[Ord. 610, 3/14/1973,
§ 1]
1.
Short Title. This Part shall be known and may be cited as the "Forest
Hills Borough Grading Ordinance."
2.
Purpose. This Part is intended to provide minimum standards to protect
the safety of persons and property and promote the public health and
welfare by regulating the design, construction, quality of materials,
manner of use, location and maintenance of grading, excavation and
fill of earth within the corporate limits of Forest Hills Borough.
3.
BOROUGH ENGINEER
BUILDING PERMIT
EXCAVATION
FILL
FILL (MINOR)
GRADE
GRADING
GRADING PERMIT
HAZARD
NOTICE
PERSON
PROPERTY OWNER
SECURITY
SITE
SOIL SURVEY
Definitions. For the purpose of interpreting the provisions of this
Part, the following words will have the meaning or meanings hereby
ascribed to them, viz.:
The engineer appointed by the Council of Forest Hills Borough.
Any act by which earth, sand, gravel, rock or any similar
material is penetrated, cut, dug, quarried, uncovered, removed, displaced,
relocated or bulldozed and shall include the condition of the land
surface 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 condition of the land surface
resulting therefrom.
Fill which (1) does not exceed 25 cubic yards of material
on any one site, (2) does not exceed five feet in vertical depth at
any point, (3) does not cover an area of more than 1. 000 square feet;
and (4) is not in an area recognized by the soil survey as containing
landslide-prone soils, provided that the surfaces of such fills do
not have a slope at any point steeper than a ratio of three horizontal
to one vertical.
[Added by Ord. No. 1091, 3/24/2021]
The elevation of the existing land surface at the location
of any proposed excavation or fill.
Excavation or fill, or any combination thereof, including
the condition of the land surface resulting from any excavation or
fill or combination thereof.
A permit required under § 9-103 of this Part.
A danger or potential danger to life or health and an actual
or potentially adverse effect on the safety, use or stability of land,
waterways including stream pollution, public ways, structures, utilities
and storm sewers.
A writing, mailed by certified mail to the property owner
at his mailing address or served by any competent adult in the manner
provided by the Pennsylvania Rules of Civil Procedure for the service
of a summons.
A natural person, his heirs, personal representatives and
assigns and a corporation, its successors and assigns.
The owner of record of real property. In the case of tenants
in common or joint tenants, it shall mean any or all of them and where
such real property is managed or operated by an agent, it shall mean
the owner's agent. Where a record owner is deceased, it shall mean
his personal representatives and heirs or either of them.
A bond of an applicant, with approved corporate surety, conditioned
as the circumstances shall require and at the amount indicated by
the Borough Manager or by counsel, or a cash deposit with the Borough
in an equal amount.
A lot, tract or parcel of land or a series of lots, tracts
or parcels of land forming a single contiguous whole tract where grading,
excavation or fill occurs as a continuous or unitary operation.
Until the publication and promulgation of the Soil Survey
for Allegheny County, Pennsylvania, "soil survey" means the unpublished
and operational soil survey dated January, 1968, together with all
accompanying documents and the accompanying text, "Soil Survey Interpretation
for Allegheny County," as prepared under the authority of the U.S.D.A.
Soil Conservation Service. Upon the publication and promulgation of
Soil Survey, Allegheny County, Pennsylvania, "soil survey" shall mean
said official document.
[Ord. 610, 3/14/1973,
§ 2]
1.
This Part provides the standards intended and designed to protect
the safety of persons and property and promote the public health and
welfare by regulating the design, construction, location, use and
maintenance of grading, excavation, slopes and fill of earth within
the corporate limits of Forest Hills Borough.
2.
The standards prescribed herein shall be construed to be the minimum
standards permissible.
3.
The provisions of this Part shall apply to:
A.
All gradings, excavations and fills begun subsequent to the effective
date of this Part.
B.
All additions, alterations and repairs made to gradings, excavations
and fills begun prior to the effective date of this Part.
C.
All gradings, excavations and fills necessary to abate any nuisance,
hazard or dangerous condition as determined by the procedure hereinafter
set forth.
[Ord. 610, 3/14/1973;
as amended by Ord. 976, 1/16/2008]
1.
Subject to the exceptions set forth below, no person shall commence
any grading, excavation or fill without first having obtained a grading
permit from the Borough Manager. The fee for a grading permit shall
be established from time to time by resolution of Borough Council.
One permit shall be required for each site and shall include both
excavation and fill to be done on such site. Exceptions to the above
requirement are:
A.
Grading limited to the mining, quarrying or stockpiling of coal,
rock, sand, aggregate or clay that satisfies the requirements or regulations
of the Commonwealth of Pennsylvania.
B.
Grading limited to solid waste disposal or sanitary landfills operated
in accordance with the requirements, rules and ordinances adopted
by the Pennsylvania Department of Environmental Protection and the
Allegheny County Health Department.
C.
An excavation which does not exceed five feet in vertical depth at
any point and does not include any area of more than 1,000 square
feet and is not located in an area recognized by the soil survey as
containing landslide-prone soils. The determination of landslide-prone
soil, areas can also be made by the Pennsylvania Bureau of Topographic
and Geological Survey or an engineering geologist. This exception
shall not affect the applicability of this Part to or the requirement
for a grading permit for any fill made with a material from such excavation,
unless such fill is within the scope of paragraph .B hereof.
E.
An excavation below finished grade for basements and footings of
a building, swimming pool, or underground structure authorized by
a building permit and excavation of a driveway between a building
site and a public road or street when conditions such as excessive
cut or fill make such permit necessary. This exception shall not affect
the applicability of this Part to or the requirement of a grading
permit for any fill made with the material from such excavation unless
such fill is within the scope of Subsection 1B hereof. A grading permit
shall not be required for the temporary stockpiling on the same site
of the material from such excavation.[1]
[1]
Editor's Note: Former Subsection 1F, regarding single-family
dwelling sites, which immediately followed, was repealed Ord. No. 1091, 3/24/2021.
2.
No person shall place minor fill on any property within the Borough
without having first obtained a minor fill permit from the Borough
Manager. The fee for a minor fill permit shall be set from time to
time by resolution of Borough Council.
[Added by Ord. No. 1091, 3/24/2021]
A.
A minor fill permit shall be required for all fill which does not
exceed 25 cubic yards of material on any one site, does not exceed
five feet in vertical depth at any point, does not cover an area of
more than 1,000 square feet, and is not in an area recognized by the
soil survey as containing landslide-prone soils, provided that the
surfaces of such fills do not have a slope at any point steeper than
a ratio of three horizontal to one vertical. De minimis fill, as determined
by the Borough Engineer, shall not require a minor fill permit.
B.
If at any time the fill on any one site exceeds the requirements
of this section, the applicant must either remove the excess fill
within 14 calendar days, or apply for a grading permit.
[Ord. 610, 3/14/1913, § 4]
1.
Every applicant for a grading permit shall file a written application
therefor with the Borough Manager setting forth:
A.
A description by reference to a lot number in a recorded lot plan
with the page reference of the plan, a lot and block designation from
Allegheny County Deed Registry records, a street address or a metes
and bounds description of the land containing the site.
B.
Plans and specifications submitted in triplicate and prepared by
a registered professional engineer or a registered surveyor containing
the following:
(1)
A contour map on a scale of one inch equal to 50 feet showing
the present contours of the land at five-foot intervals and the proposed
contours of the land at five-foot intervals after completion of the
proposed grading.
(2)
A plan showing cross-sections of the proposed, grading at 50
foot intervals showing the method of benching required for grading.
A minimum of two cross-sections for each separate property in the
permit application shall be required.
(3)
A plot plan showing the application of the grading, boundaries,
neighboring streets and alleys, buildings, trees greater than 15 inches
in diameter and taller than two feet, tree clusters and sufficient
dimensions and other data to show the location of all work to be accomplished.
(4)
Written information describing the type and classification of
the soil, fill material, details and location of any proposed drainage
structure and pipes, walls and cribbing. The location of any and all
public or private utilities, existing drainage pattern, mine openings,
capped wells, and other pertinent physical features shall also be
provided.
(5)
Any and all other information that the Borough Manager or Borough
Engineer may require to secure compliance with this Part.
(6)
The name and seal of the registered professional engineer or
the registered surveyor who prepared the plans and specifications,
the name of the applicant, the owner of the land, and the date of
the application.
C.
The estimated dates of starting and completion of the work.
E.
The names and contact information for any third parties intending
to place fill upon the subject property, in addition to the composition
of the proposed third-party fill.
[Added by Ord. No. 1091, 3/24/2021]
2.
The Borough Manager may waive or modify the requirement of any or
all plans or specifications listed above if he finds that the information
on the application is sufficient that the work will conform to the
provisions of this Part.
3.
Every applicant for a minor fill permit must file a written application
setting forth a description by reference to a lot number in a recorded
lot plan with the page reference of the plan. a lot and block designation
from Allegheny County Deed Registry records. a street address. or
a metes and bounds description of the land containing the site, in
addition to the approximate dimensions of the fill, and the estimated
dates of starting and completion of the work.
[Added by Ord. No. 1091, 3/24/2021]
[Ord. 610, 3/14/1973,
§ 5; as amended by Ord. 976, 1/16/2008]
1.
The application for a grading permit shall be accompanied by an application
review fee established from time to time by resolution of Borough
Council.
2.
With each application for a permit providing for the movement of more than 1,000 cubic yards of material, security in the amount of 25% of the estimated cost of the work shall be posted, conditioned upon proper completion of the work, including slope treatment and drainage shown in the application. Said security shall comply with the provisions of Part 8 of Chapter 1 of Forest Hills Borough Code of Ordinances, "Financial Security." The agreement for the holding and return of such security shall be prepared at the applicant's expense in a form acceptable to the Borough Solicitor. In projects involving less than 10,000 cubic yards the agreement may be waived by the Council but the security shall never-the-less be posted.
[Ord. 610, 3/14/1973,
§ 6]
Authorized work shall commence within six months of the date
of the issuance of the permit and be completed within 12 months of
the date of issuance. The times for commencement or completion may
be extended by the Borough Manager upon request of the applicant prior
to the expiration of the permit and the showing of reasonable grounds
for delay.
[Ord. 610, 3/14/1973,
§ 7; as amended by Ord. 976, 1/16/2008]
[Ord. 610, 3/14/1973,
§ 8]
1.
The existence and abatement of a hazardous condition arising out
of grading, excavation, slopes and fills shall be determined by the
following procedure:
A.
When any condition comes to the attention of the Borough Manager
that is or may be hazardous, he shall promptly make an on-site inspection
thereof. If he finds that such condition is a hazard he shall make
a written report setting forth:
B.
Upon completion of his report, the Borough Manager shall give notice
to the property owner to abate such hazardous condition within the
time delineated in the report. A copy of said report shall be served
on the property owner along with the notice. The property owner shall
then abate such hazardous condition within the specified time.
C.
Unless the hazard is found by the Borough Manager to be of an emergency
nature, the property owner shall be allowed 10 days within which to
appeal the decision of the Borough Manager to Council.
D.
If the Manager finds the hazard to be of an emergency nature, the
property owner shall be required to commence work to abate such hazard
forthwith, subject to a right of reimbursement for reasonable costs
and expenses if the Council or a court of competent jurisdiction upon
appeal finds that the emergency did not exist.
E.
The placing of fill on manhole covers. entrances or access points
to storm sewers. sanitary sewers, other utilities or other Borough-owned
easements or rights-of-way shall constitute a hazard of an emergency
nature and is prohibited.
[Added by Ord. No. 1091, 3/24/2021]
[Ord. 610, 3/14/1973,
§ 9]
1.
The Borough Manager shall, when requested, make the inspections hereinafter
required and shall either approve that portion of the work which has
been completed or notify the permit holder wherein the same 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 shown in the
application, the Manager may refuse to approve further work until
approval is obtained for a revised grading plan conforming to the
existing conditions.
2.
Plans for grading work, approved by the Borough Manager, shall be
maintained at the site and available for inspection during the progress
of the work until final approval is received from the Borough Manager.
3.
The permit holder shall notify the Borough Manager in order to obtain
inspections in accordance with the following schedule and such notification
shall be made by the permit holder at least 24 hours before the inspection
is to be made:
A.
Initial Inspection. When work on the excavation or fill is about
to be commenced.
B.
Rough Grading. When all rough grading has been completed.
C.
Drainage Facilities. When drainage facilities are to be installed
and before such facilities are backfilled.
D.
Special Structures. When excavations are complete for retaining,
crib walls erected, reinforcing steel in place, and before concrete
is poured.
E.
Final Inspection. When all work, including the installation of all
drainage and other structures has been completed.
4.
If, at any stage of the work, the Borough Manager 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 any
public or private property, or streets, or alleys, or create hazardous
conditions, the Borough Manager may suspend operations. The Borough
Manager may require, as a condition to allowing the work to continue,
that the permit holder take reasonable safety precautions to avoid
such likelihood of danger. Safety precautions may include, but shall
not be limited to, specifying a flatter exposed slope, construction
of additional drainage facilities, beans, terracing, compaction, cribbing
or walls.
5.
The cost for all inspections shall be borne by the owner of the land
at rates established by the Borough.
6.
Upon completion of all grading installation and other work on the
permit site to the satisfaction of the Borough Manager, a certificate
of completion shall be issued by said Manager.
[Ord. 610, 3/14/1973,
§ 10]
1.
No excavation shall be made with a cut face steeper in slope than
two horizontal to one vertical, except under one or more of the following
conditions:
A.
A governmental review agency, professional engineer or engineering
geologist may classify according to the soil survey the types of soil
on the site to be graded. Maximum slopes must then be determined as
follows:
(1)
Landslide-prone soils where slopes are greater than 25% shall
have cut slopes no steeper than three horizontal to one vertical.
Soil survey map symbols relative to this requirement are:
|
34-DE-6
|
34-E-2
|
34-F-1
|
65-E-2
|
(2)
Landslide-prone soils where slopes are less than 25% shall have
cut slopes no steeper than two horizontal to one vertical. Soil survey
map symbols relative to this requirement are:
|
32-B-2
|
32-C-2
|
34-B-2
|
34-C-2
|
34-D-2
|
|
65-B-2
|
65-C-2
|
65-D-2
|
67-C-2
|
67-D-2
|
(3)
Soils which are not or have a low probability of being landslide-prone
shall have a slope no steeper than one and one half horizontal to
one vertical. All soil survey map symbols except the symbols listed
above denote soils of low landslide probability.
B.
Cut slopes which are steeper than those specified in § 9-110, Subsection 1A, may be allowed under a grading permit, provided one or both of the following is satisfied:
(1)
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 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 Borough Manager.
(2)
A retaining wall or other approved support, designed by a professional
engineer and approved by the Borough Manager, is provided to support
the face of the excavation.
C.
The excavation is located so that a line having a slope of two horizontal
to one vertical and passing through any portion of the cut face will
be entirely inside the property lines of the property on which the
excavation is made.
D.
A written statement from a registered professional engineer, licensed
by the Commonwealth of Pennsylvania, and experienced in soils engineering,
certifying that he has inspected the site and that the material in
which the excavation is to be made is sufficiently stable to sustain
a slope steeper than two horizontal to one vertical and that said
steeper slope will not endanger any property or result in property
damage, is submitted to and approved by the Borough Manager.
E.
A retaining wall or other approved support designed by a registered
professional engineer is provided to support the face of the excavation.
(1)
A retaining wall is a structure composed of concrete, steel
or other approved building material constructed for the purpose of
supporting a cut or filled 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 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 Borough
regulations, shall not be required. The grading permit will apply
to the retaining wall, and the requirements for inspection, etc.,
as stated herein will be complied with.
(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 Borough specifications.
(5)
In general, where a wall is replacing an exposed slope, the
vertical face of the wall shall be three feet back from the adjoining
property.
(a)
An exception to this requirement may be applied for and granted
by the Borough Manager if it can be satisfactorily demonstrated that
it is necessary to insure normal use of the property, i.e., for a
sideline driveway.
[Amended by Ord. No. 1091, 3/24/2021]
(b)
An exception to the requirements of this clause may also be
made 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.
2.
The top or bottom edge of slopes shall generally be set back 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.
The Borough Manager may require an excavation to be made with a cut
face flatter in slope than two horizontal to one vertical if he finds
the material in which the excavation is to be made unusually subject
to erosion, or if other conditions exist which, under applicable engineering
practice, make such flatter cut slope necessary for stability and
safety.
4.
Excavations adjacent to any footing, foundation or structure shall
not extend below the angle of repose or natural slope of the soil
under the nearest point of same unless such footing, foundation or
structure is first properly underpinned or protected against settlement.
5.
Before commencing any excavation which will in any way affect an
adjoining property or structures thereon, the person making or causing
the excavation to be made shall give notice to the owners of adjoining
buildings not less than 30 days before such excavation is to be made
that the excavation is to be made.
6.
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 Borough Manager may approve grading plans not meeting
guidelines of the handbook if the 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.
[Ord. 610, 3/14/1913, § 11]
1.
Guidelines for fills 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.
2.
No fill shall be made which creates any exposed surface steeper in
slope than two horizontal to one vertical, except under one or more
of the following conditions:
A.
The fill, in the opinion of the Borough Manager, 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, street, alleys
or buildings.
B.
A written statement from a registered 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 slope specified above will not endanger any property or result
in property damage, is submitted to and approved by the Borough Manager.
3.
The Borough Manager may require that the fill be constructed with
an exposed surface flatter than two horizontal to one vertical if
he finds that under the particular conditions such flatter surface
is necessary for stability and safety.
4.
No fill shall be placed over manhole covers. entrances or access
points to storm sewers. sanitary sewers. other utilities or other
Borough-owned easements or rights-of-way.
[Added by Ord. No. 1091, 3/24/2021[1]]
5.
Fills, embankments and finish grading shall be designed in accordance
with the following:
A.
Because of the potential for unexpected conditions in earth materials
and a possibility of earth movement, the bearing value and stability
of the material under proposed fills and embankments shall be determined
by subsurface investigation performed by a qualified registered professional
engineer.
B.
The type of fill material available in each stage of the grading
operations shall be specified in order to plan proper filling procedures.
(1)
Broken concrete, concrete block, cinder block, brick, slag and
stone may be incorporated in fills and embankments, but only in layers
24 inches thick, maximum, as per Commonwealth of Pennsylvania, Department
of Highways Specification, 1961, Form 408, Section 3.4.3, Paragraph
D, or later specifications which the Commonwealth may adopt, with
voids filled and a blanket of compacted fill separating one layer
of rock from the next. Rock fill should be placed near the bottom
of fill away from building foundations, building caissons and subsurface
utility installations. Suitable earth shall be reserved or be provided
to cover rock fill under proposed seeded or planted areas.
(2)
Coal, boney, red-dog, expansive shale and cinders, shall not
be placed in fill areas.
(3)
Wood or decomposable material shall not be placed in fill areas.
C.
All organic debris and all topsoil shall be removed from areas to
receive fill.
D.
On major fills or embankments, as determined by the Borough Manager, a toe bench shall be constructed below mantle under the toe of fill in accordance with § 9-113 of this Part.
E.
To take care of ground and subsurface water in the proposed fill
area, a porous drain shall be installed on the bottom and back wall
of the toe bench, together with a drain pipe and suitable discharge
pipe to existing surface, beyond and below the toe of the proposed
fill.
F.
Overfilling of slopes is desirable to permit final shaping of surface
to proposed grade without the addition of loose fill over the surface
of the slope; provided, that no fill shall be higher than six feet
vertically before the slope is shaped to proper grade.
G.
At the end of each work day, the horizontal surface of the fill area
shall be shaped, compacted and rolled to slope to the outside edge
to provide for drainage.
6.
No grading permit shall be issued for the filling of materials other
than clean soil or earth until a performance bond in the amount of
110% of the Borough Manager's estimate of the cost of adequately covering
such fill with clean soil or earth has been furnished to the Borough.
Such bond shall be executed by an approved corporate surety, as well
as by the principal, and shall be subject to the approval of the Borough
Solicitor as to form. The bond shall inure to the benefit of the Borough
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 Borough Manager. In lieu of a surety bond, a cash deposit in
the same amount may be made with the Borough or with a bank or trust
company under an escrow agreement prepared at applicant's cost and
approved by the Borough Solicitor.
7.
No minor fill permit shall be issued for the filling of materials
other than clean soil or earth.
[Added by Ord. No. 1091, 3/24/2021]
8.
No person shall permit the placing of fill on his or her property
by a third party absent a grading permit or minor fill permit. Third-party
fill must be shown to meet all the requirements of this section.
[Added by Ord. No. 1091, 3/24/2021]
[Ord. 610, 3/14/1913, § 12]
1.
In order to prevent erosion, the permittee shall provide adequate
ground covering of such kind and character as may be approved by the
Borough Manager. For slopes steeper than three horizontal to one vertical,
the ground covering shall be an approved mixture of crown vetch and
tall fescue. These areas shall be mulched in an approved manner. The
ground covering for other slopes shall be either grass, crown vetch,
or other approved variety of vegetation.
2.
The completion of fills, embankments and finish grading should be
done during a season of the year when turf or ground cover can best
be established.
[Ord. 610, 3/14/1973,
§ 13]
1.
All fills shall be compacted to provide stability of material and to prevent undesirable settlement. Except as provided in § 9-111, Subsection 4B(1), the fill shall be spread in a series of layers, each not exceeding eight inches in thickness and shall be compacted by a spread. Fill should be placed at the optimum moisture content for the specified degree of compaction. The Borough Manager may require, at the applicant's expense, any tests or other information he deems necessary.
2.
Where fills are placed on slopes of 5% or more, benching of the surface
shall be required and indicated on the cross sections.
[Ord. 610, 3/14/1973,
§ 14; as amended by Ord. 745, 4/18/1984, § 1;
by Ord. 751, 12/19/1984; and by Ord. 830, 3/18/1992]
1.
Adequate provisions shall be made to prevent any surface water from
damaging the cut face of an excavation or the sloping surface of a
fill.
2.
The drainage pattern prior to construction shall be indicated on
the plans and adequate measures shall be taken to eliminate any erosion
and water runoff damage to adjacent properties during the grading
and/or construction and after completion of grading and/or construction.
3.
The grading and/or necessary storm sewers, catch basins, drainage
ditches and swales to protect adjacent properties shall be constructed
before the property to be graded is cleared and grubbed and before
any excavation or filling is started.
4.
The storm sewers, catch basins, drainage ditches and swales must
be maintained, cleaned, cleared and open during construction. If the
above is not complied with, the Borough Manager shall stop all clearing
and grading on the site until the necessary drainage facilities are
completed, or the permit will be revoked and the required bond will
be forfeited.
5.
Drainage ditches shall be constructed at the toe and top of cut and
ahead of fill slopes to divert the surface water to drainage facilities
during and after construction.
6.
New storm sewers and other facilities and utilities traversing a
proposed fill area shall be buried a minimum of three feet from top
of pipe to existing grade, or the fill shall be constructed in such
area prior to excavating for the installation of said sewers and utilities.
7.
The minimum size storm sewer shall be 15 inches in diameter unless
a variation in size is approved by the Borough Manager.
8.
Slopes steeper than two horizontal to one vertical and of more than
15 feet in vertical height shall be separated by a level berm of at
least four feet in width at intervals of no more than 15 feet vertically.
A.
Cut slopes which are steeper than that specified in Subsection 8, above, shall not require separation by a level berm of at least four feet vertically; provided the following requirements are satisfied:
(1)
The material in which the slope is cut is rock.
(2)
A written statement, signed and sealed by a professional soils
engineer is delivered to the Borough Manager stating that the requirement
of level berms may be eliminated without creating a condition damaging
to the cut face of an excavation or hazardous to adjacent property
or lives, or in the alternative, recommending, to the Borough Manager
a safe, sufficient and appropriate interval for placement of level
berets of at least four feet in width.
(3)
Having considered the likelihood of a landslide, and protection
of adjacent property and lives, the Borough Engineer shall deliver
a written statement, signed and sealed, to the Borough Manager concurring
in the opinion of the professional soils engineer retained on behalf
of the applicant.
9.
On slopes of two horizontal to one vertical, or less steep, the four-foot
level berms will not be required unless deemed necessary by the Borough
Manager.
10.
Drainage ditches with a grade of 7%, or a velocity of less than seven
feet per second, shall be grassed and sloped in such a manner that
they can be conveniently cut and maintained.
11.
Drainage ditches with a grade of 7% or greater, or a velocity more
than seven feet per second, shall be paved with concrete, bituminous
mixture, brick, half pipe, rubble or other hard surface material.
12.
Drainage structures, storm sewers and appurtenances shall be of proper
design and so constructed as to carry surface water and any subsurface
water encountered to the nearest practical storm drain or natural
watercourse approved by the Borough Manager as a safe place to deposit
and receive such waters.
13.
Approval by the Borough Manager shall not relieve the owner of his
legal responsibilities to adjacent property owners.
14.
If, in the opinion of the Borough Manager, the proposed drainage
structures, storm sewers and appurtenances are not adequate, he shall
require the addition of such facilities as necessary to prevent erosion
damage and to satisfactorily carry off both surface waters and subsurface
drainage.
[Ord. 610, 3/14/1973,
§ 15]
1.
The owner of any property on which an excavation or fill has been
made shall maintain in good condition and repair all retaining walls,
cribbing, drainage structures, fences, ground cover and other protective
devices as established by permit.
2.
The continued use of said area shall be contingent upon its maintenance
and upkeep in a manner satisfactory to the Borough and shall be subject
to such further conditions as the Borough may prescribe from time
to time.
3.
The certificate of completion issued under § 9-109, Subsection 6, may at any time be revoked by the Council upon a finding of the Borough Manager that the conditions of the permit are not being observed and that conditions exist that prejudice the health, safety and welfare of any person, persons or property. Such procedure is in addition to the procedure outlined for hazardous conditions in § 9-108, "Abatement of Hazardous Conditions."
[Ord. 610, 3/14/1973,
§ 16]
1.
The top or bottom edge of slopes shall be at least three feet from property or right-of-way lines of streets in order to permit the normal rounding of the edge without encroaching on the abutting property. A fence not less than four feet in height, approved by the Borough Manager and meeting Borough fence requirements, shall be placed at the top of all cuts or fill slopes in excess of 1 1/2 horizontal to one vertical. Before a grading permit is issued, a bond shall be required as provided in § 9-105, to guarantee the protection of steep slopes.
2.
The acceptance by the Borough of such statement of the permit holder
or the issuing by the Borough of a certificate of completion in no
way relieves the permit holder, property owner or future property
owners, from the responsibility to maintain the project in a safe
and acceptable condition.
3.
Whenever it is found that the project or work covered by a Certificate
of Completion has been extended or altered without a permit to do
so; or that any retaining walls, cribbings, drainage structures, fence
or other protective means or device shown on the approved plans and/or
specifications submitted for a permit have not been built, or maintained
in good order and repair, the Borough Engineer shall advise the Borough
Manager of all of the work required to be done so as to make the project
substantial and safe. The Borough Manager shall give written notice
to the property owner, specifying the defective condition(s) and stating
that unless such defective condition(s) is remedied, appropriate legal
action will be taken. Such defective condition(s) shall be remedied
within 30 days from the date of notice to the owner to comply.
[Ord. 610, 3/14/1913, § 17; as amended by Ord.
830, 3/18/1992; and by Ord. 976, 1/16/2008]
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 a violation of any of the provisions of this
Part has been served by the Borough Manager on any person, such violation
shall be discontinued immediately.
3.
Any person, firm or corporation who violates a provision of this Part, or who fails to comply therewith, or with any of the requirements thereof, shall be, upon conviction thereof, sentenced to pay a fine of not less than $100 nor more than $1,000 for each violation, plus court costs and costs of prosecution incurred by the Borough, and in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses. Procedures for collection of fines and penalties for default of payment shall be in accordance with Chapter 1 of this Code.
4.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this Part
found to have been violated. All fines and penalties for the violation
of this Part shall be paid to the Borough Treasurer.
5.
The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin, or abate violations of this
Part.
[Ord. 610, 3/14/1973,
§ 18]
In case any work is performed by any person in violation of
any of the provisions of this Part, the proper officer of the Borough,
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
such violation.
