The provisions of this article shall apply to grading, excavation and fill for all final or revised land development plans, including subdivision plans, approved by Borough Council under the authority of Chapter 184 in the Code of the Borough of Franklin Park, Subdivision and Land Development, as amended.
A.
When required. A grading permit for any site other than an individual
one- or two-family residential site shall be obtained from the Borough
after review by the Borough Engineer. A separate grading permit shall
be required for each site or phase. One grading permit may cover the
grading, excavating and fill made on the same site.
B.
A grading permit is required under this Article II if any of the following conditions are met:
(1)
An excavation or fill of 50 cubic yards or more.
(2)
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.
(3)
Excavation below finish 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.
(4)
Grading in an easement for a public sewer, water main, storm drain
or power line, other than by a public utility.
(5)
An encroachment on, or alteration of, an existing drainage channel
or watercourse.
(6)
Surface mining involving 50 cubic yards or more.
(7)
Removal of trees, vegetation or other natural ground cover:
(8)
Surfacing and paving of land, other than streets, with hard surfaces
or compacted, nonpermeable material such as asphalt, concrete or slag,
with area in excess of 5,000 square feet.
C.
When not required. A grading permit shall not be required under this Article II 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 site 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 consistent with a National Pollutant
Discharge Elimination System permit does not require a grading permit;
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 grading permit must be obtained prior to such temporary stockpiling
in accordance with the requirements of this article. In addition,
if excavated material is stockpiled on the site for a period longer
than six months, then a grading permit shall be necessary for the
storage of such material.
Each applicant for a grading permit shall file the following
information with the Borough:
A.
The purpose for which the grading application is filed and the intended
use of the site.
B.
The estimated starting and completion dates of the grading work.
C.
A plot plan showing the location of the grading, existing and proposed
contours (with two-foot contour intervals), property lines, neighboring
streets, 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.
D.
An engineering report prepared by a professional engineer licensed
by the Commonwealth of Pennsylvania and retained by the applicant.
(2)
This engineering report, if required, shall include: a contour map
of the site showing present contours with two-foot contour intervals
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, and the nature of fill material.
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,
certifies 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 reviewed
by the Borough 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.
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 therein, 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 99 in the Code of the Borough of Franklin Park, Construction Code, Uniform, as amended.
E.
Steep slopes.
(1)
The steep slope protections are provided to reduce grading on steep
slopes areas within the Borough 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 slopes 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 8% to
15%, 15% to 25%, 25% to 40% and greater than 40% 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
| |
|---|---|---|
|
8 to 15%
|
60% (75% when certified by soils engineer)
| |
|
15 to 25%
|
40% (55% when certified by soils engineer)
| |
|
25 to 40%
|
20% (35% when certified by soils engineer)
| |
|
Slopes in excess of 40% shall not be disturbed.
| ||
(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 permitted 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 reviewed
by the Borough Engineer, is provided to support the face of the fill
and prevent damage to adjacent properties.
(3)
The Borough Engineer may require an engineering report to include
any subsurface test 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 Borough 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 2.5 feet.
(1)
Earth 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 fill is placed, the toe of the fill shall be prepared by cutting
a bench on reverse slope at a ratio of at least one vertical to 10
horizontal wide.
A.
The top or bottom edge of slopes shall be at least three feet from
adjacent property lines other than street right-of-way lines in order
to permit the normal rounding of the edge without encroaching on the
abutting property.
B.
At the top of all cut or fill slopes which are in excess of one vertical
to 1.5 horizontal, and six or more feet in total height, a fence not
less than four feet in height and of a design meeting the requirements
of Borough ordinances shall be erected, if required by the Borough
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 whenever practicable,
large trees and other natural features constituting important physical,
aesthetic and economic assets to existing or impending development
work shall be preserved.
B.
All drainage shall conform to the requirements contained in Chapter 178 of the Code of the Borough of Franklin Park, Stormwater Management.
C.
Constructed benches in the fills or cuts or at the top of slopes
shall have two-percent 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 Borough
Engineer shall require a stabilized liner to be installed on any bench
to prevent erosion.
D.
The planting of landscaping 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 Borough Engineer.
E.
The applicant shall submit an erosion and sedimentation plan and
post-construction stormwater management plan for review and approval
of the Borough Engineer. The Borough Engineer may require that the
applicant's plan also be approved by the Allegheny County Conservation
District, Pennsylvania Department of Environmental Protection, or
Army Corps of Engineers.
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 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
the Borough 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 Borough Council 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.
A grading permit issued under this article shall expire if the work
authorized by such permit has not been commenced within six months
of the date of issue or if the work is not completed within 24 months
from the date of issue.
B.
If the permit holder presents satisfactory evidence that unusual
difficulties have prevented work being completed within the specified
time limit, the Building Inspector/Zoning Officer may 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.
