[Adopted 10-14-1974 as Ch. 56 of the 1974 Code (Ch. 147
of the 1999 Code)]
1.
Title. This Part
shall be known and may be cited as the "Borough of Homestead Grading
Ordinance."
2.
Purpose. The purpose
of this Part is to provide minimum standards to safeguard persons
and property and to 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 by regulating and
controlling the design, construction, quality of materials, use, location
and maintenance of grading, excavation and fill.
Wherever used in this Part, the following words
shall have the meanings indicated:
The person qualified and officially appointed by the governing
body to manage this Part.
Natural rock layer, hard or soft, in place at ground surface
or beneath unconsolidated surficial deposits.
A person licensed by the Commonwealth of Pennsylvania to
practice engineering and who is knowledgeable in the branch of civil
engineering.
A person who holds a degree in geology from an accredited
college or university who has training and experience in the field
of engineering geology.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity, including such processes as gravitational
creep.
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, 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 deposited, placed, pushed, dumped, pulled, transported or moved
to a new location, including the conditions resulting therefrom.
The Council of the Borough of Homestead.
Excavation or fill or any combination thereof, including
the conditions resulting from any excavation or fill.
Any permit required under these regulations.
A danger or potential danger to life, limb or health or an
adverse effect or potential adverse effect to the safety, use or stability
of property, waterways, public ways, structures, utilities and storm
sewers, including stream pollution.
A natural person, but also including a partnership, corporation,
trust or association.
A lot, tract or parcel of land or a series of lots, tracts
or parcels of land which are adjoining where grading work is continuous
and performed at the same time.
The unpublished and operational soil survey for Allegheny
County, Pennsylvania, and the accompanying text, Soil Survey Interpretations
of Allegheny County, Pennsylvania, as prepared by the United States
Department of Agriculture Natural Resources Conservation Service et
al. When applicable, "soil survey" shall mean Soil Survey, Allegheny
County, Pennsylvania, when this publication is completed.
A person registered by the Commonwealth of Pennsylvania as
a professional engineer and who has training and experience in the
branch of soils engineering.
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.
1.
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 these regulations. A separate
grading permit shall be required for each site. One permit may cover
the grading, excavation and any fills made on the same site.
2.
Only one permit
is required for a continuous parcel to be graded for a proposed major
planned development, such as a residential planned unit development
or a planned industrial park, when adequate standards or requirements
for grading the parcel are approved by the Administrator.
A grading permit will not be required for any
of the following situations:
1.
Grading which
is limited to mining, quarrying or stockpiling of coal, rock, sand,
aggregate or clay that satisfies requirements of regulations of the
Commonwealth of Pennsylvania.
2.
Grading which
is limited to solid waste disposal areas or sanitary landfills operated
in accordance with the requirements, rules and ordinances adopted
by the Pennsylvania Department of Environmental Protection and the
Allegheny County Department of Health.
3.
Excavation which
does not exceed five feet in vertical depth, does not result in a
cut and/or fill slope steeper than four horizontal to one vertical
and does not exceed an area of 1,000 square feet for areas recognized
by the soil survey or better source as containing landslide-prone
soils. Better sources recognizing landslide-prone soil areas may be
the Pennsylvania Bureau of Topographic and Geologic Survey, a professional
engineer experienced in geology or an engineering geologist.
4.
Excavation which
does not exceed 10 feet in vertical depth, does not result in a cut
or fill slope steeper than three horizontal to one vertical and does
not exceed an area of 5,000 square feet in areas of soils not recognized
by the soil survey or better as landslide-prone.
5.
If the fill amount
does not exceed 500 cubic yards on any one site.
6.
If the fill does
not exceed 10 feet in vertical depth at its deepest point measured
from the top of such fill to the natural ground surface, if the area
of fill does not exceed 5,000 square feet and if the slope of fill
is not steeper than three horizontal to one vertical.
7.
Grading which
does not exceed new construction authorized by a building permit properly
issued by the governing body. Grading under the authorization of a
building permit should follow the standards and requirements of this
Part.
8.
Soil excavated
under the authorization of a building permit properly issued by the
governing body, which is temporarily stockpiled on the same site as
the excavation; provided, however, that if the material from such
excavation is thereafter to be used for fill purposes for which a
grading permit is required, such permit must be obtained prior to
such use in accordance with the requirements of this Part. In addition,
if 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.
1.
Whenever the governing body, upon the recommendation of its Administrator, determines that any existing excavation, embankment or fill has become a hazard as defined in § 9-102, 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, repair, reconstruct or remove 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 governing body may direct government
employees to make the required repairs, and the cost thereof shall
be borne by the property owner by a lien filed as provided by law.
1.
Every applicant
for a grading permit shall file a written application therefor with
the Administrator in a form prescribed by the Administrator. Such
application shall:
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.
Be accompanied
by plans and specifications prepared, signed and sealed by a professional
engineer, surveyor or architect giving a reasonable picture of the
site and proposed soil erosion controls, if any. The Administrator
may waive the preparation or approval and signature by the professional
engineer, surveyor or architect only when it is self-evident that
the proposed work is simple, clearly shown on the plans submitted,
creates no potential nuisance to adjacent property or hazard and does
not include the construction of a fill upon which a structure may
be erected. Such plans may include a description of the site proposed
for grading, accurate location by lot, block, tract, street address,
longitude and latitude, coordinates, a location map or other similar
information, a contour map showing the present contours of the land
and the proposed contours of the land after completion of the proposed
grading and a plan showing cross sections of the proposed cut or fill
which shows the method of benching both cut and/or fill. In addition,
a plot plan may show the location of the grading, boundaries, lot
lines, neighboring streets or ways, buildings, surface and subsurface
utilities and waterways. In addition, plans may include a description
of the type and classification of the soil from the soil survey or
better; details and location of any proposed drainage structures and
pipes, walls and cribbing; seeding locations and schedules; debris
basins; diversion channels; nature of fill material and such other
information as the Administrator may need to carry out the purposes
of this Part. All plans shall be dated and bear the name and seal
of the professional engineer who prepared the same and the names of
the applicant and the owner of the land. Plans shall be submitted
in triplicate, one set of which shall be of reproducible nature.
C.
State the estimated
dates for the starting and completion of grading work.
D.
State the purpose
for which the grading application is filed.
2.
The duty of the
Administrator shall be to obtain 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.
3.
To be adequate,
a geological report may include a detailed description of the geological
conditions of the site and may include 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. A soil conservation
report may include 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.
4.
In no case shall
the Administrator require more than minimum adequate standards, as
recommended by governmental agencies, professional engineers or engineering
geologists and other requirements specified in this Part, for issuing
a grading permit.
Before issuance of a grading permit, the applicant
shall post a bond, corporate surety or other approved security in
the amount of 10% of the estimated cost of the grading work and erosion
control facilities proposed for the permit to guarantee said work
and facilities in a satisfactory manner and to meet the requirements
of this Part. No bond shall be required if another bond or other approved
security is posted for construction and/or site improvements. When
all requirements of this permit have been met and the work has been
completed in a satisfactory manner, the full amount of security shall
be returned to the person posting said security.
Every grading permit shall expire by limitation
and become null and void if the work authorized by such permit has
not been commenced within one year or is not completed within three
years from the date of issue, provided that the governing body, acting
upon the recommendation of the Administrator, 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. Any physical changes in the site such
as surface water drainage, soil and bedrock dislocations, alteration
of groundwater discharge or any other natural or man-made modifications
which would cause a doubt to be cast upon the feasibility of the contents
of the original permit approval must be reported to the Administrator
in the intervening period between approval of the permit and completion
of the project.
1.
When the requirements
of this Part for obtaining a permit have been met, the Administrator
shall approve the proposed plan and grant a grading permit to the
applicant. Approved work may then start. However, when, in the opinion
of the Administrator, work proposed by the applicant is likely to
endanger any property or person, or any street or alley, or create
hazardous conditions, the grading permit shall be denied. In determining
whether the proposed work is likely to endanger property of streets
or alleys or create hazardous conditions, the Administrator 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.
2.
The governing
body shall consider within 15 days appeals from the provisions of
these regulations or from the denial by the Administrator, and the
governing body within 15 days shall consider alternate methods, standards
or materials proposed by the developer when in his opinion strict
compliance with the provisions of these regulations is unnecessary.
Any applicant or permit holder shall have the right to appeal to any
court of competent jurisdiction from any decision of the governing
body.
1.
The permittee
or his agent shall notify the Administrator, in writing, of the start
and completion of each continuous grading operation. Notice shall
be received by the Administrator or at his office at least two working
days before the start or completion of grading operations.
2.
Grading work at
these stages or at any other time will be subject to spot inspections
at the discretion of the Administrator to determine that the work
is being performed in compliance with these regulations.
3.
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 grader. The results of all soil tests and core
borings made relating to the site graded shall be submitted to the
Administrator.
1.
Maximum slope
steepness of a cut should be three horizontal to one vertical for
minimizing erosion and landslide hazard. However, a governmental review
agency, professional engineer or engineering geologist may recognize
the types of soil on the site to be graded from the soil survey or
better. Maximum slopes can then be determined as follows:
A.
Landslide-prone
soils where slopes are greater than 25% shall have cut slopes no steeper
than three horizontal to one vertical. Soil survey map symbols are:
34-DE-6
|
34-E-2
|
34-F-1
|
65-E-2
|
B.
Landslide-prone
soils where slopes are less than 25% shall have cut slopes no steeper
than two horizontal to one vertical. Soil survey map symbols are:
32-B-2
|
34-C-2
|
65-C-2
|
67-C-2
|
32-C-2
|
34-D-2
|
65-D-2
|
67-D-2
|
34-B-2
|
65-B-2
|
67-B-1
|
C.
Soils which are
not or have a low probability of being landslide-prone shall have
a slope no steeper than 1 1/2 horizontal to one vertical. All
soil survey map symbols except the symbols listed above donate soils
of low landslide probability.
2.
Cut slopes which
are steeper than those specified above may be allowed under a grading
permit, provided that one or both of the following is satisfied:
A.
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, stating that the steeper slope will have
sufficient stability and that risk of creating a hazard will be slight,
must be submitted to the Administrator.
B.
A retaining wall
or other approved support, designed by a professional engineer and
approved by the Administrator, is provided to support the face of
excavation.
3.
The top or bottom
edge of slopes shall generally be set back 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.
4.
Guidelines for
cuts in the Erosion and Sediment Control Handbook for Allegheny County,
Pennsylvania, should be followed. One or a combination of guidelines
should be used to minimize hazards depending on site conditions and
proposed grading.
1.
No fill should
be placed over trees, stumps or other material which could create
a hazard. Instead, such materials may be buried in natural ground
where no structures will be built or a hazard created. Limbs can be
chipped and mixed with the topsoil.
2.
All fills should
be compacted to provide stability of fill material and to prevent
undesirable settlement or slippage.
3.
Clean soil or
earth should be placed over the top and exposed surfaces of the fill
to a depth sufficient to conceal all materials used in the fill other
than clean soil or earth. If the filling operation is intermittent,
the top and exposed surfaces of the fill should be so covered at the
completion of each lift.
4.
The top or bottom
edge of slopes should generally be set back 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.
5.
Guidelines for
fills in the Erosion and Sediment Control Handbook for Allegheny County,
Pennsylvania, should be followed. One or a combination of guidelines
should be used to minimize hazards, depending on site conditions and
proposed grading.
Guidelines for minimizing erosion and sediment
in the Erosion and Sediment Control Handbook for Allegheny County,
Pennsylvania, should be followed. One or a combination of guidelines
should be used to minimize hazards, depending on site conditions and
proposed grading. However, the Administrator may approve grading plans
not meeting guidelines of the Handbook if the proposed grading will
not constitute a hazard. Governmental and/or engineering reports should
be used as evidence that proposed grading will not constitute a hazard.
1.
Definition of
"retaining wall": a structure composed of concrete, steel or other
approved building material 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 exposed vertical
surface of the wall.
2.
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 inspection, etc., as stated herein, will
be complied with.
3.
Retaining walls
must be constructed in accordance with sound engineering practice.
The plans submitted for approval shall bear the seal of a professional
engineer.
4.
The backfilling
of retaining walls and the insertion of subterranean drainage facilities
shall be done strictly in accordance with the provisions of this Part
and the appropriate municipal specifications.
5.
In general, where
a wall is replacing an exposed slope, the vertical face of the wall
shall be three feet zero inches back from the adjoining property.
A.
A special exception
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 sideline driveway.
B.
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 for the permit.
2.
To prevent damage,
grading plans should follow Vegetative Control Methods and Ditch and
Conduit Control Methods in the Erosion and Sediment Control Handbook
for Allegheny County, Pennsylvania, when they fit the site. The Administrator
may approve methods and materials recommended by governmental agencies
and professional engineers when they are more suitable to the site
in preventing damage. Drainage facilities shall be designed to accommodate
the largest size storm that would occur on the average of every two
years.
1.
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.
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 grading site, the Council, upon the recommendation of its Administrator,
may direct the property owner to take necessary remedial steps in
accordance with sound engineering practice to restore the grading
to a safe condition, and do so in a reasonable period of time.
Neither the issuance of a permit under the provisions
of this Part, nor the compliance with the provisions hereto or with
any condition imposed by the building 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 county for damages to persons or property.
1.
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 Part.
2.
When written notice
of any of the provisions of this Part 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 the violation
is not discontinued, or extends beyond the specified time limit, the
Administrator shall revoke the grading permit and the violation is
subject to fine.
3.
Any person violating
any of the provisions of this Part shall, upon conviction in a summary
proceeding under the Pennsylvania Rules of Criminal Procedure, be
guilty of a summary offense and shall be punishable by a fine of not
more than $1,000, plus court costs and reasonable attorneys' fees
incurred by the Borough in the enforcement proceedings. Upon judgment
against any person by summary conviction, or by proceedings by summons
on default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the county correctional
facility for a period not exceeding 30 days. In addition to the above
penalties all other actions are hereby reserved including an action
in equity for the proper enforcement of this Part. The imposition
of a fine or penalty for any violation of, or noncompliance with this
Part shall not excuse the violation or noncompliance or permit it
to continue. All such persons shall be required to correct or remedy
such violations and noncompliance within a reasonable time. Any development
initiated or any structure or building constructed, reconstructed,
enlarged, altered, or relocated, in noncompliance with this Part may
be declared by the Council to be a public nuisance and abatable as
such.
[Amended at time of adoption of Code (see AO)]
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.