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:
ADMINISTRATOR
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.
BUILDING PERMIT
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.
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, 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.
FENCE
An enclosure, barrier or boundary made of posts, boards, wire, stakes
or rails.
FILL
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.
FINISHED GRADE
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.
GRADING
An excavation or fill or any combination thereof and shall include
the conditions resulting from any excavation or fill.
HAZARD
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.
PAVING
The application of such material as will produce a dust-free, all-weather,
hard surface.
PERSON
A natural person or persons, but shall also include a partnership,
trust, association or corporation and their heirs, successors and assigns.
ROUGH GRADE
That state of grading which approximates the finished grade in a
plan of grading.
SITE
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.
SLOPE
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.
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.
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.
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.
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.