[HISTORY: Adopted by the Borough Council of the Borough of
Oakdale 6-3-2010 by Ord. No. 2010-4. Amendments noted where applicable.]
A.
The purpose of this chapter is the protection and safeguarding of
life, health, property and the general welfare by regulating and controlling
the design, construction and quality of materials to be used in the
grading of property within the Borough of Oakdale, Allegheny County,
Pennsylvania.
B.
New excavations, fills and grading or alterations, additions and repairs made to existing excavations, fills and grading shall conform to the provisions of this chapter. From and after the effective date of this chapter, any subdivision or land development approved under Chapter 315, Subdivision and Land Development, or Chapter 375, Zoning, shall be in conformity with this chapter.
The Zoning Administrator of the Borough of Oakdale shall be
responsible for the administration and enforcement of this chapter,
and the Grading Administrator shall review the application and permit.
A.
In this chapter, the singular shall include the plural, the plural
shall include the singular, and the masculine shall include the feminine
and the neuter.
B.
BOROUGH ENGINEER
CLEAN FILL
CLEARING
CUT
EARTH DISTURBANCE
EMBANKMENT
ENGINEERED FILL
EROSION
EROSION AND SEDIMENTATION CONTROL MEASURES
EXCAVATION
FILL (EMBANKMENT)
GEOTECHNICAL ENGINEER
GRADE
GRADING
GRADING ADMINISTRATOR
PADEP
REGULATED EARTH-DISTURBANCE ACTIVITY
RETAINING WALL
RUNOFF
SEDIMENT
SITE
SLOPE
SOIL
STORMWATER MANAGEMENT
VEGETATIVE GROUND COVER
WATERCOURSE
ZONING ADMINISTRATOR
As used in this chapter, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
A person registered by the Commonwealth of Pennsylvania as
a professional engineer in the field of civil engineering and appointed
by the Borough to review information and materials submitted in conjunction
with this chapter.
Uncontaminated, non-water-soluble, non-decomposable, inert,
solid material. The term includes soil, rock, stone, dredged material,
used asphalt, and brick, block or concrete from construction and demolition
activities that are separate from other waste and are recognizable
as such. The term "used asphalt" does not include milled asphalt or
asphalt that has been processed for reuse.
Any activity which removes vegetative ground cover, and includes
root mat or topsoil removal.
(See also "excavation.") A portion of land surface or area
from which earth has been removed by excavation. The difference in
elevation between a point on the original ground and designated point
of lower elevation of the final grade.
The construction or other human activity which disturbs the
surface of the land, including, but not limited to, clearing and grubbing,
grading, excavations, embankments, road maintenance, building construction,
and the moving, depositing, stockpiling, or storing of soil, rock
or earth materials.
See "fill."
Soil or crushed stone that is compacted and used as fill.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity, including such processes as gravitational
creep. The removal of surface materials by the action of natural elements.
Natural or engineered structures or devices which filter
runoff and collect sediment.
See also "cut." Any act by which earth, sand, gravel, rock
mineral substances, or organic substance, other than vegetation, is
dug into, cut, quarried, uncovered, removed, displaced, relocated,
or bulldozed, including the conditions resulting therefrom.
Any act by which earth, sand, gravel, rock, or any other
material is placed, pushed, dumped, pulled, transported, or moved
to a new location above the natural surface of the ground or on top
of the stripped surface, including the conditions resulting therefrom.
The difference in elevation between a point on the original ground
and designated point of higher elevation on the final grade. The material
used in the act of filling, creating embankments, or backfilling previously
excavated areas. See also "engineered fill" and "clean fill."
A person registered by the Commonwealth of Pennsylvania as
a professional engineer in the field of civil engineering and who
has training and experience in the branch of soils engineering.
The existing slope of the earth or the placement of fill
materials to create a slope. Also, the gradient of a slope, road or
other surface.
Any excavation, or filling, or combination of any act where
earth, sand, gravel, rock, or combination of earthen and man-made
material is placed, pushed, dumped, pulled, transported, or moved
to a new location above or below the natural surface of the ground,
including the conditions resulting from any excavation or fill. The
process or means of excavating an area or using excavated material
to alter ground elevations or contours.
The Borough Engineer, or employee of, or agent appointed
by the Borough of Oakdale to administer the provisions of this chapter.
Pennsylvania Department of Environmental Protection.
Under 25 Pa. Code Chapter 92, a PADEP NPDES construction
activities permit is required for any earth disturbance activity of
one acre or more with a discernible, confined and discrete discharge
point to surface waters or the Borough's storm sewer system,
or five acres or more regardless of the planned runoff. This includes
earth disturbance on any portion of, or during any stage of, a larger
common plan of development.
A wooden, reinforced concrete or masonry wall that is engineered
for the purpose of retaining (or holding back) soil.
The portion of rainfall, melted snow, irrigation water, and
any other liquid that flows across the ground surface and is eventually
returned to streams. Overland or channeled water flowing downhill
from a site. Types include surface runoff, groundwater runoff or seepage.
Solid material, both mineral and organic, that is suspended
in water, is being transported or has been moved from its site of
origin by air, water, gravity or ice.
A lot, tract or parcel of land, or a series of lots, tracts
or parcels of land, including public lands or rights-of-way, where
any earth-disturbance activities are planned, conducted or maintained.
The face of an embankment or cut section. Any ground surface
that creates an angle with the plane of the horizon, usually expressed
in a percentage based upon vertical difference in feet per 100 feet
of horizontal distance, or as a ratio of vertical feet to horizontal
feet.
The top layer of the Earth's surface, containing unconsolidated
rock and mineral particles mixed with organic material.
A system of natural or engineered structures which collect
and transport runoff through or from a drainage area to a point of
final outlet, including but not limited to any of the following: conduits
and appurtenant features, canals, channels, ditches, swales, streams,
culverts, streets, detention or retention ponds and tanks, and pumping
stations.
Indigenous or introduced trees, shrubs, vines, ground covers,
and herbaceous materials.
Any natural or artificial conveyance of surface water, such
as a stream, creek, ditch, channel, canal, or culvert, in which water
flows in a definite direction or course, either continuously or intermittently,
and has a defined channel bed and banks, including any area adjacent
thereto subject to inundation by reason of overflow or floodwater.
The employee of the Borough of Oakdale charged with administration
of all zoning issues, as well as oversight of such items hereinafter
outlined.
All exemptions must be reviewed and recommended by the Grading
Administrator. The following activities may be exempt from the provisions
of this chapter:
A.
Normal agricultural crop operations, including plowing, clearing,
grading, and grubbing;
B.
An excavation which does not exceed three feet in vertical depth
at its deepest point measured from the natural ground surface and
covering a surface area of less than 5,000 square feet, provided that
the surfaces of such excavation do not have a slope at any point steeper
than four horizontal to one vertical. Note that exemption in this
category does not necessarily exempt the applicant from obtaining
a permit for the placement of fill associated with such excavation;
C.
A fill which does not exceed 500 cubic yards of material on any one site and does not violate the conditions of Subsection B, above;
D.
Soil excavated under the authorization of a properly issued building
permit which is temporarily stockpiled on the same site as the excavation.
If, however, 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;
E.
Exploratory excavations under the direction of a geotechnical engineer;
F.
Excavations for wells, tunnels, public utilities or cemetery graves;
G.
A permit shall not be required for work performed by the Borough,
or of contractors employed by the Borough, in a public street or alley,
Borough park, playground or recreation area or on other Borough property;
H.
The removal of dead, diseased or damaged trees which constitute a
hazard to life or property; and
I.
Stockpiling and handling of earth material associated with commercial
quarry operations licensed under the authority of the State Department
of Natural Resources and the State Open Mining Act of 1970,[1] or current jurisdictional agencies.
[1]
Editor's Note: So in original. References appear to be to
State of Washington department and statute.
J.
Construction of a retaining wall of four feet or less in height,
as measured from the top-of-wall footer, or from the lowest course
of wall material, to the top of wall, unless failure of such a wall
could impact or cause damage to adjoining property or public roads
and rights-of-way.
A grading permit must be obtained from the Borough for any of
the following activities:
B.
All grading, excavations, fills, changes, additions, or alterations
made to existing excavations or fills. A separate grading permit shall
be required for each site. One permit may cover the grading, excavation
and fill made on the same site. If excavated material is to be removed
from a grading site, it shall be noted on the application. Such off-site
disposal may require the securing of a separate permit.
C.
Any earthmoving activity which disturbs, modifies, blocks, diverts
or otherwise adversely affects the natural overland or subsurface
flow of stormwater. This includes the construction, erection or installation
of any drainage dam, ditch, culvert, drainpipe, bridge or other structure
or obstruction affecting the drainage of any premises.
D.
Construction of any retaining wall, or series of walls exceeding
six feet in total height, as measured from the top-of-wall footer,
or from the lowest course of wall material, to the top of wall. Note
that any retaining wall exceeding four feet in height will also require
a building permit.
A.
Public protection.
(1)
Dust control. During grading operations, necessary measures for dust
control will be exercised.
(2)
Cleanup. All soil washed or carried onto public streets during grading
operations shall be cleaned up every day. Temporary driveway or road
surfaces shall be provided as soon as possible. The owner of 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.
(3)
Fencing:
(a)
The Borough reserves the right to review the as-built condition of all cut or fill slopes which are steeper than two horizontal and one vertical, and 10 or more feet in total height, and require a fence of not less than four feet in height and of a design meeting the approval of the Borough. Hazard conditions: Whenever the Grading Administrator determines that any existing excavation, embankment, or fill has become a hazard, as defined in § 175-11 of this chapter, 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 from the Grading 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.
(b)
If, after such notification, the property owner, or his agent,
has not made the necessary repairs within the time specified, then
the Council may direct Borough 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.
(4)
Workdays. None of the work or activity covered by a grading permit
shall be conducted on a Sunday or legal holiday without the approval
of the Borough or Borough's designated representative.
(5)
Work hours. All of the work and activity covered by a grading permit
shall be conducted between the hours of 7:00 a.m. and 6:00 p.m., unless
these time limits are extended, excused or otherwise modified by the
Council or its designated representative.
(6)
Diversion of water. Grading will not be done in such a way as to
divert water onto the property of another landowner, except into a
natural watercourse, without the written consent of that landowner
and in accordance with the approved plan for managing stormwater runoff
on the grading site.
B.
Environmental protection.
(1)
Conservation of natural features. In order to prevent the denuding
of the landscape, large trees and other natural features constituting
important physical, aesthetic, and economic assets to existing or
impending development work shall be preserved, when possible. All
grading shall be kept to the absolute minimum.
(2)
Topsoil preservation. All of the topsoil from areas where cuts and
fills have been made should be stockpiled and distributed uniformly
after grading. All areas of the site shall be stabilized by seeding
or planting.
(3)
Performance principles:
(a)
Stripping of vegetation, regrading, or other development shall
be done in such a way that will minimize erosion.
(b)
Development plans shall preserve salient natural features, keep
cut and fill operations to a minimum, and ensure conformity with topography
so as to create the least erosion potential and adequately handle
the volume and velocity of surface water runoff.
(c)
Whenever feasible, natural vegetation shall be retained, protected,
and supplemented.
(d)
The disturbed area and duration of exposure shall be kept to
a practical minimum. Disturbed soils shall be stabilized as quickly
as practicable.
(e)
Temporary vegetation and/or mulching shall be used to protect
exposed critical areas during development.
(f)
The permanent final vegetation and structural erosion control
and drainage measures shall be installed as soon as practical in the
development.
(g)
Provisions shall be made to effectively accommodate the increased
runoff caused by changed soil and surface conditions during and after
development. Where necessary, the rate of surface water runoff shall
be structurally retarded.
(h)
Sediment in the runoff water shall be trapped until the disturbed
area is stabilized by the use of debris basins, sediment basins, silt
traps, and similar measures.
(4)
Erosion and sedimentation control: compliance with regulations and
procedures.
(a)
No changes shall be made in the contour of the land, and no
grading, excavating, removal, or destruction to the topsoil, trees,
or other vegetative cover of the land shall be commenced until such
time that a plan for minimizing erosion and sedimentation has been
reviewed by the Grading Administrator and/or the Allegheny County
Conservation District, or there has been a determination by the above
entities that such a plan is not necessary.
(b)
The Pennsylvania Department of Environmental Protection (PADEP)
has regulations that require an erosion and sediment control plan
for any earth-disturbance activity of 5,000 square feet or more, under
conditions specified in 25 Pa. Code § 102.4(b).
(c)
In addition to the performance principles listed above, the
current edition of the PADEP "Erosion and Sediment Pollution Control
Program Manual" shall constitute the guidelines for minimizing erosion
and sediment and in preparing plans and reports.
(d)
Evidence of any necessary permit(s) for regulated earth-disturbance
activities from the appropriate PADEP regional office or the Allegheny
County Conservation District must be provided to the Borough prior
to commencement of any grading operations.
(e)
A copy of the erosion and sediment control plan and any required
permits, as required by PADEP regulations, shall be available at the
project site at all times.
C.
Stormwater management. Adequate provisions shall be made to manage
stormwater runoff safely on the grading site. Stormwater management
controls shall be designed so that the peak rate of runoff (discharge)
from all stormwater outfalls on the site conforms to the applicable
stormwater management performance standards of the Borough.[1]
(1)
All stormwater management plans for activities within the Borough
shall demonstrate post-construction compliance with state water quality
standards.
(2)
To control post-construction stormwater impacts from regulated earth-disturbance
activities, state water quality requirements can be met by best management
practices (BMPs), including site design, which provide for replication
of preconstruction stormwater infiltration and runoff conditions,
so that post-construction stormwater discharges do not degrade the
physical, chemical or biological characteristics of the receiving
waters. As described in the DEP Comprehensive Stormwater Management
Policy (No. 392-0300-002, September 28, 2002), this may be achieved
by the following:
(a)
Infiltration: replication of preconstruction stormwater infiltration
conditions;
(b)
Treatment: use of water quality treatment BMPs to ensure filtering
out of chemical and physical pollutants from the stormwater runoff;
and
(c)
Streambank and streambed protection: management of volume and
rate of post-construction stormwater discharges to prevent physical
degradation of receiving waters (e.g., from scouring and erosion).
(3)
The BMPs must be designed to protect and maintain existing uses (e.g.,
drinking water use, cold water fishery use) and maintain the level
of water quality necessary to protect those uses in all streams and
to protect and maintain water quality in special protection streams,
as required by statewide regulations at 25 Pa. Code Chapter 93 (collectively
referred to as "state water quality requirements").
(4)
The DEP has regulations that require municipalities to ensure design,
implementation and maintenance of BMPs that control runoff from new
development and redevelopment after regulated earth-disturbance activities
are complete. These requirements include the need to implement post-construction
stormwater BMPs with assurance of long-term operations and maintenance
of those BMPs.
D.
Vegetation and revegetation. In addition to the erosion and sedimentation
controls required for the protection of the land during construction,
the following standards shall apply:
(1)
Vegetation shall be removed only when absolutely necessary, e.g.,
for buildings, filled areas, and roads.
(2)
Vegetation sufficient to stabilize the soil shall be established
on all disturbed areas as each stage of grading is completed.
(3)
Either the grading plan or a separate landscaping plan shall specify
the revegetation and slope stabilization of all disturbed ground.
(4)
All disturbed soil surfaces shall be stabilized or covered prior
to the first day of November, unless approved by the Grading Administrator.
If the planned impervious surfaces (e.g., roads, driveways, parking
lots, etc.) cannot be established prior to November, a temporary treatment
adequate to prevent erosion shall be installed on those surfaces.
(5)
The property owner shall be fully responsible for any destruction
of native vegetation proposed for retention. He shall carry the responsibility
both of his own employees and for all subcontractors from the first
day of grading until release by the ownership. The developer shall
be responsible for replacing such destroyed vegetation. The use of
qualified personnel experienced and knowledgeable in the practice
of revegetation shall be required.
E.
Maintenance.
(1)
The owner of any property upon which an excavation or fill has been
made shall maintain in good condition and repair the excavation or
fill constructed 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 graded sites, the Grading Administrator may direct
the property owner to take necessary remedial steps in accordance
with sound engineering practice to restore the grading of a safe condition,
and to do so in a reasonable period of time.
(3)
Whenever sedimentation damage is caused by stripping of vegetation,
grading, or other development processes, it shall be the collective
responsibility of the owner, and of the contractor, person, corporation,
or other entity causing such sedimentation, to remove it from all
adjoining surfaces, drainage systems, and watercourses and to repair
any damage at his expense as quickly as possible.
(4)
Maintenance of all erosion and sedimentation control facilities during
the construction and development period is the responsibility of the
owner.
(5)
It is the responsibility of any owner, and any person, corporation,
or other entity conducting any act on or across a communal stream,
watercourse, or swale, or within a floodplain or right-of-way, to
maintain as nearly as possible in its present state the stream, watercourse,
swale, floodplain, or right-of-way during the course of the activity
and to return it to its original or equal condition after such activity
is completed.
(6)
The owner or developer shall provide and install, at his expense,
in accordance with Borough requirements, all drainage and erosion
control improvements (temporary and permanent) shown on the erosion
and sedimentation control plan.
F.
Lot grading for subdivisions and land developments:
(1)
Blocks and lots shall be graded to provide proper drainage away from
buildings and to prevent the pooling of stormwater. A minimum 2% slope
away from buildings shall be required.
(2)
Lot grading shall be of such design as to carry surface waters to
the nearest practical street, storm drain, or natural watercourse.
Where drainage swales are used to deliver surface waters away from
buildings, their grade shall not be less than 1% or more than 4%.
These swales shall be sodded, planted, or lined as required.
G.
Construction in stream channels or wetlands shall conform to criteria
established by the PADEP or the United States Army Corps of Engineers.
H.
Grading in designated floodplain areas.
(1)
General.
(a)
Where not prohibited by this or any other laws or ordinances,
land located in any designated floodplain area may be platted for
development with the provision that the developer construct all buildings
and structures to preclude flood damage in accordance with this and
any other laws and ordinances regulating such development.
(b)
No subdivision or land development, or part thereof, shall be
approved if the proposed development or improvements will, individually
or collectively, increase the 100-year-flood elevation more than one
foot at any point.
(c)
Building sites for residences or any other type of dwelling
or accommodation shall not be permitted in any floodway area. Sites
for these uses may be permitted outside the floodway area in a floodplain
area if the lowest floor (including basement) is elevated to the regulatory
flood elevation. If fill is used to raise the elevation of a site,
the fill area shall extend laterally for a distance of at least 15
feet beyond the limits of the proposed structures.
(d)
Building sites for structures or buildings other than for residential
uses shall not be permitted in any floodway area. Sites for such structures
and buildings outside the floodway in a floodplain area shall be protected
as provided above. However, the Borough Council may allow the subdivision
or development of areas or sites for commercial and industrial uses
at an elevation below the regulatory flood elevation if the developer
otherwise protects the area to that height or assures that the buildings
or structures will be floodproofed to the regulatory flood elevation.
(e)
If the Borough Council determines that only a part of a proposed
plat can be safely developed, it shall limit development to that part
and shall require that development proceed consistent with this determination.
(f)
When a developer does not intend to develop the plat himself
and the Borough Council determines that additional controls are required
to ensure safe development, they may require the developer to impose
appropriate deed restrictions on the land. Such deed restrictions
shall be inserted in every deed and noted on every recorded plat.
(2)
Drainage facilities.
(a)
Storm drainage facilities shall be designed to convey the flow
of surface waters without damage to persons or property. The system
shall provide for drainage at all points along streets, and provide
positive drainage away from buildings and on-site waste disposal sites.
(b)
Plans shall be subject to the approval of the Borough Council.
The Council may require a primary underground system to accommodate
frequent floods and a secondary surface system to accommodate larger,
less frequent floods. Stormwater management plans shall be consistent
with local, county, and regional drainage plans. The facilities shall
be designed to prevent the discharge of excess runoff onto adjacent
properties.
(3)
Streets and driveways. The finished elevation of proposed streets
and driveways shall be not more than one foot below the regulatory
flood elevation. Profiles and elevations of streets and driveways
shall be submitted with the final plan to determine compliance with
this requirement and other provisions of this chapter. Drainage openings
shall be sufficient to discharge flood flows without unduly increasing
flood heights.
(4)
Sewer and water facilities and other utilities. All public or private
sanitary sewer systems, water systems, gas and electric utilities,
and other utilities and facilities located in any designated floodplain
area shall be floodproofed up to the regulatory flood elevation.
A.
Recommended maximum slope steepness of a cut shall be two horizontal
to one vertical for minimizing erosion and landslide hazard. This
maximum limitation is most desirable as it can be maintained as lawn
area. However, a government review agency, professional engineer,
or geotechnical engineer may recognize the types of soil on other
sites to be graded from the soil survey or a more detailed professional
field analysis. Maximum slopes can then be determined as follows:
(1)
Cut slopes which are steeper than 2:1 may also be allowed under a
grading permit through the utilization of retaining walls, with the
approval of the Grading Administrator and the Planning Commission.
The developer must show that the slope/wall combination is absolutely
necessary to develop the property.
B.
The Grading Administrator may require an excavation to be made with
a cut face flatter in slope than one horizontal to one vertical if
he finds that the soil or other material from which the excavation
is dug is highly susceptible to erosion or if other conditions necessitate
a flatter slope. In such cases, the Grading Administrator shall specify
a maximum allowable slope.
C.
The top or bottom edge of slopes shall generally be set back five
feet from the adjacent property lines in order to permit the normal
rounding of the edge.
D.
All blasting which is conducted in the Borough shall be in conformity
with state requirements and shall be in compliance with the Act of
1957, July 10, P.L. 685, 73 P.S. §§ 164 through 168,
as amended, and the Department of Labor and Industry rules and regulations
promulgated pursuant to the aforesaid statute.
A.
All topsoil shall be removed from the area to be graded and stockpiled
at an approved location and preserved for possible reuse on the site.
B.
The site shall be prepared by cutting toe benches and other keyways
so as to provide a firm base on which to place the fill. No fill or
embankment shall be made on landslide-prone soils without adequate
engineering preparation and drainage of the area to be filled.
C.
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.
(1)
The fill, in the judgment of the Grading Administrator, 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, buildings, storm drains or drainageways.
(2)
A soils capability and geological report, signed and sealed by a
professional engineer experienced in erosion control and soils analysis,
or landscape architect, 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 and that creation
of a hazard will be minimal shall be submitted to and may be approved
by the Zoning Administrator.
D.
The Grading Administrator may require that an embankment or 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.
E.
Fills, embankments and finish grading shall be designed in accordance
with the following:
(1)
Where fills are located so that earth movement may result in personal
injury or damage to adjacent property, streets, alleys or buildings,
the bearing value and stability of the material under proposed fills
and embankments shall be determined by subsurface investigation performed
by a soils engineer or engineering geologist.
(2)
The type of fill material available in each stage of the grading
operation shall be determined in order to plan proper filling procedures.
(a)
Rock may be incorporated in fills and embankments, but only
in layers 24 inches thick, maximum, as per the Pennsylvania Department
of Transportation Specifications 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 proposed
foundations, building caissons and subsurface utility installations.
Suitable earth shall be reserved or provided to cover rock fill under
proposed seeded or planted areas.
(b)
No unsuitable material, such as coal, bony, red dog, expansive
shale and cinders, shall be placed in fill areas.
(c)
Wood or other solid waste material shall not be placed in fill
areas.
(3)
No fill or any kind shall be placed over topsoil, trees, stumps or
other material which would create a nuisance, potential fire hazard,
or sanitation problem which would attract rodents, termites or other
pests.
(4)
On major fills or embankments, a toe bench shall be constructed below
mantle on bedrock under the toe of fill.
(5)
Benching of the existing surface shall be required and indicated
on the cross sections.
(6)
A porous drain shall be installed on the bottom and back wall of
the toe bench; together with a drainpipe and suitable discharge pipe
to the existing nonerosive surface beyond and below the toe of the
proposed fill.
(7)
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.
(8)
At the end of each workday, the horizontal surface of the fill shall
be shaped, compacted and rolled to provide for drainage.
(9)
All fills shall be compacted to provide stability of materials and
to prevent undesirable settlement. The fill (excepting rock) shall
be spread in a series of layers, each not exceeding 12 inches in thickness
and shall be compacted by a sheepsfoot roller or other approved method
after each layer is spread. Fill shall be placed at the optimum moisture
content for the specified degree of compaction. The Grading Administrator
may require tests or other information if, in his opinion, the conditions
or materials are such that additional information is needed. Where
fills are to have streets, structures, or public utilities placed
in or on them, a modified proctor density of 95% shall be achieved
(ASTM test designation D 1557).
(10)
The top or bottom edge of final slopes shall be set back five
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 and to allow for location of proper
drainage facilities and protective devices.
A.
When the topography and natural condition of the property are such
that a ground slope of two horizontal to one vertical is not feasible,
the Zoning Administrator and Planning Commission may consider the
submission of a grading plan showing a retaining wall and ground slope
combination that would be aesthetically acceptable and will be subject
to approval of the Borough Council.
B.
Criteria for the acceptance of such a combination shall, as a minimum,
provide:
(1)
That the retaining wall not exceed a height of six feet, as measured
from the top of the footer, or in the absence of a footer, the bottom
of the first course of wall material, to the top of wall.
(2)
An exception for a wall, or series of walls, exceeding six feet in height may be considered, with written application and submittal of additional documentation as specified by § 175-10 of this chapter.
(3)
That if the plan incorporates terracing, that the gradient of the
slope between retaining walls not exceed two horizontal to one vertical
and that the diagonal distance between walls be at least equal to
the height of the retaining wall.
(4)
When a stable natural rock ledge is existing, as established by a
written statement from a soils engineer, a similar design of rock
ledge and ground slope combination may be considered by the Grading
Administrator.
C.
When a retaining wall is proposed to satisfy a requirement of this
chapter, a wall detail must be submitted reflecting sound engineering
practices bearing the seal of a professional engineer, architect or
surveyor. A permit is required unless the wall detail is shown on
a site plan or similar construction plan which has been reviewed by
the Grading Administrator.
D.
The backfilling of retaining walls and the insertion of subterranean
drainage facilities shall be done strictly in accordance with the
other provisions of this chapter and the appropriate Borough specifications,
if any.
E.
In general, where a wall is replacing an exposed slope, the vertical
face of the wall shall be set back a minimum of five feet from the
adjoining property.
(1)
An exception to this requirement may be applied for and granted by
the Grading Administrator if it can be satisfactorily demonstrated
that such an exception is necessary to permit normal use of the property,
i.e., for a sideline driveway or other reasonable consideration.
(2)
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
permit.
A.
Every applicant for a grading permit shall file a written application
thereof with the Borough. Such applicant shall provide the following
information:
(1)
A description of 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;
(2)
The name, address and telephone number of the owner of the land;
(3)
The name, address and telephone number of the applicant and/or contractor,
if different;
(4)
A description of the site proposed for grading and the purpose for
which the grading application is filed;
(5)
Estimated quantity of cut and/or fill in cubic yards; and
(6)
Estimated dates for the commencement and completion of grading work.
(7)
If truckloads or trailer loads of soil are to be removed from or
delivered to the site, a description of truck travel routes must be
approved by the Borough. Evidence of approval from a state or county
agency, where required, shall also be provided.
B.
The written application shall be accompanied by plans and specifications
prepared, signed, and sealed by a professional engineer or surveyor
or landscape architect. Applicants for site plan review may incorporate
their grading plan in the site plan sheet set. Applicants for subdivisions
or land developments shall incorporate the requirements for a grading
plan in the preliminary plan review application. Such plans shall
be dated, drawn at the scale of one inch equals 20 feet or as approved
by the Grading Administrator, and shall include:
(1)
Accurate location by lot, block, tract, street address, a location
map, or other similar information;
(2)
The name, address and telephone number of the owner of the land;
(3)
The name and seal of the professional engineer or surveyor who prepared
the plans;
(4)
A plan showing the present and proposed contours of the land after
completion of the proposed grading at intervals of not less than two
feet or as approved by the Grading Administrator;
(5)
A plan showing cross-sections of the proposed cut or fill which show
the method of benching both cut and/or fill;
(6)
The location of the grading boundaries, lot lines, names of adjoining
lot owners, neighboring streets or ways, buildings, surface and subsurface
utilities, and waterways;
(7)
A plan note stating whether excavated material is to be used exclusively
as on-site fill or if it is to be removed from the site. If material
is to be removed from the site, the location and quantity of such
disposal must be stated in the application. A separate grading permit
may be required for each such off-site fill;
(8)
A description of the types and classifications of the soil from the
Unites States Department of Agriculture Soil Survey, or better;
(9)
Details and location of any existing or proposed stormwater management
facilities or drainage control structures, pipes, walls, and cribbing;
(10)
Seeding and/or planting locations and schedules, topsoil stockpile
locations, perimeter sediment controls, and construction entrances;
and
(11)
Nature of the fill material and such other information as the
Grading Administrator may need for review in order to carry out the
purpose of this chapter.
C.
Eight copies of the plan shall be submitted (except for grading on
a single-family lot), one of which shall be reproducible in nature.
D.
The Grading Administrator may require from the applicant, or the
applicant's engineer, 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
ensure that proposed grading will not create a hazard and that there
will be a minimum of soil erosion on the site to be graded. Additional
material may consist of the following information:
(1)
Geological report as prepared by a geotechnical engineer, including
a detailed description of the geological conditions of the site; including
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.
(2)
Soil erosion and sedimentation control plan and narrative, including
an existing site description as to topography, drainage, cover, and
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.
(3)
Stormwater management plan and narrative:
(4)
Design calculations.
(5)
Retaining wall calculations.
E.
Application fees. The Grading Administrator shall receive the applications
and shall collect all fees, escrows and required bonds. Grading fees
will be based on the volume of materials to be graded in accordance
with the Schedule of Fees as adopted by the Borough Council by resolution
from time to time.[1] The applicant shall also be responsible for engineering
and legal fees, costs and expenses associated with additional review
for the determination as to adherence to the provisions of this chapter
and for enforcement of this chapter.
[1]
Editor's Note: The current Schedule of Fees is on file in
the Borough offices.
A.
Review. All grading plans shall be submitted to the Zoning Administrator within the same time limits prescribed for the review of site plans. The Grading Administrator shall review the application and make a written report. The stormwater management plan for the grading site shall be reviewed and approved according to the provisions of Chapter 315, Subdivision and Land Development.
B.
Plan approval.
(1)
The granting of a permit under this chapter by the Borough of Oakdale
shall not relieve the applicant of the duty to obtain any other permits
which may be required by the laws of the United States, the Commonwealth
of Pennsylvania, or the County of Allegheny.
C.
Plan denial. A grading permit can be denied for the following reasons:
(1)
When, in the opinion of the Grading Administrator, work proposed
by the applicant does not comply with the provisions of this chapter
or other Borough ordinance or is likely to endanger any property or
person, or any street or alley, or create hazardous conditions. In
determining whether the proposed work is likely to endanger any property
or any street or alley, or create hazardous conditions, the Grading
Administrator shall give due consideration to possible saturation
by rains, earth movements, runoff surface waters, and subsurface conditions
such as the stratification and faulting for rock, springs and the
nature and type of the soil or rock.
D.
Plan appeals. The Borough Council shall within 45 days consider appeals from the decision of the Zoning Administrator and shall consider alternate methods, standards or materials proposed by the developer when, in its opinion, strict compliance with the provisions of this chapter is unwarranted or creates a hardship. Any modifications of the applicable stormwater management standards, particularly the standards governing allowable peak rate of runoff, shall be determined to be consistent with Chapter 300, Stormwater Management. Any applicant or permit holder shall have the right to appeal to any court of competent jurisdiction from any decision of the Council within 30 days of its decision.
E.
Expiration of permit. 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 one
year from the date of issuance. A permit holder, prior to such expiration,
may make written request to the Borough for an extension of the grading
permit. Such extension should be granted unless, in the opinion of
the Grading Administrator, further delay in completing the work or
changes in conditions prevailing at the time when the original permit
was granted will endanger property or human health and safety. The
period of extension shall be no longer than the reasonable time needed
to complete the work authorized by the permit, and in no case shall
exceed one year.
A.
Before issuance of a grading permit, the Zoning Administrator shall
require the applicant to post an escrow to cover construction administration
and inspection costs in cash plus a performance bond, corporate surety,
or other approved security in the amount of 20% of the estimated cost
of grading work and other control facilities proposed, to guarantee
that said work and facilities will be completed in a satisfactory
manner and meet the requirements of this chapter. Said escrow will
be established by an estimate prepared by the applicant or its agents
for review and approval by the Grading Administrator. No bond shall
be required if another bond or other approved security is posted for
construction and/or site improvements which covers the cost of the
grading and other control facilities. When all requirements of this
permit have been met and the work has been completed in a satisfactory
manner, the security shall be replaced with a maintenance bond guaranteeing
the work for a period of two years after completion thereof.
B.
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 Grading Administrator's
estimated cost of adequately covering such fill with clean soil or
earth has been furnished to the Borough. Such bond shall be executed
by a 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 Grading Administrator.
In lieu of such bond, a cash deposit or a certified check in the same
amount may be made with the Borough Treasurer.
C.
Notifications. Once a permit has been issued, the permit holder shall
notify the Grading Administrator at least 24 hours in advance of the
commencement of each of the following operations in order that an
inspection of the work may be conducted:
D.
Inspection.
(1)
All inspections will be performed by the Grading Administrator or,
in his absence, a qualified person acceptable to the Grading Administrator
and the Borough.
(2)
Inspections will be carried out on a random basis, except as stated
below.
(3)
A set of as-built plans provided by the applicant shall be on file
at the site and authenticated by a registered professional engineer.
When it is deemed acceptable to the Grading Administrator, a designated
qualified person may authenticate the as-built plans and will assume
full responsibility for the quality of work.
(4)
Any and all as-built plans shall be available on the site at all
times and be subject to inspection and inquiry.
(5)
Engineering inspection reports shall accompany all as-built plans
which involve structural or mechanical measures and shall serve as
supporting evidence that structures meet design standards and specifications
specified herein.
(6)
If at any time a permit applicant or permit holder refuses to allow
the Grading Administrator to inspect a work site, the application
for that work site may be summarily denied, or any permit already
issued for that work site may be revoked or suspended.
(7)
If at any stage of the work the Grading Administrator shall determine
by inspection that the work is not in compliance with the provisions
of this chapter or of the grading permit, he shall issue a written
notice of noncompliance specifying the work needed to remedy the noncompliance.
If such noncompliance continues unabated, the Grading Administrator
may recommend to the Borough Council that appropriate action be taken
under the sections of this chapter providing for penalties and remedies.
E.
Costs of inspection. The permit holder shall bear all costs of inspection
required or permitted hereunder and shall deposit with the Borough
such sum as the Borough Council shall determine to guarantee payment
of the costs of such inspections. The costs of inspections shall be
in accordance with the established schedule of fees[2] and collection procedure for matters pertaining to this
chapter.
[2]
Editor's Note: The current Schedule of Fees is on file in
the Borough offices.
A.
Neither the issuance of a permit under the provisions of this chapter,
nor the compliance with the provisions hereto or with any condition
imposed by the Borough official 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 Borough for damages to persons or property.
B.
Compliance with the requirements of this chapter shall be incumbent
upon the property owner and agent performing any grading, presence
or absence of an inspector notwithstanding.
A.
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 chapter.
B.
When notice of any violation of, or noncompliance with, the provisions
of this chapter has been given by the Grading Administrator, or his
or her 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 Zoning Administrator shall revoke the grading permit
and the violator shall be subject to the applicable penalty.
C.
Any person violating any of the provisions of this chapter shall
be liable, on conviction thereof, to a penalty not exceeding $300,
plus engineering fees and costs associated with the enforcement of this
chapter. Whenever such person shall have been notified by the Zoning
Administrator, by service of summons in a prosecution or in any way,
that he is committing such violation of this chapter, 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 and/or by civil action and/or judgment enforcement
at the discretion of the Borough, which may use any or all of these
manners of collection.
D.
Any violation of the provisions of this chapter, when certified in writing by the Zoning Administrator, shall incur the automatic forfeiture of the cash bond required to be deposited under § 175-12 of this chapter. This automatic forfeiture is also applicable to partially satisfy costs incurred as referred to in Subsection C, above.
E.
In addition to the above-stated violations and penalties, the Borough
may also seek remedies and penalties under the applicable Pennsylvania
statues or regulations of any violation relating to an erosion/sedimentation
plan or permit (25 Pa. Code Chapter 102) or dam, water obstruction
or encroachment permit granted by the Pennsylvania Department of Environmental
Resources (Dam Safety and Encroachments Act,[1] 32 P.S. § 680.1 et seq.[2]).
A.
In case any work is performed by any person in violation of any of
the provisions of this chapter, the proper officer of the Borough
of Oakdale, in addition to other remedies, may institute, in the name
of the Borough of Oakdale, an appropriate action or proceeding, whether
by legal process or otherwise to prevent such unlawful work and to
restrain or abate such violation.
