[HISTORY: Adopted by the Borough Council of the Borough of
Green Tree 7-11-1988 by Ord. No. 1105[1] (Ch. 1450 of the 1982 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Construction codes — See Ch. 144.
Stormwater management — See Ch. 289.
Excavations in streets and sidewalks — See Ch. 295, Arts. III and V.
Subdivision and land development — See Ch. 300.
[1]
Editor's Note: This ordinance also repealed Ord. No.
713, adopted 5-5-1965.
The purposes of this chapter are to:
A.
Provide minimum standards to safeguard persons, protect property
and promote the general welfare by preventing excess erosion, hazardous
rock and soil slippage, sediment production and other soil and water
management problems by regulating and controlling the design, construction,
quality of materials, use, location and maintenance of grading, excavations
and fills;
B.
Establish performance standards which ensure land use practices respectful
of the natural topography and capabilities of the land;
C.
Encourage maximum retention of natural topography and vegetative
features on hillsides;
D.
Prevent earthflow and rockfall landslides;
E.
Prevent soil erosion and increases in stormwater runoff which result
in stream siltation, flooding and damage to the property of others;
and
F.
Encourage imaginative and innovative site development to building
design that adapts to and takes advantage of the best use of the natural
terrain.
[Amended 5-2-2005 by Ord. No. 1523]
As used in this chapter:
The person qualified and officially appointed by Council
to administer the provisions of this chapter, or his or her authorized
representative.
Any landowner or agent of a landowner who proposes to make
or causes to be made any excavation or fill, or any combination thereof,
pursuant to the provisions of this chapter.
A registered architect licensed as such in the commonwealth.
Natural rock layer, hard or soft, in place at ground surface
or beneath unconsolidated surficial deposits.
Includes the word "structure," and the word "structure" includes
the word "building."
The Pennsylvania Department of Environmental Protection.
A registered professional engineer in the commonwealth who
is knowledgeable in civil engineering.
A person who holds a degree in geology from an accredited
college or university and who has training and experience in the field
of engineering geology.
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 or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced,
relocated or bulldozed, and includes the conditions resulting therefrom.
Either those slopes identified on the soil group map as steep
slopes of 25% or more or any virgin area where, in a one-hundred-foot
horizontal distance, the average slope exceeds 25%.
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, including the condition resulting therefrom.
A report prepared by a soils engineer or engineering geologist.
The elevation of the existing or proposed ground surface
at the location of any proposed excavation or fill.
Any permit required pursuant to the provisions of this chapter.
A grading operation in excess of 5,000 cubic yards performed
in conformance with a grading plan prepared by a professional engineer.
Includes the conditions resulting from any excavation or
fill.
A grading operation of less than 5,000 cubic yards. Where
the site conditions warrant, the Administrator may require the submission
of a report on the site as prepared by a professional engineer, soils
engineer or engineering geologist.
Any danger or potential danger to life, limb or health, or
any adverse effect or potential adverse effect on the safety, use
or stability of property, waterways, public ways, structures, utilities
and storm sewers, including stream pollution.
A landscape architect licensed as such in the commonwealth.
Those soil formations whose characteristics are classified
as being landslide-prone or otherwise sensitive in the Soil Survey
of Allegheny County.
The National Pollutant Discharge Elimination System, representing
the federal government's system for issuance of permits under
the Clean Water Act, delegated to the DEP in the Commonwealth of Pennsylvania.
Any landowner, agent of such landowner or tenant with the
permission of such landholder who has been granted a grading permit
pursuant to the provisions of this chapter.
A structure composed of concrete, steel or other approved
building material constructed for the purpose of supporting a cut
or filled embankment which would otherwise not comply with the requirements
of standards set forth in this chapter and which is more than two
feet in height as measured on the exposed vertical surface of the
wall.
A lot, tract or parcel of land, but may be a series of lots,
tracts or parcels of land which are adjoining and with respect to
which grading work is to be continuous and performed at the same time.
The angle of the existing or proposed ground surface plane
to the horizontal, expressed as the ratio of the horizontal to the
vertical or in percentage of slope (rise or fall per 100 feet).
The Soil Survey of Allegheny County, Pennsylvania, as prepared
by the USDA Soil Conservation Service et al., and accompanying text,
issued August 1981.
A registered professional engineer in the commonwealth having
training and experience in soils engineering.
Any and all parts or combinations 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.
An average slope in excess of 25% in a one-hundred-foot horizontal
distance.
Chapter 300 of this Code.
Chapter 420 of this Code.
A.
This chapter applies to new grading, excavations and fills and changes,
additions or alterations made in existing excavations, fills and embankments,
which shall conform to this chapter.
B.
All grading, excavations and fills, whether or not a grading permit
is required, shall conform to this chapter.
A.
No person shall commence or perform any grading, excavation or fill
without first having obtained a grading permit therefor from the Administrator.
B.
A separate grading permit shall be required for each site. One permit
shall cover all grading, excavations and fills made on the same site.
C.
One permit shall be required for the grading of a large continuous
parcel of land for a major planned development, such as a planned
subdivision development or a planned commercial development, when
the standards for the grading of the entire parcel are satisfactory
to and approved by the Administrator.
A grading permit shall not be required for any of the following:
A.
An excavation which does not exceed three feet in vertical depth at its deepest point, measured from the natural ground surface, and which covers a surface area of less than 1,000 square feet, provided that the surfaces of such excavation do not have slope at any point steeper than four horizontal to one vertical. However, this subsection shall not be deemed to nullify the application of this chapter or any requirement for obtaining a grading permit with respect to any fill made with material from such an excavation, unless otherwise excepted by Subsections B and C hereof.
B.
A fill which does not exceed 10 cubic yards of material on any one
site.
C.
A fill which is not intended to support structures and does not exceed
three feet in vertical depth at its deepest point, measured from the
natural ground surface, and which does not cover an area of more than
1,000 square feet, provided that the surface of such fill does not
have a slope at any point steeper than four horizontal to one vertical
and does not obstruct a drainagecourse.
D.
An excavation below finished grade for basements and footings of a building, swimming pool or underground structure authorized by a building permit and an excavation of a driveway between a building site and the street. However, this subsection shall not be deemed to nullify the application of this chapter or any requirement for obtaining a grading permit with respect to any fill made with the material from such an excavation, unless otherwise excused by Subsections B and C hereof.
E.
Soil excavated under the authorization of a properly issued building
permit which is temporarily stockpiled on the same site as the excavation.
However, if excavated material is stockpiled on a site for a period
of longer than 120 days, a permit shall be necessary when disposing
of the fill material.
F.
A building site improved under authorization of a properly issued building permit where the maximum natural gradient between property lines or the maximum excavation or fill, exclusive of the situations referred to in Subsection D hereof, does not exceed the grades or quantities set forth in the following table:
|
One-Family House Site
(square feet)
|
Maximum Gradient without Permit
(feet)
|
Maximum Excavation or Fill without Permit Exclusive of
Basements and Foundations
(cubic yards)
| |
|---|---|---|---|
|
Less than 10,000
|
15 in 100
|
100
| |
|
10,000 to 24,000
|
15 in 100
|
200
| |
|
Over 24,000 to 44,000
|
15 in 100
|
250
| |
|
Over 44,000
|
20 in 100
|
250
|
G.
Exploratory excavations under the direction of a soils engineer or
engineering geologist;
H.
Excavations for wells, tunnels, public utilities or cemetery graves;
and
I.
For work performed by the Borough or by contractors employed by the
Borough in a public street or alley, park, playground, recreation
area or on other Borough property.
[Amended 5-2-2005 by Ord. No. 1523]
A.
Council shall designate an Administrator for review, approval and
granting of grading permits and to make inspections of the grading
work.
B.
The Administrator shall require that a geotechnical engineering report
be submitted by the applicant if the site is, has been or is likely
to become hazardous to persons or property. The overlay maps, such
as the Coal Resource Maps prepared by USGS, latest edition, for the
Greater Pittsburgh Region, shall be used to locate hazardous areas.
The report shall contain a detailed description of the geological
conditions of the site and shall include conclusions and recommendations
that will demonstrate the relationship of the geological conditions
to the proposed development, including hazardous conditions, water
resources, mineral resources and environmental impact.
C.
In special cases when grading occurs in areas of landslide-prone
soil or rockfall-prone areas as recognized by the soil survey or other
standard surveys, the Administrator may require special precautions
prior to issuing a permit from the applicant. The results of all soil
tests and core borings made relative to the site shall be submitted
to the Administrator.
D.
The Administrator may deny a grading permit if the use of land to be graded, either excavation or filling, is not specifically known except for the intent of improving the site. The Administrator shall review the application, plans, specifications and reports and determine whether the project will improve the site, is in the best interest of the Borough and is not detrimental to the environment. The applicant may appeal the Administrator's decision to Council by preparing and submitting to Council a site plan showing the development of the land in accordance with the subdivision regulations (Chapter 300 of the Code).
E.
When the requirements of this chapter for obtaining a permit have
been met, the Administrator shall approve the application and proposed
plan and grant a grading permit to the applicant.
F.
The Administrator may waive the requirement of any or all plans and
specifications listed in this chapter if he finds that the information
on the application is sufficient to show that the work will conform
to the provisions of this chapter.
A.
Every applicant for a grading permit shall file a written application,
plans, specifications and a soil conservation report therefor with
the Administrator in a form prescribed by the Administrator. The application
shall indicate that the proposed grading is to be regular grading
or engineered grading and shall:
(1)
Describe the land on which the proposed work is to be done by lot,
block, tract and street address, or a similar description which will
readily identify and definitively locate the proposed work;
(2)
State the estimated dates for the starting and completion of grading
work;
(3)
State the purpose for which the grading application is filed; and
B.
The plans and specifications shall accurately portray and describe
the site and proposed soil erosion controls. Plans shall be submitted
in triplicate, one set of which shall be of a reproducible nature,
and shall include:
(1)
The name of the applicant;
(2)
The name of the owner of the land;
(3)
The permission and approval of the owner of the property if the applicant
is an agent or tenant;
(4)
Accurate location by lot, block, tract, street address, a location
map or other similar information;
(5)
A contour map showing the present contours of the land and the proposed
contours of the land after completion of the proposed grading, at
two-foot intervals, where the average slope is 10% or less and at
five-foot intervals where the average slope exceeds 10%;
(6)
Cross sections of the proposed cut or fill on fifty-foot intervals
which show the method of benching, both cut and/or fill, provided
that there are not less than two cross sections for each site;
(7)
A plot plan showing the location of the grading boundaries, lot lines,
neighboring streets or ways, buildings, surface and subsurface utilities
and waterways, drainage patterns and sufficient dimensions and other
data to show all work;
(8)
A description of the type and classification of the soil from the
soil survey, other standard surveys or other methods;
(9)
Details and location of any proposed drainage, stormwater management
structures and pipes, walls and cribbing;
(10)
Seeding locations and schedules, debris basins and diversion
channels;
(11)
The nature of fill material and such other information as the
Administrator may require to carry out the purposes of this chapter;
and
(12)
The name and seal of the professional engineer who prepared
such plans, except that the Administrator may waive the preparation
or approval and signature by the professional engineer, an architect
or a landscape architect, only when it is self-evident that the proposed
work is simple, clearly shown on the plans submitted, creates no potential
nuisance to the adjacent property or hazardous conditions and does
not include the construction of a fill on landslide-prone soils or
soils upon which a structure may be erected.
C.
A soil conservation report shall be required and shall include an
existing site description of the topography, drainage, cover and soils,
major problems such as soil limitations, erosion and sediment potential
and surface runoff changes, and recommendations to minimize soil limitations,
erosion and sediment and surface water disposal problems.
D.
Trees and natural ground cover shall be retained wherever possible
to minimize the impact of the development on the site and environment.
E.
Provisions of the subdivision regulations are incorporated herein
by reference.
An approved site plan, an approved subdivision plan and/or a
building permit are prerequisite to the granting of any grading permit.
In the event that the applicant will move or grade an area of
more than 30,000 square feet or grade more than 10,000 cubic yards,
a formal agreement may be required by Council. Such agreement shall
be prepared by the applicant at his or her own cost and expense and
shall be approved as to form by the Borough Solicitor. The agreement
may be made part of and incorporated in a developer's agreement
as required by the subdivision regulations.
Every grading permit shall expire and become null and void if
the work authorized by such permit has not been commenced within six
months or is not completed within one year from the date of issuance
of such permit. However, the Administrator may, if the permit holder
presents satisfactory evidence that unusual difficulties have prevented
work from being started or completed within the specified time limits,
grant a reasonable extension of time, provided that the application
for the extension of time is made before the date of expiration of
the permit.
A.
If the Administrator determines that the 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 property,
streets or alleys or create hazardous conditions, the Administrator
shall consider, among other relevant factors, the following: possible
saturation by rains, earth movements, surface water runoff and subsurface
conditions such as the stratification and faulting of rock, aquifers,
mine conditions, springs and the nature and type of the soil or rock.
B.
Any person who is aggrieved by the application of the provisions
of this chapter may, within 15 days from the date of the denial of
the permit or such other adverse determination by the Administrator,
file a written appeal therefrom to Council. Council shall grant a
hearing upon such an appeal within 30 days after the receipt of the
written appeal.
C.
If any appeal is taken from the issuance of a building permit where
a grading permit has also been issued, and if such appeal, pursuant
to the provisions of the Zoning Code, operates as a stay of all proceedings
under any such building permit, then such appeal shall also operate
to stay all proceedings under any such grading permit.
A.
The Administrator shall make the inspections required by this section
and shall either approve that portion of the work which has been completed
or notify the permit holder as to how the same fails to comply with
provisions of this chapter.
B.
Grading and drainage plans approved by the Administrator shall be
maintained at the site during the progress of the grading and drainage
and until the work has been approved.
C.
The permit holder shall submit to the Administrator an as-built drawing
of the project before the issuance of a grading certificate of completion.
D.
The permit holder shall notify the Administrator in order to obtain
inspections in accordance with the following schedule, and such notification
shall be made by the permit holder at least 24 hours before the inspection
is to be made:
(1)
Initial inspection, when the work is about to be commenced and stake
out is completed;
(2)
Rough grading, when all rough grading has been completed;
(4)
Additional inspection, when, in the opinion of the Administrator,
other inspections are necessary; and
(5)
Final inspection, when all work, including the installation of all
drainage, landscaping and other structures, has been completed.
E.
If, at any stage of the work, the Administrator determines by inspection
that the nature of the excavation or fills is such that further work
as authorized by an existing permit is likely to endanger any property,
streets or alleys, 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
acceptable to avoid such likelihood of danger.
Any physical changes from the original plan uncovered in the
site during the construction, such as surface water drainage, soil
and bedrock dislocations, alteration of groundwater discharge or any
other natural or man-made modification, which would tend to undermine
the basis upon which the permit was issued, must be immediately reported
to the Administrator by the permit holder. If the circumstances dictate,
the Administrator shall revoke the permit or otherwise modify the
conditions upon which the permit was initially issued.
A.
At the time of application, the applicant shall pay an application
review fee to cover the Borough's cost of reviewing application
documents. Any additional charges incurred by the Borough to review
the application of an excavation permit shall be borne by the applicant.
Any application fees not expended by the Borough shall be returned
to the applicant within a reasonable period of time.
B.
Fees for review of applications and inspections of regular grading
permits shall be in accordance with the following schedule:
|
50 cubic yards or less
|
$20
| |
|
51 to 100 cubic yards
|
$30
| |
|
101 to 1,000 cubic yards
|
$90
| |
|
1,001 to 5,000 cubic yards
|
$200
|
C.
Fees for review of applications and inspections of engineered grading
permits shall be in accordance with the following schedule:
(1)
A plan checking fee shall be charged as follows:
|
5,000 to 10,000 cubic yards
|
$200
| |
|
10,001 to 100,000 cubic yards
|
$250
| |
|
Over 100,000 cubic yards
|
$400
|
(2)
An inspection fee equal to 2% of the total estimated cost of the
grading work, control facilities and landscaping shall be collected
by the Administrator prior to the issuance of a grading permit. A
minimum fee of $50 shall be charged. Inspection costs incurred by
the Borough in excess of the initial fee collected shall be paid for
by the applicant prior to final inspection of the work.
D.
The plan checking fee for an amendment to a grading permit authorizing
work in addition to that which is authorized under a valid permit
shall be the difference between such fee paid for the original permit
and the fee required for the entire project. However, a minimum fee
of $20 shall be charged.
E.
Should the work require the use or occupancy of Borough streets for
access by heavy construction equipment or for hauling of spoil or
borrow material, a separate bond shall be required to guarantee the
repair of pavements, curbs and sidewalks damaged during the grading
operation.
F.
As a condition of approval of an engineered grading application under
this chapter, the applicant shall post a cash or performance bond
or other security acceptable to the Borough in the amount of 50% of
the estimated cost to perform the work. The cost estimate shall include
the complete scope of work needed to be performed by the applicant
to comply with this chapter, shall be prepared and certified by the
applicant's engineer or architect and shall be accepted as reasonable
by the Administrator. The Administrator shall be the final arbiter
as to the reasonableness of any cost estimates.
G.
Upon completion of the work on an engineered grading permit, a maintenance bond in the amount of 15% of the estimated cost as determined in Subsection F hereof shall be posted (payable to Green Tree Borough) for a period of 18 months.
H.
No bond shall be required if another bond or approved security is
posted for construction and/or site improvements, which bond or security
already covers the cost of grading and other control facilities.
If, upon final inspection of the site for which a permit has
been issued, 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.
A.
The owner of any property on which an excavation or fill has been
made shall maintain such excavation or fill in good condition and
repair and also all retaining walls, cribbing, drainage structures,
fences, ground cover and other protective devices as may be a part
of the permit requirements.
B.
The continued use of such area shall be contingent upon the proper
maintenance and upkeep of all the previously mentioned items satisfactory
to the Borough and subject to such further conditions as the Borough
may prescribe from time to time to keep the site in proper condition.
C.
The grading certificate of completion may be revoked by Council at
any time upon the recommendation of the Administrator where the conditions
of the permit are not being observed, the work covered by the permit
has been materially extended or altered without a permit to do so,
or conditions exist which prejudice the health, safety and welfare
of any person or property. Before such revocation, the Administrator
shall first give written notice to the permit holder and to the owner
of the property involved, specifying the defect or unsatisfactory
condition in question and advising such persons that, unless such
defect or unsatisfactory condition is remedied, the certificate shall
be revoked. If the defect or unsatisfactory condition is remedied
within 30 days of notice to the permit holder to correct the same,
the certificate shall not be revoked.
D.
If the permit holder fails to correct such defect or unsatisfactory
condition within such thirty-day period, the Borough may undertake
the necessary work, and the costs thereof shall be borne by the permit
holder and collected in any manner authorized by law, including the
imposition of a lien against the property.
A.
Whenever the Administrator determines that any existing excavation,
embankment or fill has become a hazard, as defined in this chapter,
the owner of the property upon which the grading is located, or other
person or agent in control of such property, upon receipt of notice
in writing from the Administrator, shall, within the time specified
in such notice, repair, reconstruct or remove such excavation, embankment
or fill so as to eliminate the hazard.
B.
If the permit holder fails to correct such hazardous or unsatisfactory
condition within the specified time period, the Borough may undertake
the necessary work, and the costs thereof shall be borne by the permit
holder and collected in any manner authorized by law, including the
imposition of a lien against the property.
C.
Any excavation not completed within 180 days from the date of initial
grading shall constitute a nuisance and a hazard.
D.
The property owner shall restore, repair, reconstruct or remove such
excavation, embankment or fill as directed by the Administrator within
30 days of receipt of such written notice.
The following general working conditions will apply to all grading
sites.
A.
Dust control. During grading operations, acceptable measures for
dust control shall be taken.
B.
Protection of public facilities. All public utilities and roadways
shall be protected in the design of and during the grading operation.
Construction equipment shall not be operated on public streets without
the placement of protective mats. Hard-surfaced driveway or roadway
surfaces shall be provided to prevent tracking of dirt and mud onto
the public streets.
C.
Cleanup. All soil washed or carried onto public streets during grading
operations shall be cleaned up as it accumulates. The owner of the
property being graded shall be responsible to protect and clean up
lower properties of silt and debris which have washed down into the
lower properties as a result of the grading work on the higher property.
D.
Work days. None of the work or activity covered by a grading permit
shall be conducted on a Sunday or legal holiday without the approval
of Council.
E.
Work hours. All of the work and activity covered by a grading permit
shall be conducted between the hours of 7:00 a.m. and 6:00 p.m., unless
these time limits are extended, excused or otherwise modified by Council.
[Amended 5-2-2005 by Ord. No. 1523]
A.
Live stream crossings. Grading equipment shall not be allowed to
cross live streams. No permanent or temporary stream crossing or enclosure
will be permitted without the applicant first obtaining all necessary
permits from the DEP prior to the start of construction.
B.
Excessive slopes. Grading on excessive slopes shall be avoided so
as to minimize erosion and storm runoff, to protect watersheds, to
discourage erosion of soils by maintaining adequate foliage cover
and to promote the perpetuation of open space on hillsides. The areas
considered to have excessive slope may be revised or modified by Council
where studies or information provided by a qualified agency or person
documents the need or possibility for such revision.
A.
All topsoil shall be removed from the area to be graded and stockpiled
and preserved for possible reuse on the site. Where possible, topsoil
shall be stockpiled upslope of the grading operation.
B.
Maximum slope steepness of a cut shall be no greater than two horizontal
to one vertical for minimizing erosion and landslide hazards. However,
a governmental review agency, professional engineer, soils engineer
or engineering geologist may determine the types of soil on the sites
to be graded from the soil survey, geological surveys or core borings.
Maximum slopes can then be determined as follows:
(1)
Landslide-prone soils or unstable rock formations where existing
slopes are greater than 25% shall have proposed cut slopes no steeper
than three horizontal to one vertical.
(2)
Landslide-prone soils where existing slopes are less than 25% shall
have proposed cut slopes no steeper than two horizontal to one vertical.
(3)
Soils which are not, or have a low probability of being, landslide-prone
shall have a slope no steeper than 1 1/2 horizontal to one vertical.
C.
Cut slopes of up to one horizontal to one vertical may be allowed
under a grading permit, provided that two or more of the following
conditions are satisfied:
(1)
The material in which the excavation is made is sufficiently stable
to sustain a slope steeper than the slope specified previously for
recognized soil conditions on the site. An acceptable geological report,
signed and sealed by a soils engineer, certifying that the steeper
slope will have sufficient stability and that it will not endanger
any property or result in property damage and that creation of a hazard
will be minimal, shall be submitted to and may be approved by the
Administrator.
(2)
A retaining wall or other approved support, designed by a professional
engineer and approved by the Administrator, is provided to support
the face of the excavation or to provide a fall zone at rock-faced
slopes.
(3)
The proposed slopes are demonstrated on a site plan, which is presented
to the Planning Commission and Council, to be absolutely necessary
to permit the reasonable development of the site, subject to other
requirements of this section.
D.
The Administrator may require that the excavation be designed so
that a line having a slope of 1 1/2 horizontal to one vertical,
measured from the bottom of the cut slope, will be entirely inside
the property lines of the property on which the excavation is made,
if conditions exist which, under applicable engineering practice,
would cause the excavation to be deemed to be unstable or unsafe.
E.
The Administrator may require an excavation to be made with a cut
slope flatter than those specified previously if he finds the material
in which the excavation is to be made is subject to erosion or is
prone to landslides or if other conditions exist which, under applicable
engineering practices, make such flatter cut slope necessary for stability
and safety.
F.
Excavations adjacent to any footing, foundations or structure shall
not extend below the minimum angle of repose or natural slope of the
soil under the nearest point of the same unless such footing, foundation
or structure is first properly underpinned or otherwise protected
against settlement. Before commencing any excavation which will affect
physically in any way an adjoining property or structures thereon,
the permit holder shall notify, in writing, the owners of the adjoining
property or structures not less than 30 days before such excavation
is to be made, informing them that excavation is planned. A copy of
such notice shall be submitted to the Administrator. Adjoining properties
and structures shall be protected as provided in the building code
and/or as required by the Administrator.
G.
The top or bottom edge of final slopes shall normally set back five
feet from adjacent property lines or street right-of-way lines in
order to permit the normal rounding of the edge without encroaching
on the abutting property.
[Amended 5-2-2005 by Ord. No. 1532]
A.
No person shall store, handle or use any explosive in the Borough
without first obtaining a special permit therefor from the Administrator.
The Administrator shall have the authority to impose reasonable regulations
and restrictions upon the storage, handling and use of explosives.
Any violation of any regulation or requirement imposed by the Administrator
or imposed under any provision of this chapter shall be grounds for
the revocation of any permit theretofore issued.
B.
All blasting which is conducted in the Borough shall be in conformity with state requirements and shall be in compliance with the Pennsylvania Code, Title 25, Part I Subpart D, Article IV, entitled Occupational Health and Safety, Chapter 210, Use of Explosives, as amended.
C.
The Administrator shall be notified at least 24 hours prior to any
blasting.
A.
All topsoil shall be removed from the area to be graded and stockpiled
and preserved for possible reuse on the site. Where practical, topsoil
shall be stockpiled upslope of the grading operation.
B.
The site shall be prepared by cutting toe benches and other keyways
so as to provide a firm base on which to place the fill. No fill or
embankment shall be made on landslide-prone soils without adequate
engineered preparation and drainage of the area to be filled.
C.
No fill shall be made which creates any exposed surface steeper in
slope than two horizontal to one vertical, except under one or more
of the following conditions:
(1)
The fill, in the judgment of the Administrator, is located so that
settlement, sliding or erosion of the fill material will not result
in property damage or be a hazard to adjoining property, streets,
alleys, buildings, storm drains or drainageways.
(2)
A soils capability and geological report, signed and sealed by a
professional engineer experienced in erosion control and soils analysis,
certifying that he has inspected the site, that the proposed deviation
from the slope specified previously will not endanger any property
or result in property damage and that creation of a hazard will be
minimal, shall be submitted to and may be approved by the Administrator.
D.
The Administrator may require that an embankment or fill be constructed
with an exposed surface flatter than two horizontal to one vertical
if he finds that under the particular conditions such flatter surface
is necessary for stability and safety.
E.
Fills, embankments and finish grading shall be designed in accordance
with the following:
(1)
Where fills are located so that earth movement may result in personal
injury or damage to adjacent property, streets, alleys or buildings,
the bearing value and stability of the material under proposed fills
and embankments shall be determined by subsurface investigation performed
by a soils engineer or engineering geologist.
(2)
The type of fill material available in each stage of the grading
operation shall be determined in order to plan proper filling procedures.
(a)
Rock may be incorporated in fills and embankments but only in
layers 24 inches thick, maximum, as per the latest edition of Pennsylvania
Department of Transportation Specifications Publication 408, with
voids filled and a blanket of compacted fill separating one layer
of rock from the next. Rock fill shall not be placed near the bottom
of proposed foundations, building caissons and subsurface utility
installations. Suitable earth shall be reserved or provided to cover
rock fill under proposed seeded or planted areas.
(b)
No unsuitable material, such as coal, boney, red-dog, expansive
shale and cinders, shall be placed in fill areas.
(c)
Wood or other solid waste material shall not be placed in fill
areas.
(3)
No fill of any kind shall be placed over topsoil, trees, stumps or
other material which would create a nuisance, potential fire hazard
or sanitation problem which would attract rodents, termites or other
pests.
(4)
On major fills or embankments, a toe bench shall be constructed below
mantle on bedrock under the toe of fill.
(5)
Benching of the existing surface shall be required and indicated
on the cross sections.
(6)
A porous drain shall be installed on the bottom and back wall of
the toe bench, together with a drain pipe and suitable discharge pipe
to the existing nonerosive surface beyond and below the toe of the
proposed fill.
(7)
Overfilling of slopes is desirable to permit final shaping of the
surface to proposed grade without the addition of loose fill over
the surface of the slope, provided that no fill shall be higher than
10 feet vertically before the slope is shaped to proper grade.
(8)
At the end of each workday, the horizontal surface of the fill shall
be shaped, compacted and rolled to provide for drainage.
(9)
All fills shall be compacted to provide stability of materials and
to prevent undesirable settlement. The fill (excepting rock) shall
be spread in a series of layers, each not exceeding 12 inches in thickness,
and shall be compacted by a sheep's-foot roller or other approved
method after each layer is spread. Fill shall be placed at the optimum
moisture content for the specified degree of compaction. The Administrator
may require tests or other information if, in his opinion, the conditions
or materials are such that additional information is needed. Where
fills are to have streets, structures or public utilities placed in
or on them, a modified proctor density of 95% shall be achieved (ASTM
test designation D 1557).
(10)
The top or bottom edge of final slopes shall be set back five
feet from adjacent property lines or street right-of-way lines in
order to permit the normal rounding of the edge without encroaching
on the abutting property or street and to allow for location of proper
drainage facilities and protective devices.
[Amended 5-2-2005 by Ord. No. 1523]
A.
All grading activities shall follow the requirements of Title 25,
Part I, Subpart C, Article II, Chapter 102, Erosion and Sediment Control,
of the Pennsylvania Code, as amended. All permits required for the
proposed grading under Chapter 102 must be obtained prior to the start
of construction.
B.
If no permit is required under Chapter 102 for the proposed grading,
an erosion and sediment pollution control plan shall be submitted
to the Administrator for review and approval prior to the issuance
of a grading permit.
A.
In order to prevent erosion, the permit holder shall be required
to provide adequate ground covering of such kind and character as
may be approved by the Administrator.
B.
For slopes steeper than three horizontal to one vertical, the ground
covering shall be an approved variety of erosion-resistant vegetation.
C.
The completion of finish grading should be done during a season of
the year when turf or ground cover can best be established.
A.
If a retaining wall is constructed to satisfy a requirement of this
chapter, a building permit shall not be required. The grading permit
shall include the retaining wall, and the requirements for approvals
and inspections provided in this chapter shall be complied with.
B.
Retaining walls shall be designed and constructed in accordance with
sound engineering practice. The plans submitted for approval shall
bear the seal and signature of a professional engineer.
C.
The backfilling of retaining walls and the construction of subterranean
drainage facilities shall be done in accordance with sound engineering
practice.
D.
In general, where a wall is replacing an exposed slope, the vertical
face of the wall shall be at least three feet back from the adjoining
property. This requirement may be waived by the Administrator if it
can be satisfactorily demonstrated that such an exception is necessary
to ensure normal use of the property. This requirement may also be
waived when the proposed retaining wall is a joint venture between
adjacent property owners, and documents evidencing the same are filed
with the application for the permit.
E.
A fence not less than four feet in height, of a design approved by
the Administrator and meeting requirements of the Zoning Code, shall
be placed at the top of all new cuts and fills made when the cuts
or fill slopes are steeper than two horizontal to one vertical.
[Amended 5-2-2005 by Ord. No. 1523]
A.
Adequate provisions shall be made to prevent surface water from damaging
the cut face of excavations and/or the sloping surface of fills and/or
adjacent properties. Interception and diversion facilities for stormwater
and surface water runoff, both above and below the cut and fill slope
areas during and after construction, shall be included in the design.
All drainage facilities shall be designed in accordance with the Borough's
stormwater management ordinance[1] and DEP NPDES requirements.
B.
The drainage pattern prior to construction shall be indicated on
the plans. Adequate measures shall be taken to prevent any erosion
and water runoff damage to adjacent properties during the construction
and after completion of construction.
C.
Storm sewers, catch basins, drainage ditches and swales necessary
to protect adjacent properties, whether they are permanent or temporary
in nature, shall be constructed before any excavation or filling is
started. The storm sewers, catch basins, drainage ditches and swales
shall be maintained, cleaned, cleared and open during construction.
If this subsection is not complied with, the Administrator shall stop
all clearing and grading on the site until the necessary drainage
facilities are completed, or the permit will be revoked and the required
bond forfeited.
D.
New storm sewers and utilities traversing a proposed fill area shall
be buried a minimum of three feet from the top of the pipe to the
proposed grade. Fill shall be constructed in that area prior to installation
of such sewers and utilities. The minimum size storm sewer, exclusive
of toe or bench drains, shall be 15 inches in diameter unless a variation
in size is approved by the Administrator. All storm sewers located
within public property or rights-of-way shall be reinforced concrete
pipe.
E.
Slopes steeper than two horizontal to one vertical and of more than
20 feet in vertical height shall be separated by a level berm of at
least 10 feet in width at intervals of no more than 20 feet vertically
if the slope is potentially hazardous due to easily erosive material.
F.
On slopes of two horizontal to one vertical or less steep, the ten-foot
level berms shall not be required unless deemed necessary by the Administrator.
G.
Drainage ditches with a grade of 5% or greater shall be paved with
concrete, bituminous mixture, brick, half pipe, rubble or other hard
nonerodable material.
H.
Drainage ditches with a grade of less than 5% shall be grassed and
sloped in such a manner that they can be conveniently cut and maintained.
I.
Drainage structures, storm sewers, detention ponds, sedimentation
ponds and appurtenances shall be of proper design and so constructed
as to carry surface water and any subsurface water encountered to
the nearest practical storm drain or natural watercourse approved
by the Administrator as a safe place to deposit and receive such waters.
Approval by the Administrator in no way relieves the owner of his
legal responsibilities to adjacent property owners. The owner shall
also comply with all state laws and regulations dealing with enclosing
or discharging into existing streams, channels or storm sewers.
J.
As a guide for the prevention of erosion and sediment pollution,
grading plans shall follow the methods and recommendations outlined
in the DEP Erosion and Sediment Pollution Control Program Manual,
latest edition.
K.
No rock fill shall be placed around or over storm sewers or drainage
facilities other than that designed as part of the site drainage facilities.
A.
Neither the issuance of a permit under the provisions of this chapter
nor compliance with such provisions or with any condition imposed
by the Administrator under this chapter shall relieve any permit holder
from any responsibility for damage to persons or property resulting
therefrom or as otherwise imposed by law, nor impose any liability
upon the Borough, its employees and its consultants for damage to
persons or property.
B.
The permit holder shall be fully responsible for any noncompliance
with approved plans. He shall carry the responsibility both for his
own employees and for all subcontractors from the first day of grading
until released by the Borough. The use of qualified personnel experienced
and knowledgeable in the practice of excavation and landscape restoration
shall be required.
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.
When notice of any violation of or noncompliance with any of
the provisions of this chapter has been given by the Administrator,
such violation shall be discontinued immediately or within a reasonable
time limit specified in such notice. If such 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 any
other applicable penalty provided in this chapter.
In case any work is performed by any person in violation of
any of the provisions of this chapter, the proper officers of the
Borough, in addition to other remedies, may institute in the name
of the Borough an appropriate action or proceeding, whether by legal
process or otherwise, to prevent such unlawful work and to restrain
or abate such violation.
If any work or conduct of any landowner or agent of the landowner
is in violation of applicable Pennsylvania statutes or regulations,
the Administrator may seek the remedies and penalties provided therefor
under such statutes or regulations in addition to the penalties and
remedies provided in this chapter.
