This chapter shall be known and may be cited as the "Borough
of Cheswick Grading Ordinance."
The purpose of this chapter is to provide minimum standards
to safeguard persons and property, to protect and to 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 design, construction, quality of
materials, use, location and maintenance of grading, excavation and
fill.
Whenever used in this chapter, the following words shall have
the meanings 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
is deposited, placed, pushed, dumped, pulled, transported or moved
to a new location and shall include the conditions 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 soil survey of Allegheny County, Pennsylvania, as prepared
by the United States Department of Agriculture Soil Conservation Service
et al.
[Amended 4-21-1987 by Ord. No. 659]
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 Resources
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 a better source as containing landslide-prone
soils. Other 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.
[Amended 4-21-1987 by Ord. No. 659]
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 soil
not recognized by the soil survey or better as landslide-prone.
E. The fill amount does not exceed 500 cubic yards on any one site.
F. 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,
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 zoning or building permit should follow the standards and requirements
of this chapter.
[Amended 4-21-1987 by Ord. No. 659]
H. Soil excavated under the authorization of a zoning or 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 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 4-21-1987 by Ord. No. 659]
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
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,
shall be followed. One or a combination of guidelines shall 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 shall 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 Borough for damages to persons or property.
In case any work is performed by any person in violation of
any of the provisions of this chapter, the proper officer in the Borough
of Cheswick, in addition to other remedies, may institute, in the
name of the Borough of Cheswick, any appropriate action or proceeding,
whether by legal process or otherwise, to prevent such unlawful work
and to restrain or abate such violation.