[Ord. 382, 5/8/2006, § 201]
This Part shall be known and may be cited as the "Borough of
Thornburg Grading Ordinance."
[Ord. 382, 5/8/2006, § 202]
This Part is adopted in accordance with the authority granted
to municipalities to regulate subdivision and land development by
the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as
amended, 53 P.S. § 10101 et seq.
[Ord. 382, 5/8/2006, § 203]
1.
The purpose of this Part is to provide minimum standards for regulating
earth disturbance activities throughout the Borough by the following:
A.
Protecting and promoting 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.
B.
Controlling accelerated erosion and the resulting sediment pollution
to waters of this Commonwealth that occur on earthmoving sites within
the Borough of Thornburg.
[Ord. 382, 5/8/2006, § 204]
Wherever used in this Part, the following words shall have the
meaning indicated:
The removal of the surface of the land through the combined
action of human activities and the natural processes, at a rate greater
than would occur because of the natural process alone.
The person or persons appointed by the Borough Council to
manage this Part. Unless otherwise designated by Borough Council,
the Borough Engineer shall act as Administrator of this Part.
A landowner, developer or other person who has filed an application
for approval to engage in any earth disturbance activity at a project
site in the Borough.
The natural rock layer, hard or soft, in place at ground
surface or beneath unconsolidated surficial deposits.
Activities, facilities, designs, measures or procedures used
to manage stormwater impacts from regulated earth disturbance activities,
to meet State water quality requirements, to promote groundwater recharge
and to otherwise meet the purposes of this Part.
The Borough of Thornburg, Allegheny County, Pennsylvania.
The appointed professional engineer of the Borough.
Uncontaminated, nonwater soluble, inert solid material used
to level an area or bring the area to a desired grade. The term does
not include material placed into or on waters of this Commonwealth.
Commonwealth of Pennsylvania.
Pennsylvania Department of Environmental Protection.
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 moving, disposing, stockpiling or storing of rock or earth materials.
The process by which the surface of the land, including channels,
is worn away by water, wind or chemical action.
A plan for the project site which identifies best management
practices (BMPs) to minimize accelerated erosion and sedimentation.
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.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed pushed, dumped, pulled, transported or moved
to a new location, and includes the condition resulting.
A person registered by the Commonwealth of Pennsylvania as
a professional engineer and who has training and experience in the
branch of geotechnical engineering.
The Council of the Borough of Thornburg.
The elevation of the existing ground surface at the location
of any proposed excavation or fill.
Excavation or fill or any combination thereof, and includes
the conditions resulting from any excavation or fill.
A danger or potential danger to life, limb or health, or
an adverse effect or potential adverse effect of the safety, use or
stability of property, waterways, public ways, structures, utilities
and storm sewers, including stream pollution.
A body of water flowing in a channel or bed composed primarily
of substrates associated with flowing water, which during periods
of the year is below the local water table and obtains its flow from
both surface runoff and groundwater discharges.
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenants.
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
National Pollutant Discharge Elimination System, the Federal
government's system for issuance of permits under the Clean Water
Act, which is delegated to the DEP in Pennsylvania.
An aquifer that is separated from an underlying aquifer by
an unsaturated zone.
The water table of a perched aquifer.
A body of water flowing in a channel or bed composed of substrates
associated with flowing waters and is capable, in the absence of pollution
or other man-made disturbances, of supporting a benthic macroinvertebrate
community which is composed of two or more recognizable taxonomic
groups of organisms which are large enough to be seen by the unaided
eye and can be retained by the United States Standard No. 30 sieve
(28 meshes per inch, 0.595 mm openings) and live at least part of
their life cycles within or upon available substrates in a body of
water or water transport system.
An individual, partnership, public or private association
or corporation, or a governmental unit, public utility or any other
legal entity whatsoever which is recognized by law as the subject
of rights and duties.
A person licensed by the Commonwealth of Pennsylvania to
practice engineering and who is knowledgeable in the branch of civil
engineering.
The fluctuating upper water level surface of an unconfined
or confined aquifer, where the hydrostatic pressure is equal to the
ambient atmospheric pressure. The term does not include the perched
water table or seasonal high water table.
A structure composed of concrete, steel or other approved
building material, excluding timber, constructed for the purpose of
supporting a cut or filled embankment which would otherwise not comply
with the requirements of the standards set forth in this Part and
which is more than four feet in height as measured on the vertical
surface of the wall.
The highest elevation of a saturated condition in the soil
profile during certain periods of the year. The condition can be caused
by a slowly permeable layer with the soil profile and is commonly
indicated by the presence of soil fluctuation of the regional groundwater
table.
Solid material, both mineral and organic, that is in suspension,
is being transported or has been removed from its site or origin by
air, water, gravity or ice and has come to rest on the earth's
surface.
A lot, tract or parcel of land or a series of lots, tracts
or parcels of land which are adjoining where earth disturbance activities
are continuous and performed at the same time.
"Soil Survey of Allegheny County, Pennsylvania" as prepared
by the United States Department of Agriculture, Soil Conservation
Service et al.
Any and all rivers, streams, creeks, rivulets, impoundments,
ditches, watercourses, storm sewers, lakes, dammed water, wetlands,
ponds, springs and other bodies or channels of conveyance of surface
water or parts thereof, whether natural or artificial, within or on
the boundaries of this Commonwealth.
A channel or conveyance of surface water, such as a stream
or creek, having defined bed and banks, whether natural or artificial,
with perennial or intermittent flow.
The site or location of a well, spring or water supply stream
intake which is used for human consumption.
Existing, designated or planned sources of water or facilities
or systems for the supply of water for human consumption or for agricultural,
commercial, industrial or other legitimate use, protected by the applicable
water supply provisions of 25 Pa.Code § 93.3.
Areas that are inundated or saturated by surface water 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.
[Ord. 382, 5/8/2006, § 205]
1.
An excavation for a footing, foundation, driveway and the surrounding
area not exceeding 10,000 square feet of a new building site authorized
by a building permit. A grading permit shall not be required for the
temporary stockpiling of material for such excavation on the same
site. A time limit of one year, beginning from the issuance of the
building permit, shall be allowed for such activity.
2.
Excavation for a swimming pool or underground structure authorized
by a building permit.
3.
The excavation of an existing driveway in its current location to
provide a new surface material.
4.
Excavation necessary to reconstruct an existing utility or sewer
service line in its current location.
5.
Work performed by the Borough or of contractors employed by the Borough.
[Ord. 382, 5/8/2006, § 206]
No person or land owner shall commence or perform any grading
activity including those with an approved land development plan, without
first having obtained a grading permit from the administrator on approval
of the Engineer or an executed developers agreement. A separate grading
permit shall be required for each property to be disturbed and having
different owners. One permit shall be permitted for land developments
performing grading activities on contiguous parcels within the same
development.
[Ord. 382, 5/8/2006, § 207]
1.
In order to prevent the denuding of the landscape, wherever practicable,
large trees and other natural features constituting important physical,
esthetic and economic assets to existing or impending suburban development
shall be preserved.
2.
All grading, excavation or fill shall be performed so that no unnecessary
dust or smoke shall be raised in such amounts as to cause annoyance
or discomfort to, or be offensive and objectionable to the public
or shall cause injury or is a health hazard. The permittee shall comply
with all statutes and regulations of the Commonwealth of Pennsylvania
concerning environmental quality control administered by the Department
of Environmental Protection, including the Clean Streams Law and the
Air Pollution Control Act, 35 P.S. § 4001 et seq.
3.
All dust, dirt and mud that may be tracked from the site onto public
streets shall be cleaned up on a daily basis.
4.
No earth disturbance activities within the Borough shall commence
until approval by the Borough and/or the Allegheny County Conservation
District of an erosion and sediment control plan for construction
activities. A copy of the erosion and sediment control plan and any
required permit, as required by PADEP regulations, shall be available
at the project site at all times.
5.
The Pennsylvania Department of Environmental Protection (PADEP) requires
that a permit be obtained from them for any earth disturbance activity
of 5,000 square feet or more, under 25 Pa.Code § 102.4(b).
[Ord. 382, 5/8/2006, § 208]
1.
A grading permit shall be required for any earth disturbance activity
in the Borough.
2.
Every applicant for a grading permit shall file a written application
with the Administrator in a form prescribed by the Administrator.
Such application shall include the following:
A.
Describe the land on which the proposed work is to be done, by lot,
block, tract or street address or similar description which will readily
identify and definitely locate the proposed work.
B.
The grading permit application shall be accompanied with three sets
of plans as prepared by a professional engineer or surveyor, licensed
in the Commonwealth of Pennsylvania showing the following information:
(1)
Property line as surveyed by a registered surveyor.
(2)
Location of any existing buildings and their relationship with
the property lines.
(3)
Existing and proposed contours in the area where the grading
will be completed. A maximum of a two-foot contour interval shall
be a maintained on the plan.
(4)
Name and address of the property owner.
(5)
The name and address of the professional engineer or surveyor
who prepared the plan. The plan must also be signed and sealed by
this professional.
(6)
If the fill material is from an off-site source, a note shall
be shown indicating source of the fill material.
(7)
If the cut material is being removed from the site, a note shall
be shown indicating the location where the material is being hauled.
(8)
All existing and proposed subsurface utilities and sewers with
existing easements shall be shown.
(9)
Details and location of any proposed drainage structures and
pipes, walls and cribbing and such other information as the administrator
may need to carry out the purposes of this Part.
(10)
All waters of the Commonwealth and waterways shall be shown.
(11)
Additional topography, including existing and proposed trees,
walls, driveways and bushes shall be shown.
(12)
The location of the existing street or road the property is
located along and the right of way for that street.
(13)
All existing infrastructure with existing easements shall be
shown. If any disturbance is proposed over any public easement, a
profile of the existing and proposed centerline of the easement must
be submitted for review.
(14)
If any cut or fill is to be done within five feet of any public
storm or sanitary sewer easement, the property owner shall be required
to complete a closed circuit television inspection of the sewer line
and submit a copy of it to the Borough prior to the issuance of the
grading permit. (If required by Borough Engineer)
(15)
A plan showing a minimum of two cross sections for each property
involved, of the proposed cut or fill which show the method of benching
both cut and/or fill.
(16)
A geotechnical report verifying the soils conditions and soil
stability for the proposed activity. (If required by Borough Engineer.)
(17)
The BMP's and the appropriate erosion and sedimentation
measures as required by 25 Pa.Code, Chapter 102, for minimizing accelerated
soil erosion and sedimentation.
(18)
The type of soils as shown in the Allegheny County Soils Survey
must be shown on the plan.
(19)
The E&S plan shall include notation that requires the landowner
and/or developer to install topsoil and plant grass as per the approved
plan as soon rough grading has been completed on the property.
(20)
The E&S plan shall include notation that the property owner
retains all responsibility of maintaining all erosion and sedimentation
control structures until the property is stabilized (grass, not weeds,
growing on 90% of the property).
(21)
Approximate starting and completion dates for the proposed grading.
(22)
Approximate excavation and fill quantities for each site.
C.
Where, owing to special circumstances and conditions, compliance
with the provisions of Paragraph 2B would result in unnecessary hardship,
the Administrator may make such special reasonable exceptions thereto,
upon recommendation from the Engineer, as will not be contrary to
the public interest, and may impose such conditions as it deems necessary
to adequately protect the public interest.
[Ord. 382, 5/8/2006, § 209]
1.
Whenever the Borough Council, upon the recommendation of its Administrator or Engineer, determines that any existing excavation, embankment or fill has become a hazard as defined in § 9-104, the owner of the property upon which the excavation, embankment or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the administrator, shall, within the reasonable period specified therein, apply for an earth disturbance permit that specifies the repair, reconstruction or removal of such excavation, embankment or fill so as to eliminate the hazard.
2.
If, after such notification, the property owner has not made the
necessary repairs within the time adopted, then the Borough Council
may direct government employees or an agent acting on the behalf of
the Borough to make the required repairs and the cost thereof shall
be borne by the property owner by a lien filed as provided by law.
[Ord. 382, 5/8/2006, § 210]
1.
The Administrator shall receive all applications and shall collect
all fees as required by this document. All fees should be determined
as per a fee schedule adopted and amended from time to time by resolution
of Borough Council.
2.
The Administrator shall transmit all applications to the Borough
Engineer, who shall indicate his approval thereon. In the event of
disapproval, the Borough Engineer shall note the reasons therefore;
a copy of which shall be sent the applicant.
3.
Before issuance of any grading permit, the applicant shall post a
bond, with corporate surety or other approved security in the amount
of 50% of the estimated cost of the earth disturbance work to guarantee
the completion of said work, including, but not limited to, slope
treatment, ground cover and drainage contemplated under the permit.
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 be issued 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 Borough.
4.
In lieu of a bond, a cash deposit in the amount of 50% of the estimated
cost of the earth disturbance work to guarantee the completion of
said work, including, but not limited to, slope treatment, ground
cover and drainage contemplated under the permit may be made to the
Borough.
5.
In addition, upon the receipt of the application for an earth disturbance
permit, the Administrator shall require a cash escrow account in an
amount determined by fee schedule adopted by resolution by the Borough
Council. This cash escrow shall cover plan review and inspection charges
of the Borough Engineer and any other expense, cost or charge of any
kind incurred by the Borough in reviewing and processing the application.
If during the life of the project, the cash escrow account is depleted,
the permit holder shall be responsible for all additional costs necessary
to cover the Borough Engineer fees and any other expense, cost or
charge of any kind incurred by the Borough in administering the application
until the project has been completed.
[Ord. 382, 5/8/2006, § 211]
Every grading permit shall expire by limitation and become null
and void if the work authorized by such permit has not been commenced
within three months or is not completed within one year from the date
of issue; provided, that the Administrator, acting upon the recommendation
of the Borough Engineer, may, if the permit holder presents satisfactory
evidence that unusual difficulties have prevented work being started
or completed within the specified time limits, grant a reasonable
extension of time; and, provided further, that the application for
the extension of time is made before the date of expiration of the
permit.
[Ord. 382, 5/8/2006, § 212]
1.
Where in the opinion of the Borough Engineer or Administrator the
work as proposed by the applicant is likely to endanger any property
or person or any street or alley or create hazardous conditions, the
Borough shall deny the grading permit. In determining whether the
proposed work is likely to endanger property or streets or alleys
or create hazardous conditions, the Borough Engineer shall give due
consideration to possible saturation by rains, earth movements, runoff
surface waters and subsurface conditions such as the stratification
and faulting of rock aquifers, springs and the nature and type of
the soil or rock as well as all applicable State and Federal laws
regarding earth disturbance.
2.
The Council of the Borough shall consider promptly appeals from the
provisions of this Part or from the determinations of the Administrator
within 30 days, at which time the Council shall make determinations
of alternate methods, standards or materials, when in its opinion,
strict compliance with the provisions of this Part is unnecessary.
Any applicant or permit holder shall have the right to appeal to any
court of competent jurisdiction from any decision or determination
of the Council of the Borough.
3.
Borough Council, by resolution, may from time to time set fees for
appeals brought under this section. In addition to the appeal fee,
the appellant shall be responsible for any costs of advertising an
appeal hearing and for the cost of a court reporter.
[Ord. 382, 5/8/2006, § 213]
1.
The Borough Engineer or Administrator shall, as required by the permit
or at the request of the permit holder, make the inspections hereinafter
required and shall either approve that portion of the work which has
been completed or notify the permit holder wherein the same fails
to comply with the provisions of this Part. Where it is found by inspection
that the conditions are not as stated or shown in the application,
the Borough Engineer or Administrator may refuse to approve further
work until approval is obtained for a revised earth disturbance plan,
conforming to existing conditions.
2.
Plans for earth disturbance work bearing the stamp of approval of
the Borough shall be maintained at the site during the progress of
the earth disturbance activities and until the work has been approved.
3.
The permit holder shall notify the Borough in order to obtain inspections
in accordance with the following schedule and at least 72 hours before
the inspection is to be made. Before calling for any inspection, the
owner shall have the property line stakes set and sufficient grade
stakes set by a registered engineer or surveyor to enable the Borough
Engineer to verify the grading operation.
A.
Initial Inspection. When work on the excavation or fill is about
to be commenced.
B.
Rough Grading. When all rough grading has been completed.
C.
Drainage Facilities. When drainage facilities are to be installed
and before such facilities are backfilled.
D.
Special Structures. When excavations are complete for retaining and
crib walls and when reinforcing steel is in place and before concrete
is poured.
E.
Final Inspection. When all work, including the installation of all
drainage and other structures has been completed.
F.
If at any stage of the work the Borough Engineer or Administrator
shall determine by inspection that the nature of the formation is
such that further work as authorized by an existing permit is likely
to endanger property or streets or alleys or create hazardous conditions,
the Borough may require as a condition to allowing the work to be
done that such reasonable safety precautions be taken as the Borough
Engineer or Administrator considers advisable to avoid such likelihood
of danger. Safety precautions may include, but shall not be limited
to, specifying a flatter exposed slope, construction of additional
drainage facilities, berms, terracing, compaction, shoring or cribbing.
[Ord. 382, 5/8/2006, § 214]
1.
Standards for Excavation.
A.
Maximum slope steepness of a cut shall be determined as follows:
(1)
Landslide prone soils where slopes are greater then 25% shall
have a slope no greater than three horizontal to one vertical on its
exposed face and shall be safe and stable. A written statement, signed
and sealed by a professional engineer registered in the Commonwealth
of Pennsylvania specializing in geotechnical engineering shall be
submitted with the grading plan. Soil survey map symbols are: GrE,
and GqF.
(2)
Landslide prone soils where slopes are less then 25% shall have
a slope no greater than two horizontal to one vertical on its exposed
face and shall be safe and stable. A written statement, signed and
sealed by a professional engineer registered in the Commonwealth of
Pennsylvania specializing in geotechnical engineering shall be submitted
with the earth disturbance plan. Soil survey map symbols are: UaB,
UaC, GqB, GpC, GpD, GvB, EvB, EvC and EvD.
(3)
Soils which are not, or have a low probability of being, landslide
prone shall have a slope no greater than 1 1/2 horizontal to
one vertical on its exposed face and shall be safe and stable. A written
statement, signed and sealed by a professional engineer registered
in the Commonwealth of Pennsylvania specializing in geotechnical engineering
shall be submitted with the earth disturbance plan. All soil survey
map symbols except those listed above denote soils of a low landslide
probability.
B.
Cut slopes which are steeper than those specified above may be allowed
under a grading permit, provided the following are satisfied:
(1)
The material in which the excavation is made is sufficiently
stable to sustain a slope steeper than the slope specified above for
recognized soil conditions on the site. A written statement, signed
and sealed by a professional engineer registered in the Commonwealth
of Pennsylvania specializing in geotechnical engineering, stating
that the steeper slope will have sufficient stability and that the
risk of creating a hazard will be miniscule, must be submitted to
the Administrator.
(2)
A retaining wall or other approved support greater than four
feet in height designed by a professional engineer and approved by
the Administrator and Borough Engineer is provided to support the
surface of excavation.
(3)
Before commencing any excavation which will in any way affect
an adjoining property or structures thereon, the person making or
causing the excavation to be made shall notify, in writing, the owners
of the adjacent property or buildings not less than 30 days before
such excavation is to be made that the proposed excavation is to be
started. Copies of all such notices shall be supplied to the Administrator.
All notices and copies of such notices shall be sent registered mail.
2.
Standards for Fills.
A.
Maximum slope steepness of a cut shall be determined as follows:
(1)
Landslide-prone soils where slopes are greater than 25% shall
have fill slopes no steeper than four horizontal to one vertical and
shall be safe and stable. A written statement, signed and sealed by
a professional engineer registered in the Commonwealth of Pennsylvania
specializing in geotechnical engineering shall be submitted with the
earth disturbance plan. Soil survey map symbols are: GrE, GqE and
GqF.
(2)
Landslide-prone soils where slopes are less than 25% shall have
fill slopes no steeper than three horizontal to one vertical and shall
be safe and stable. A written statement, signed and sealed by a professional
engineer registered in the Commonwealth of Pennsylvania specializing
in geotechnical engineering shall be submitted with the earth disturbance
plan. Soil survey map symbols are: UaB, UaC, GpB, GpC, GpD, GvB, GvC,
GvD, EvB, EvC and EvD.
(3)
Soils which are not, or have a low probability of being, landslide
prone shall have a slope no greater than two horizontal to one vertical
on its exposed face and shall be safe and stable. A written statement,
signed and sealed by a professional engineer registered in the Commonwealth
of Pennsylvania specializing in geotechnical engineering shall be
submitted with the earth disturbance plan. All soil survey map symbols
except those listed above denote soils of a low landslide probability.
B.
Fill slopes that are steeper than two horizontal to one vertical
may be allowed under a grading permit, provided the following is satisfied:
(1)
The material in which the fill is created with is sufficiently
stable after proper compaction to sustain a slope steeper than the
slope specified for recognized soil conditions on the site. A written
statement, signed and sealed by a professional engineer registered
in the Commonwealth of Pennsylvania specializing in geotechnical engineering,
stating that the steeper slope will have a sufficient stability and
that risk of creating a hazard will be slight, must be submitted to
the Borough.
(2)
A retaining wall or other approved support greater than four
in height for the fill slope designed by a professional engineer registered
in the Commonwealth of Pennsylvania specializing in geotechnical engineering,
and approved by the Administrator and the Borough Engineer is provided
to support the fill installed.
(3)
Before commencing any excavation which will in any way affect
an adjoining property or structures thereon, then person making the
fill slope shall notify, in writing by registered or certified mail,
the owners of the adjacent property(ies) or building(s) not less than
30 days before such construction is to be started. Copies of all such
notices shall be supplied to the Administrator. All notices and copies
of such notices shall be sent registered mail.
C.
Standards for Compaction of Fills.
(1)
All fills shall be compacted to provide stability of fill material
and to prevent undesirable settlement or slippage.
(2)
The fill shall be installed in a series of layers, each not
exceeding 12 inches in thickness, and each layer shall be compacted
by passing a sheepsfoot roller or other approved equipment across
the layer in a minimum of four passes as the layer is spread.
(3)
Pieces of rock or boulders having thickness of more than six
inches or a cross-sectioned area in any plane of more 1 1/2 square
feet shall not be permitted in fills.
(4)
No fill material that will support combustion shall be permitted.
(5)
Where fills are placed on any existing slope greater than 5%,
the toe of the fill shall be prepared by cutting a bench 10 feet wide
on a reverse slope of one vertical to 10 horizontal.
(6)
For fills higher than 10 feet above the toe of the proposed
slope, there shall be constructed benches at eight-foot intervals
measured vertically from the base of the fill. Said benches shall
be six feet in width and shall have a floor cut to a reverse slope
of one vertical to six horizontal.
(7)
The Borough Engineer, with the approval of the Borough Council,
may require tests or other information if, in his opinion, the conditions
or materials of fill are such that the additional information is necessary.
D.
Whenever a fill is to be made of materials other than clean soil
or earth, the earth disturbance 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 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 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 consist of building materials or any
other material that would not allow for 95% compaction under normal
fill operations.
(4)
No fill of any kind shall be placed over trees, stumps or other
material which would create a nuisance or be susceptible of attracting
rodents, termites or other pests.
[Ord. 382, 5/8/2006, § 215]
1.
If a retaining wall is constructed to satisfy a requirement of this
Part, a building permit, as provided for by other municipal regulations,
shall not be required. The grading permit will apply to the retaining
wall, and the requirements for inspections, and performance standards,
as stated herein, will be complied with.
2.
Retaining walls must be constructed in accordance with sound engineering
practice. The plans submitted for approval shall bear the seal of
a professional engineer registered in the Commonwealth of Pennsylvania.
3.
The backfilling of retaining walls and the insertion of subterranean
drainage facilities shall be installed in accordance with the design
engineer's recommendations and plans and provide positive drainage
away from the slope and wall.
4.
In general, where a wall is replacing an exposed slope, the vertical
face of the wall shall be five feet zero inches back from the adjoining
property.
A.
A waiver to this requirement may be applied for and granted by the
Administrator if it can be satisfactorily demonstrated that such a
variance is necessary to ensure normal use of the property, i.e.,
for a side-line driveway.
B.
The requirement of this subsection may also be waived when the proposed
retaining wall is a joint venture between adjacent property owners
and appropriate documents so stating are filed with the application
for the permit.
[Ord. 382, 5/8/2006, § 216]
2.
All drainage provisions shall be of such a design to carry surface
waters to the nearest practical street storm sewer or natural watercourse,
as approved by the Engineer as a safe place to deposit and receive
such waters.
3.
The Borough Engineer shall require such drainage structures or pipes
to be constructed or installed as may be necessary to prevent erosion
and damage and to satisfactorily carry off accumulated surface waters.
All drainage provisions shall be designed to safely convey the twenty-five-year
design storm.
4.
Constructed benches in fills or cuts or at the top of slopes shall
have horizontal gradients of at least 2% for the purpose of carrying
off surface waters.
5.
To prevent erosion, the planting of sod, shrubs or other vegetation
shall be required on all slopes.
[Ord. 382, 5/8/2006, § 217]
1.
No regulated earth disturbance activities within the Borough shall
commence until approval by the Borough of a plan which demonstrates
compliance with State water quality requirements after construction
is complete. An operation and maintenance post development stormwater
plan must be submitted to the Borough prior to final approval.
2.
The best management practices (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 herein as "State
water quality requirements").
3.
To control post-construction stormwater impacts from regulated earth
disturbance activities, State water quality requirements can be met
by BMPs, including site design, which provide for replication of pre-construction
stormwater infiltration and runoff conditions, so that post-construction
stormwater discharges do not degrade the physical, chemical or biological
characteristics of the receiving waters. Stormwater shall be managed
such that the rate of runoff after development shall not exceed the
predevelopment conditions.
[Ord. 382, 5/8/2006, § 218]
1.
The owner of any property on which an earth disturbance activity
has been completed shall maintain in good condition and repair the
earth disturbance activity permitted and also all retaining walls,
cribbing, drainage structures, fences, ground cover and any other
protective devices as may be a part of the permit requirements.
2.
If at any time subsequent to the completion of the earth disturbance
activities the cut face or fill slope show signs of deterioration,
erosion or other evidence which might be detrimental to the adjacent
properties, the Administrator or Borough Engineer, may direct the
property owner to take whatever necessary remedial steps are deemed
necessary to restore the grading area to a safe condition and to do
so in a reasonable period of time.
3.
If after such notification the property owner has not made the necessary
repairs within the allotted time, then the Borough Council may direct
Borough employees or contractor to make the required repairs and the
cost thereof shall be borne by the property owner by a lien filed
as provided by law.
[Ord. 382, 5/8/2006, § 219]
1.
The top and/or bottom edge of all cut or fill slopes shall be at
least five feet from the 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.
2.
At the top of all cut or fill slopes which are in excess of 1 1/2
horizontal to one vertical and six or more feet in total height, a
fence not less than four feet in height and of a design meeting the
Borough standards shall be erected.
3.
The owner of the 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.
4.
In order to prevent the denuding of the landscape, wherever practicable,
large trees and other natural features constituting important physical,
aesthetic and economic assets to existing or impending development
work shall be preserved.
5.
Burning of materials from clearing and grubbing operations is not
permitted.
[Ord. 382, 5/8/2006, § 220]
Neither the issuance of a permit under the provisions of this
Part nor the compliance with the provisions hereof or with any condition
imposed by the Administrator or Borough Engineer hereunder shall relieve
any person from responsibility for damage to persons or property resulting
therefrom or as otherwise imposed by law, nor impose any liability
upon the Borough or Administrator for damages to persons or property.
[Ord. 382, 5/8/2006, § 221]
1.
Whenever the Borough finds that a person has violated a prohibition
or failed to meet a requirement of this Part, the Borough may order
compliance by written notice to the responsible person as prepared
by the Administrator. Such notice may require without limitation:
A.
The performance of monitoring, analyses, and reporting.
B.
The elimination of prohibited discharges.
C.
Cessation of any violating discharges, practices, or operation.
D.
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property.
E.
Payment of a fine to cover administrative and remediation cost.
F.
The implementation of stormwater BMPs.
G.
Operation and maintenance of stormwater BMPs.
2.
The violation of any provision of this Part is hereby deemed a public
nuisance.
3.
Any building, land development or other permit or approval for regulated
earth disturbance activities issued by the Borough may be suspended
or revoked by the governing body for:
A.
Noncompliance with or failure to implement any provision of the permit.
B.
A violation of any provision of this Part.
C.
The creation of any condition or the commission of any act during
construction or development which constitutes or creates a hazard
or nuisance, pollution or which endangers the life or property of
others.
[Ord. 382, 5/8/2006, § 222; as amended by Ord. 387, 12/14/2009]
1.
No person shall create earth disturbance activities including but
not limited to the construction, enlargement, alteration, repair or
maintenance of any excavation or fill or cause the same to be done
contrary to or in violation of any provision of this Part.
2.
When written notice of violation of any of the provisions of this
Part has been served by the Administrator, such violation shall be
discontinued immediately.
3.
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense. Whenever such person shall have been notified by the Administrator by service of summons in a prosecution or in any other way that he is committing such violation of this Part, each day that he shall continue such violation after such notification shall constitute a separate offense, punishable by a like fine or penalty. Such Grading Administrator, Borough Engineer, Borough Solicitor and Mayor are each authorized to institute proceedings to assess penalties under § 9-123 before a magisterial district judge or other proper judicial officer.
[Ord. 382, 5/8/2006, § 223]
In case any work is performed by any person in violation of
any of the provisions of this Part, the proper officer of the Borough,
in addition to other remedies, may institute in the name of the Borough
any appropriate action or proceeding, whether by legal process or
otherwise, to prevent such unlawful work and to restrain or abate
such violation.
