A. 
Maximum slope steepness of a cut shall be two horizontal to one vertical for minimizing erosion and landslide hazards.
B. 
The top or bottom edge of final slopes shall be set back five feet from adjacent property lines or road right-of-way lines in order to permit the normal rounding of the edge without encroaching on the abutting property or road and to allow for location of proper drainage facilities and protective devices.
C. 
Before commencing any excavation which will in any way affect an adjoining property or structures thereon, the applicant shall be required by the Borough to notify in writing by certified mail, return receipt requested, the owners of the adjacent property or structures at least 30 days prior to the commencement of excavation operations. Copies of all such notices shall be supplied to the Zoning Officer.
D. 
If advised by the Borough Engineer or Consulting Engineer, the Zoning Officer may require an excavation to be made with a cut slope flatter than those specified in this chapter if the material in which the excavation is to be made is subject to excessive erosion or landslides.
E. 
Excavations adjacent to any footing, foundation or structure shall not extend below the minimum 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 otherwise protected against settlement.
A. 
No fill shall be made in the Borough which creates a slope steeper than two horizontal to one vertical, except as provided for under § 79-9C of this chapter.
B. 
The top or bottom edge of final slopes shall be set back five feet from adjacent property lines or road right-of-way lines in order to permit the normal rounding of the edge without encroaching on the abutting property or road and to allow for location of proper drainage facilities and protective devices.
C. 
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:
(1) 
The fill shall be completed within a reasonable length of time as determined by the soils engineer and specified on the grading permit.
(2) 
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 Consulting or Borough Engineer may require that the top and exposed surfaces of the fill be so covered at the completion of each lift.
(3) 
No fill of any kind shall be placed over topsoil, trees, stumps or other material which would create a nuisance, potential fire hazard or sanitary problem such as decomposition which would attract rodents, termites or other pests.
D. 
Where fills are located so that earth movement may result in personal injury or damage to adjacent property, roads or structures, the bearing value and stability of the material under proposed fills and embankments shall be determined by subsurface investigation performed by the applicant's professional engineer and approved by the Borough's Engineer or Consulting Engineer.
E. 
Rock may be incorporated in fills and embankments but only in layers 24 inches thick, maximum, as per the current edition of the Pennsylvania Department of Transportation's Publication 408, with voids filled and a blanket of compacted fill separating one layer of rock from the next. Rock fill shall not be placed near the bottom of foundations, building caissons and subsurface utility installations. Suitable earth shall be reserved or provided to cover rock fill under proposed seeded or planted areas.
F. 
No unsuitable material, including but not limited to coal, boney, reddog, expansive shale, cinders, wood, or solid waste decomposable material, shall be placed in fill areas.
G. 
On any fills or embankments, a toe bench shall be constructed below mantle under the toe of fill.
H. 
Where fills are placed on existing slopes of 5% or more, benching of the existing surface shall be required and indicated on the cross sections.
I. 
A porous drain shall be installed on the bottom and back wall of the toe bench, together with a pipe and suitable discharge pipe to the existing nonerosive surface beyond and below the toe of the proposed fill.
J. 
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 10 feet vertically before the slope is shaped to proper grade.
K. 
At the end of each workday, the horizontal surface of the fill area shall be shaped, compacted and rolled to the outside edge to provide for drainage.
L. 
All fills shall be compacted to provide stability of materials and to prevent undesirable settlement. The fill (except rock fill) shall be spread in layers, not exceeding 12 inches in thickness, as per the current edition of the Pennsylvania Department of Transportation's Publication 408. The Borough may require tests or other information if, in its opinion, the conditions or materials are such that additional information is needed. Wherever fills are to have roads, structures, or utilities placed in or on them, a modified proctor density of 95% shall be achieved (ASTM Test Designation D 1557-78).
The standards and requirements for minimizing soil erosion and sedimentation are found in the Erosion and Sedimentation Pollution Control Ordinance, as amended from time to time.
A. 
If a retaining wall is constructed to satisfy a design or performance standard of this chapter, a building permit, as provided by the Zoning Ordinance,[1] as amended from time to time, may be required in addition to the grading permit.
[1]
Editor's Note: See Ch. 155, Zoning.
B. 
Retaining walls must be designed and constructed in accordance with sound engineering practice. The plans submitted for approval shall bear the signature and the seal of a professional engineer or architect who designed them.
C. 
Repairs to and replacements of an existing retaining wall may be made upon written approval of the Borough Engineer, consistent with sound engineering practices and the applicable provisions of this chapter.
The standards and requirements for stormwater drainage controls are found in any stormwater management ordinance, as amended from time to time.
A. 
The property owner on which a grading, excavation and/or fill operation has taken place shall maintain in good condition and repair any permitted grading, excavation and/or fill and any protective devices which may be a part of the grading, excavation, and/or fill operation.
B. 
If at any time subsequent to the completion of the grading work, the cut face or fill slope shows evident signs of deterioration, erosion or other evidence which might be detrimental to the properties above or below the development site, the Borough, upon the recommendation of the Borough Engineer or Consulting Engineer, may direct the property owner to take whatever necessary remedial steps are deemed necessary to restore the development site to a safe condition and to do so in a reasonable period of time.
C. 
If after such notification the property owner has not made the necessary repairs within the allotted time, Borough Council may direct Borough agents or employees to make the required repairs and the cost shall be borne by the property owner by a lien filed as provided by law.
The following general working conditions shall apply to all development sites:
A. 
Dust control. During grading, excavation, and/or fill operations necessary measures for dust control, including without limitation water spray, shall be utilized.
B. 
Cleanup. All soil washed or carried onto any public or private roads during grading operations shall be cleaned up each day. Temporary driveway or road surfaces shall be provided as soon as possible. The owner of the property being graded, excavated, and/or filled 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, excavation, and/or fill in a reasonable period of time.
A. 
The standards and requirements for environmental protection are found in any environmental assessment ordinance, as amended from time to time.
B. 
The standards and requirements for floodplain management are found in any floodplain management ordinance, as amended from time to time.