Wherever used in this chapter, the words listed
below shall have the following meanings:
ADMINISTRATOR
The qualified individual designated from time to time by
the Baden Borough Council to act for Baden Borough under this chapter.
BUILDING PERMIT
A valid permit issued by Baden Borough pursuant to the provisions
of applicable Baden Borough ordinances for the construction, erection
or alteration of a structure or building.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity, including such process 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,
relocated or bulldozed and shall include the conditions resulting
therefrom.
FENCE
A structural barrier to prevent intrusion within a given
area.
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; the elevation coincides with the elevation
called for in a plan of grading.
GRADING
An excavation, fill or any combination thereof; grading 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
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
The 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 (excavation or fill) or changes,
additions, repairs or alterations made to an existing grading (excavation
or fill) 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 Administrator. A separate grading permit shall be required
for each site. One grading 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. An excavation which does not exceed four feet in vertical depth at its deepest point measured from the existing grade, if the grading does not cover an area of more than 20% of the site, and does not exceed 6,000 square feet, and does not exceed 250 cubic yards, and does not result in cut and/or fill slope steeper than four horizontal to one vertical, and does not exceed an area of 1,000 square feet for areas recognized by the Borough consulting engineer as containing landslide-prone soils. This exception shall not affect the applicability of this chapter to the requirement of a grading permit for any fill made with the material from such excavation, unless such fill is within the exception of Subsection
B herein.
B. A fill does not exceed four feet in vertical depth
at its deepest point measured to the existing grade if the grading
does not cover an area of more than 20% of the site and does not exceed
6,000 square feet and does not exceed 250 cubic yards, and the surface
of such fill does not have a slope at any point steeper than four
horizontal to one vertical.
C. 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 indicates 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.
D. A single-family house site where the minimum slope between property lines or the maximum excavation or fill (exclusive of the situations referred to in Subsection
C hereof) does not exceed the slopes or quantities set forth in the following table:
|
Single-Family House Site
(area to be graded in square feet)
|
Maximum Slope
Without Permit
(feet vertical per
100 feet horizontal)
|
Maximum Excavation or Fill Without Permit
(cubic yards)
|
---|
|
Less than 12,000
|
12 in 100
|
100
|
|
12,000 to 30,000
|
15 in 100
|
200
|
|
Greater than 30.000
|
20 in 100
|
250
|
Every applicant for a grading permit shall file
a written application therefor with the Administrator. 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 a contour interval of not greater than five feet; a plan
showing cross sections of the proposed cut and/or fill at fifty-foot
intervals which show the method of benching both cut and/or fill;
however, under no circumstances shall there be less than two cross
sections for each property involved under said grading permit; a plot
plan showing the location of the grading, boundaries, lot lines, neighboring
streets and ways, existing and proposed buildings, existing waterlines,
sewers and drains, existing utility lines, type of ground cover or
vegetation, sufficient dimensions and other data to show the location
of all work, description of the type and classification of soil obtained
from an on-site investigation, details and location of existing watercourses,
area and details of paving, information regarding 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 Administrator 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 the
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 grading permit
has not been commenced within one year or is not completed within
two years from the date of issue, provided that the Administrator
may, if the grading 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
grading permit.
The following are general standards for grading:
A. No grading, stripping or topsoil removal, excavation
or any other land disturbance activity which changes the existing
contours or results in the removal of existing vegetation (other than
the removal of dead or diseased plant material) shall be permitted
before the final grading permit has been approved.
B. Grading shall be limited to the minimum area necessary
to provide for buildings, roads, parking areas, utilities and other
facilities shown in an approved grading permit.
C. Grading in areas susceptible to landslides, subsidence,
flooding or steep slopes or in wetlands shall comply with the additional
provisions hereunder.
D. A soil erosion and sedimentation control plan shall be prepared in accordance with the provisions of Title 25, Environmental Resources, Chapter
102, Erosion Control, and approved by the Beaver County Conservation District (BCCD) prior to the commencement of any grading or other regulated earth disturbance activity, unless the BCCD determines that a soil erosion and sedimentation control plan is not required. Any disturbed areas shall be seeded with PennDOT seed mix Type D or its equivalent approved by the Borough.
E. The applicant shall be responsible for protecting
adjacent and downstream properties from any damage which occurs as
a result of earth disturbance on the site. Such protection shall include
cleaning up and restoring to their original condition any adjacent
and downstream properties adversely affected by silt, debris, flooding
or other damage resulting from the earth disturbance activity.
F. The top and bottom edges of cut or fill slopes shall
be kept back from property or right-of-way lines three feet plus 1/5
the height of the cut or fill, which total distance need not exceed
10 feet.
G. Topsoil stripped from the site in preparation for
earthmoving activities shall be stockpiled on site and replaced on
the site over all regraded, nondeveloped areas at a minimum depth
of four inches.
H. Fill area shall be prepared by removing organic material
such as vegetation and rubbish and other material determined by the
Administrator to prevent proper compaction and stability.
I. Proposed grading shall be accomplished so that existing
stormwater runoff flows are neither increased from predevelopment
rates nor concentrated at the point of release onto abutting or downstream
properties. The permit applicant may be required to provide proof
of sewer runoff flows.
J. Maximum steepness of graded slopes shall be no greater
than two horizontal to one vertical except under the following conditions:
(1) Where the height of a proposed slope will not exceed
10 feet, then a maximum slope steepness of one horizontal to one vertical
may be allowed where soil conditions permit and doing so will help
to preserve existing vegetation or other significant natural features.
The cut or fill shall be located so that a line having a slope of
two horizontal to one vertical and passing through any portion of
the slope face will be entirely inside the property lines of the proposed
grading work.
(2) Where a retaining wall, designed and sealed by a registered
professional engineer licensed by the Commonwealth of Pennsylvania,
is constructed to support the face of the slope; retaining walls must
be constructed in accordance with the American Association of State
Highway Officials Standard Specifications for Highway Bridges, latest
edition.
K. Excavation adjacent to any building foundation walls,
footing or structures shall not extend beyond the angle of repose
or natural slope of the soil under the nearest point of same unless
the foundations, footing or structures have been sufficiently underpinned
or otherwise protected against settlement.
L. Graded slopes of 20 or more feet in height shall be
benched every 12 feet. Benches shall have a minimum width of six feet
and a maximum slope of 5%. Benches shall be planted with trees at
a rate of one tree per 30 lineal feet of bench. Trees shall have a
minimum caliper of 1.5 inches DBH. Species of trees may be mixed but
shall consist of hardy native species. New plantings shall be inspected
yearly, and all dead, diseased or damaged trees shall be replaced.
M. No grading shall be permitted in a floodplain or wetland
area unless a permit is obtained from the appropriate Pennsylvania
Department of Environmental Protection office. The applicant shall
be responsible for payment for all costs associated with obtaining
said permit and shall produce said permit for inspection upon request
of the Administrator.
The following standards shall apply to all grading and disturbance of land with slopes of 25% or greater. If any of the delineated steep slope areas include soils or geologic features which indicate possible instability, the additional standards contained in §
103-14 shall apply.
A. Slopes between 24% and 40%. No more than 25% of slope
areas with existing grades between 25% and 40% 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.
B. Slopes exceeding 40%. No development or disturbance
shall be allowed on slopes exceeding 40%. Very limited disturbance
for utilities may be allowed if the applicant demonstrates that no
feasible alternative location exists.
Landslide-prone areas. No grading, removal of
vegetation, construction or other disturbance shall be permitted on
soils that are classified as slide-prone or unstable, on any land
that is delineated as unstable, or on any other areas of a site that
exhibit signs of instability, except in accordance with the provisions
of this subsection.
A. Unstable areas of a site may be set aside as common
or private open space.
B. Limited disturbance of unstable areas may be allowed
if the applicant demonstrates to the satisfaction of the Administrator
that the proposed disturbance will not cause sliding, movement or
any unsafe condition either on the site or on any adjacent property.
C. Evidence of the safety of any proposed disturbance
shall require site investigation and certification in writing by a
registered professional soils engineer, engineering geologist or professional
engineer with experience in soil engineering that the proposed activity
will not create or exacerbate unsafe conditions.
Adequate provisions shall be made to prevent
any surface waters 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 away 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 accordance with state rules, regulations and law.
The owner of any property upon 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 the grading permit, and further, the continued used of said area shall be contingent upon the maintenance and upkeep, satisfactory to Baden Borough. The certificate of completion may be revoked at any time by the Baden Borough Council in accordance with the procedures set forth in §
103-19B and
C if the conditions of the grading permit are not being observed or if conditions exist that compromise the health, safety and welfare of any person, persons and/or property.
Neither the issuance of a grading permit under
the provisions of this chapter, nor compliance with the provisions
hereof or with any condition imposed by the Baden Borough Engineer
or Administrator, shall relieve any person from responsibility as
may be determined by law for damage to persons or property resulting
from a permitted operation nor impose any liability upon the Baden
Borough Engineer, Administrator, Baden Borough, Baden Borough Council,
agents, officers or employees for injury to persons or property.
In case any work is performed by any person
in violation of any of the provisions of this chapter, the Property
Officer of Baden Borough, in addition to other remedies, may institute
in the name of Baden Borough any appropriate action or proceedings,
whether by legal process or otherwise, to prevent such unlawful work
and to restrain or abate such violation.
All costs for review above administrative costs,
including but not limited to engineering and legal, must be paid for
by the applicant.