[Ord. 563, 11/12/1974, § I]
1.
Title. This Part shall be known and may be cited as the "Borough
of Ben Avon Grading Ordinance."
2.
Purpose. The purpose of this Part is to provide minimum standards
to safeguard persons and property, 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.
[Ord. 563, 11/12/1974, § II]
Wherever used in this Part the following words shall have the
meaning indicated:
The person qualified an officially appointed by the Borough
Council to manage this Part.
The person applying for the grading permit.
Natural rock layer, hard or soft, at ground surface or beneath
unconsolidated surficial deposits.
A person licensed by the Commonwealth of Pennsylvania to
practice engineering and who is knowledgeable in the branch of civil
engineering.
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 condition resulting.
The Council/Board of Supervisors of the Borough of Ben Avon.
Excavation or 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 stream pollution.
A natural person but shall also include a partnership, corporation,
trust or association.
A lot, tract or parcel of land, or a series of lots, tracts,
or parcels of land which are adjoining where grading work is continuous
and performed at the same time.
The unpublished and operational soil survey for Allegheny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 USDA Soil Conservation
Service et al. When applicable, "soil survey" shall mean "Soil Survey,
Allegheny County, Pennsylvania," when this publication is completed.
A person registered by the Commonwealth of Pennsylvania as
a professional engineer and who has training and experience in the
branch of soils engineering.
All parts of combinations of ashes, garbage, refuse, radioactive
material, combustible demolition materials and industrial wastes such
as food-processing wastes, wood, plastic, metal scrap, etc.
[Ord. 563, 11/12/1974, § III]
1.
A grading permit must be obtained from the Administrator for new
grading, excavations and fills; changes, additions or alternations
made to existing excavation or fills 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.
2.
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.
[Ord. 563, 11/12/1974, § IV; as amended by Ord.
752, 1/17/2012]
1.
A grading permit will not be required for any of the following situations:
A.
Grading is limited to mining, quarrying or stockpiling of coal, rock,
sand, aggregate or clay that satisfy requirements of regulations of
the Commonwealth of Pennsylvania.
B.
Grading is limited to solid waste disposal areas or sanitary landfills
operated in accordance with the requirements, rules and ordinances
adopted by the Pennsylvania Department of Environmental Protection
and the Allegheny County Department of Health.
C.
Excavation does not exceed five feet in vertical depth, does not
result in cut and/or fill slope steeper than four horizontal to one
vertical and does not exceed an area of 1,000 square feet for areas
recognized by the soil survey or better source as containing landslide-prone
soils. Better sources recognizing landslide-prone soil areas may be
the Pennsylvania Bureau of Topographic and Geologic Survey, a professional
engineer experienced in geology or an engineering geologist.
D.
Excavation does not exceed 10 feet in vertical depth, does not result
in a cut or fill slope steeper than three horizontal to one vertical
and does not exceed an area of 1,000 square feet in areas of soils
not recognized by the soil survey or better as landslide-prone.
E.
Fill amount does not exceed 100 cubic yards on any one site.
F.
Fill does not exceed 10 feet in vertical depth at its deepest point
measured from the top of such fill to the natural ground surface,
the area of fill does not exceed 1,000 square feet and the slope of
fill is not steeper than three horizontal to one vertical.
G.
Grading does not exceed new construction authorized by a building
permit properly issued by the Borough Council. Grading under the authorization
of a building permit should follow the standards and requirements
of this Part.
H.
Soil excavated under the authorization of a building permit properly
issued by the Borough Council is temporarily stockpiled on the same
site as excavation provided, however, that if the material from such
excavation is thereafter to be used for fill purposes for which a
grading permit is required, such permit must be obtained prior to
such use in accordance with the requirements of this Part. In addition,
if excavated material is stockpiled on a site for a period of longer
than 120 days, then a permit shall be necessary when disposing of
the fill material.
[Ord. 563, 11/12/1974, § V]
1.
Whenever the Borough Council, upon the recommendation of its Administrator, determines that any existing excavation, embankment or fill has become a hazard as defined in § 9-102, the owner of the property upon which the excavation, embankment, or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Administrator shall within the 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 has not made the necessary
repairs within the time adopted, then the Borough Council may direct
government employees or a private contractor to make the required
repairs and the cost thereof shall be borne by the property owner
by a lien filed as provided by law.
[Ord. 563, 11/12/1974, § VI; as amended by Ord.
752, 1/17/2012]
1.
Every applicant for a grading permit shall file a written application
therefor with the Administrator in a form prescribed by the Administrator.
Such application shall:
A.
Describe the land on which the proposed work is to be done by lot,
block, tract or street address, or similar description which will
readily identify and definitely locate the proposed work, and shall
specify the number of cubic yards involved.
B.
The fee schedule for permits is in an amount as established, from
time to time, by resolution of Borough Council.
C.
Be accompanied by plans and specifications prepared, signed and sealed
by a professional engineer, surveyor or architect giving a reasonable
picture of the site and proposed soil erosion controls, if any. The
Administrator may waive the preparation or approval and signature
by the professional engineer, surveyor or architect only when it is
self-evident that the proposed work is simple, clearly shown on the
plans submitted, and creates no potential nuisance to adjacent property
or hazard, and does not include the construction of a fill upon which
a structure may be erected. Such plans shall include a description
of the site proposed for grading; accurate location by lot, block,
tract, street address, longitude and latitude, coordinates, a location
map or other similar information; a contour map showing the present
contours of the land and the proposed contours of the land after completion
of the proposed grading, and a plan showing cross sections of the
proposed cut or fill which show the method of benching both cut and/or
fill. In addition, a plot plan shall show the location of the grading,
boundaries, lot lines, neighboring streets or ways, buildings, surface
and subsurface utilities and waterways. In addition, plans shall include
a description of the type and classification of the soil from the
soil survey or better; details and location of any proposed, drainage
structures and pipes, walls and cribbing; seeding locations and schedules,
debris basins, diversion channels; nature of fill material and such
other information as the Administrator may need to carry out the purposes
of this Part. All plans shall be dated and bear: (1) the name and
deal of the professional engineer who prepared the game; (2) the name
of the applicant; and (3) the owner of the land. Plans shall be submitted
in triplicate, one set of which shall be of reproducible nature.
D.
State the estimated dates for the starting and completion of grading
work.
E.
State the purpose for which the grading application is filed.
2.
The duty of the Administrator shall be to obtain information and
reports from governmental agencies, and scientific and/or engineering
journals, if available, and professional engineers and/or engineering
geologists, if necessary. This information and these reports must
be of sufficient detail to insure that proposed grading will not create
a hazard and that there will be a minimum of soil erosion on the site
to be graded.
3.
To be adequate, a geological report shall include a detailed description
of the geological conditions of the site made include conclusions
and recommendations that will demonstrate the relationship of the
geological conditions to the proposed development, including hazardous
conditions, water resources, mineral resources and environmental impact.
A soil conservation report shall include existing site description
as to topography, drainage cover and soils; major resource problems
as to soil limitations, erosion and sediment soils; major resource
problems as to soil limitations, erosion and sediment potential and
surface runoff changes; and recommendations to minimize soil limitations,
erosion and sediment, and surface water disposal problems.
4.
In no case shall the Administrator require more than minimum adequate
standards, as recommended by governmental agencies, professional engineers
or engineering geologists, and other requirements specified in this
Part, for issuing a grading permit.
[Ord. 563, 11/12/1974, § VII]
1.
Before issuance of a grading permit, the applicant shall post a bond,
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 of said work and facilities in
a satisfactory manner and meeting the requirements of this Part. No
bond shall be required if another bond or other approved security
is posted for construction and/or site improvements.
2.
When all requirements of this permit 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.
[Ord. 563, 11/12/1974, § VIII]
Every grading permit shall expire by limitation and become null
and void if the work authorized by such permit has not been commenced
within six months or is not completed within two years from the date
of issue, provided that the Borough Council, acting upon the recommendation
of the Administrator, may, if the permit holder presents satisfactory
evidence that unusual difficulties have prevented work being started
or completed within the specified time limits, grant a reasonable
extension of time, and provided further, that the application for
the extension of time is made before the date of expiration of the
permit. Any physical changes in the site such as surface water drainage,
moil 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 by the applicant to the Administrator
in the intervening period between approval of permit and completion
of the project.
[Ord. 563, 11/12/1974, § IX]
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 property
of streets or alleys, or create hazardous conditions, the Administrator
shall give due consideration to: possible saturation by rains, earth
movements, run off 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 Borough Council shall consider within 30 days appeals from the
provisions of these regulations or from the denial by the Administrator,
and the Borough Council within 30 days shall consider alternate methods,
standards or materials proposed by the developer when in his opinion
strict compliance with the provisions of these regulations is unnecessary.
Any applicant or permit holder shall have the right to appeal to any
court of competent jurisdiction from any decision of the Borough Council.
[Ord. 563, 11/12/1974, § X]
1.
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.
2.
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.
3.
In special 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. The results of all
soil tests and core borings made relating to the site graded shall
be submitted to the Administrator.
[Ord. 563, 11/12/1974, § XI]
1.
Maximum slope steepness of a cut should 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 from the soil
survey or better. Maximum slopes can then be determined as follows:
2.
Cut, slopes which are steeper than those specified above may be allowed
under a grading permit, provided one or both if the following is 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 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.
B.
A retaining wall or other approved support, designed by a professional
engineer and approved by the Administrator is provided to support
the face of excavation.
3.
The top or bottom edge of slopes shall generally be set back no less
than 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 or endangering the abutting property or street.
4.
Guidelines for cuts 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.
[Ord. 563, 11/12/1974, § XII]
1.
No fill should be placed over trees, stumps or other material which
could create a hazard. Instead, such materials may be buried in natural
ground where no structures will be built or hazard created. Limbs
can be chipped and mixed with the topsoil.
2.
All fills should be compacted to provide stability of fill material
and to prevent undesirable settlement or slippage.
3.
Clean soil or earth should be placed over the top and exposed surfaces
of the fill to a depth sufficient to conceal all materials used in
the fill other than clean soil or earth. If the filling operation
is intermittent, the top and exposed surfaces of the fill should be
so covered at the completion of each lift.
4.
The top or bottom edge of slopes should generally be set back no
less than 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 or endangering the abutting property or street.
5.
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.
[Ord. 563, 11/12/1974, § XIII]
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 guide lines should 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 should be used as
evidence that proposed grading will not constitute a hazard.
[Ord. 563, 11/12/1974, § XIV]
1.
Definition of Retaining Wall. A structure composed of concrete, steel
or other approved building material constructed for the purpose of
supporting 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 well.
2.
If a retaining wall is constructed to satisfy a requirement of this
Part, a building permit, as provided for by other municipal 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 zero inches back 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 insure normal use of the property,
i.e., for a sideline driveway.
B.
The requirement of this paragraph 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. 563, 11/12/1974, § XV]
2.
To prevent damage, grading plans should follow Vegetative Control
Methods and Ditch and Conduit Control Methods in the "Erosion and
Sediment Control Handbook for Allegheny County, Pennsylvania," when
they fit 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 largest size storm
that would occur on the average of every two years.
[Ord. 563, 11/12/1974, § XVI]
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 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.
2.
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 Planning Commission/Council upon the
recommendation of its 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. 563, 11/12/1974, § XVII]
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 building official hereunder, shall relieve any person
from any responsibility for damage to persons or property resulting
therefrom, or as otherwise imposed commendation of by law, nor impose
any liability upon the County for damages to persons or property.
[Ord. 563, 11/12/1974, § XVIII; as amended by Ord.
752, 1/17/2012]
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 of the provisions of this Part has been
served by the Administrator on any person, such violation shall be
discontinued immediately or within a reasonable time limit specified
in such notice. If violation is not discontinued, or extends beyond
the specified time limit, the Administrator shall revoke the grading
permit and the violation is subject to fine.
3.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof, shall be sentenced to 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. Whenever
such person shall have been notified by the Administrator by service
of summons in a prosecution or in any other way that he is committing
such violation of this Part, each day that he shall continue such
violation after such notification, shall constitute a separate offense
punishable by a like fine or penalty. Such fines or penalties shall
be, collected as like fines or penalties are now by law collected.
[Ord. 563, 11/12/1974, § XIX]
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
of Ben Avon in addition to other remedies, may institute in the name
of the Borough, any appropriate action or proceedings, whether by
legal process or otherwise, to prevent such unlawful work and to restrain
or abate such violation.
