[Ord. No. 1555, 3-10-2025[1]]
(a) 
This article shall be known and may be cited as the "McCandless Grading Ordinance."
(b) 
The purpose of this article is to provide minimum standards to safeguard persons and property and protect and promote the public welfare by preventing excess erosion, hazardous rock and soil slippage, sediment production and other soil and water management problems, and regulating and controlling the design, construction, quality of materials, use, location and maintenance of grading, excavation and fill.
[1]
Editor's Note: This ordinance also repealed Ord. 625; Ord. 1004; Ord. 1127; Ord. 1127 and Ord. 1167.
[Ord. No. 1555,3-10-2025]
Wherever used in this article the following words shall have the meanings indicated:
ADMINISTRATOR
The Zoning Officer is authorized to manage this article on behalf of the Town. The governing body may appoint additional individual(s) or position(s) to manage this article.
BEDROCK
Natural rock layer, hard or soft, in place at ground surface or beneath unconsolidated surficial deposits.
EARTH DISTURBANCE
A 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.
ENGINEERING GEOLOGIST
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.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice or gravity, including such processes as gravitational creep.
EXCAVATION
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 includes the conditions resulting therefrom.
FILL
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 condition of the land surface 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.
GOVERNING BODY
Town Council.
GRADING
Any excavation or filling or combination of any act where earth, sand, gravel or rock 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 plowing, stripping, or timbering of land for agricultural purposes shall not be considered grading.
GRADING PERMIT
Any permit required under this article.
HAZARD
A danger or potential danger to life, limb or health, or an adverse effect or potentially adverse effect to the safety, use or stability of property, waterways, public ways, structures, utilities and storm sewers; "hazard" includes stream pollution.
IMPERVIOUS SURFACE (IMPERVIOUS AREA)
A surface that prevents the infiltration of water into the ground. Impervious surfaces (or areas) shall include, but not be limited to: roofs; additional indoor living spaces, patios, garages, storage sheds and similar structures; and any new streets or sidewalks. Decks, parking areas, and driveway areas are counted as impervious areas if they directly prevent infiltration. Aggregate areas shall be considered impervious in post-development conditions.
PERSON
A natural person but shall also include a partnership, corporation, trust, association or other entity authorized to exist under law.
PROFESSIONAL
A person (engineer, surveyor or architect) licensed by the Commonwealth of Pennsylvania.
REGULATED EARTH DISTURBANCE
Any earth disturbance activity that is required by the Pennsylvania Department of Environmental Protection (PADEP) to have an Erosion and Sediment Control Plan, "NPDES Construction Activities" permit, or other PADEP permit related to earth disturbance. This includes earth disturbance on any portion of, part of, or during any stage of a larger common plan of development.
SITE
A lot, tract, parcel of land, or a series of lots, tracts or parcels of land that are adjoining where grading work is continuous and performed at the same time.
SLOPE
Any ground area having an inclination from the horizontal. Slopes are measured either in degrees from the horizontal or as the ratio of a horizontal distance to the vertical height (or drop) to the surface of the slope. Each change in inclination from horizontal in a cut or fill represents a different slope. The slope of a cut or fill is represented by the maximum slope of a cut or fill.
SOIL SURVEY
The soil survey for Allegheny County, Pennsylvania and the accompanying text "Soil Survey Interpretations of Allegheny County, Pennsylvania," as prepared by the USDA Soil Conservation Services et al.
SOILS ENGINEER
A person registered by the Commonwealth of Pennsylvania as a professional engineer and who has training and experience in the branch of soils engineering.
SOLID WASTE
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. No. 1555,3-10-2025]
(a) 
A grading permit must be obtained from the Administrator for new grading, excavations and fills. Changes, additions or alterations made to existing excavations or fills shall conform to the provisions of this article.
(b) 
A separate grading permit shall be required for each site. One permit may cover any grading, excavation and fills made on the same site. A major planned land development may be considered one site.
(c) 
When grading is to be performed for and executed concurrently with the construction of a new building, a separate grading plan will be required. Grading approved and performed under an approved land development application is exempt from this requirement.
(d) 
A minor grading permit shall be required for projects that meet all of the following requirements:
(1) 
An earth disturbance greater than or equal to 5,000 square feet and less than 10,890 square feet (0.25 acres).
(2) 
A fill that does not exceed four feet in vertical depth at its deepest point measured from the natural ground surface, provided the surfaces of such fills do not have a slope at any point steeper than 3 horizontal to 1 vertical.
(3) 
An excavation depth that does not exceed four feet in vertical depth at its deepest point measured from the natural ground surface, provided the surfaces of such excavation do not have a slope at any point steeper than 2 horizontal to 1 vertical.
(4) 
Proposed retaining wall(s) four feet in height or less.
(e) 
A major grading permit shall be required for projects that involve at least one of the following:
(1) 
An earth disturbance of 10,890 square feet (0.25 acres) or more.
(2) 
A fill depth exceeding four feet in vertical depth at its deepest point measured from the natural ground surface.
(3) 
An excavation depth exceeding four feet in vertical depth at its deepest point measured from the natural ground surface.
(4) 
Proposed retaining wall(s) taller than four feet in height.
(5) 
Projects that otherwise meet the requirements for a minor grading permit but are determined by the Administrator to pose a potential hazard as defined in § 1705.02.
[Ord. No. 1555,3-10-2025]
A grading permit will not be required for any of the following situations:
(a) 
Farms, including plowing, clearing, grading, and grubbing.
(b) 
A fill which does not exceed four feet in vertical depth at its deepest point measured from the natural ground surface and covers a surface area of less than 5,000 square feet, provided the surfaces of such fills do not have a slope at any point steeper than 3 horizontal to 1 vertical.
(c) 
An excavation which does not exceed four feet in vertical depth at its deepest point measured from the natural ground surface and covers a surface area of less than 5,000 square feet, provided the surfaces of such excavation do not have a slope at any point steeper than 2 horizontal to 1 vertical.
(d) 
A fill which does not exceed 500 cubic yards of material on any one site and does not violate the conditions of § 1705.04, Subsection (b).
(e) 
Any excavation and backfill made below finished grade for basements, footers, swimming pools or underground structures for new construction authorized by a permit properly issued by the Town.
(f) 
Soil excavated under the authorization of a properly issued building permit that is temporarily stockpiled on the same site as the excavation and does not otherwise incur the permit requirements of § 1705.03, Subsections (d) and (e). However, if excavated material is stockpiled on a site for a period of longer than 120 days, a minor grading permit shall be necessary when disposing of the fill material.
(g) 
Exploratory excavations under the direction of a soils engineer or engineering geologist.
(h) 
Excavations for wells, tunnels, public utilities, cemetery graves, or private utilities as approved by the Administrator.
(i) 
Stockpiling of rock, sand and aggregate in an area properly zoned for such use.
(j) 
Grading performed under an approved land development application which includes a grading plan that meets the requirements of § 1705.05. Any grading associated with a land development application must conform to the standards contained within this article to qualify for a permit exception.
(k) 
Work performed by the Town, or by contractors employed by the Town, in a public street or alley, Town park, playground or recreation area, or on other Town property.
[Ord. No. 1555,3-10-2025]
(a) 
Every applicant for a grading permit shall submit to the Town a complete application containing all required information in a form established by the Administrator along with the fees prescribed by § 1705.15 of this article.
(b) 
One paper copy and one electronic (PDF) copy of all application materials shall be submitted to the Administrator. No application will be processed until the Administrator determines that the application is complete, and all required fees have been paid.
(c) 
General requirements. At a minimum, all applications must include the following information:
(1) 
The name, mailing address, and contact information of the applicant, contractor, and owner of the land.
(2) 
A brief description and location of the site proposed for grading, identified by tax parcel ID and, when available, street address.
(3) 
The purpose for which the grading application is being filed.
(4) 
The estimated dates for commencement and completion of the grading work.
(5) 
A description of how any excavated material will be used. If material will be removed from the site, the quantity and location of its disposal must be stated in the application. A separate grading permit may be required for each occurrence of off-site fill.
(d) 
Minor grading permit requirements. In addition to the information required in § 1705.05, Subsection (c), an application for a minor grading permit must include a site plan containing the following elements:
(1) 
The date of submission and any subsequent revisions, as applicable.
(2) 
A contour map showing the present contours of the land and the proposed contours of the land after completion of the proposed grading at intervals of not less than two feet.
(3) 
Location of the grading boundaries and limits of disturbance, lot lines, neighboring streets or ways, buildings, surface and subsurface utilities, and waterways.
(4) 
Details and location of any drainage control structures, pipes, walls, and cribbing, as applicable.
(5) 
Erosion and sedimentation control measures.
(6) 
A site restoration narrative describing the seeding and landscaping proposed.
(7) 
Nature of the fill material.
(8) 
Quantity of cut and/or fill in cubic yards.
(e) 
Major grading permit requirements. In addition to the information required in § 1705.05, Subsection (c), an application for a major grading permit must submit:
(1) 
Plans and specifications prepared, signed, and sealed by a professional engineer, surveyor, or landscape architect. Plans shall be at the scale of 1" = 20', except with the permission of the Town Engineer, and shall include:
A. 
A description of the site proposed for grading.
B. 
Accurate location by lot, block, tract, street address, a location map, or other similar information.
C. 
A plot plan showing the location of the grading boundaries, lot lines, neighboring streets or ways, buildings, surface and subsurface utilities, and waterways.
D. 
A contour map showing the present contours of the land and the proposed contours of the land after completion of the proposed grading at intervals of not less than two feet or as permitted by the Town Engineer.
E. 
Cross sections of the proposed cut and/or fill and the method of benching the cut and/or fill.
F. 
Nature of any proposed fill material.
G. 
Quantity of cut and/or fill in cubic yards.
H. 
A description of the type and classification of the soils from the Soil Survey or better.
I. 
A stormwater management plan prepared according to the provisions of the Town Stormwater Management Code, Article 913.
J. 
Details and locations of any stormwater management facilities or drainage control structures, pipes, walls, and cribbing.
K. 
The BMPs and appropriate erosion and sedimentation measures as required by Pa. Code 25, Chapter 102, for minimizing accelerated soil erosion and sedimentation.
L. 
A site restoration plan that includes seeding and/or planting locations and schedules.
M. 
Any other information as requested by the Town Engineer to carry out the purpose of this ordinance.
(2) 
The Town Engineer may require additional information and reports from governmental agencies, scientific and/or engineering journals, and professional engineers and engineering geologists, if deemed necessary. This information must be of sufficient detail to ensure the proposed grading will not create a hazard and there will be minimal soil erosion.
(3) 
When required by the Town Engineer, a site-specific geotechnical report completed by a professional engineer registered in the state of Pennsylvania shall be submitted to meet the requirements of this ordinance and shall include a detailed description of the conditions of the site and 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.
(4) 
A soil conservation report submitted to meet the requirements of this ordinance shall include an existing site description of topography, drainage, cover, and soils; major resource problems relating 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.
[Ord. No. 1555,3-10-2025]
(a) 
The maximum slope of cut shall not exceed 2:1 and the maximum slope for fill shall not exceed 3:1.
(b) 
Cuts or fills in excess of 12 feet in height and within 30 feet of the property line shall include a filtering buffer, as defined in the Town Subdivision and Land Development Ordinance, at either the top of the cut or bottom of the fill, whichever provides greater buffering to the adjacent property.
(c) 
Cuts or fills in excess of 30 feet in height shall include a six-foot chain link fence, or equal as approved by the Town, at the top of the slope.
(d) 
Where a cut or fill exceeds 15 feet in height, the top of the cut or the toe of the fill shall not be closer to the lot line than 20 feet.
(e) 
Slopes that exceed 10 feet in height shall be properly benched in accordance with recommendations prepared by a professional geotechnical engineer registered in the state of Pennsylvania.
(f) 
Retaining walls used to support grading changes shall meet the following requirements:
(1) 
When a wall in excess of four feet in height is proposed to satisfy a requirement of this ordinance, a wall detail must be submitted to the Town for review reflecting sound engineering practices and bearing the seal of a registered engineer in the state of Pennsylvania.
(2) 
The vertical face of a wall shall be set back a minimum distance from the adjoining property equal to the maximum height of the wall.
A. 
An exception to this requirement may be granted by the Town Engineer (for major grading permits) or the Administrator (for minor grading permits) if it can be satisfactorily demonstrated that such exception is necessary to permit normal use of the property, i.e., for a side line driveway, or other reasonable consideration.
B. 
This requirement may also be set aside when the proposed retaining wall is a joint venture between adjacent property owners and appropriate documents stating such are filed with the permit application.
(3) 
A wall used at the toe of a cut or fill shall maintain a buffer area, measured from the base of the wall, of a minimum distance equal to the maximum height of the wall. This buffer area shall not be used for placement of structures, parking, vehicular circulation, sales area, pedestrian traffic or for other uses that may endanger public safety if the wall should fall. Private driveways servicing individual residences are exempt from this requirement.
(4) 
Walls in excess of five feet in height shall be protected with a six-foot chain-link fence or equal as approved by the Town. Decorative walls not used to support grading changes are exempt from this requirement.
(5) 
If deemed necessary by the Administrator or Town Engineer; the applicant shall provide certification by a registered engineer in the state of Pennsylvania that a wall was constructed per the approved design.
(g) 
All material shall be clean fill and shall be compacted to provide stability of the fill material and to prevent settlement or slippage. The fill shall be spread in a series of lifts, each not exceeding 12 inches in thickness, and shall be compacted in accordance with recommendations prepared by a professional geotechnical engineer registered in the state of Pennsylvania.
(h) 
The use of solid waste as fill material is prohibited.
(i) 
Immediately upon completion of grading, all areas not designated for building or paving shall be mulched and planted. Plantings shall be appropriate to maintain slopes from erosion and are subject to Town approval.
(j) 
Proposed grading shall be accomplished so that existing stormwater runoff flows are not concentrated at the point of release onto abutting properties.
(k) 
Erosion and sedimentation control.
(1) 
Adequate engineered provisions shall be incorporated to prevent sediment discharge into existing streams.
(2) 
Adequate measures shall be taken to prevent silt, debris, and washout from impacting roadways and pedestrian facilities for the duration of construction and grading activities. Any silt, debris, or washout resulting from construction and grading activities shall be immediately removed in its entirety from any impacted roadways or pedestrian facilities.
(3) 
No regulated earth disturbance activities within the Town shall commence until approval of an Erosion and Sediment Control Plan for construction activities by the Town. The Erosion and Sediment Control Plan must comply with the Pennsylvania Department of Environmental Protection (PADEP) regulations under 25 Pa. Code § 102.4(b) for any earth disturbance activity of 5,000 square feet or more.
(4) 
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 Town. The issuance of an NPDES permit satisfies this requirement.
(5) 
A copy of the Erosion and Sediment Control Plan and any required permits under PADEP regulations shall be available at the project site at all times.
(l) 
No encroachment, grading, alteration or improvement of any kind shall be made to any watercourse until required permits and approvals have been obtained from the PADEP and provided to the Town.
(m) 
If deemed necessary by the Administrator or Town Engineer, an as-built plan may be required to confirm work was completed per the original approved plan.
(n) 
Blasting of any nature shall be prohibited except as approved by Town Council.
[Ord. No. 1555,3-10-2025]
(a) 
Town Council may grant a waiver or modification to the minimum standards of this article if the literal enforcement is shown to the satisfaction of Council to be unreasonable, to cause undue hardship because of peculiar conditions pertaining to the land in question, or when an alternative standard can be demonstrated to provide equal or better results and provided that such modification will not be contrary to the public interest and the purpose and intent of this article.
(b) 
All requests for modification shall be in writing and shall accompany and be a part of the grading permit application. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the ordinance involved and the minimum modification necessary.
(c) 
The request for modification may be referred to the Planning Commission for advisory comments. A written record shall be kept of all action on all requests for modification.
[Ord. No. 1555,3-10-2025]
(a) 
No grading permit shall be issued until the applicant posts a bond, with corporate surety or other security approved by the Administrator in consultation with the Town Attorney, in an amount of 50% of the estimated cost of the work to guarantee the completion of said work, including grading, supporting structures, drainage, and site restoration, under the terms and conditions of the grading permit and to the satisfaction of the Town Engineer. The bond shall inure to the benefit of the Town 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 Town Engineer. In lieu of such bond, the Administrator may, in their sole discretion approve a certified check in the same amount to be deposited with the Town Treasurer. However, under no circumstances shall the Town accept a certified check in an amount exceeding $50,000.
(b) 
A development agreement or improvements construction agreement shall be executed with the Town prior to beginning construction when required by the Administrator.
[Ord. No. 1555,3-10-2025]
(a) 
Every grading permit shall expire by limitation and become null and void if the work authorized by such permit has not commenced within 180 days or is not completed within one year from the date of issue.
(b) 
An extension of up to one year may be granted by the Administrator if the permit holder presents satisfactory evidence that unusual difficulties have prevented work being started or completed within the specified time limits and if the application for the extension of time is made before the date of expiration of the permit.
[Ord. No. 1555,3-10-2025]
(a) 
A grading permit application may be denied by the Administrator for the following reasons:
(1) 
When the application is determined to be incomplete under the requirements of § 1705.05.
(2) 
When the proposal does not comply with the provisions of this article or any other provision of the Town Code of Ordinances.
(3) 
When, in the opinion of the Town Engineer, work proposed by the applicant is likely to endanger any property, person, street, or alley, or create hazardous conditions. In making this determination, the Town Engineer shall give due consideration to possible saturation by rains, earth movements, runoff surface waters, and sub-surface conditions such as the stratification and faulting for rock, springs, and the nature and type of the soil or rock.
(b) 
Any person directly affected by a decision of the Administrator or Town Engineer, including the denial or grant of a permit under this article, or a notice or order issued under this article shall have the right to appeal to the Board of Appeals established under Article 1719, Uniform Construction Code, of Part 17 of the Codified Ordinances of the Town of McCandless, Building Code, provided that a written application for an appeal is filed within 15 calendar days after receipt of said decision, notice or order, along with payment of an appeal hearing fee in an amount set from time to time by resolution of Town Council. An application for appeal shall be based on a claim that the true intent of this article or the rules legally adopted hereunder has been incorrectly interpreted, the provisions of this article do not fully apply, or the requirements of this article are adequately satisfied by other means.
[Ord. No. 1555,3-10-2025]
(a) 
The Administrator shall collect all fees, escrows and required bonds before any work can begin.
(b) 
The applicant or their agent shall notify the Administrator in writing of the start and completion of each continuous grading operation. Notice shall be received by the Administrator at least two working days before the start or completion of grading operations.
(c) 
Grading work will be subject to inspections at the discretion of the Administrator to determine that the work is being performed in compliance with these regulations.
(d) 
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 applicant and/or the applicant's contractors. The results of all soil tests and core borings made relating to the site graded shall be submitted to the Administrator.
[Ord. No. 1555,3-10-2025]
(a) 
Whenever the Administrator determines that any existing excavation, embankment or fill has become a hazard as defined in § 1705.02, the owner of the property upon which the excavation, embankment or fill is located shall be notified in writing by the Administrator. Upon receipt of the notice, the owner and/or other persons or agent in control of the property shall repair, reconstruct or remove the identified excavation, embankment or fill to eliminate the hazard within a reasonable amount of time as specified by the notice.
(b) 
If, after such notification, the property owner has not made the necessary repairs within the time specified by the Administrator, the Administrator may direct government employees to remediate the property, the cost of which shall be borne by the property owner by a lien filed as provided by law.
[Ord. No. 1555,3-10-2025]
(a) 
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.
(b) 
If, at any time after the completion of the grading work, the cut face or fill slope shows evidence of deterioration, erosion or other evidence which might be detrimental to the properties above and below the grading site, the Administrator may direct the property owner to take necessary remedial steps in accordance with sound engineering practices to restore the grading to a safe condition in a reasonable period of time.
[Ord. No. 1555,3-10-2025]
(a) 
Neither the issuance of a permit under the provisions of this article, nor the compliance with the provisions of this article or with any condition imposed by the Administrator, 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 Town for damages to persons or property.
(b) 
Compliance with the requirements of this article shall be incumbent upon the person performing any grading, presence or absence of an inspector notwithstanding.
[Ord. No. 1555,3-10-2025]
(a) 
Grading permit fees will be based on the volume of materials to be graded in accordance with the Schedule of Fees as adopted by Town Council by resolution from time to time.
(b) 
The applicant shall also be responsible for engineering and legal fees, costs, and expenses associated with additional review for the determination of adherence to the provisions of this article and for enforcement of this article. Such fees shall be paid from a cash escrow deposit according to the current Town resolution establishing such escrow to cover costs incidental to the review of all plans by Town officials and such qualified consultants they may employ. A minimum amount of funds shall be maintained in the escrow account until all grading work has been completed and the site has been restored according to the approved site restoration plan and to the satisfaction of the Town Engineer.
[Ord. No. 1555,3-10-2025]
(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 article.
(b) 
When written notice of any violation of any provision of this article 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 any grading permit associated with the site and the violator shall be subject to the penalty provided in this § 1705.99.
(c) 
Any person, firm or corporation who violates or fails to comply with any provision or requirement of this article shall be sentenced to pay a fine of not more than $1,000 for each violation, plus court costs and costs of prosecution incurred by the Town. Each day that a violation continues after due notice has been served shall be deemed a separate offense for each section of this article found to have been violated.
(d) 
All fines and penalties for the violation of this article shall be paid to the Town. Procedures for collection of fines and penalties for default of payment shall be in accordance with law.
(e) 
The Town may also commence appropriate actions in equity or any other legal proceeding to prevent, restrain, correct, enjoin, or abate violations of this article. The imposition of the penalties herein prescribed shall not preclude the legal officer of the Town from instituting appropriate action to restrain, correct or abate a violation.