development runoff rates and volumes and minimize needs for artificial conveyance and storage facilities. To simulate pre-development hydrologic conditions, infiltration is often necessary to offset the effects of increasing impervious surfaces. The ability to infiltrate depends upon the soil types and land use.
Preserving natural hydrologic conditions requires careful site design that includes preservation of natural drainage features, minimization of impervious surfaces, reduction of hydraulic connectivity of impervious surfaces, and protection of natural depression storage areas. A well-designed site will contain a mix of all these features. The following describes various techniques to achieve this:
A. Preserve Drainage Features. Protect natural drainage features, particularly vegetated drainage swales and channels. Locate streets and adjacent storm sewers away from valleys and swales.
B. Protect Natural Depression Storage Areas. Depression storage areas have no surface outlet, or they drain very slowly. Depressions should be protected and the storage capacity should be incorporated into required detention facilities.
C. Avoid Creating Impervious Surfaces. Reduce impervious surfaces to the maximum extent possible. Building footprints, sidewalks, driveways and other features should be minimized.
D. Avoid Connecting Impervious Surfaces. Route roof runoff over lawns and avoid using storm sewers. Grade sites to increase the travel time of storm water runoff. Avoid concentrating runoff.
E. Use Pervious-Paving Materials. Use pervious materials for driveways, parking lots, access roads, sidewalks, bike trails and hiking trails. Provide pervious strips between streets and sidewalks.
F. Construct Cluster Developments. Construct Cluster Developments to reduce street length per lot.
APPENDIX B
A. LIST OF SUITABLE SITE CONDITIONS FOR INFILTRATION
1. Depth of bedrock below the invert of the BMP should be greater than or equal to 2 feet.
2. Depth of seasonal high water table below the invert of the BMP should greater than or equal to 2 feet.
3. Soil permeability tests should be greater than or equal to 0.10 inches/hour and less than or equal to 10 inches per hour.
4. Setback distances or buffers should be a minimum of:
a. 50 feet from individual water supply wells and 100 feet from community or municipal water supply wells.
b. 20 feet from building foundations.
c. 50 feet from septic system drain fields.
d. 100 feet from the property line unless documentation is provided to show that all setbacks from wells, foundations and drain fields on neighboring properties will be met.
e. 50 feet from abandoned mines.
B. EFFECTIVE BMPs FOR INFILTRATION
1. Infiltration trench, except in the Landslide-Prone Overlay District and undermined areas.
2. Infiltration Basin, except in the Landslide-Prone Overlay District and in undermined areas.
3. Biofilters, rain gardens, bioinfiltration,, vegetated filter strips, except in the Landslide-Prone Overlay District and undermined areas, bio swales
4. Filters for pre-treatment.
5. Permeable Paving.
C. EFFECTIVE BMPs FOR RATE CONTROL
1. Wet ponds
2. Storm water wetlands
3. Extended detention (dry) ponds
4. Swales
5. Runoff volume reduction BMPs listed and B and C above such as retention, infiltration, except in the Landslide-Prone Overlay District, and in undermined areas, and re-vegetation.
D. EFFECTIVE BMPs FOR EVAPOTRANSPIRATION
1. Rain gardens
2. Green roofs
APPENDIX C
EXAMPLE CALCULATIONS TO DETERMINE EXEMPTION FROM SWM SITE PLAN PREPARATION REQUIREMENTS
Example 1
1. The proposed new impervious area B of a garage is 900 sq. ft which is next to the house and a driveway which are 1920 and 700 sq. ft respectively.
2. Determine the longest dimension of the area by connecting the out to out points of the area (the diagonal D). This measures 102 ft. (the driveway is 32 ft by 30 ft and the house is 60 ft by 32 ft)
3. Extend the area of the house and driveway (60 ft. by 82 ft) in every direction by 102 ft and draw a rectangle. This is a 264 ft. by 286 ft. rectangle. The area of this rectangle is designated as the Area of influence A and is equal to 75,504 sq. ft, which is 1.7 acres.
4. Now, calculate the total impervious area, a, inside this area of Influence, A, which is designated as a = Area of the existing house +area of the new garage+ Area of the driveway+ portion of neighbor's house on the right + Area of hickory lane on the bottom.
5. a= 1920+900+700+1200+ 264*10= 7360 sq. ft.
6. According to Table 1A, maximum exemption for 1.7 Acres is 6800 sq. ft. 7360 sq. ft. is larger than 6800 sq. ft.
7. So, construction of this new garage requires preparation of SWM Site Plan that includes Peak Rate Control.
[INSERT Figure D.1.]
Figure D.1.
Example 2
1. Proposed new impervious area, B= Area of the garage = 600
2. Total impervious area, a, within the area of Influence, A is a = Area of the house+ area of the garage+ area of the driveway+ Area of the Rhubarb's lane =50*30+600+30*5+20*25+(94*2+50)*10 =5130 sq. ft
3. Area of influence, A=(94*2+50)*(94+30+50+94)
=(238*268) sq. ft.
=63784 sq. ft.
=1.5 acres
4. From Table 1A, total impervious area allowed from Peak Rate Control and SWM Site Plan preparation is 6200 sq. ft., corresponding to the Area of Influence, A, is 1.5 acres. The total impervious area 5130 sq. ft. within the area of influence A is less than 6200 sq. ft.; therefore, construction of the 600 sq. ft. garage is exempt from preparation of the SWM Site Plan (and from peak rate control) requirement.
[INSERT Figure D.2.]
Figure D.2.