A.
The purpose of this chapter is to provide minimum standards to safeguard
persons and property 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 operations in the
Borough.
B.
These regulations are adopted and implemented to achieve the following
general purposes and objectives:
The provisions of this chapter shall apply to all grading, excavation,
or fill operations in the Borough unless specifically exempted or
otherwise modified herein.
For the purposes of this chapter, the following words or terms
shall be defined as follows:
The Pennsylvania Municipalities Planning Code (Act of July
31, 1968, Act No. 247, as amended).[1]
The Allegheny County Soils Survey, as prepared by the USDA
Soil Conservation Service.
Any landowner, developer, contractor, subcontractor, option
holder, and any other person who has filed an application for grading,
excavation, fill or combination thereof, including his/her heirs,
successors and assigns, and subsequent landowners of the real property
to which the grading plan relates.
A registered architect licensed as such in the Commonwealth
of Pennsylvania.
Natural rock layer, hard or soft, in place at ground surface
or beneath unconsolidated deposits.
The Borough of Glen Osborne.
A professional engineer registered in the Commonwealth of
Pennsylvania specializing in civil engineering and appointed as such
by the Borough of Glen Osborne.
A professional engineer registered in the Commonwealth of
Pennsylvania and retained by the Borough of Glen Osborne for a specific
purpose. This person shall specialize in the branch of engineering
as specified by the Borough.
A lot, parcel or tract of land on which development is taking
place or where grading, excavation, fill or a combination of such
is proposed or taking place.
A professional engineer registered in the Commonwealth of
Pennsylvania and retained by the applicant to complete a proposed
project. This person must specialize in the branch of engineering
as specified by the applicant.
The detachments and movement of soil or soil fragments by
water, wind, ice or gravity, including such processes as gravitational
creep due to natural or man-made forces.
Any act by which earth, sand, gravel, rock or any other material
is cut into, disturbed, 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 similar
material is deposited, placed, pushed, dumped, pulled, transported
or moved to a new location and shall include the conditions resulting
therefrom.
A normally dry land area adjacent to stream channels that
is susceptible to inundation by over bank stream flows. For regulatory
purposes, the Pennsylvania Floodplain Management Act (Act of October
4, 1978, P.L. 851, No. 166)[2] and regulations pursuant thereto define the floodplain
as the area inundated by a one-hundred-year flood and delineated on
a map by FEMA (Federal Emergency Management Agency) or by the applicant
in accordance with Borough requirements.
The channel of the watercourse and those portions of the
adjoining floodplains which are reasonably required to carry and discharge
a one-hundred-year frequency flood.
The elevation of the existing or proposed ground surface
at the location of any proposed excavation or fill.
Excavation or fill or any combination thereof including the
conditions resulting from any excavation or fill.
Any permit required pursuant to the provisions of this chapter.
The plan which shows the proposed grading, excavation and/or
fill operations for a specific development site.
A danger or potential danger to life, limb or health, or
any 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 and disposition of materials
on pavement.
A registered landscape architect licensed as such in the
Commonwealth of Pennsylvania.
PA Act 287 of 1974 and Act 187 of 1996, as amended,[3] requiring advance notification of 72 hours prior to excavating
for identification and location of underground utility lines.
The application of such material as will produce a dust-free,
all-weather, hard surface.
Any applicant who has received or is the beneficiary of a
grading permit under this chapter.
Either of the following: those slopes as identified on the
Allegheny County Soils Survey Map as steep slopes of 25% or more;
or any area where, in a one-hundred-foot horizontal distance, the
slope exceeds 25%.
A structure composed of concrete, steel or other building
material constructed for the purpose of supporting a cut or filled
embankment and which is greater than six feet in height as measured
on the exposed vertical surface of the wall.
A lot, tract, or parcel of land, or a series of lots, tracts,
or parcels of land, joined together, where grading work is continuous
and performed at the same time.
A registered professional engineer licensed in the Commonwealth
of Pennsylvania and specializing in the branch of geotechnical engineering.
Any man- or machine-made object constructed, erected or placed
on, above or under the soil or water of a lot, parcel or tract of
land by the owner thereof, his agent or representative, or anything
so constructed, erected or placed the use of which demands a permanent
location on the soil, or anything attached to something having a permanent
location on the soil. It shall include dwellings and accessory structures
such as stables, barns, swimming pools, racket courts and any other
similar man-made object having a stationary location on the soil.
Excluded from this definition are: pavements and walkways which provide
ingress and egress to a principal use or accessory structure; on-lot
wastewater disposal systems which are placed on the lot along the
natural contours of the land; and any driveway entrance structure,
fence or wall not exceeding six feet in height. The term "structure"
includes the term "building" and shall be construed as if followed
by the words "or part thereof."
A registered professional land surveyor licensed as such
by the Commonwealth of Pennsylvania.
An act, intentional or unintentional, of violating the requirements
so established; or willful disregard to the governing regulations
and responsibilities.
Those areas that are inundated or saturated by surface- or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs and similar areas. The term includes but is
not limited to wetland areas listed in the Pennsylvania State Water
Plan, the United States Fish and Wildlife Service Wetlands Inventory
Maps, and the Pennsylvania Coastal Zone Management Plan and any wetland
area designated by a river basin commission.
The individual authorized by the Borough to be the administrator
of the daily application of the provisions contained in this chapter
or any regulations promulgated hereunder.
