[Ord. 336, 8/1/1989]
1.
Grading, clearing, excavation, and filling as hereinafter used shall
include all grading, clearing, excavations, removal of earth or earth
fillings involving quantities as follows:
|
Site
(square feet)
|
Maximum Gradient Without Permit
(feet)
|
Maximum Excavation of Fill Without Permit
(cubic yards)
|
|---|---|---|
|
Single-family House Site
| ||
|
Less than 6,000
|
12 to 100
|
75
|
|
6,000 to 10,000
|
15 to 100
|
100
|
|
10,000 to 18,000
|
15 to 100
|
200
|
|
18,000 to 30,000
|
15 to 100
|
250
|
|
Over 30,000
|
20 to 100
|
250
|
|
Commercial and Industrial Site
| ||
|
Over 6,000
|
12 to 100
|
50
|
2.
It shall not, however, include the movement of earth in the course
of farming. A grading, clearing, excavation, and filling permit required
under this section is issued at the same time as a building permit,
where required, is issued under this Part.
A.
Any person who desires to perform any of the activities set forth
above shall complete and file an application with the Building Inspector
for a grading, clearing, excavation, and filling permit on the form
prescribed by the Township of Baldwin. Sample of this form is shown
in the Appendix of this Part.
B.
The Township Engineer in conjunction with the Building Inspector
shall review the application and shall issue a grading, clearing,
excavation, and filling permit when satisfactory evidence has been
furnished of the following:
(1)
That the applicant is the owner of the premises involved or
is acting under or on behalf of the owner, or any one of the owners,
if there be more than one.
(2)
That the proposed earth movement is to be performed according
to sound engineering principles.
(3)
That such earth movement will not endanger any public streets
or properties or any adjacent private properties.
(4)
That any changes of grade will not result in a steeper finish
than three to one slope for cuts or two to one slope for fills.
C.
Drain pipes shall be installed where deemed necessary by the Building
Inspector to control surface water and to prevent erosion.
D.
All disturbed surfaces not planned to be built upon or paved within
one year of the date of the permit shall be planted in grass or crown
vetch or other plant material as may be approved by the Building Inspector.
E.
The Township Engineer shall, where he deems necessary, require plans,
topographical surveys, or other types of design drawings for the purpose
of establishing compliance with this section. The applicant shall
bear the full cost of such surveys and studies.
F.
In addition to the permit, the Building Inspector shall issue a placard
which shall be displayed on the premises during the time the work
is in progress. This placard shall show the number of their permit,
the date of its issuance, and shall be signed by the Building Inspector.
G.
After the issuance of a permit by the Building Inspector, no changes
of any kind shall be made to the application, permit, or any of the
plans, specifications, or other documents submitted with the application
without the written approval of the Building Inspector.
H.
All work done pursuant to such a Grading, Clearing, Excavation, and
Filling Permit shall commence within 90 days from the date of the
permit and shall be completed within one year from the date of the
permit.
3.
At the top of all cut or fill slopes which are steeper than two horizontal
to one vertical, and eight or more feet in total height, a chain-link
fence not less than four feet in height, and of a design meeting the
approval of the Township Engineer shall be erected.
4.
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.
5.
In order to prevent the denuding of the landscape, wherever practicable,
large trees and other natural features constituting important physical,
aesthetic, and economic assets to existing or impending development
work, shall be preserved.
[Ord. 336, 8/1/1989; as amended by Ord. 427, 4/4/2006; A.O.]
1.
Before issuing a grading permit, the Township Secretary shall collect
a fee, as provided herein.
A.
The Administrator shall receive the applications and shall collect
all fees. He shall review all applications and shall indicate his
approval thereon. In the event of disapproval, he shall note the reasons
therefor, a copy of which shall be sent the applicant.
B.
Before issuing a grading permit, the Administrator shall collect
a permit fee in an amount as established from time to time by resolution
of the Board of Commissioners.
[Ord. 336, 8/1/1989]
1.
The Township shall cause to be made the inspections hereinafter required
and shall either approve that portion of the work that has been completed
or notify the permit holder wherein the work fails to comply with
the provisions of this Part. Where it is found by inspection that
the soil or other conditions are not as stated or as shown in the
application, the Township may refuse to approve further work until
approval is obtained for a revised grading plan conforming to existing
conditions.
2.
If at any stage of the work, the Township, with the concurrence of
the Township Engineer, shall determine by inspection that the nature
of the formation is such that further work, as authorized by an existing
permit, is likely to endanger property or streets or alleys or create
hazardous conditions, the Township may require, as a condition for
allowing the work to be done, that such reasonable safety precautions
be taken as the Township considers advisable to avoid the likelihood
of danger. Safety precautions may include, but are not limited to,
specifying a flatter exposed slope, construction of additional drainage
facilities or berms, terracing, compaction, or cribbing.
3.
The permittee 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 or completion of grading operations.
4.
Plans for grading work, bearing the stamp of approval of the Township
of Baldwin Engineer, shall be maintained at the site during the progress
of the grading work and until the work has been approved.
5.
Grading work at the various 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 this
Part.
6.
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 within 24 hours
of discovery of such condition. Failure to do so is deemed as just
reason for revocation of permit and forfeiture of security.
7.
In special cases, when grading occurs in areas of landslide prone
soil as recognized by the Soil Survey or better, the Administrator
may required special precautions and/or soil tests from the grader.
The results of all soil tests and core borings made relating to the
site graded shall be submitted to the Administrator, cost of such
tests and reports to be borne by the permittee.
[Ord. 336, 8/1/1989]
1.
Excavation shall not extend below the angle of repose or natural
slope of the soil under the nearest point of any footing or foundation
or any building or structure unless the footing or foundation is first
properly underpinned or protected against settlement.
2.
Before commencing any excavation, which will in any way affect an adjoining property or structure 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 the Township's Building Code [Chapter 5, Part 1] as is then on file in the office of the Building Inspector and/or as required by the Administrator.
3.
Maximum slope steepness of a cut shall be three horizontal to one
vertical for minimizing erosion and landslide hazard. However, a governmental
review agency, professional engineer, or engineering geologist may
recognize the types of soil on the site to be graded form the Soil
Survey or better. Maximum slopes can then be determined as follows:
B.
Landslide-prone soils where existing slopes are of a gradient less
than 25% shall have cut slopes no steeper than two horizontal to one
vertical. Soil Survey map symbols are:
C.
Soils which are not landslide-prone, or have a low probability of
being landslide-prone, shall have a slope no steeper than two horizontal
to one vertical. All soil survey map symbols except the symbols listed
above denote soils of low landslide probability.
4.
Cut slopes which are steeper than those specified above may be allowed
under a grading permit, at the discretion of the Administrator, provided
one or both of the following are satisfied:
A.
The material in which the excavation is made is sufficiently stable
to sustain a slope steeper than the slope specified above for recognized
soil conditions on the site. A written statement, signed and sealed
by a professional soils engineer, stating that the steeper slope will
have sufficient stability and that risk of creating a hazard will
be slight, must be submitted to the Administrator for approval.
5.
The top or bottom edge of slopes shall generally be set back 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.
6.
Guidelines for cuts in the "Erosion and Sediment Control Handbook"
for Allegheny County, Pennsylvania, shall be followed. One or a combination
of guidelines shall be used to minimize hazard, depending on site
conditions and proposed grading.
[Ord. 336, 8/1/1989]
1.
No fill shall be made in a residentially zoned area of the Township
or with an exposed face adjacent to such a district which creates
a slope steeper than two horizontal to one vertical, except under
one or more of the following conditions:
A.
The fill, in the opinion of the Township, as concurred by the Township
Engineer, is located so that settlement, sliding, or erosion of the
fill material will not result in property damage or be a hazard to
adjoining property, streets, alleys, ways, or building.
B.
A written statement from a civil professional engineer licensed by
the Commonwealth of Pennsylvania and experienced in soils engineering,
certifying that he has inspected the site and that the proposed deviation
from the standard specified slopes specified above will not endanger
any property or result in personal hazard or property damage, is submitted
to and approved by the Administrator.
2.
In issuing permits, the Administrator may impose conditions requiring
that a fill be constructed with an exposed surface flatter than two
horizontal to one vertical, if under the particular circumstances
involved, such flatter surface is necessary for stability and for
the safety of persons and property.
3.
Whenever a fill is to be made of materials other than clean soil
or earth, the grading permit shall be subject to the following additional
limitations and requirements:
A.
The fill shall be completed within a reasonable length of time as
determined by the Township Engineer and so specified on the grading
permit.
B.
Clean soil or earth shall be placed over the top and exposed surfaces
of the fill to a depth sufficient to effectively conceal all materials
used in the fill other than clean soil or earth. If the filling operation
is intermittent, the Administrator may require that the top and exposed
surfaces for the fill be so covered at the completion of each such
interruption.
4.
No fill of any kind shall be placed over trees, stumps, or other
materials which could create a nuisance or be susceptible to attracting
rodents, termites, or other pests.
5.
No grading permit shall be issued for the filling of materials other
than clean soil or earth until a faithful performance bond in the
amount of at least 20% more than the Township Engineer's estimated
cost of adequately covering such fill with clean soil or earth has
been furnished to the Township. Such bond shall be executed by a corporate
surety, as well as by the principal, and shall be subject to the approval
of the Township Solicitor as to form. The Bond shall inure to the
benefit of the Township and be conditioned upon the faithful performance
of the work required under the terms and conditions of the grading
permit to the satisfaction of the Township Engineer. In lieu of such
bond, a cash deposit or a certified check in the same amount may be
made with the Township Treasurer.
[Ord. 336, 8/1/1989]
1.
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 constructed, and also all the retaining walls, cribbing, drainage
structure, fences, ground cover, and any other protective devices
as may be a part of the permit requirements.
2.
If, at any time subsequent to the completion of the grading work,
the cut face, or fill slope shall evidence signs of erosion, or other
evidence which might be detrimental to the properties above and below
the graded 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.
[Ord. 336, 8/1/1989]
1.
If, upon final inspection of an excavation or fill, it is found that
the work authorized by the grading permit has been satisfactorily
completed in accordance with the requirements of this Part and any
other requirements imposed, a grading certificate covering such work
and stating that the work is approved shall be issued to the permit
holder by the Township Manager.
2.
The Township shall have the power to revoke any grading certificate
whenever it finds that the work covered by the certificate has been
materially extended or altered without a permit to do so, or that
any retaining wall, cribbing, drainage structure, fence, or other
protective device shown on the approved plans and specifications submitted
with the application for a permit have not been maintained in good
order and repair.
3.
Before such revocation the Township shall first give written notice
to the permit holder and to the owner of the property involved, specifying
the defective conditions and stating that unless such defective conditions
are remedied satisfactorily, the grading certificate may be revoked.
If defective conditions are remedied, the certificate shall not be
revoked.
[Ord. 336, 8/1/1989; as amended by Ord. 427, 4/4/2006]
1.
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 Part.
2.
When written notice of any violation of, or non-compliance with the
provisions of this Part has been given by the Administrator or their
representative, to any person, such violation shall be discontinued
immediately or within a reasonable time limit specified in such notice.
If such violation is not discontinued, or extends beyond the specified
time limit, the Administrator shall revoke the grading permit and
the violator shall be subject to the applicable penalty.
3.
Any person, firm or corporation who shall violate any provision of
this Part, 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 Part continues shall constitute a separate
offense.
[Ord. 336, 8/1/1989]
In case any work is performed by any person in violation of
any of the provisions of this Part, the proper offices of the Township
of Baldwin, in addition to the other remedies prescribed by law, may
institute, in the name of the Township of Baldwin, any appropriate
action or proceeding, whether by legal process or otherwise, to prevent
such unlawful work and to restrain or abate such violation.
[Ord. 336, 8/1/1989; as amended by Ord. 427, 4/4/2006]
1.
Whenever the Administrator determines that any existing excavation,
embankment, or fill has become a hazard, the owner of the property
upon which the excavation, embankment, or fills is located, or other
person or agent in control of said property, upon receipt of notice
from the Administrator shall, within 24 hours or other reasonable
period specified therein, repair, reconstruct, or remove such excavation,
embankment, or fill so as to eliminate the hazard.
2.
If after such notification, the property owner or his agent has not
made the necessary repairs, within the time specified, then the Board
of Commissioners may direct Township employees or hired personnel
to make the required repairs and the cost thereof shall be borne by
the property owner, said costs to be collected in the manner provided
by law, including the imposition of a lien against the property.
[Ord. 336, 8/1/1989]
1.
When the requirements of this Part 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 any
property or any street or alley, or create hazardous conditions, the
Administrator shall give due consideration 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.
2.
The Board of Commissioners shall, within 45 days, consider appeals
from the decision of the Administrator or from the denial of a permit
by the Administrator, and the Board of Commissioners, within 45 days,
shall consider alternative methods, standards, or materials proposed
by the developer when, in his opinion, strict compliance with the
provisions of this Part is unwarranted or creates undo hardship. Any
applicant or permit holder shall have the right to appeal to any court
of competent jurisdiction from any decision of the Board of Commissioners
under the provisions of applicable State law relating to appeals.
[Ord. 336, 8/1/1989]
1.
All fills shall be compacted to provide stability of fill material
and to prevent undesirable settlement or slippage. Fills shall be
compacted using modern methods and equipment. Fills shall be constructed
under the supervision of a qualified soils engineer who shall certify
in writing as to the adequacy of the compaction and he shall submit
results of the compaction tests to the Township Engineer.
2.
The top or bottom edge of slopes shall, generally, be set back 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.
3.
Guidelines for fills in the "Erosion and Sediment Control Handbook"
for Allegheny County, Pennsylvania, shall be followed. One or a combination
of guidelines shall be used to minimize hazard, depending on site
conditions and proposed grading.
[Ord. 336, 8/1/1989; as amended by Ord. 427, 4/4/2006]
1.
All grading shall be done and in conformity with the requirements
of the Pennsylvania Department of Environmental Protection. Reports
and plans required to be submitted to this agency shall also be submitted
to the Township.
2.
Guidelines for minimizing erosion and sediment in the "Erosion and
Sediment Control Handbook" for Allegheny County, Pennsylvania, shall
be followed. One or a combination of guidelines shall 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 shall be used as evidence
that proposed grading will not constitute a hazard.
3.
All slopes shall be sown with crown vetch or other approved anti-erosion
vegetation.
4.
Care shall be taken to prevent erosion and sedimentation entering
adjoining streams. Approved anti-erosion devices shall be installed
where directed to achieve this requirement.
[Ord. 336, 8/1/1989]
1.
Definition of Retaining Wall. A structure composed of concrete, steel,
or other approved building material constructed for the purpose of
supporting a cut or fill embankment which would otherwise not comply
with the requirements of the standards set forth in this Part, and
which is more than four feet in maximum height as measured on the
exposed vertical surface of the wall.
2.
If a retaining wall is constructed to satisfy a requirement of this
Part, a building permit, as provided for by other Township regulations,
shall not be required. The grading permit will apply to the retaining
wall, but the requirements for inspection, etc., as stated herein
are applicable.
3.
Retaining walls must be constructed in accordance with sound engineering
practice. The plans submitted for approval shall bear the seal of
a professional engineer.
4.
The backfilling of retaining walls and the insertion of subterranean
drainage facilities shall be done strictly in accordance with the
provisions of this Part and the appropriate Township specifications.
5.
In general, where a wall is replacing an exposed slope, the vertical
face of the wall shall be set back a minimum of three feet from the
adjoining property.
A.
A special exception to this requirement may be applied for and granted
by the Administrator if it can be satisfactorily demonstrated that
such a variance is necessary to permit normal use of the property,
i.e., for a sideline driveway, or other reasonable consideration.
B.
The requirement of this subsection may also be set aside when the
proposed retaining wall is a joint venture between adjacent property
owners and appropriate documents so stating are filed with the application
for the permit.
[Ord. 336, 8/1/1989]
2.
Such drainage provisions shall be indicated on the grading plans
submitted for approval.
3.
To prevent damage, grading plans shall follow vegetative control
methods and ditch and conduit control methods in the "Erosion and
Sediment Control Handbook" for Allegheny County, Pennsylvania, when
they are applicable to the site. The Administrator may approve methods
and materials recommended by governmental agencies and professional
engineers when they are more suitable to the site in preventing damage.
Drainage facilities shall be designed to accommodate the severest
storm that might occur during a twenty-five-year period.
[Ord. 336, 8/1/1989]
1.
Neither the issuance of a permit under the provisions of this Part,
nor the compliance with the provisions hereto or with any condition
imposed by the Board of Commissioners 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 Township for damages to persons or property.
2.
Compliance with the requirements of this Part shall be incumbent
upon the person performing any grading, presence or absence of an
inspector notwithstanding.
