[HISTORY: Adopted by the Town Council of the Borough of West
View 10-10-1967 by Ord. No. 1109 (Ch. 77 of the 1977 Code). Amendments
noted where applicable.]
The purpose of this chapter is to provide minimum standards
to safeguard persons, to protect property and to promote the public
welfare by regulating and controlling the design, construction, quality
of materials, use, location and maintenance of grading excavations
and fills.
Wherever used in this chapter, the following words shall have
the meanings indicated:
A permit required for the construction, erection or alteration of a structure or building, issued pursuant to the provisions of Chapter 116, Part 1, Building Permits; Floodplain Management, of the Code of the Borough of West View or any amendment or supplement thereto or replacement thereof.
[Amended 2-2-1977 by Ord. No. 1191[1]]
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 shall include the conditions resulting
therefrom.
Any act by which earth, sand, gravel, rock or other material
is deposited, placed, pushed, dumped, pulled, transported or moved
to a new location, and shall include the conditions resulting therefrom.
The elevation of the existing ground surface at the location
of any proposed excavation or fill.
Excavation or fill or any combination thereof, and shall
include the conditions resulting from any excavation or fill.
Any permit required under § 172-4 hereof.
A natural person, but shall also include a partnership or
corporation.
A lot, tract or parcel of land or a series of lots, tracts
or parcels of land, joined together, where grading work is continuous
and performed at the same time.
New grading, excavations and fills, or changes, additions, repairs
or alterations made to existing excavations and fills, shall conform
to the provisions of this chapter, except that this chapter shall
not apply to:
A.
No person shall commence or perform any grading, excavation or fill
without first having obtained a grading permit from the Borough Manager.
A separate grading permit shall be required for each site. One permit
may cover both an excavation and any fill made on the same site.
B.
A grading permit will not be required, however, in the following
situations, but in all other respects the provisions of this chapter
shall apply:
(1)
An excavation which does not exceed three feet in vertical depth
at its deepest point, measured from the natural ground surface, nor
cover an area of more than 1,000 square feet. This exception shall
not affect the applicability of this chapter to or the requirement
of a grading permit for any fill made with the material from such
excavation.
(2)
A fill which does not exceed 10 cubic yards of material on any one
site or a fill which does not exceed three feet in vertical depth
at its deepest point, measured from the natural ground surface, nor
cover an area of more than 1,000 square feet, provided that the surfaces
of such fills do not have a slope at any point steeper than five horizontal
to one vertical.
(3)
An excavation below finished grade for basements and footings of
a building, swimming pool or underground structure authorized by a
building permit,[1] and an excavation for a driveway between a building site
and the street. This exception shall not affect the applicability
of this chapter to or the requirement of a grading permit for any
fill made with the material from such excavation. A grading permit
shall not be required for the temporary stockpiling on the same site
of the material from such excavation.
(4)
A single-family house site where the maximum gradient between the property lines or the maximum excavation or fill [exclusive of the situations referred to in Subsection B(3) hereof] do not exceed the grades or quantities set forth in the following table:
|
Single-Family House Site
(square feet)
|
Maximum Gradient Without Permit
(feet)
|
Maximum Excavation or Fill Without Permit
(cubic feet)
| |
|---|---|---|---|
|
Less than 6,000
|
12 in 100
|
75
| |
|
From 6,000 to 10,000
|
15 in 100
|
100
| |
|
From 10,000 to 18,000
|
15 in 100
|
200
| |
|
From 18,000 to 30,000
|
15 in 100
|
250
| |
|
Over 30,000
|
20 in 100
|
250
|
Every applicant for a grading permit shall file a written application
therefor with the Borough Manager.
A.
Such application shall:
(1)
Describe the land on which the proposed work is to be done by lot,
block, tract or street address, or similar description which will
readily identify and definitely locate the proposed work.
(2)
Be accompanied by plans and specifications prepared by a registered
engineer or surveyor.
(a)
Such plans and specifications shall include a contour map showing:
[1]
The present contours of land and the proposed contours of land
after completion of the proposed grading.
[2]
A plot plan showing the location of the grading, boundaries,
lot lines, neighboring streets and alleys, buildings, trees over 10
inches in diameter two feet above the ground and sufficient dimensions
and other data to show the location of all work.
[3]
A description of the type and classification of the soil.
[4]
Details and location of any proposed drainage structures and
pipes, walls and cribbing.
[5]
The nature of fill material.
[6]
Such other information as the Borough Manager may require to
carry out the purposes of this chapter.
(c)
Plans shall be submitted in triplicate.
(3)
State the estimated dates for the starting and completion of the
grading work.
(4)
State the purpose for which the grading application is filed.
B.
The Borough Manager may waive the requirement for any or all plans
and specifications listed above if he finds that the information on
the application is sufficient to show that the work will conform to
the provisions of this chapter.
[Amended 12-12-1977 by Ord. No. 1211]
Before issuing a grading permit, the Borough Secretary shall
collect a permit fee as follows:
A.
Permit fees based on the volume of material shall be as follows:
|
Volume of Material
(cubic yards)
|
Permit Fee
| |
|---|---|---|
|
Not more than 50
|
$5
| |
|
More than 50 but not more than 250
|
$8
| |
|
More than 250 but not more than 500
|
$15
| |
|
More than 500 but not more than 1,000
|
$15
| |
|
More than 1,000
|
$15 plus $5 for each additional 1,000 cubic yards or portion
thereof
|
B.
The permit fee for escrow agreements and bonds shall be $10 for each
agreement and bond.
Every grading permit shall expire by limitation 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 issue, provided that the Borough Manager 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 is made before the date of the
expiration of the permit.
A.
Where, in the opinion of the Borough Manager, the work as proposed
by the applicant is likely to endanger any property or any street
or alley, he shall deny the grading permit. In determining whether
the proposed work is likely to endanger property, streets or alleys,
or create hazardous conditions, the Borough Manager shall give due
consideration to:
B.
The Council shall consider promptly appeals from the provisions of
this chapter or from the determinations of the Borough Manager, and
the Council shall make determinations of alternate methods, standards
or materials when, in its opinion, strict compliance with the provisions
of this chapter is unnecessary. Any applicant or permit holder shall
have the right to appeal to any court of competent jurisdiction from
any decision or determination of the Council.
A.
The Borough Manager shall, when requested, make the inspections hereinafter
required and shall either approve that portion of the work which has
been completed or notify the permit holder wherein the same fails
to comply with the provisions of this chapter. Where it is found by
inspection that the soil or other conditions are not as stated or
shown in the application, the Borough Manager may refuse to approve
further work until approval is obtained for a revised grading plan
conforming to existing conditions.
B.
Plans for grading work, bearing the stamp of approval of the Borough
Manager, shall be maintained at the site during the progress of the
grading work and until the work has been approved.
C.
The permit holder shall notify the Borough Manager in order to obtain
inspections in accordance with the following schedule and at least
24 hours before the inspection is to be made:
(1)
Initial inspection — when work on the excavation or fill is
about to be commenced.
(2)
Rough grading — when all rough grading has been completed.
(3)
Drainage facilities — when drainage facilities are to be installed
and before such facilities are backfilled.
(4)
Special structures — when excavations are complete for retaining
and crib walls and when reinforcing steel is in place and before concrete
is poured.
(5)
Final inspection — when all work, including the installation
of all drainage and other structures, has been completed.
D.
If at any stage of the work the Borough Manager shall determine by
inspection that the nature of the formation is such that further work
as authorized by an existing permit is likely to endanger property,
streets or alleys, or create hazardous conditions, the Borough Manager
may require, as a condition to allowing the work to be done, that
such reasonable safety precautions be taken as the Borough Manager
considers advisable to avoid such likelihood of danger. Safety precautions
may include but shall not be limited to specifying a flatter exposed
slope and the construction of additional drainage facilities, berms,
terracing, compaction or cribbing.
A.
No excavation shall be made with a cut face steeper in slope than
one horizontal to one vertical, except under one or more of the following
conditions:
(1)
The excavation is located so that a line having a slope of one horizontal
to one vertical and passing through any portion of the cut face will
be entirely inside the property lines of the property on which the
excavation is made.
(2)
The material in which the excavation is made is sufficiently stable
to sustain a slope of steeper than one horizontal to one vertical,
and a written statement of a civil engineer, licensed by the Commonwealth
of Pennsylvania and experienced in erosion control, to that effect
is submitted to the Borough Manager and approved by him. The statement
shall state that the site has been inspected and that the deviation
from the slope specified above will not result in injury to persons
or damage to property.
(3)
A retaining wall or other approved support is provided to support
the face of the excavation.
B.
The Borough Manager may require an excavation to be made with a cut
face flatter in slope than one horizontal to one vertical if he finds
the material in which the excavation is to be made is unusually subject
to erosion, or if other conditions exist which make such flatter cut
slope necessary for stability and safety.
C.
Excavations shall not extend below the angle of repose or natural
slope of the soil under the nearest point of any footing or foundation
of any building or structure, unless such footing or foundation is
first properly underpinned or protected against settlement.
D.
Before commencing any excavation which will in any way affect an
adjoining property or structures thereon, the person making or causing
the excavation to be made shall notify in writing the owners of adjoining
buildings not less than 30 days before such excavation is to be made
that the excavation is to be made. Adjoining properties and structures
shall be protected as provided in the Building Code of the Borough
of West View.[1]
A.
No fill shall be made which creates any exposed surface steeper in
slope than 1 1/2 horizontal to one vertical, except under one
or more of the following conditions:
[Amended 2-2-1977 by Ord. No. 1191]
(1)
When the fill, in the opinion of the Borough Manager, is located
so that settlement, sliding or erosion of the fill material will not
result in property damage or be a hazard to adjoining property, streets,
alleys or buildings.
(2)
When a written statement from a civil engineer, licensed by the Commonwealth
of Pennsylvania and experienced in erosion control, certifying that
he has inspected the site and that the proposed deviation from the
slope specified above will not endanger any property or result in
property damage is submitted to and approved by the Borough Manager.
B.
The Borough Manager may require that the fill be constructed with
an exposed surface flatter than 1 1/2 horizontal to one vertical
if he finds that under the particular conditions such flatter surface
is necessary for stability and safety.
C.
Whenever a fill is to be made of materials other than clean soil
or earth, the grading permit shall be subject to the following additional
limitations and requirements:
(1)
The fill shall be completed within a reasonable length of time, the
said time limit to be determined by the Borough Manager and to be
specified on the grading permit.
(2)
Clean soil or earth shall be placed over the top and exposed surfaces
of the fill to a depth sufficient to effectively conceal all materials,
other than clean soil or earth, with the fill. Where the nature of
the fill requires, the Borough Manager may require clean soil or earth
to be placed over the top and exposed surfaces of the fill to a depth
sufficient to conceal all materials at the end of each day's
operations.
(3)
No grading permit shall be issued for the filling of materials other
than clean soil or earth until a faithful performance bond in the
amount of at least 10% more than the Borough Manager's estimated
cost of adequately covering such fill with clean soil or earth has
been furnished to the Borough. Such bond shall be executed by a corporate
surety, as well as by the principal, and shall be subject to the approval
of the Borough Solicitor as to form. The bond shall inure the benefit
of the Borough and shall be conditioned upon the faithful performance
of the work required under the terms and conditions of the grading
permit to the satisfaction of the Borough Manager. In lieu of said
bond, a cash deposit in the said amount may be made with the Borough
Treasurer, or with a bank or trust company approved by the Borough
Solicitor, which shall act as escrow agent.
All fills shall be compacted to provide stability of material
and to prevent undesirable settlement. The fill shall be spread in
a series of layers, each not exceeding 12 inches in thickness, and
shall be compacted by a sheepsfoot roller or other approved method
after each layer is spread. The Borough Manager may require tests
or other information if, in his opinion, the conditions or materials
are such that additional information is necessary.
Adequate provisions shall be made to prevent any surface waters
from damaging the cut face of an excavation or the sloping surface
of a fill. Slopes of more than 10 feet in vertical height shall be
separated by level berms of at least four feet in width. Berm ditches
shall be constructed where necessary to prevent erosion. All drainage
provisions shall be of such design as to carry surface waters to the
nearest practical street, storm drain or natural watercourse approved
by the Borough Manager as a safe place to deposit and receive such
waters. The Borough Manager may require such drainage structures or
pipes to be constructed or installed as, in his opinion, are necessary
to prevent damage and to satisfactorily carry off surface waters.
The owner of any property on which an excavation or fill has
been made shall maintain in good condition and repair all retaining
walls, cribbing, drainage structures, fences and other protective
devices.
A.
The top or bottom edge of slopes shall be at least three feet from
property or right-of-way lines of streets in order to permit the normal
rounding of the edge without encroaching on the abutting property.
Where walls or slopes at property lines are steeper than one to one
and six feet or more in height, they shall be protected by a substantial
fence three feet or more in height. Before a grading permit is issued,
a bond may be required to guarantee the protection of steep slopes.
B.
The owner of a property shall be responsible to protect and clean
up lower properties of silt and debris washing from his property as
a result of the regrading of his property.
C.
In order to prevent the denuding of the landscape, wherever practicable,
large trees and other natural features constituting important physical,
aesthetic and economic assets to existing or impending suburban development
shall be preserved.
A.
If upon final inspection of an excavation or fill it is found that
the work authorized by the grading permit has been satisfactorily
completed in accordance with the requirements of this chapter and
any other requirements imposed, a grading certificate covering such
work and stating that the work is approved shall be issued to the
permit holder by the Borough Manager.
B.
The Borough Manager shall have the power to revoke any grading certificate
whenever he finds that the work covered by the certificate has been
materially extended or altered without a permit so to do, or that
any retaining walls, cribbing, drainage structures, fences or other
protective devices shown on the approved plans and specifications
submitted with the application for a permit have not been maintained
in good order and repair.
C.
Before such revocation, the Borough Manager shall first give written
notice to the permit holder and to the owner of the property involved,
specifying the defective condition and stating that unless such defective
condition is remedied satisfactorily, the grading certificate may
be revoked. If the defective condition is remedied, the certificate
shall not be revoked.
D.
The Borough shall make diligent effort to inspect work done under
this chapter. However, the Borough disclaims hereby any responsibility
or liability on its part for faulty workmanship or negligence on the
part of the applicant, and the granting of a permit or grading certificate
hereunder shall in no manner or form be construed to mean an acceptance
of said work on the part of the Borough, nor a guaranty or warranty
that such work shall be performed by the applicant without negligence,
defect or fault on said applicant's part.
[Added 2-2-1977 by Ord. No. 1191]
A.
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.
B.
When written notice of a violation of any of the provisions of this
chapter has been served by the Borough Manager on any person, such
violation shall be discontinued immediately.
C.
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, be liable to a fine of not more than $300,
plus costs of prosecution, and in default of the payment of the fine
and costs, imprisonment for not more than 30 days, for each and every
offense; and whenever such person shall have been notified by the
Borough Manager by service of summons in a prosecution or in any other
way that he is committing such violation of this chapter, each day
that he shall continue such violation after such notification shall
constitute a separate offense, punishable by a like fine or penalty.
Such fines or penalties shall be collected as like fines or penalties
are now by law collected.
[Amended 2-2-1977 by Ord. No. 1191]
In case any work is performed by any person in violation of
any of the provisions of this chapter, the proper officer of the Borough,
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.
