[HISTORY: Adopted by the Borough Council of the Borough of Crafton 5-15-1984
by Ord. No. 1419. Amendments noted where applicable.]
This chapter shall be known as the “Crafton Borough Grading, Excavating
and Fill Ordinance.”
The purpose of this chapter is to provide minimum standards to safeguard
persons, to protect property, maintain the present level of ecology and promote
the public welfare 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 words shall have the following meaning:
The qualified individual designated from time to time by the Borough
Council to act for the Borough under this chapter. Unless otherwise noted,
the Borough Code Official/Building Inspector and the Borough Engineer shall
be designated as "Administrators" under this chapter.
[1]A valid permit issued by the Borough, pursuant to the provisions
of applicable Borough ordinances for the construction, erection of or alterations
of a structure or buildings.
The detachment and movement of soil or rock fragments by water, wind,
ice or gravity, including such processes as gravitational creep.
Any act by which earth, sand, gravel, rock, coal, or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced, or relocated
or bulldozed and shall include the conditions resulting therefrom.
The elevation of the existing ground surface above sea level prior
to any excavating or filling.
An enclosure, barrier or boundary made of posts, boards, wire, stakes
or rails.
[2]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 and shall include the conditions resulting therefrom.
The elevation of the ground surface above sea level after grading
has been completed and the elevation coincides with the elevation called for
in a plan of grading.
An excavation or fill or any combination thereof and shall include
the conditions resulting from any excavation or fill.
Any permit required by this chapter.
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.
The application of such material as will produce a dust-free, all-weather,
hard surface.
A natural person or persons, but shall also include a partnership,
trust, association or corporation and their heirs, successors and assigns.
[3]That state of grading which approximates the finished grade in a
plan of grading.
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.
That ratio formed by the horizontal over the vertical difference
of position and where the vertical difference is usually expressed as one
(e.g. 2/1, 3/1, etc.).
New grading (excavations or fills) or changes, additions, repairs, or
alterations made to existing grading (excavations or fills) shall conform
to the provisions of this chapter.
No person shall commence or perform any grading (excavation or fill)
without first having obtained a grading permit from the Borough. 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.
A grading permit will not be required in the following situations, but
in all other respects the provisions of this chapter shall apply:
A.
No grading permit will be required for any excavation
which does not exceed four feet in vertical depth at its deepest point measured
from the natural ground surface; provided, also, that such excavation does
not exceed 1,000 square feet in area and 100 cubic yards of soil removed;
and the slope of the excavation does not exceed a maximum at any point of
three horizontal to one vertical.
B.
No grading permit will be required for any fill which
does not exceed four feet in vertical depth at its deepest point measured
from the top of such fill to the natural ground surface; provided, also, that
such fill does not exceed 1,000 square feet in area and 100 cubic yards of
soil removed; and the slope of the fill does not exceed a maximum at any point
of three horizontal to one vertical.
C.
No grading permit will be required for an excavation
for basements and footings of a building, swimming pool, or underground structure
authorized by a building permit and excavation of a driveway between a building
site and the street where the plot plans attached to the building permit indicate
existing and proposed contours. A grading permit shall not be required for
the temporary stockpiling, on the same site, of the material from such excavation,
within a one-year period beginning from issuance of the building permit.
Any soils referred to as “landslide-prone soils” in the
Allegheny County Soils Manual shall require a building permit and a geotechnical
report for safety reasons.
Every applicant for a grading permit shall file a written application
therefor with the Borough. Such application shall:
A.
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 locate the proposed work.
B.
Be accompanied by plans and specifications, in triplicate,
prepared by a registered engineer, registered surveyor or registered landscape
architect, licensed by the Commonwealth of Pennsylvania, including: a plan
of survey; a contour map showing the present contours of the land and the
proposed contours of the land after completion of the proposed grading at
a scale not smaller than 50 feet to one inch and at a contour interval of
not greater than two feet; and a plan showing cross sections of the proposed
cut and/or fill on fifty-foot intervals which show the method of benching
both cut and/or fill (under no circumstances shall there be less than two
cross sections for each property involved under said permit); a plot plan
showing the location of the grading, boundaries, lot lines, neighboring streets
and ways, existing and proposed buildings, existing water lines and sewers
or drains, existing utility lines, type of ground cover or vegetation, and
sufficient dimensions and other data to show the location of all work; description
of the type and classification of the soils obtained from an on-site investigation;
details and location of existing watercourses; area and details of paving,
and any proposed drainage structures and pipes, walls and cribbing; details
of bridges and/or culverts required to cross over watercourses; nature of
fill material; and such other information as the Borough may require to carry
out the purpose of this chapter. All plans shall be dated and bear the name
and seal of the registered professional who prepared same, the name of the
applicant and the name of the owner of the land.[1]
C.
State the estimated dates of the starting and completion
of the grading work.
D.
State the purpose for which the grading application is
filed.
B.
Before issuance of a grading permit the applicant shall post
a bond, with a corporate surety.[2] 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 be issued to the benefit of the Borough and 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. In
lieu of said bond, a cash deposit in the said amount may be made with the
Borough. Said bond or cash deposit shall be in the amount of 50% of the estimated
cost of the work to guarantee the completion of said work, including erosion
and sedimentation control and storm drainage system, contemplated by the permit.
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 is not completed within two years from the date of issue, provided
that the Borough may, if the permit holder presents satisfactory evidence
in writing that unusual difficulties have prevented the work from 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 expiration of the permit.
A.
Where, in the opinion of the Administrator, the work as proposed
by the applicant is likely to endanger any person, property, or any street
or way, he shall deny the grading permit. In determining whether the proposed
work is likely to endanger property, or streets, or alleys, or streams, or
create hazardous conditions or damage the ecology of the area, the Administrator
shall give consideration to, but shall not be limited to, possible saturation
by rains, earth movements, runoff of surface waters and subsurface conditions
such as the stratification and faulting of rock, and the nature and type of
the soil, rock, or other minerals.
B.
The Borough Council shall consider appeals from the provisions
of this chapter or from the determinations of the Administrator within 30
days, at which time the Council may consider alternate methods, standards
or materials proposed by the applicant. (Any applicant or permit holder shall
have the right to appeal to any court of competent jurisdiction from any decision
of determination of the Borough Council.)
C.
The permit holder shall notify the Borough in order to obtain
inspections in accordance with the following schedule and such notifications
shall be made by the permit holder at least 72 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 inspection: if at any time conditions are found
which are not stated on the permit holder’s application.
(5)
Special structures: when excavations are complete for
retaining and crib walls and when reinforcing steel is in place and before
concrete is poured.
(6)
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 Administrator shall determine
by inspection that conditions exist such that the work as authorized by an
existing permit is likely to endanger any property, or streets, or ways, or
create hazardous conditions, the Administrator may require, as a condition
to allowing the work to be done, that such reasonable safety precautions be
taken as the Administrator considers advisable to avoid the likelihood of
danger. “Safety precautions” may include, but shall not be limited
to, specifying a lesser degree of slope, construction of additional drainage
facilities, berms, terracing, compaction, cribbing, or walls.
A.
Maximum slope steepness of an excavation shall be determined
as follows:
(1)
Landslide-prone soils where slopes are greater than 25% shall
have a slope no greater than four horizontal to one vertical on its exposed
face and shall be safe and stable. A written statement, signed and sealed
by a professional engineer registered in the Commonwealth of Pennsylvania
specializing in geotechnical engineering, shall be submitted with the grading
plan. Landslide-prone soils are identified in the Allegheny County Soil Survey
as prepared by the United States Department of Agriculture.
(2)
Landslide-prone soils where slopes are less than 25% shall have
a slope no greater than three horizontal to one vertical on its exposed face
and shall be safe and stable. A written statement, signed and sealed by a
professional engineer registered in the Commonwealth of Pennsylvania specializing
in geotechnical engineering, shall be submitted with the grading plan. Landslide-prone
soils are identified in the Allegheny County Soil Survey as prepared by the
United States Department of Agriculture.
(3)
Soils which are not, or have a low probability of being, landslide-prone
shall have a slope no greater than two horizontal to one vertical on its exposed
face and shall be safe and stable. A written statement, signed and sealed
by a professional engineer registered in the Commonwealth of Pennsylvania
specializing in geotechnical engineering, shall be submitted with the grading
plan. All soil survey map symbols except those listed above denote soils of
a low landslide probability.
B.
Cut slopes which are steeper than those specified above or to
any work done in recognized landslide-prone soil may be allowed under a grading
permit, provided one or both of the following is satisfied:
(1)
The material in which the excavation is made is sufficiently
stable to sustain a slope steeper than the slope specified above for recognized
soil conditions on the site. A written statement, signed and sealed by a professional
engineer registered in the Commonwealth of Pennsylvania specializing in geotechnical
engineering, stating that the steeper slope will have sufficient stability
and that risk of creating a hazard will be slight, must be submitted to the
Borough.
(2)
A retaining wall or other approved support, designed
by a professional engineer registered in the Commonwealth of Pennsylvania
and approved by the Borough, is provided to support the face of the excavation.
C.
The top or bottom edge of slopes shall be set back by a minimum
of three feet from adjacent property lines or street right-of-way.
D.
Before commencing any excavation which will in any way affect
any adjoining property or structures thereon, the person making or causing
the excavation to be made shall notify, in writing, the owners of the adjacent
property or buildings not less than 30 days before such excavation is to be
made that the proposed excavation is to be started. Copies of all such notices
shall be supplied to the Administrator.
A.
No fill should be placed over trees, stumps or other material
which could create a hazard. Limbs can be chipped and mixed with the topsoil.
B.
Standards for compaction of fills.
(1)
All fills should be compacted to provide stability of fill material
and to prevent undesirable settlement or slippage.
(2)
All fills shall be compacted to provide stability of material
and to prevent undesirable settlement. The fill shall be spread in a series
of one-foot layers and shall be compacted by a sheepsfoot roller or other
approved method after each layer is spread. The Administrator may require
tests or other information if, in his opinion, the conditions or materials
are such that additional information is necessary. Where fills are placed
on slopes of 5% or more, benching of the surface shall be required and indicated
on the cross sections. Fills that exceed a height of eight feet shall be provided
at the toe of the slope with a key bench at least two feet deep and six feet
wide across the entire length of the toe.
(3)
Pieces of rock or boulders having a thickness of more than six
inches or a cross-sectional area in any plane of more than 1 1/2 square feet
shall not be permitted in fills without being broken into smaller pieces able
to be properly compacted.
C.
Maximum slope steepness of a fill shall be determined as follows:
(1)
Landslide-prone soils where slopes are greater than 25%
shall have a slope no greater than four horizontal to one vertical on its
exposed face and shall be safe and stable. A written statement, signed and
sealed by a professional engineer registered in the Commonwealth of Pennsylvania
specializing in geotechnical engineering, shall be submitted with the grading
plan. Landslide-prone soils are identified in the Allegheny County Soil Survey
as prepared by the United States Department of Agriculture.
(2)
Landslide-prone soils where slopes are less than 25%
shall have a slope no greater than three horizontal to one vertical on its
exposed face and shall be safe and stable. A written statement, signed and
sealed by a professional engineer registered in the Commonwealth of Pennsylvania
specializing in geotechnical engineering, shall be submitted with the grading
plan. Landslide-prone soils are identified in the Allegheny County Soil Survey
as prepared by the United States Department of Agriculture.
(3)
Soils which are not, or have a low probability of being,
landslide-prone shall have a slope no greater than two horizontal to one vertical
on its exposed face and shall be safe and stable. A written statement, signed
and sealed by a professional engineer registered in the Commonwealth of Pennsylvania
specializing in geotechnical engineering, shall be submitted with the grading
plan. All soil survey map symbols except those listed above denote soils of
a low landslide probability.
(4)
The material in which the fill is created which is sufficiently
stable after proper compaction to sustain a slope steeper than the slope specified
for recognized soil conditions on the site. A written statement, signed and
sealed by a professional engineer registered in the Commonwealth of Pennsylvania
specializing in geotechnical engineering, stating that the steeper slope will
have a sufficient stability and that risk of creating a hazard will be slight,
must be submitted to the Borough.
(5)
A retaining wall or other approved support for the fill
slope designed by a professional engineer registered in the Commonwealth of
Pennsylvania and approved by the Borough is provided to support the fill installed.
(6)
Before commencing any excavation which will in any way
affect an adjoining property or structures thereon, the person making the
fill slope shall notify, in writing by certified or registered mail, return
receipt requested, the owners of the adjacent property(ies) or building(s)
not less than 30 days before such construction is to be started. Copies of
all such notices shall be copied by registered mail to the Borough.
D.
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 Administrator 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, within the fill.
A.
In order to prevent erosion, the permittee shall be required
to provide adequate surface treatment by installing ground cover of such kind
and character as may be approved by the Administrator. “Erosion and
sedimentation control plan” for earth-moving activity which affects
five or more acres must be approved by the Department of Environmental Protection,
Bureau of Soil and Water Conservation, or Allegheny County Conservation District pursuant
to Sections 102.41 and 102.42 relating to permit requirements of Title 25,
Chapter 102, Erosion Control, as amended. One or a combination of guidelines
for erosion and sediment control should be used to minimize hazard, depending
on site conditions and proposed grading. The Administrator may approve erosion
and sedimentation control plans that satisfy the Pennsylvania regulatory guidelines
of 25 Pa. Code Chapter 102, Erosion and Sediment Control, as amended, if the
proposed grading is located on a parcel that is no greater than one acre in
area.
B.
All fills should be compacted to provide stability of fill material
and to prevent undesirable settlement or slippage.
A.
If a retaining wall greater than three feet in height from the
toe of the natural ground is constructed to satisfy a requirement of this
chapter, a building permit, as provided by the other Borough regulations,
shall not be required. The grading permit will apply to the retaining wall,
and the requirements for inspections, etc., as stated herein shall be complied
with.
B.
Retaining walls shall be constructed in accordance with sound
engineering practice. The plans submitted for approval shall bear the signature
and seal of a professional engineer specializing in structural engineering
registered in the Commonwealth of Pennsylvania.
C.
The backfilling of retaining walls and the insertion of subterranean
drainage facilities shall be done strictly in accordance with the provisions
and requirements of this chapter and the appropriate Borough specifications.
D.
In general, where a retaining wall is replacing an exposed slope,
the vertical face of the wall shall be a minimum of three feet back from the
adjoining property line.
Adequate provisions shall be made to prevent any surface waters and
subsurface drainage, especially in landslide-prone areas, from damaging the
cut face of an excavation or sloping surface of a fill. The Administrator
shall require drainage structures or pipes to be constructed or installed
which are necessary to prevent erosion and to satisfactorily carry off surface
waters. All drainage provisions shall be of such design as to carry surface
waters to the nearest practical location or natural watercourse which is a
safe place to deposit or receive such waters. Culverts and bridges of proper
size shall be installed where a watercourse is to be crossed in accord with
state rules, regulations and law.
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, ground cover, and other protective devices as established by permit, and, further, the continued use of said area shall be contingent upon the maintenance and upkeep, satisfactory to the Borough. The certification of completion therefor may, at any time, be revoked by the Borough Council, in accordance with the procedures set forth in § 125-19B and C if the conditions of the permit are not being observed or if conditions exist that prejudice the health, safety and welfare of any person, persons or property.
A.
The top or bottom edge of excavations and fills shall be at least three feet from property lines or right-of-way lines of streets in order to permit the normal rounding of the edge without encroaching on the abutting property. The top or bottom edge of excavation and fills shall be at least 25 feet from the nearest bank of any stream or body of water. A temporary fence not less than four feet in height and approved by the Administrator shall be placed at the top of all cuts or fills and slopes in excess of 1 1/2 horizontal to one vertical, prior to excavation. Upon completion of grading a permanent fence not less than four feet in height and meeting Borough fence requirements shall be placed at the top of all such cuts or fills and slopes. Before a grading permit is issued a bond shall be required as provided in § 125-9B hereof, to guarantee the protection of steep slopes.
B.
The owner of a property shall be responsible to protect and clean
up affected properties of silt or debris washing from his property as a result
of the regrading of his property. The duties imposed under this paragraph
shall be in addition to those duties owed to other property owners by law.
C.
In order to prevent the denuding of the landscape, wherever practicable,
large trees and other natural features constituting important physical, esthetic
and economic assets to existing or impending suburban development shall be
preserved.
D.
Dust and smoke control.
(1)
All grading, excavation or fill shall be performed so
that no unnecessary dust or smoke shall be raised in such amounts as to cause
annoyance or discomfort to, or be offensive and objectionable to, the public
or shall cause injury or is a health hazard; the permittee shall comply with
all statutes and regulations of the Commonwealth of Pennsylvania concerning
environmental quality control administered by the Department of Environmental
Protection, including the Clean Streams Law and the Air Pollution Control
Act.[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq., as amended, and 35 P.S. § 4001 et seq., as amended, respectively. The second paragraph of original Section 4, regarding burning of materials, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2)
The Administrator may revoke any permit issued under
this chapter until dust and smoke control requirements are met.
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, 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.
B.
The Borough Council shall have the power to revoke any grading
certificate of completion upon the recommendation of the Administrator that
the work covered by the permit, or that any retaining walls, cribbing, drainage
structures, fence, or other protective devices shown on the approved plans
and specifications submitted for a permit, has not been maintained in good
order and repair.
C.
Before such revocation, the Administrator 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, the certificate shall be revoked. Such conditions shall be corrected
within 30 days of notice to the owner to correct same.
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 Administrator on any person, such violation
shall be discontinued immediately.
C.
Any person, firm or corporation who violates a provision of this
chapter, or who fails to comply therewith, or with any of the requirements
thereof, shall be, upon conviction thereof, sentenced to pay a fine of not
less than $300 nor more than $1,000 for each violation, plus costs, and, in
default of payment of said fine and costs, to imprisonment to the extent permitted
by law for the punishment of summary offenses. A separate offense shall arise
for each day or portion thereof in which a violation is found to exist or
for each section of this chapter found to have been violated. All fines and
penalties for the violation of this chapter shall be paid to the Borough Treasurer.[1]
In case any work is performed by any person in violation of any of the
provisions of this chapter, the Administrator, 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.
