[HISTORY: Adopted by the Borough Council of the Borough of Oakmont 7-14-2003 by Ord. No. O18-2003. Amendments noted where applicable.]
A. 
Title and purpose.
(1) 
This chapter shall be known and may be cited as "The Borough of Oakmont Grading, Excavation and Fills Ordinance."
(2) 
The purpose of this chapter is to provide minimum standards to safeguard persons and property, to protect and 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.
B. 
Definitions. Wherever used in this chapter the following words shall have the meanings indicated:
ADMINISTRATOR
The person qualified and officially appointed by Borough Council to manage this chapter.
BEDROCK
Natural rock layer, hard or soft, in place at ground surface or beneath unconsolidated surficial deposits.
BUFFER AREA
A unit of land, containing any required structures and a specified type and amount of planting, which serves to eliminate or minimize conflicts between land uses.
(1) 
A buffer area shall be defined as occurring within the lot or parcel, at its outer perimeter and extending to the lot line.
(2) 
A buffer area shall separate a higher intensity use from a lower intensity use.
(3) 
A buffer area shall be a minimum of 15 feet in width and shall be planted with appropriate screen planting, as determined by the Planning Commission.
BUILDING CODE
The current statewide building code and any other such code that has been adopted by the Borough of Oakmont.
CUT
Excavation.
ENGINEERING GEOLOGIST
A person who holds a degree in geology from an accredited college or university and who has the training and experience in the field of engineering geology.
EROSION
The detachment and movement of soil and 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 conditions resulting therefrom.
FILL
Any act by which earth, sand, gravel, rock or any other similar material is deposited, placed, pushed, dumped, pulled, transported or moved to a new location and includes conditions resulting therefrom.
GOVERNING BODY
Oakmont Borough Council.
GRADING
Excavation or fill or any combination thereof and shall include the conditions resulting from any excavation or fill.
GRADING PERMIT
Any permit required under this chapter.
HAZARD
A danger or potential danger to life, limb or health, or an adverse effect or potentially adverse effect to the safety, use or stability of property, waterways, public ways, structures, utilities and storm sewers; and hazard includes 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.
SLOPE
Any ground area having an inclination from the horizontal. Slopes are measured in either degrees from the horizontal or as the ratio of a horizontal distance to the vertical height (or drop) to the surface of the slope. Each change in inclination from horizontal in a cut or fill represents a different slope. The slope of a cut or fill is represented by the maximum slope of a cut or fill.
SOIL SURVEY
The published and operational soil survey for Allegheny County, Pennsylvania, and the accompanying text, "Soil Survey Interpretations of Allegheny County, Pennsylvania," as prepared by the U.S. Department of Agriculture Soil Conservation Services, et al. When applicable, "Soil Survey" means "Soil Survey, Allegheny County, Pennsylvania."
SOILS ENGINEER
A person registered by the Commonwealth of Pennsylvania as a professional engineer and who has the training and experience in the branch of soils engineering.
SOLID WASTE
Any or all parts or combination 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.
A. 
Permit requirement.
(1) 
A grading permit must be obtained from the Administrator for new grading, excavation and fills. Changes, additions or alterations made to existing excavation or fills shall conform to the provisions of this chapter, and shall require a grading permit. A separate grading permit shall be required for each site. One permit may cover the grading, excavation and any fills made on the same site.
(2) 
Only one permit is required for a continuous site to be graded for a proposed major planned development, such as planned residential and planned office center developments, when adequate standards or requirements for grading the site are approved by the Administrator.
(3) 
When grading is to be performed for and executed concurrently with the construction of a new building or a building addition, a separate grading permit will be required in addition to the building permit.
B. 
Exceptions to permit requirement. A grading permit will not be required for any of these situations:
(1) 
Grading limited to reasonable, regular, normal maintenance and landscaping improvements by individual homeowners, where standards in this chapter are not violated.
(2) 
Stockpiling of rock, sand and aggregate in an area zoned for such use.
(3) 
Grading performed for the construction of an individual residence shall not require a separate grading permit. The grading permit will be part of the building permit and all such provisions herein shall apply unless otherwise noted.
A. 
The maximum slope of cut shall not exceed two horizontal to one vertical or 2:1, and the maximum slope for fill shall not exceed three horizontal to one vertical or 3:1. Retaining walls and grading shall meet the following requirements:
(1) 
Any wall in excess of four feet above grade shall be designed by a registered professional engineer experienced in structural design and be constructed in compliance with the Building Code. A single retaining wall, not in excess of four feet, may be used in the cut or fill area.
(2) 
Where a wall is used at the toe of a cut or fill, a buffer area adjacent to the bottom of the wall, measured from the base of the wall, shall be a minimum distance of 125% of the height of the wall. This buffer area shall not be used for placement of structures, parking, vehicular circulation, sales area, and pedestrian traffic or for other uses which may endanger public safety if the wall should fail.
(a) 
The Borough Engineer will review instances where the buffer area may not be achievable in accordance with the requirements of this chapter and make recommendations concerning the site-specific conditions.
(3) 
Any wall in excess of five feet in height shall be protected at the top with a six-foot-high chain link fence, within four feet of the top.
(4) 
Cuts and fills in excess of 20 feet in height and within 30 feet of a property line shall include a buffer area at the top of a cut (or at the bottom of a fill), whichever provides greater buffering to the adjacent property.
(5) 
Cuts or fills in excess of 30 feet in height shall include a six-foot chain-link fence within four feet of the top of the slope.
(6) 
Where a cut or fill exceeds 15 feet in height, the top of cut or the toe of fill shall not be closer to the lot line than 20 feet.
B. 
Adequate provisions shall be incorporated to prevent erosion due to storm drainage. All provisions shall be properly engineered and may be paved or planted swales and/or gutters and/or piped storm sewers. These provisions shall be reviewed and subject to the approval of the Borough Engineer.
C. 
Storm drainage shall not be diverted to adjacent property owners.
D. 
Adequate engineered provisions shall be incorporated to prevent sediment infiltration into existing streams.
E. 
All fills shall be compacted during placement to provide stability of fill materials and to prevent settlement or slippage.
F. 
Immediately upon completion of grading, all areas not designated for building or paving shall be mulched and planted. Planting shall be appropriate to maintain slopes from erosion and are subject to Administrator approval. In general, planting may be rye grass, crown vetch or honeysuckle.
G. 
Any slope which exceeds 30 feet in vertical height shall be designed with proper benches, analyzed and certified to be stable by a professional soils engineer.
H. 
In addition to the above, all fill and cut operations shall conform to the "Erosion and Sedimentation Pollution Control Manual" published by the Pennsylvania Department of Environmental Protection.
I. 
In the event that the cut and fill operation affects any natural watercourse under the jurisdiction of the Pennsylvania Department of Environmental Protection, Division of Dams and Waterways Management, by change in direction, cut and fill along the banks, culverts or bridges, or construction adjacent to, the applicant must present with his application the permit and the letter of comments from the Department of Environmental Protection, Division of Dams and Encroachments.
J. 
An exception may be requested to one or more requirements of these standards for grading when the location, shape or topography of the particular parcel of land is such that strict conformance to the requirements would cause undue hardship, serve no useful purpose, or be a detriment to the overall quality of the project.
(1) 
Such request shall require Planning Commission review; and their recommendation shall be forwarded to Borough Council for their approval.
A. 
Every applicant for a grading permit shall file a written application with the Administrator on a prescribed form. The application shall:
(1) 
Describe the land, by lot, block, tract or street address on which the proposed work is to be done.
(2) 
Be accompanied by the plans and specifications prepared and sealed by a professional (engineer, surveyor or architect) describing the site and proposed soil erosion controls.
(a) 
The plans shall be complete and include 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 are required to show drainage details of all constructed measures to prevent soil erosion. Planting shall be indicated.
B. 
The Administrator may waive the preparation of plans by a professional when it can be demonstrated that the proposed work is simple, clearly indicated on the plans submitted, and creates no potential nuisance or hazard to adjacent property.
C. 
Plans and specifications shall be submitted to the Allegheny County Conservation District for approval prior to submission to the Administrator, and such approval must be submitted for a grading 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, the applicant may do so only when the design is certified by a soils engineer or engineering geologist. However, in no case shall the slopes be greater than specified in § 112-3A.
A. 
Whenever the governing body, upon the recommendation of its Administrator, determines that any existing excavation, slope or fill has become a hazard as defined in § 112-1B, the owner of the property upon which the excavation, slope or fill is located, or other persons or agent in control of the property, upon receipt of notice in writing from the Administrator shall, within the time period specified, repair, reconstruct or remove such excavation, slope or fill so as to eliminate the hazard.
B. 
If, after such notification, the property owner has not made the necessary repairs within the time specified, then the governing body may direct government employees to make the required repairs, and the cost thereof shall be borne by the property owner by a lien filed as provided by law.
C. 
Whenever the governing body, upon the recommendation of its Administrator, determines that any proposed excavation, slope or fill may present a hazard as defined in § 112-1B, the governing body reserves the right to require the applicant to have the proposed work certified by a soils engineer or engineering geologist.
D. 
The use of solid waste as fill material is prohibited.
A. 
Before issuance of a grading permit, the applicant shall post a bond, with a Pennsylvania approved surety, or other approved security in the amount of 100% of the estimated cost of the grading work and erosion control facilities proposed for the permit, to guarantee the work and that the facilities will be constructed in a satisfactory manner and meet the requirements of this chapter. No bond shall be required if another bond or other approved security is posted for construction and/or site improvements. When all requirements of this permit have been met and the work has been completed in a satisfactory manner, the full amount of security shall be returned to the person posting the security.
B. 
Alternate security for grading of an individual residence (or individual residence in a planned development), in lieu of the above, may be as follows:
(1) 
Cash deposit in the amount of $75 for each residence, refundable upon compliance with this chapter, or the deposit may remain deposited with the Borough to be applied to the next permit.
(2) 
Cash deposit or surety as outlined in § 112-6A in the amount of $1,000, to remain in effect for grading all individual residences, for a one-year period.
Every grading permit shall expire by limitation and become null and void if the work authorized by such permit has not commenced within 180 days or it is not completed within one year from the date of issuance, provided that the governing body, acting upon 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 an extension of up to one year, and provided, further, that the application for extension of time is made before the date of expiration of the permit. Any physical changes in the site, such as surface water drainage, soil or 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.
A. 
When the requirements of this chapter for obtaining a permit have been met, the Administrator shall approve the proposed plan and grant a grading permit to the applicant. Approved work may then start. However, when, in the opinion of the Administrator, work proposed by the applicant is likely to endanger any property or person, or any street or alley, or create hazardous conditions, the grading permit shall be denied. In determining whether the proposed work is likely to endanger persons, property, streets or alleys, or create hazardous conditions, the Administrator shall give due consideration to possible saturation by rains, earth movements, run-off surface waters and subsurface conditions such as the stratification and faulting of rock, aquifers, springs and the nature and type of the soil or rock.
B. 
The governing body shall within 15 days consider appeals from the provisions of this chapter or the denial by the Administrator, and the governing body within 15 days shall consider alternate methods, standards or materials proposed by the developer when, in his 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 decisions of the governing body.
A. 
The permittee or his agent shall notify the Administrator in writing of the start and completion of each continuous grading operation. Notice shall be received by the Administrator or at his office at least two days before start of grading operations.
B. 
Grading work at these stages or any other time will be subject to spot inspections at the discretion of the Administrator to determine that the work is being performed in compliance with these regulations.
C. 
In special cases, when grading occurs in areas of landslide-prone soil as recognized by the Soil Survey, the Administrator may require special precautions. The results of all soil tests and core borings made relating to the site to be graded shall be submitted to the Administrator.
A. 
The owner of any property on which excavation, slope or fill has been made shall maintain in good condition and repair the excavation, slope or fill permitted, and also all retaining walls, cribbing, drainage structures, fences, ground cover and any other protective devices as may be a part of the permit requirements.
B. 
If, at any time subsequent to the completion of the grading work, the cut face or fill slope shall show evidence of deterioration, erosion or other detrimental conditions which may affect properties above and below the grading site, Borough Council, upon recommendation of the Administrator, may direct the property owner to take necessary remedial steps in accordance with sound engineering practice to restore the grading to a safe condition, and to do so within a period of time established by Borough Council.
Neither the issuance of a permit under the provisions of this chapter, nor the compliance with the provisions hereto or 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 liability upon the Borough for damages to persons or property.
A. 
A fee of $50 per acre, or each portion thereof, will be charged for each grading permit.
B. 
The applicant shall also pay for any and all review, inspection and testing fees incurred by the Borough.
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, 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.
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 any violation of any provision of this chapter has been served by the Administrator or any person, such violation shall be discontinued immediately or within the time limit specified in such notice. If the 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 the penalty provided in § 112-15.
Any person violating any provision of this chapter shall be fined $300 per day for each offense. Whenever such person has been notified by the Administrator by service of summons in a prosecution or in any other way that he is committing a violation of this chapter, each day that he continues such violation after notification shall constitute a separate offense. Fines shall be collected as like fines or penalties are now by law collected.
If this chapter conflicts with any other ordinance of the Borough, or any county, state or federal regulations, the ordinance or regulation requiring the higher degree of performance, the better quality, or the greater quantity of work, shall prevail, as interpreted by the Administrator.