Borough of Leetsdale, PA Steep Slope Regulations

Purpose. The purpose of these regulations is to promote the public health, safety, and welfare by permitting only those uses of steep slope areas which are compatible with the conservation of natural conditions and which limit soil erosions, siltation of streams, stormwater runoff, and disturbance of vegetative ground cover.

Compliance. No area within the Steep Slope Overlay District shall hereafter be used except in full compliance with the terms of this section.

Concept. The Steep Slope Overlay District shall be deemed to be an overlay on any existing or future zoning districts enacted to regulate the use of land in the Borough. In those areas of the Borough located within the Steep Slope Overlay District, the requirements of this section shall supersede the requirements of the underlying zoning districts.

Preservation of other restrictions. It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants or deed restrictions; however, where this section imposes greater restrictions, the provisions of this section shall prevail.

Municipal liability. The granting of a building permit or approval of a subdivision or site development plan within or near to the Steep Slope Overlay District shall not constitute a representation, guarantee, or warranty of any kind by the Borough, or by any official or employee thereof, of the practicability or safety of a proposed use. The terms of this section shall create no liability upon the Borough, its officials or employees. This section does not imply that areas outside the Steep Slope Overlay District boundaries or land uses permitted within said district will always be totally free from the effects of erosion, instability of the land, subsidence, or other adverse conditions.

Definitions of Steep Slope Overlay. The Steep Slope Overlay District shall consist of an area defined as follows:

(1)

Steep slopes are those areas sloping more than 15 feet vertical over a distance of 100 feet horizontal.

Boundary interpretation. Where an interpretation is needed as to the exact location of the boundaries of the Steep Slope Overlay in relation to a given parcel, an initial determination shall be made by the Zoning Officer. Any person seeking such a determination may submit a topographic survey of the property and any of the pertinent documentation for consideration.

Appeal of boundary interpretation. Any person aggrieved by any such determination of the Zoning Officer under this section may appeal to the Zoning Hearing Board. The person contesting the location of the Steep Slope Overlay boundary shall have the burden of proof in case of any such appeal.

Permitted uses in an area of steep slope. Uses permitted in an area of steep slope shall be in compliance with the base zoning district and all other provisions of this chapter.

Special requirements for all uses in Steep Slope Overlay. The following requirements shall be applicable to all uses in the Steep Slope Overlay District:

(1)

All grading shall be minimized.

(2)

Finished slopes of all cuts and fills shall not exceed 33% unless the applicant can demonstrate that steeper slopes can be stabilized and maintained adequately.

(3)

No more than 25% of the slope areas shall be stripped of vegetation or disturbed through grading. Grading for roads shall be limited to the cartway, and the remainder of the right-of-way shall be left undisturbed.

(4)

A statement, signed and sealed by one or more of the following registered professionals (in the Commonwealth of Pennsylvania); geologist, engineer, and or architect as appropriate, for the type of work involved in the project, containing the following items of information:

(a)

A written explanation, in narrative form, of the building methods to be used in overcoming foundation and other structural problems and preventing soil erosion and excessive surface water runoff to neighboring properties and/or streets;

(b)

A geotechnical engineering report of the soil types and underlying geology of the site as appropriate for the proposed type of construction;

(c)

A plan, a profile and typical cross sections of any proposed driveway. This material shall have the seal of a registered professional engineer affixed thereon;

(d)

A plan indicating proposed and existing impervious surfaces, storm drainage facilities, drainage calculations based on a fifty-year storm, retaining walls, ground cover, and the location of trees and ornamental shrubs; and

(e)

Architectural plans, elevations, and sections.

(5)

A statement signed by the owner that there is a full understanding of any difficulties associated with the access stemming from steep slopes, and that risk of landslides, ground shift, or other instabilities caused by the nature of the geologic, subsurface and steep slope conditions shall be the responsibility of the owner.

(6)

A building permit shall not be issued until the owner or contractor posts financial security in the form of a bond, an irrevocable letter of credit, or other type of financial security agreeable to the Borough and the Borough Solicitor, to be held by the Borough as security against landslides, rockfalls, water runoff damages, etc., that may adversely affect Borough property, streets, rights-of-way or drainage. Financial security will be posted in an amount, up to a maximum of $20,000, as determined by the Borough Engineer or Borough Building Inspector based on his review of the type and cost of project, location of the project site, slope of the project site, geological structure underlying the site, and proximity of the site to Borough property, streets, or rights-of-way. Financial security shall be maintained in effect until an occupancy permit has been issued. Release, discontinuance or expiration of the posted financial security will be permitted upon substantial completion of the proposed construction activities. In addition to any remedies in law or equity, the Borough may exercise its rights to obtain the proceeds from the financial security posted by the owner and contractor to correct or restore damage to Borough property, streets, rights-of-way or drainage that are not corrected by the owner or contractor within 24 hours from occurrence of the damage.

Building permits. The issuance of any building permit for any construction or land disturbance within or affecting the Steep Slope Overlay District shall occur only after all the above special requirements have been satisfied.