This chapter shall be known and may be cited as the “Bradford
Woods Borough Grading Ordinance."
The purpose of this chapter is to provide minimum standards to safeguard
persons and property, to protect and to promote the public welfare, by preventing
excess erosion, hazardous rock and soil slippage, sediment production and
other soil and water management problems, and by regulating and controlling
the design, construction, quality of materials, use, location and maintenance
of grading, excavation and fill.
Wherever used in this chapter, the following words shall have the meanings
indicated:
BEDROCK
Natural rock layer, hard or soft, in place at ground surface or beneath
unconsolidated surficial deposits.
ENGINEERING GEOLOGIST
A person who holds a degree in geology from an accredited college
or university and who has training an experience in the field of engineering
geology.
EROSION
The detachment and movement of soil or rock fragments by water, wind,
ice or gravity, including such processes as gravitational creep.
EXCAVATION
Any act by which earth, sand, gravel, or any other similar material
is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed
and shall include the conditions resulting therefrom.
FILL
An act by which earth, sand, gravel, rock or any other material is
deposited, placed, pushed, dumped, pulled, transported or moved to a new location
and shall include the condition resulting.
GRADING
Excavation or fill or any combination thereof, and shall include
the conditions resulting from any excavation or fill.
HAZARD
A danger or potential danger to life, limb, or health, or an adverse
effect or potential adverse effect to the safety, use or stability of property,
waterways, public ways, structures, utilities and storm sewers; including
stream pollution.
PERSON
A natural person, but shall also include a partnership, corporation,
trust, or association.
PROFESSIONAL
A person (engineer, surveyor or architect) licensed by the Commonwealth
of Pennsylvania.
SITE
A lot, tract, parcel of land, or a series of lots, tracts, or parcels
of land which are adjoining where grading work is continuous and performed
at the same time.
SOIL ENGINEER
A person registered by the Commonwealth of Pennsylvania as a professional
engineer and who has training and experience in the branch of soils engineering.
SOIL SURVEY
The unpublished and operational soil survey for Allegheny County,
Pennsylvania, and the accompanying text Soil Survey Interpretations of Allegheny
County, Pennsylvania, as prepared by the USDA Soil Conservation Services,
et al. When applicable, “soil survey” shall mean Soil Survey,
Allegheny County, Pennsylvania, when this publication is completed.
SOLID WASTE
All parts or combinations of ashes, garbage, refuse, radioactive
material, combustible demolition materials and industrial wastes such as food-processing
wastes, wood, plastic, metal scrap, etc.
A grading permit will not be required for any of the following situations:
A. Grading limited to reasonable, regular, normal maintenance
and landscaping improvements by individual homeowners, where standards herein
are not violated.
B. Stockpiling of rock, sand and aggregate in area properly
zoned for such use.
C. Grading performed for the construction of an individual
residence shall not require a separate permit. Grading permit will be part
of the building permit and all provisions herein shall apply unless otherwise
noted.
Every applicant for a grading permit shall file a written application
with the Administrator in a form prescribed.
A. The application shall describe the land on which the
proposed work is to be done by lot, block, tract, or street address.
B. The application shall be accompanied by the plans and
specifications prepared and sealed by a professional (engineer, surveyor,
or architect) giving a reasonable picture of the site and proposed soil erosion
controls, if any. Said plans must be complete with North arrow, scale, distance
to road intersections, adjacent structures, roads, utilities, waterways, existing
contours, finished proposed contours (all contours minimum five-foot intervals).
All necessary existing and finished spot elevations required to show drainage
details of all constructed measures to prevent soil erosion, and planting.
C. The Administrator may waive the preparation of said plans
by a professional when it is self-evident that the proposed work is simple,
clearly shown on the plans submittal, and create no potential nuisance or
hazard to adjacent property.
D. Plans and specifications above shall be submitted to
Allegheny County Conservation District for approval before submission to the
Administrator, and said approval must be submitted for permit when:
(1) Excavation or fill exceeds five feet in vertical depth,
and results in a cut or fill slope steeper than four horizontal to one vertical,
and exceeds an area of 1,000 square feet for areas recognized by the Allegheny
County Soil Survey as containing landslide-prone soils.
(2) Excavation or fill exceeds 10 feet in vertical depth,
and results in a cut or fill slope steeper than three horizontal to one vertical
and exceeds an area of 5,000 square feet in area for areas not recognized
by the Allegheny County Soil Survey as landslide-prone.
(3) In the event the applicant deems it necessary to exceed the slopes of cut and fill as recommended in the Soil Survey, or by the Allegheny County Conservation District, said applicant may do so, only when the design is certified by a soils engineer or geologist. However, in no case shall the slopes be greater than specified in §
129-6A.
Every grading permit shall expire by limitation and become null and
void if the work authorized by such permit has not been commenced within one
year or it is not completed within three years from the date of issue, provided
that the governing body, acting upon the recommendation of the Administrator,
may, if the permit holder presents satisfactory evidence that unusual difficulties
have prevented work being started or completed within the specified time limits,
grant a reasonable extension of time, and provided further that the application
for the extension of time, and is made before the date of expiration of the
permit. Any physical changes in the site such as surface water drainage, soil
and bedrock dislocations, alteration of groundwater discharge or any other
natural or man-made modification which would cause a doubt to be cast upon
the feasibility of the contents of the original permit approval, must be reported
to the Administrator in the intervening period between approval of permit
and completion of the project.
Neither the issuance of a permit under the provisions of this chapter, nor the compliance with the provisions hereto
or with any condition imposed by the Administrator hereunder, shall relieve
any person from any responsibility for damage to persons or property resulting
therefrom, or as otherwise imposed by law, nor impose any liability upon the
Borough for damages to persons or property.
A fee in the amount set from time to time by resolution of the Borough
Council will be charged for each grading permit. Where, in the opinion of
the Administrator, a professional inspection of the site is necessary, cost
of inspection is to be borne by the applicant.
In case any work is performed by any person in violation of any of the
provisions of this chapter, the proper office of the Borough of Bradford Woods,
in addition to other remedies, may institute in the name of the Borough any
appropriate action or proceeding, whether by legal process or otherwise, to
prevent such unlawful work and to restrain or abate such violation.