[HISTORY: Adopted by the Borough Council of the Borough of
Avalon 12-7-1999 by Ord. No. 1259. Amendments noted where applicable.]
This chapter shall be known as the "Borough of Avalon Grading
Ordinance."
The purpose of this chapter is to provide minimum standards
to safeguard persons and property and to protect and to promote the
public welfare by preventing excess erosion, hazardous rock and soil
slippage, sediment production and other soil and water management
problems and by regulating and controlling the design, construction,
quality of materials use, location and maintenance of grading, excavation
and fill.
In the construction of this chapter, the rules and definitions
contained in this section shall be observed and applied, except when
the context clearly indicates otherwise:
A.
Words used in the singular shall include the plural, and the plural
the singular. Masculine words shall include the feminine and neuter.
B.
Words used in the present tense shall include the future tense.
C.
The word "shall" is always mandatory and not discretionary.
D.
The word "may" is permissive.
Whenever used in this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein:
The Building Inspector and/or Zoning Officer of the Borough
of Avalon.
Natural rock layer, hard or soft, in place at ground surface
or beneath unconsolidated surficial deposits.
The Borough of Avalon.
The Building Inspector of the Borough of Avalon.
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 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 Borough Council of the Borough of Avalon.
Excavation of fill or any combination thereof and shall include
the conditions resulting from any excavation or fill.
Any permit required under these regulations.
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 steam pollution.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
A person (engineer, surveyor or architect) licensed by the
Commonwealth of Pennsylvania.
A lot, tract, parcel of land or a series of lot, tracts or
parcels of land which are adjoining where grading work is continuous
and performed at the same time.
A person registered by the Commonwealth of Pennsylvania as
a professional engineer and who has training and experience in the
branch of soils engineering.
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 United States
Department of Agriculture (USDA) Soil Conservation Services et al.
When applicable, "soil survey" shall mean Soil Survey, Allegheny County,
Pennsylvania, when this publication is completed.
All parts or combinations of ashes, garbage, refuse, radioactive
materials, combustible demolition materials and industrial wastes,
such as food-processing wastes, wood, plastic, metal scrap, etc.
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.
A.
Except as set forth in § 214-7 hereof, a grading permit must be obtained from the administrator for new grading, excavations and fills; changes, additions or alterations made to existing excavation or fill shall conform to the provisions of these regulations. A separate grading permit shall be required for each site. One permit may cover the grading, excavation and any fills made on the same site.
B.
Only one permit is required for a continuous parcel to be graded
for a proposed major planned development, such as residential planned
unit development or a planned industrial park, when adequate standards
or requirements for grading the parcel are approved by the administrator.
C.
When grading is to be performed for and executed concurrently with
the construction of a new building, a separate grading permit will
be required.
A.
A grading permit will not be required for any of the following situations:
B.
Grading performed for the construction of an individual residence
shall not require a separate grading permit. The grading permit will
be part of the building permit and all provisions herein shall apply
unless otherwise noted.
A.
The maximum slope of cut shall not be greater than 1 1/2 horizontal
to one vertical, and maximum slope for fill shall not be greater than
two horizontal to one vertical.
B.
Adequate provisions shall be incorporated to prevent erosion due
to storm drainage. All provisions shall be properly engineered and
may be paved or plated swales and/or gutters and/or piped storm sewers.
All to be reviewed and subject to approval of the Borough Engineer.
C.
Existing storm drainage shall not be diverted to adjacent property
owners.
D.
Adequate engineered provisions shall be incorporated to prevent sediment
infiltration into existing streams.
E.
All fills shall be compacted to provide stability of fill materials
and to prevent settlement of slippage.
F.
Immediately upon completion of grading, all areas not designated
for building or paving shall be mulched and planted. Planting shall
be appropriate to maintain slopes from erosion and subject to approval
of the Borough. In general, planting may be rye grass, crown vetch
or honeysuckle.
G.
Any slope which exceeds 50 feet in vertical height shall be properly
benched.
H.
In addition to the above, all fill-and-cut operations shall be performed
in compliance with the Erosion and Sediment Control Handbook for Allegheny
County.
I.
In the event that the cut-and-fill operation affects any natural
watercourse, under Pennsylvania Department of Environmental Protection,
dams and encroachments jurisdiction, by change in direction, cut and
fill along the banks, culverts or bridges or construction adjacent
to, the applicant must present with his application the permit and
the letter of comments from the Department of Environmental Protection,
dams and encroachments jurisdiction.
Every applicant for a grading permit shall file a written application
with the administrator in a form prescribed by said administrator,
which shall contain the following information:
A.
Describe the land on which the proposed work is to be done by lot
and block, tract or street address.
B.
Be accompanied by the plans and specifications prepared and sealed
by a professional (engineer, surveyor or architect), giving a reasonable
picture of the site and proposed soil erosion controls, if any. Said
plans must be complete with North arrow, scale, distance to road intersections,
adjacent structures, roads, utilities, waterways, existing contours
and finished proposed contours. All contours shall be minimum five-foot
intervals. All necessary existing and finished spot elevations are
required to show drainage details of all constructed measures to prevent
soil erosion and planting.
C.
The administrator may waive the preparation of said plans by a professional
when it is self-evident that the proposed work is simple, clearly
shown on the plans submitted and creates no potential nuisance or
hazard to adjacent property.
D.
The above plans and specifications shall be submitted to Allegheny
County Conservation District for approval before submission to the
administrator, and said approval must be submitted for a permit when:
(1)
Excavation or fill exceeds five feet in vertical depth and results
in a cut or fill slope steeper than four horizontal to one vertical
and exceeds an area of 1,000 square feet for areas recognized by the
Allegheny County Soil Survey as containing landslide-prone soils.
(2)
Excavation or fill exceeds 10 feet in vertical depth and results
in a cut or fill slope steeper than three horizontal to one vertical
and exceeds an area of 5,000 square feet in area for areas not recognized
by the Allegheny County Soil Survey as landslide-prone.
(3)
In the event that the applicant deems it necessary to exceed the slopes of cut and fill as recommended in the soil survey or by the Allegheny County Conservation District, said applicant may do so, only when the design is certified by a soil engineer or geologist. However, in no case shall the slopes be greater than specified in § 214-8, Standards for grading, Subsection A.
A.
Whenever the governing body, upon the recommendation of the administrator, determines that any existing excavation, embankment or fill has become a hazard as defined in § 214-4, the owner of the property upon which the excavation, embankment or fill is located or other person or agent in control of said property shall be given notice of said determination by the administrator, shall within the reasonable period specified therein repair, reconstruct or remove such excavation, embankment or fill so as to eliminate the hazard.
B.
If, after such notification, the property owner has not made the
necessary repairs within the time adopted, then the governing body
may direct government employees to make the required repairs, and
the cost thereof shall be borne by the property owner by a lien filed
as provided by law.
C.
Whenever the governing body, upon the recommendation of the administrator, determines that any proposed excavation or fill may present a hazard as defined in § 214-4, the governing body reserves the right to require the applicant to have the proposed work certified by a soil engineer or geologist.
A.
Before issuance of a grading permit, the applicant shall post a bond
issued by a Pennsylvania approved 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
said 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 chapter 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 said
security.
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 if it is not completed totally within two years
from the date of issue, provided that the governing body, acting upon
the recommendation of 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 not to exceed six months, and
provided, further, that the applicant 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 groundwater 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.
A.
When the requirements of this chapter for obtaining a permit have
been met, the administrator shall approve the proposed plan and grant
a grading permit to the applicant. Approved work may then start. However,
when, in the opinion of the administrator, 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
of streets or alleys or create hazardous conditions, the administrator
shall give due consideration to possible saturation by rains, earth
movements, runoffs, 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. Any party aggrieved by the
decision of the administrator shall appeal the administrator's decision
to the governing body within 30 days of receipt of notice of such
decisions.
B.
The governing body shall, within 45 days of the filing of an appeal
from the decision of the administrator, consider the alternate methods,
standards or materials proposed by the developer when, in his opinion,
strict compliance with the provisions of these regulations is unnecessary.
The governing body shall render a decision affirming, overruling or
modifying the decision of the administrator within 90 days of the
filing of an appeal and mail a copy of such decision to the applicant
or permit holder at said party's last known address. Any applicant
or permit holder shall have the right to appeal to any court of competent
jurisdiction from any decisions of the governing body.
A.
The permit holder or his agent shall notify the administrator, in
writing, of the start and completion of each continuous grading operation.
Notice shall be received by the administrator or at his office at
least two working days before start of completion of grading operation.
B.
Grading work at these stages or at any other time will be subject
to spot inspections at the discretion of the administrator to determine
that the work is being performed in compliance with these regulations.
C.
In cases when grading occurs in areas of landslide-prone soil as
recognized by the soil survey or better, the administrator may require
special precautions from the grader, which precautions shall be in
accordance with sound engineering practice. The results of all soil
tests and core boring made relating to the site graded shall be submitted
to the administrator.
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 and below the grading site, the administrator may direct the
property owner to take necessary remedial steps in accordance with
sound engineering practice to restore the grading to a safe condition
and to do so in a reasonable period of time.
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.
Each application shall be accompanied by a fee as set forth
in the Borough Fee Schedule then in effect.
Upon written notice of any violation of any of the provisions
of this chapter being served by the administrator on any person, such
violation shall be discontinued in accordance with said notice. If
violation is not discontinued, the administrator shall revoke the
grading permit and the violator shall be subject to the fines and
penalties as set forth herein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys’ fees incurred
by the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this chapter in equity in the Court of Common
Pleas of Allegheny County.
