[Amended 4-14-1980 by Ord. No. 753]
Wherever used in this chapter, the following words shall have
the meaning indicated:
ADMINISTRATOR
The person qualified and officially appointed by the governing
body to manage this chapter.
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 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 shall include the conditions resulting
therefrom.
FILL
Any act by which earth, sand, gravel, rock or any other material
if deposited, placed, pushed, dumped, pulled, transported or moved
to a new location and shall include the condition resulting.
GRADING
Excavation or fill or any combination thereof and shall include
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 shall also include 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The unpublished and operational Soil Survey for Allegheny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 USDA Soil 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:
A. Grading is limited to mining, quarrying or stockpiling of coal, rock,
sand, aggregate or clay that satisfy requirements of regulations of
the Commonwealth of Pennsylvania.
B. Grading 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.
C. Excavation does not exceed five feet in vertical depth, does not
result in 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.
D. Excavation 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.
E. Fill amount does not exceed 500 cubic yards on any one site.
F. 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,
the area of fill does not exceed 5,000 square feet and the slope of
fill is not steeper than three horizontal to one vertical.
G. Grading does not exceed new construction authorized by a building
permit properly issued by the governing body. Grading under the authorization
of a holding permit should follow the standards and requirements of
this chapter.
H. Soil excavated under the authorization of a building permit properly
issued by the governing body is temporarily stockpiled on the same
site as 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 chapter; in addition,
if excavated building 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.
[Amended 4-14-1980 by Ord. No. 753]
A. 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 §
234-2 of this chapter, the owner of the property upon which the excavation, embankment, or fill is located, or other person or agent in control of said property, upon receipt of notice, 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.
B. If, after such notification, the property owner has not made the
necessary repairs within the time adopted, then the governing body
may direct Borough 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.
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, and 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 show 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 chapter.
(1) All plans shall be dated and bear:
(a)
The name and seal of the professional engineer who prepared
the same;
(b)
The name of the applicant; and
(2) 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.
(1) 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.
(2) To be adequate, a geological report may include a detailed description
of the geological conditions of the site; 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.
(3) 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
chapter for issuing a grading permit.
[Amended 4-14-1980 by Ord. No. 753]
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 completion of said
work and facilities in a satisfactory manner and meeting the requirements
of this chapter. 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 modification 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 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 hazard, depending on site conditions and proposed grading.
However, the administrator may approve grading plans not meeting guidelines
of the handbook if 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
chapter, 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.
[Amended 4-14-1980 by Ord. No. 753]
A. No person shall construct, enlarge, alter, repair or maintain any
grading, excavation or fill, or cause the same to be done contrary
to or in violation of any provision of this chapter.
B. When written notice of any of the provisions of this chapter has
been served by the administrator on any persons, 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 the grading
permit and the violation is subject to fine.
C. Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$300, and costs of prosecution, or, in default of payment of such
fine and costs, to undergo imprisonment for not more than 30 days,
provided each violation of any provision of this chapter, and each
day the same is continued shall be deemed a separate offense.
In case any work is performed by any person in violation of
any of the provisions of this chapter, the proper officer of the Borough,
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.
The provisions of this chapter are severable, and if any of
its provisions or any part of any provision shall be held unconstitutional,
the decision of the court shall not affect or impair any of the remaining
provisions. It is hereby declared to be the intent of Council/Planning
Commission that this chapter would have been enacted had such unconstitutional
provisions or parts thereof not been included herein.