[Adopted 10-14-1974 as Ch. 56 of the 1974 Code (Ch. 147
of the 1999 Code)]
Wherever used in this Part, the following words
shall have the meanings indicated:
ADMINISTRATOR
The person qualified and officially appointed by the governing
body to manage this Part.
BEDROCK
Natural rock layer, hard or soft, in place at ground surface
or beneath unconsolidated surficial deposits.
ENGINEER, PROFESSIONAL
A person licensed by the Commonwealth of Pennsylvania to
practice engineering and who is knowledgeable in the branch of civil
engineering.
ENGINEERING GEOLOGIST
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.
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, including the conditions resulting therefrom.
FILL
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.
GRADING
Excavation or fill or any combination thereof, including
the conditions resulting from any excavation or fill.
HAZARD
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.
PERSON
A natural person, but also including a partnership, corporation,
trust or association.
SITE
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.
SOIL SURVEY
The unpublished and operational soil survey for Allegheny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.
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.
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.
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.
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.
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.
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.