The purposes of this chapter are to:
A. Provide minimum standards to safeguard persons, protect property
and promote the general welfare by preventing excess erosion, hazardous
rock and soil slippage, sediment production and other soil and water
management problems by regulating and controlling the design, construction,
quality of materials, use, location and maintenance of grading, excavations
and fills;
B. Establish performance standards which ensure land use practices respectful
of the natural topography and capabilities of the land;
C. Encourage maximum retention of natural topography and vegetative
features on hillsides;
D. Prevent earthflow and rockfall landslides;
E. Prevent soil erosion and increases in stormwater runoff which result
in stream siltation, flooding and damage to the property of others;
and
F. Encourage imaginative and innovative site development to building
design that adapts to and takes advantage of the best use of the natural
terrain.
[Amended 5-2-2005 by Ord. No. 1523]
As used in this chapter:
ADMINISTRATOR
The person qualified and officially appointed by Council
to administer the provisions of this chapter, or his or her authorized
representative.
APPLICANT
Any landowner or agent of a landowner who proposes to make
or causes to be made any excavation or fill, or any combination thereof,
pursuant to the provisions of this chapter.
ARCHITECT
A registered architect licensed as such in the commonwealth.
BEDROCK
Natural rock layer, hard or soft, in place at ground surface
or beneath unconsolidated surficial deposits.
BUILDING
Includes the word "structure," and the word "structure" includes
the word "building."
DEP
The Pennsylvania Department of Environmental Protection.
ENGINEER
A registered professional engineer in the commonwealth who
is knowledgeable in civil engineering.
ENGINEERING GEOLOGIST
A person who holds a degree in geology from an accredited
college or university and who has training and 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, rock or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced,
relocated or bulldozed, and includes the conditions resulting therefrom.
EXCESSIVE SLOPE
Either those slopes identified on the soil group map as steep
slopes of 25% or more or any virgin area where, in a one-hundred-foot
horizontal distance, the average slope exceeds 25%.
FILL AND EMBANKMENT
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, pushed, dumped, pulled, transported or moved
to a new location, including the condition resulting therefrom.
GRADE
The elevation of the existing or proposed ground surface
at the location of any proposed excavation or fill.
GRADING PERMIT
Any permit required pursuant to the provisions of this chapter.
GRADING, ENGINEERED
A grading operation in excess of 5,000 cubic yards performed
in conformance with a grading plan prepared by a professional engineer.
GRADING, REGULAR
A grading operation of less than 5,000 cubic yards. Where
the site conditions warrant, the Administrator may require the submission
of a report on the site as prepared by a professional engineer, soils
engineer or engineering geologist.
HAZARD
Any danger or potential danger to life, limb or health, or
any adverse effect or potential adverse effect on the safety, use
or stability of property, waterways, public ways, structures, utilities
and storm sewers, including stream pollution.
LANDSLIDE PRONE SOILS
Those soil formations whose characteristics are classified
as being landslide-prone or otherwise sensitive in the Soil Survey
of Allegheny County.
NPDES
The National Pollutant Discharge Elimination System, representing
the federal government's system for issuance of permits under
the Clean Water Act, delegated to the DEP in the Commonwealth of Pennsylvania.
PERMIT HOLDER
Any landowner, agent of such landowner or tenant with the
permission of such landholder who has been granted a grading permit
pursuant to the provisions of this chapter.
RETAINING WALL
A structure composed of concrete, steel or other approved
building material constructed for the purpose of supporting a cut
or filled embankment which would otherwise not comply with the requirements
of standards set forth in this chapter and which is more than two
feet in height as measured on the exposed vertical surface of the
wall.
SITE
A lot, tract or parcel of land, but may be a series of lots,
tracts or parcels of land which are adjoining and with respect to
which grading work is to be continuous and performed at the same time.
SLOPE
The angle of the existing or proposed ground surface plane
to the horizontal, expressed as the ratio of the horizontal to the
vertical or in percentage of slope (rise or fall per 100 feet).
SOIL SURVEY
The Soil Survey of Allegheny County, Pennsylvania, as prepared
by the USDA Soil Conservation Service et al., and accompanying text,
issued August 1981.
SOILS ENGINEER
A registered professional engineer in the commonwealth having
training and experience in soils engineering.
SOLID WASTE
Any and 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
and other such materials whose disposal is regulated by the Pennsylvania
Department of Environmental Protection.
STEEP SLOPE
An average slope in excess of 25% in a one-hundred-foot horizontal
distance.
A grading permit shall not be required for any of the following:
A. An excavation which does not exceed three feet in vertical depth at its deepest point, measured from the natural ground surface, and which covers a surface area of less than 1,000 square feet, provided that the surfaces of such excavation do not have slope at any point steeper than four horizontal to one vertical. However, this subsection shall not be deemed to nullify the application of this chapter or any requirement for obtaining a grading permit with respect to any fill made with material from such an excavation, unless otherwise excepted by Subsections
B and
C hereof.
B. A fill which does not exceed 10 cubic yards of material on any one
site.
C. A fill which is not intended to support structures and does not exceed
three feet in vertical depth at its deepest point, measured from the
natural ground surface, and which does not cover an area of more than
1,000 square feet, provided that the surface of such fill does not
have a slope at any point steeper than four horizontal to one vertical
and does not obstruct a drainagecourse.
D. An excavation below finished grade for basements and footings of a building, swimming pool or underground structure authorized by a building permit and an excavation of a driveway between a building site and the street. However, this subsection shall not be deemed to nullify the application of this chapter or any requirement for obtaining a grading permit with respect to any fill made with the material from such an excavation, unless otherwise excused by Subsections
B and
C hereof.
E. Soil excavated under the authorization of a properly issued building
permit which is temporarily stockpiled on the same site as the excavation.
However, if excavated material is stockpiled on a site for a period
of longer than 120 days, a permit shall be necessary when disposing
of the fill material.
F. A building site improved under authorization of a properly issued building permit where the maximum natural gradient between property lines or the maximum excavation or fill, exclusive of the situations referred to in Subsection
D hereof, does not exceed the grades or quantities set forth in the following table:
|
One-Family House Site
(square feet)
|
Maximum Gradient without Permit
(feet)
|
Maximum Excavation or Fill without Permit Exclusive of
Basements and Foundations
(cubic yards)
|
---|
|
Less than 10,000
|
15 in 100
|
100
|
|
10,000 to 24,000
|
15 in 100
|
200
|
|
Over 24,000 to 44,000
|
15 in 100
|
250
|
|
Over 44,000
|
20 in 100
|
250
|
G. Exploratory excavations under the direction of a soils engineer or
engineering geologist;
H. Excavations for wells, tunnels, public utilities or cemetery graves;
and
I. For work performed by the Borough or by contractors employed by the
Borough in a public street or alley, park, playground, recreation
area or on other Borough property.
[Amended 5-2-2005 by Ord. No. 1523]
A. Council shall designate an Administrator for review, approval and
granting of grading permits and to make inspections of the grading
work.
B. The Administrator shall require that a geotechnical engineering report
be submitted by the applicant if the site is, has been or is likely
to become hazardous to persons or property. The overlay maps, such
as the Coal Resource Maps prepared by USGS, latest edition, for the
Greater Pittsburgh Region, shall be used to locate hazardous areas.
The report shall contain a detailed description of the geological
conditions of the site and shall include conclusions and recommendations
that will demonstrate the relationship of the geological conditions
to the proposed development, including hazardous conditions, water
resources, mineral resources and environmental impact.
C. In special cases when grading occurs in areas of landslide-prone
soil or rockfall-prone areas as recognized by the soil survey or other
standard surveys, the Administrator may require special precautions
prior to issuing a permit from the applicant. The results of all soil
tests and core borings made relative to the site shall be submitted
to the Administrator.
D. The Administrator may deny a grading permit if the use of land to be graded, either excavation or filling, is not specifically known except for the intent of improving the site. The Administrator shall review the application, plans, specifications and reports and determine whether the project will improve the site, is in the best interest of the Borough and is not detrimental to the environment. The applicant may appeal the Administrator's decision to Council by preparing and submitting to Council a site plan showing the development of the land in accordance with the subdivision regulations (Chapter
300 of the Code).
E. When the requirements of this chapter for obtaining a permit have
been met, the Administrator shall approve the application and proposed
plan and grant a grading permit to the applicant.
F. The Administrator may waive the requirement of any or all plans and
specifications listed in this chapter if he finds that the information
on the application is sufficient to show that the work will conform
to the provisions of this chapter.
An approved site plan, an approved subdivision plan and/or a
building permit are prerequisite to the granting of any grading permit.
In the event that the applicant will move or grade an area of
more than 30,000 square feet or grade more than 10,000 cubic yards,
a formal agreement may be required by Council. Such agreement shall
be prepared by the applicant at his or her own cost and expense and
shall be approved as to form by the Borough Solicitor. The agreement
may be made part of and incorporated in a developer's agreement
as required by the subdivision regulations.
Every grading permit shall expire and become null and void if
the work authorized by such permit has not been commenced within six
months or is not completed within one year from the date of issuance
of such permit. However, the Administrator may, if the permit holder
presents satisfactory evidence that unusual difficulties have prevented
work from being started or completed within the specified time limits,
grant a reasonable extension of time, provided that the application
for the extension of time is made before the date of expiration of
the permit.
Any physical changes from the original plan uncovered in the
site during the construction, such as surface water drainage, soil
and bedrock dislocations, alteration of groundwater discharge or any
other natural or man-made modification, which would tend to undermine
the basis upon which the permit was issued, must be immediately reported
to the Administrator by the permit holder. If the circumstances dictate,
the Administrator shall revoke the permit or otherwise modify the
conditions upon which the permit was initially issued.
If, upon final inspection of the site for which a permit has
been issued, it is found that the work authorized by the grading permit
has been satisfactorily completed in accordance with the requirements
of this chapter, a grading certificate of completion covering such
work and stating that the work is approved shall be issued to the
permit holder by the Administrator.
The following general working conditions will apply to all grading
sites.
A. Dust control. During grading operations, acceptable measures for
dust control shall be taken.
B. Protection of public facilities. All public utilities and roadways
shall be protected in the design of and during the grading operation.
Construction equipment shall not be operated on public streets without
the placement of protective mats. Hard-surfaced driveway or roadway
surfaces shall be provided to prevent tracking of dirt and mud onto
the public streets.
C. Cleanup. All soil washed or carried onto public streets during grading
operations shall be cleaned up as it accumulates. The owner of the
property being graded shall be responsible to protect and clean up
lower properties of silt and debris which have washed down into the
lower properties as a result of the grading work on the higher property.
D. Work days. None of the work or activity covered by a grading permit
shall be conducted on a Sunday or legal holiday without the approval
of Council.
E. Work hours. All of the work and activity covered by a grading permit
shall be conducted between the hours of 7:00 a.m. and 6:00 p.m., unless
these time limits are extended, excused or otherwise modified by Council.
[Amended 5-2-2005 by Ord. No. 1523]
A. Live stream crossings. Grading equipment shall not be allowed to
cross live streams. No permanent or temporary stream crossing or enclosure
will be permitted without the applicant first obtaining all necessary
permits from the DEP prior to the start of construction.
B. Excessive slopes. Grading on excessive slopes shall be avoided so
as to minimize erosion and storm runoff, to protect watersheds, to
discourage erosion of soils by maintaining adequate foliage cover
and to promote the perpetuation of open space on hillsides. The areas
considered to have excessive slope may be revised or modified by Council
where studies or information provided by a qualified agency or person
documents the need or possibility for such revision.
[Amended 5-2-2005 by Ord. No. 1532]
A. No person shall store, handle or use any explosive in the Borough
without first obtaining a special permit therefor from the Administrator.
The Administrator shall have the authority to impose reasonable regulations
and restrictions upon the storage, handling and use of explosives.
Any violation of any regulation or requirement imposed by the Administrator
or imposed under any provision of this chapter shall be grounds for
the revocation of any permit theretofore issued.
B. All blasting which is conducted in the Borough shall be in conformity with state requirements and shall be in compliance with the Pennsylvania Code, Title 25, Part I Subpart D, Article IV, entitled Occupational Health and Safety, Chapter
210, Use of Explosives, as amended.
C. The Administrator shall be notified at least 24 hours prior to any
blasting.
[Amended 5-2-2005 by Ord. No. 1523]
A. All grading activities shall follow the requirements of Title 25,
Part I, Subpart C, Article II, Chapter 102, Erosion and Sediment Control,
of the Pennsylvania Code, as amended. All permits required for the
proposed grading under Chapter 102 must be obtained prior to the start
of construction.
B. If no permit is required under Chapter 102 for the proposed grading,
an erosion and sediment pollution control plan shall be submitted
to the Administrator for review and approval prior to the issuance
of a grading permit.
[Amended 5-2-2005 by Ord. No. 1523]
A. Adequate provisions shall be made to prevent surface water from damaging
the cut face of excavations and/or the sloping surface of fills and/or
adjacent properties. Interception and diversion facilities for stormwater
and surface water runoff, both above and below the cut and fill slope
areas during and after construction, shall be included in the design.
All drainage facilities shall be designed in accordance with the Borough's
stormwater management ordinance and DEP NPDES requirements.
B. The drainage pattern prior to construction shall be indicated on
the plans. Adequate measures shall be taken to prevent any erosion
and water runoff damage to adjacent properties during the construction
and after completion of construction.
C. Storm sewers, catch basins, drainage ditches and swales necessary
to protect adjacent properties, whether they are permanent or temporary
in nature, shall be constructed before any excavation or filling is
started. The storm sewers, catch basins, drainage ditches and swales
shall be maintained, cleaned, cleared and open during construction.
If this subsection is not complied with, the Administrator shall stop
all clearing and grading on the site until the necessary drainage
facilities are completed, or the permit will be revoked and the required
bond forfeited.
D. New storm sewers and utilities traversing a proposed fill area shall
be buried a minimum of three feet from the top of the pipe to the
proposed grade. Fill shall be constructed in that area prior to installation
of such sewers and utilities. The minimum size storm sewer, exclusive
of toe or bench drains, shall be 15 inches in diameter unless a variation
in size is approved by the Administrator. All storm sewers located
within public property or rights-of-way shall be reinforced concrete
pipe.
E. Slopes steeper than two horizontal to one vertical and of more than
20 feet in vertical height shall be separated by a level berm of at
least 10 feet in width at intervals of no more than 20 feet vertically
if the slope is potentially hazardous due to easily erosive material.
F. On slopes of two horizontal to one vertical or less steep, the ten-foot
level berms shall not be required unless deemed necessary by the Administrator.
G. Drainage ditches with a grade of 5% or greater shall be paved with
concrete, bituminous mixture, brick, half pipe, rubble or other hard
nonerodable material.
H. Drainage ditches with a grade of less than 5% shall be grassed and
sloped in such a manner that they can be conveniently cut and maintained.
I. Drainage structures, storm sewers, detention ponds, sedimentation
ponds and appurtenances shall be of proper design and so constructed
as to carry surface water and any subsurface water encountered to
the nearest practical storm drain or natural watercourse approved
by the Administrator as a safe place to deposit and receive such waters.
Approval by the Administrator in no way relieves the owner of his
legal responsibilities to adjacent property owners. The owner shall
also comply with all state laws and regulations dealing with enclosing
or discharging into existing streams, channels or storm sewers.
J. As a guide for the prevention of erosion and sediment pollution,
grading plans shall follow the methods and recommendations outlined
in the DEP Erosion and Sediment Pollution Control Program Manual,
latest edition.
K. No rock fill shall be placed around or over storm sewers or drainage
facilities other than that designed as part of the site drainage facilities.
No person shall construct, enlarge, alter, repair or maintain
any grading, excavation or fill, or cause the same to be done, contrary
to or in violation of any provision of this chapter.
When notice of any violation of or noncompliance with any of
the provisions of this chapter has been given by the Administrator,
such violation shall be discontinued immediately or within a reasonable
time limit specified in such notice. If such violation is not discontinued
or extends beyond the specified time limit, the Administrator shall
revoke the grading permit, and the violator shall be subject to any
other applicable penalty provided in this chapter.
In case any work is performed by any person in violation of
any of the provisions of this chapter, the proper officers of the
Borough, in addition to other remedies, may institute in the name
of the Borough an appropriate action or proceeding, whether by legal
process or otherwise, to prevent such unlawful work and to restrain
or abate such violation.
If any work or conduct of any landowner or agent of the landowner
is in violation of applicable Pennsylvania statutes or regulations,
the Administrator may seek the remedies and penalties provided therefor
under such statutes or regulations in addition to the penalties and
remedies provided in this chapter.
See Chapter
1, General Provisions, §
1-2, for the general penalty provisions of this Code.