[HISTORY: Adopted by the Borough Council of the Borough of Clifton Heights 7-14-1977 by Ord. No. 548 (Ch. 9, Part 1, of the 1988 Code of Ordinances). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Clifton Heights Borough Grading, Drainage and Erosion Control of Land Ordinance."
The purpose of this chapter is to regulate the modification of the natural terrain, the alteration of drainage and the maintenance of artificial structures and surfaces within the Borough of Clifton Heights so as to assure and safeguard the health, safety, morals and general welfare of the citizens of the Borough of Clifton Heights.
Permit required to alter land. It shall be unlawful for any person, firm or corporation to pave, fill, strip, grade or regrade any land within the Borough of Clifton Heights without first securing a permit as hereunder provided.
Permit required to alter flow of stormwater. It shall be unlawful for any person, firm or corporation to disturb, modify, block, divert or affect the natural overland or subsurface flow of stormwater within the Borough of Clifton Heights without first securing a permit as hereunder provided.
Permit required for installation affecting drainage of premises. It shall be unlawful for any person, firm or corporation to construct, erect or install any drainage dam, ditch, culvert, drainpipe, bridge or any other structure or obstruction affecting the drainage of any premises in the Borough of Clifton Heights without first securing a permit as hereunder provided.
Written application for permit required. Any person, firm or corporation proposing to engage in an activity requiring a permit shall apply for a permit by written application on a form furnished by the Borough of Clifton Heights.
Required maps and diagrams. The application for a permit shall be accompanied by a map or diagram of the property showing the location of all present and proposed ditches, streams, pipes and other drainage structures, and cuts or fills. In addition to showing elevations, dimensions, location and extent of all proposed grading and/or drainage, the plans shall clearly indicate all buildings, parking areas and driveways. Further, the application shall indicate the present and the proposed sources, storage and dispositions of water being channeled through or across the premises, together with elevation, gradients and maximum flow rates. The application shall describe the work to be performed, the materials to be used and the manner or method of performance, including provisions for protecting and maintaining existing drainage facilities in the Borough of Clifton Heights, whether on public or private property. If load-bearing fill is proposed, a soils investigation report shall be submitted which shall consist of test borings, laboratory testings and engineering analyses, to correlate surface and subsurface conditions with the proposed rating plan. The results of the investigation shall be presented in a report by a soil engineer, which shall include data regarding the nature, distribution and supporting ability of existing soils and rock on the site, conclusions and recommendations for grading requirements and erosion control, and recommendations to insure stable soil conditions and groundwater control as applicable. The Borough may require such supplemental reports and data as it deems necessary. Recommendations included in such reports and approved by the Borough shall be incorporated in the plans or specifications.
Fees. The application for a permit to grade shall be accompanied by a permit fee as established from time to time by the Borough Council for the first acre of land. If more than one acre is graded, as described in this chapter, an additional fee as established from time to time by the Borough Council shall be charged for each acre graded in excess of the first acre.
Bonding requirements. All applicants for a permit involving an area greater than 1/2 acre shall, before any permit is granted, post a bond with the Borough of Clifton Heights in the sum of at least $10,000 (the exact sum to be determined by the Borough Engineer), with corporate surety to be approved by the Borough Solicitor, the conditions of which shall be a full and complete compliance with this chapter and all terms of the permit.
Building Inspector to issue permit upon approval. Upon the submission of an application which conforms to the provisions of this chapter, the Borough Building Inspector, after consultation with the approval of the Borough Engineer, if deemed necessary, shall issue the necessary permit.
Liability of permittee. Notwithstanding any provision of this chapter or any condition of the permit, the permittee is responsible for the prevention of damage to other property, or personal injury, which may be affected by the activity requiring a permit.
Protection of adjoining property. No person, firm or corporation shall modify, fill, excavate or regrade land in any manner so close to a property line as to endanger or damage any adjoining public street, sidewalk, alley or any other public or private property without supporting and protecting such property from settling, cracking, erosion, sediment or other physical damage or personal injury which might result.
Deposit of debris forbidden. No person, firm or corporation shall deposit or place any debris or any other material whatsoever, or cause such to be thrown or placed, in any drainage ditch or drainage structure in such a manner as to obstruct free flow.
Maintenance of drainage facilities. No person, firm or corporation shall fail to adequately maintain in good operating order any drainage facility on his premises. All drainage ditches, culverts, drainpipes and drainage structures shall be kept open and free-flowing at all times.
Maintenance of drainage structures. The owner of any property on which any work has been made pursuant to a permit granted under the provisions of this chapter shall continuously maintain and repair all graded surfaces and anti-erosion devices, retaining walls, drainage structures or means and other protective devices, plantings and ground cover installed or completed.
Erosion control. All plans and specifications accompanying applications for permits shall include provisions for both interim (temporary) and ultimate (permanent) erosion and sediment control.
The design, installation and maintenance of erosion and sediment control measures shall be accomplished in accordance with guidelines as may be established, from time to time, by the United States Department of Agriculture, Natural Resources Conservation Service.
All graded surfaces shall be seeded, sodded and/or planted or otherwise protected from erosion as soon as practicable and shall be watered, tended and maintained until growth is well established at time of completion and final inspection.
Natural or existing slopes; filling. Natural and/or existing slopes exceeding five horizontal to one vertical shall be benched or continuously stepped into competent materials prior to placing all classes of fill.
Fill restrictions. Fills toeing out on natural slopes steeper than four horizontal to one vertical shall not be made unless approved by the Borough after receipt of a report deemed acceptable by the Borough Engineer by a soil engineer certifying that he has investigated the property, made soil tests and that, in his opinion, such steeper slopes will safely support the proposed fill.
Removal of trees. All trees in areas of grade change shall be removed unless protected with suitable tree wells.
Stormwater runoff. The following provisions apply to the carrying and disposal of stormwater runoff:
All drainage facilities shall be designed, in the most practicable fashion, to carry surface water in such a manner as to prevent erosion, overflow or ponding.
The ponding of water shall not be permitted above cut or fill slopes or on drainage terraces, nor shall water be impounded on adjacent property. Adequate drainage facilities shall be provided to prevent such ponding.
The applicant shall make adequate provisions to prevent any surface waters from damaging the face of any excavation or fill. All slopes shall be temporarily and permanently protected from surface water runoff from above by interceptor and diversion berms, swale, brow or berm ditches, and shall be sodded and planted, unless the Borough determines such treatment is unnecessary and specifically waives this requirement.
All drainage terraces, interceptor and diversion berms, swales and brow or berm ditches shall be designed and constructed and, when required by the Borough Engineer, shall be piped or paved or otherwise improved to the satisfaction of the Borough.
Dust control. When required, adequate provisions shall be made for dust control measures as are deemed acceptable by the Borough.
Easements. When required, the applicant shall agree to the granting and recording of easements for drainage facilities, including acceptance of the discharge of water on the property of others, provisions for maintenance of slopes and swales, and access for the maintenance of anti-erosion facilities.
Inspection requirements: 10 or fewer single-family residences. The applicant, in any activity requiring a permit and which involves 10 or fewer single-family residences, after commencing initial operation, shall request inspection by the Borough Engineer:
Upon completion of stripping, the stockpiling of topsoil and disposal of all unsuitable material, but prior to beginning any other preparation of the ground.
Upon completion of preparation of ground to receive fill, but prior to beginning any placement.
Upon completion of rough grading, but prior to placing topsoil, permanent drainage or other site development improvements and ground covers.
Upon completion of final grading, permanent drainage, and erosion control facilities, including established ground covers and planting, and all other work of the permit.
Inspection requirements: other. The applicant, in all other cases other than that referred to in Subsection A, after commencing initial operations, shall request inspections by the Borough Engineer at the following stages in the development of the site, or of each subdivision thereof:
Prior to commencement of grading operations to determine suitability of all proposed fill materials.
Upon completion of stripping, the stockpiling of topsoil and disposal of all unsuitable material, but prior to beginning or any other preparation of the ground.
Upon completion of preparation of ground to receive fill, but prior to beginning or placement, an inspection of proof rolling.
Upon completing of structural fill, placement such that the following earth fill procedures are assured:
Prior to placing fill in any area, grading should be performed as required to provide for drainage. Ditching or filling around the area should be performed to intercept or divert all surface water. Within the area on which the fill is to be placed, the ground should be graded so as to provide for unobstructed drainage from every point to some disposal point.
The area should be closely examined to determine whether excessive wetness, springs or other seepage of water can be observed. If such conditions exist, drainage must be provided before placement of fill is undertaken.
When the fill area has been prepared, as specified, the existing ground surface should be compacted by the specified method for compacting fill.
Fill should begin at the lowest section of the area. Fill should be spread in six-inch layers prior to compaction. Each layer should be approximately horizontal, but small slopes can be permitted in order to provide for surface water runoff.
Each layer of fill should be inspected prior to compaction. All roots, vegetation or debris should be removed. Stones larger than six inches in diameter should be removed or broken. The moisture content of each layer should be determined to be suitable for compaction.
The compaction of the fill should be done with a sheep's-foot roller, rubber-tired roller or a vibratory roller. Other compaction equipment should be used only after it has demonstrated that satisfactory results can be obtained with it.
Each layer of compacted fill should be tested to determine its dry density as per ASTM D-1556. The density of each layer should be not less than 95% of maximum dry density as determined by ASTM D-1557. The moisture content of the compacted layer should be not more than 4% less nor 2% greater than the optimum moisture as determined by ASTM D-1557.
Only when the compacted layer has been shown to be as specified should other layers of fill be placed above it.
Visual inspection of borrow material should be made periodically to assure that no variation in the fill material has occurred.
Upon completion of rough grading, but prior to placing topsoil, permanent drainage or other site development improvements and ground covers.
Upon completion of trench backfilling operations so that testing can be performed as specified in Subsection B(4).
Upon completion of final grading, permanent drainage and erosion control facilities, including established ground covers and planting, and all other work of the permit.
Applicants to bear costs of inspection. All applicants shall bear all costs of inspections required hereunder and, if deemed necessary by the Borough Building Inspector, shall deposit with the Borough such sum as the Borough Council shall determine to guarantee payment of the costs of such inspections. The costs of inspections shall be at the rate charged to the Borough by the Borough Engineer.
[Amended 8-15-1988 by Ord. No. 682; 9-19-1988 by Ord. No. 681]
Any person, firm or corporation violating any provisions of this chapter shall, upon summary conviction before any Magisterial District Judge, be sentenced to pay a fine not to exceed $600, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each and every day in which any person, firm or corporation shall be in violation of this chapter shall constitute a separate offense.