[HISTORY: Adopted by the Borough Council of the Borough of
Millvale at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Amendments noted where applicable.]
A.
Title. This chapter shall be known and may be cited as the "Borough
of Millvale Grading Ordinance."
B.
Purpose. The purpose of this chapter is to provide minimum standards
to safeguard persons, to protect and to 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 following words shall have
the meaning indicated:
The Borough of Millvale.
A permit issued by the Borough pursuant to the provisions
of applicable Borough of Millvale ordinances for the construction,
erection or alteration of a structure or building.
An individual licensed and registered under the laws of the
Commonwealth of Pennsylvania to engage in the practice of engineering,
assigned or appointed by the Borough of Millvale to perform the duties
required of the Engineer hereunder.
An individual licensed and registered under the laws of the
Commonwealth of Pennsylvania to engage in the practice of engineering
that prepared the proposed grading plan for the applicant.
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.
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.
The elevation of the existing ground surface at the location
of any proposed excavation or fill.
Excavation or fill or any combination thereof and shall include
the conditions resulting from any excavation or fill.
Any permit required under § 159-4 hereof.
A natural person but shall also include a partnership or
corporation and their heirs, successors and assigns.
A 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.
New grading, excavations and fills, or changes, additions, repairs
or alterations made to existing excavations and fills shall conform
to the provisions of this chapter, except that this chapter shall
not apply to:
A.
Work done in a public street or alley or in a Borough park, or Borough
property; when undertaken by the Borough Department of Public Works.
A.
When required. A grading permit shall be obtained from the Borough
after approval from the Engineer. A separate grading permit shall
be required for each site. One permit may cover the grading, excavation,
and any fill made on the same site.
(1)
A grading permit is required if any of the following conditions are
met:
(a)
An excavation or fill of 50 cubic yards or more.
(b)
An excavation or fill, four feet or more in vertical depth at
its deepest point as measured from the natural ground surface of any
slope with a surface area of 1,000 square feet.
(c)
Excavation below finished grade for basement, cellar, and/or
foundation of any aboveground structure, swimming pool or underground
structure on a lot with an average existing slope with a gradient
of 25% or more.
(d)
Grading in an easement for a public sewer, water main, storm
drain or power line.
(e)
An encroachment on or alteration of an existing drainage channel
or watercourse.
(2)
Surface mining involving 50 cubic yards or more.
(3)
Removal of trees, vegetation or other natural ground cover:
(4)
Surfacing and paving of land other than streets or ways with hard
surface or compacted nonpermeable material such as asphalt, concrete
or slag, with area in excess of 5,000 square feet.
B.
When not required. A grading permit shall not be required by virtue
for any of the following:
(1)
Grading or paving for a Borough street improvement project.
(2)
An excavation or fill made below finished grade for basements or
footings of buildings, swimming pools or underground structures for
new construction authorized by a building permit properly issued by
the Borough other than a lot with an average existing slope with a
gradient of 25% or more. The temporary stockpiling of the material
from such excavation on the same site; provided, however, that if
the material from such excavation is thereafter to be used for fill
purposes for which a grading permit is required, such permit must
be obtained prior to such use in accordance with the requirements
of this chapter. In addition, if excavated material is stockpiled
on a site for a period longer than six months, then a permit shall
be necessary for the storage of such material.
A.
Each applicant for a grading permit shall file the following information
with the Borough:
(1)
The purpose for which the grading application is filed, the intended
use of the site, and if the Borough has issued a building permit for
the site which is the subject of the application, where applicable.
(2)
State the estimated starting and completion dates of the grading
work.
(3)
Submit a plot plan showing the location of the grading, existing
and proposed contours (two-foot contour interval), property lines,
neighboring streets, ways, properties, buildings, utilities, easements,
rights-of-way, trees over eight inches caliper, and sufficient dimensions
and other data necessary to identify and locate the proposed work
site.
(4)
An engineering report prepared by a professional engineer licensed
by the Commonwealth of Pennsylvania and retained by the applicant.
The engineering report shall:
B.
This report shall include: a contour map of the site showing present
contours (two-foot contour interval) and proposed contour after completion
of grading, cross sections at fifty-foot intervals across the site,
with a minimum of three such cross-sections, calculations providing
the volume of cut and fill proposed, a geological description and
classification of the excavated materials, details and location of
any proposed drainage, structures, pipes, walls and cribbing, nature
of fill material. All plans and drawings shall be certified and submitted
in triplicate. The applicant shall also submit one copy of the plan
in digital format.
A.
The Borough's Building Inspection Office shall receive all applications
and shall collect all fees. The Building Code Official shall review
all applications and make a preliminary on-site inspection to determine
the scope of the proposed cut and/or fill and make a determination
whether, in his opinion, the proposed work would affect adjoining
properties. If, in the opinion of the Building Code Official, after
such review and on-site inspection, the proposed work is of minor
nature and scope and that the following conditions have been met:
(1)
The maximum slope of cut or fill slopes proposed do not exceed (3:1):
three feet of horizontal run to every one foot of vertical rise;
(2)
No retaining walls or slope reinforcement is proposed;
(3)
Cut or fill does not exceed eight feet in vertical depth from the
natural ground surface;
(4)
The extent of the grading does not exceed 3,000 square feet;
(5)
The volume of the proposed excavation does not exceed 500 cubic yards;
the Building Code Official may, provided that all of the other conditions
and provisions of this chapter are satisfied by the applicant, recommend
to the Borough Engineer that the building permit be issued.
B.
If, however, in the opinion of the Building Code Official, after such review and on-site inspection, the nature of the proposed cut and/or fill would affect adjoining property or if the cut and/or fill exceeds the conditions noted in Subsection A above, the Building Code Official shall transmit the application to the Engineer, who shall review the application and indicate his approval thereof. In the event of disapproval by the Engineer, the Borough shall note the reasons therefor and forward a copy of the disapproval to the applicant.
C.
Before issuance of a grading permit, the applicant shall post a bond,
with corporate surety, or other approved security, in the amount of
50% of the estimated cost of the grading work to guarantee the completion
of said work, including slope treatment, landscaping, stormwater management
and drainage required under the permit.
D.
Before issuing a grading permit, the Borough shall collect a permit
fee based upon the volume of material to be graded, as established
from time to time by resolution of the Board of Commissioners.
E.
Prior to the issuance of the grading permit, the Building Code Official
or Engineer shall collect all outstanding engineering review fees.
F.
An escrow account may be required to offset the cost of the special
inspection requirements for substantial project.
G.
Before issuing a grading permit, the applicant shall enter into a
grading permit agreement with the Borough.
H.
All permits shall be executed by the Engineer prior to issuance.
Every grading permit shall expire by limitation 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 issue; provided, that the Engineer may, if the permit holder presents
satisfactory evidence that unusual difficulties have prevented work
being 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.
A.
Wherein, in the opinion of the Engineer, the work as proposed by
the applicant is likely to endanger any property, or person, or any
street or alley, or create hazardous conditions, he shall deny the
grading permit. In determining whether the proposed work is likely
to endanger property or streets or alleys, or create hazardous conditions,
the Engineer shall give due consideration to pertinent factors including,
but not limited to: possible saturation by rains, earth movements,
runoff surface waters and subsurface conditions such as the stratification
and faulting of rock, aquifers, springs and the nature and type of
the soil or rock, for both during construction and after completion
of construction.
B.
Any applicant or permit holder shall have the right to appeal to
any court of competent jurisdiction from any decision or determination
of the Engineer.
A.
Conduction of inspections.
(1)
Inspections shall be conducted and documented by the applicant's
engineer of record. Upon completion of work, the engineer of record
shall submit a final report documenting their inspection efforts and
a letter of completion certifying that the proposed grading was completed
as per the plans, specifications and permit requirements.
(2)
If in the opinion of the Borough Engineer the extent and scope of
the work proposed by the applicant requires inspection to protect
the public safety and/or assure soil or other conditions were so stated
in the plans and reports filed with the permit, the Engineer may require
that the inspection hereinafter stated shall be required.
(3)
As directed by the Borough Engineer, the inspection shall be conducted
by the Borough, a consultant employed by the Borough, or the applicant's
design engineer.
(4)
The cost of these inspections will be borne by the applicant. The
applicant may be required to escrow the estimated amount of the inspection
costs with the Township prior to the issuance of the grading permit.
B.
Plans for grading work, approved by the Engineer, shall be maintained
at the site during the progress of the grading work and until the
work has been approved.
C.
The permit holder shall notify the Borough Engineer, the engineer
of record (the applicant's design engineer) or Borough's
site consultant, as directed by the Borough Engineer, in order to
obtain inspections in accordance with the following schedule and at
least three working days before the inspection is to be made:
(1)
Initial inspection. When work on the excavation or fill is about
to be commenced.
(2)
Rough grading. When all rough grading has been completed.
(3)
Drainage facilities. When drainage facilities are to be installed
and before such facilities are backfilled.
(4)
Special structures. When excavations are complete for key ways, retaining
and crib walls and when reinforcing steel is in place and before concrete
is poured.
(5)
Final inspection. When all work, including the installation of all
drainage and other structures has been completed.
D.
If at any stage of the work the Engineer or his agent shall determine
by inspection that further work as authorized by an existing permit
issued hereunder is likely to endanger private property, or public
streets, alleys or ways, or create hazardous conditions, the Borough,
through its Engineer, shall stop further prosecution of the work until
such time as the applicant or holder of the permit shall eliminate
the likelihood of such danger by, inter alia, the construction of
additional drainage facilities, berms, terracing, compaction, cribbing
or other means.
E.
The inspections of the work by the Engineer or his agent as hereinabove
set forth shall be limited to a determination by him as to whether
or not the work is progressing in accordance with the application.
Such inspections and/or right of inspections hereunder are not intended
to include and do not include any supervision or right of supervision
of the manner or means utilized by the applicant or holder of the
permit in the progress of the work.
F.
All actions taken by the applicant to satisfy the hazardous conditions
shall in no way transfer liability to the Borough.
G.
Prior to the issuance of the permit, the Borough may require that
the applicant file a hold harmless agreement to indemnify the Borough
and its agents.
A.
No excavation shall be made with a cut face steeper in slope than
one vertical to three horizontal, unless the following conditions
are met:
(1)
An engineering report prepared by a professional engineer, licensed
by the Commonwealth of Pennsylvania, and experienced in earth sciences
certifying that the material to be excavated is sufficiently stable
to sustain a slope steeper than one vertical to three horizontal and
that said steeper slope will not endanger or result in damage to adjacent
properties.
(2)
A retaining wall or other approved support, designed by a professional
engineer licensed by the Commonwealth of Pennsylvania, and approved
by the Engineer, is provided to support the face of the excavation
and prevent damage to adjacent properties.
B.
No excavation will be permitted within a line three feet inside the property lines of the site on which excavation is made, or the grading setback as otherwise defined in Chapter 312, Zoning.
C.
Excavation shall not extend below the angle of repose or natural
slope of the soil under the nearest point of any footing or foundation
of any building or structure unless such footing or foundation is
first properly underpinned or protected against settlement.
D.
Before commencing any excavation which may affect the geotechnical stability and adjoining property or structures thereon, the person making or causing the excavation to be made shall notify in writing the owners of the adjacent property or buildings not less than 30 days before such excavation is to be made that the proposed excavation is to be started. Adjoining properties and structures shall be protected as provided in Chapter 125, Construction Codes, Uniform, as is then on file in the office of the Building Code Official.
E.
Steep slopes.
(1)
The steep slope protections are provided to reduce grading on steep
slopes areas within the Township that have not been previously graded.
The intent of this provision is to preserve the esthetic, stormwater
and environmental benefits provided by steep slopes. The disturbance
of land, which shall include the development, grading, and stripping
of vegetation thereon, shall be limited to a percentage of the land
within steep slope categories established by this section. The applicant
proposing the subdivision and/or land development shall prepare a
topographic site plan with five-foot contour intervals depicting the
slope of all areas within the site according to categories of 0% to
11.9%, 12% to 14.9%, 15% to 25% and greater than 25% prior to grading
and as proposed in the topographic site plan. Land that has previously
been graded shall be delineated on the plan and shall not be considered
in the steep slope calculations.
(2)
Such plan shall be sealed by a professional engineer, professional
land surveyor or a landscape architect. The maximum area of land which
may be developed, graded and stripped of vegetation shall be as follows:
|
Slope
|
Area Which Could be Disturbed
| |
|---|---|---|
|
12% to 14.9%
|
40% (30% in a landslide-prone area)
| |
|
15% to 25%
|
30% (20% in a landslide-prone area)
| |
|
25% and above
|
15% (5% in a landslide-prone area)
|
(3)
The applicant must demonstrate that the area of the proposed development
is not within a landslide-prone area; failing that, the applicant
must demonstrate that measures taken during development and construction
will decrease the risk of landslides.
(4)
Within landslide-prone areas, no structures, roads or vehicular use
areas shall be located within 20 feet of a slope greater than 30%.
A.
No fill shall be made in the Borough with an exposed face slope steeper
than one vertical to three horizontal. These slope faces can be deviated
from only when the following conditions are met:
(1)
An engineering report prepared by a professional engineer, licensed
by the Commonwealth of Pennsylvania, and experienced in earth sciences
and subsurface conditions, certifies that he has inspected the site,
that the material which is to be used for fill is sufficiently stable
to sustain a slope steeper than that specified above, and that said
steeper slope will not endanger or result in damage to adjacent properties.
(2)
A retaining wall or other approved support, designed by a professional
engineer, licensed by the Commonwealth of Pennsylvania, and approved
by the Engineer, is provided to support the face of the fill and prevent
damage to adjacent properties.
(3)
The Engineer may require an engineering report to include whatever
subsurface test is deemed necessary to determine the bearing value
and stability of the material under the proposed fill.
B.
All debris which will burn or decompose and all topsoil shall be
removed from the proposed fill area.
C.
Coal, bony, red-dog, expansive slag, cinders, wood, trash, metals,
organic material or refuse shall not be placed or used for fill material.
D.
Earth and granular material used for fill shall be spread in uniform
layers of four, six, or eight inches (loose thickness), dependent
upon the type of equipment to be used for compaction as follows:
|
Compaction Equipment
|
Maximum Layer Thickness
(inches)
| |
|---|---|---|
|
Sheep's foot rollers
|
8
| |
|
Pneumatic-tired rollers
|
6
| |
|
Mechanical hand tampers
|
4
|
E.
Rock used for fill shall be spread in uniform layers of 18 inches
or less in depth. When, in the opinion of the Engineer, the rock sizes
necessitate a greater depth per layer than the height of fill will
permit, the layer depth shall be increased as necessary, but in no
case shall the depth of layer exceed 2 1/2 feet.
(1)
Each layer shall be constructed by starting at one end and dumping
rock on top of the previous layer and pushing the material ahead in
such a manner that the larger rock will be placed on the ground or
preceding layer and the interstices between the larger stones will
be filled with small stones and spalls from this and succeeding layers.
(2)
The maximum dimension of any rock used in embankment shall be less
than the depth of the embankment layer and, in no case shall any rock
over two feet in its greatest dimension be placed in the embankment.
All oversized rock which is otherwise suitable for construction shall
be broken to the required dimension.
F.
The top six inches of all embankments and fill areas shall be formed
of granular material or soil, and, in no case shall material of a
size larger than one inch be placed within the top six inches of fill.
G.
Where fills are placed, the toe of the fill shall be prepared by
cutting a bench at least 10 feet wide on a reverse slope of one vertical
to 10 horizontal.
B.
All drainage provisions shall conform to the requirements contained in Chapter 262, Stormwater Management.
C.
Constructed benches in the fills or cuts or at the top of slopes
shall have 2% reverse slope gradients and horizontal gradients perpendicular
to the flow of the bench of at least 2% for the purpose of carrying
off surface waters. If conditions warrant, the Engineer shall require
a stabilized liner to be installed on any bench to prevent erosion.
D.
The planting of sod, shrubs, trees or other vegetation on slopes
to reforest the slope and prevent localized erosion shall be required.
When requested by the Borough, a landscaping plan will be submitted
for the review and approval of the Engineer.
E.
The applicant shall submit an erosion and sedimentation plan and
post construction stormwater management plan for review and approval
of the Township Engineer. Borough, Engineer or state regulation may
require that the applicant's plan also be approved by the Allegheny
County Conservation District or PADEP.
A.
The owner of any property on which an excavation or fill has been
made shall maintain in good condition and repair the excavation or
fill permitted, and also all retaining walls, cribbing, drainage structures,
fences, ground cover, and any other protective devices as may be a
part of the permit requirements.
B.
If, at any time subsequent to the completion of the grading work,
the cut face or fill slope shall evidence signs of deterioration,
erosion, or other evidence which might be detrimental to the properties
above or below the grading site, the Borough, upon the recommendation
of its Engineer, shall notify the property owner to take remedial
action to restore the graded area to a safe condition, and to do so
in a reasonable period of time.
C.
If, after such notification, the property owner has not made the
necessary repairs within the allotted time, then the Board of Commissioners
may apply to a court of competent jurisdiction for an order requiring
the property owner to take remedial action to restore the graded area
to a safe condition.
A.
The top or bottom edge of slopes shall be at least three 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.
B.
At the top of all cut or fill slopes which are in excess of one vertical
to 1 1/2 horizontal, and six or more feet in total height, a
fence not less than four feet in height, and of a design meeting the
Borough standards, shall be erected, if required by the Engineer for
the protection of the general public.
C.
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 onto the lower properties as a result of the grading work on
the higher property.
D.
In order to prevent the denuding of the landscape, wherever practicable,
large trees and other natural features constituting important physical,
esthetic and economic assets to existing or impending development
work shall be preserved.
A.
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.
B.
When written notice of violation of any of the provisions of this
chapter has been served by the Building Code Official on any person,
such violation shall be discontinued immediately.
C.
Any person violating any of the provisions of this chapter, upon
conviction thereof, shall be sentenced to pay a fine of not more than
$1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 30 days. Each day that a violation
of this chapter continues shall constitute a separate offense. Whenever
such person shall have been notified by the Building Code Official
by service of summons in a prosecution or in any other way that he
is committing such violation of this chapter, each day that he shall
continue such violation after such notification, shall constitute
a separate offense punishable by a like fine.
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 to prevent such unlawful work and to restrain or abate such
violation.
Upon completion of the grading as approved by the Engineer,
the applicant's engineer shall issue to the Borough a certification
of completion, which will certify that all work, grading, filling
as stipulated in the permit has been completed in compliance with
the approved plans and specifications and Borough ordinance requirements.
Copies of all inspection reports shall also be submitted with the
certificate of completion document.
Upon completion of the grading, the applicant shall provide
as-built plans, sealed by the applicant's engineer, to the Engineer
in both hard copy and digital format (PDF format).
