Wherever used in this chapter, the following words shall have
the meaning indicated:
ADMINISTRATOR
The person qualified and officially appointed by the Borough
Council to manage this chapter.
BEDROCK
Natural rock layer, hard or soft, in place at ground surface
or beneath unconsolidated surface deposits.
DRILL
To penetrate the surface of the earth with any implement
whatsoever for the purpose locating, testing or removing natural gas;
it shall include any activity in manner of drilling, taking cores,
taking samples or penetrating the surface of the earth to remove something
or test for the presence of natural gas beneath the surface of the
earth. It shall not include drilling for water or taking geological
core samples.
ENGINEER GEOLOGIST
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 and geology.
ENGINEER, PROFESSIONAL
A person licensed by the commonwealth to practice engineering
and who is knowledgeable in the branch of civil engineering.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity, including those processes as gravitational
creep.
EXCAVATION
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 shall include the conditions resulting
therefrom.
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.
GRADING
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.
PERSON
A natural person but shall, also include a partnership, corporation,
trust or association or any other legal entity.
SITE
Lot, tract, or parcel of land, or a series of lots, tracts,
or parcels of land which are adjoining where grading work is continuous
and performed at the same time.
SOIL SURVEY
The unpublished and operational soil survey for Allegheny
County, Pennsylvania and the accompanying text, "Soil Survey Interpretations
of Allegheny County, Pennsylvania," as prepared by the USDA Soil Conservation
Service et al. When, applicable, "Soil Survey" shall mean "Soil Survey,
Allegheny County, Pennsylvania," when this publication is completed.
SOILS ENGINEER
A person registered by the commonwealth as a professional
engineer and who has training and experience in the branch of soils
engineering.
SOLID WASTE
All parts or combinations of ashes, garbage, refuse, radioactive
material, combustible and demolition materials and industrial wastes
such as food-processing wastes, wood, plastic, metal scrap, etc.
A grading permit will not be required for any of the following
situations:
A. Grading is limited to mining, quarrying or stockpiling of coal, rock,
sand, aggregate or clay that satisfy requirements of regulations of
the commonwealth.
B. Grading is limited to solid waste disposal areas or sanitary landfills
operated in accordance with the requirements, rules and ordinances
adopted by the Pennsylvania Department of Environmental Protection
and the Allegheny County Department of Health.
C. Excavation does not exceed three feet in vertical depth of material
removed or added, nor 700 square feet in area excavated.
D. Excavation that does not exceed five feet in vertical depth, does
not result in a 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 Soil Survey or better source as containing
landslide-prone soils. Better sources recognizing landslide-prone
soil areas may be the Pennsylvania Bureau of Topographic and Geologic
Survey, a professional engineer experienced in geology or an engineering
geologist.
E. Excavation that does not exceed 10 feet in vertical depth, does not
result in a cut or fill slope steeper than three horizontal to one
vertical and does not exceed an area of 5,000 square feet in areas
of soils not recognized by the Soil Survey or better as landslide-prone.
F. Fill amount does not exceed 500 cubic yards on any one site.
G. Fill does not exceed 10 feet in vertical depth at its deepest point
measured from the top of that fill to the natural ground surface,
the area of fill does not exceed 5,000 square feet and the slope of
fill is not steeper than three horizontal to one vertical.
H. Grading does not exceed new construction authorized by a building
permit properly issued by the Borough. Grading under the authorization
of a building permit should follow the standards and requirements
of this chapter.
I. Soil excavated under the authorization of a building permit properly
issued by the Borough is temporarily stockpiled on the same site as
excavation; provided, however, that if the material from that excavation
is thereafter to be used for fill purposes for which a grading permit
is required, the permit must be obtained prior to that use in accordance
with the requirements of this chapter. In addition, if excavated material
is stockpiled on a site for a period of longer than 20 days, then
a permit shall be necessary when disposing of the fill material.
J. Where the Administrator determines the excavation to be so minor
that a permit is unnecessary.
Before issuance of a grading permit, the applicant shall post
a bond, corporate surety, or other approved security in the amount
of 10% of the estimated cost of the grading work and erosion control
facilities proposed for the permit to guarantee the work and facilities
in a satisfactory manner and meeting the requirements of this chapter.
No bond shall be required if another bond or other approved security
is posted for construction and/or site improvements. When all requirements
of this permit have been met and the work has been completed in a
satisfactory manner, the full amount of security shall be returned
to the person posting the security.
Every grading permit shall expire by limitation and become null
and void if the work authorized by that permit has not been commenced
within six months or is not completed within one year from the date
of issue, provided that the Borough, acting upon the recommendation
of the Administrator may, if the permit holder presents satisfactory
evidence that unusual difficulties have prevented work 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. Any physical changes in the site, such as surface water drainage,
soil and bedrock dislocations, alteration of ground-water discharge
or any other natural or man-made modification which would cause a
doubt to be cast upon the feasibility of the contents of the original
permit approval, must be reported to the Administrator in the intervening
period between approval of permit and completion of the project.
Guidelines for minimizing erosion and sediment in the "Erosion
and Sediment Control Handbook for Allegheny County, Pennsylvania"
should be followed. One or a combination of guidelines should be used
to minimize hazard, depending on site conditions and proposed grading.
However, the administrator may approve grading plans not meeting guidelines
of the handbook if proposed grading will not constitute a hazard.
Governmental and/or engineering reports should be used as evidence
that proposed grading will not constitute a hazard.
Neither the issuance of a permit under the provisions of this
chapter, nor the compliance with the provisions hereto or with any
condition imposed by the Administrator hereunder, shall relieve any
person from any responsibility for damage to persons or property resulting
therefrom, or as otherwise imposed by law, nor impose any liability
upon the Borough for damages to persons or property.
In case any work is performed by any person in violation of
any person in violation of any provision 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
that violation.