This chapter shall be known and may be cited as the "Grading
Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
Any person or entity who applies for or to whom a permit
is issued pursuant to this chapter and/or who is subject to inspection
under this chapter.
BEDROCK
Natural rock layer, hard or soft, in place at ground surface
or beneath unconsolidated surficial deposits.
BUILDING
Any structure having a roof supported by columns or walls
for the housing or enclosure of persons or animals. When any portion
thereof is completely separated from every other portion thereof by
a division wall without openings, then each such portion shall be
deemed to be a separate "building."
BUILDING PERMIT
A valid permit issued by the Borough pursuant to the Construction
Code for the construction, erection or alteration of a structure or
building.
CLEARING
The clearing, grubbing, scalping, removal of trees or stumps
and removing and disposing of all vegetation and debris within the
site, including the conditions resulting therefrom.
COMMERCIAL PROJECT
Any work in any zone district that is being constructed to
produce income for the owner.
CONSTRUCTION
The erection, alteration, repair, renovation, demolition
or removal of any building or structure, and the clearing, stripping,
excavating, filling, grading and regulation of sites in connection
therewith.
DEBRIS
Loose refuse, rock, mud or earth material not suitable for
use as presently situated or constituted, as determined by the Borough
Engineer. See also "waste."
DEVELOPER
Any person commencing proceedings under this chapter to effect
the development of land for himself or for another.
EROSION
The detachment and movement of soil or rock fragments or
the wearing away of the surface by water, wind, ice or gravity, including
such processes as gravitational creep.
EXCAVATION
Any act by which earth, sand, gravel, rock, coal or any other
similar material is cut into, dug, quarried, uncovered, removed, displaced
or relocated, 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, or
the material used in such activity.
FINISHED GRADE
The elevation of the ground surface above sea level after
grading has been completed and the elevation coincides with the elevation
called for in a grading plan.
FLOODPLAIN
A flat or low land area subject to inundation from a stream,
river or watercourse and/or any area subject to the rapid accumulation
of surface waters from any source.
GRADING
An excavation or fill or any combination thereof (either
initially or repeatedly), including the conditions resulting from
any excavation or fill.
GRADING PERMIT
A permit issued by the Borough to authorize work to be performed
in compliance with, and as required by, this chapter.
GRADING PLAN
The plan of proposed grading which contains all of the information
required by this chapter for approval of a grading permit.
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.
PROFESSIONAL ENGINEER
A person licensed or otherwise authorized by the Commonwealth
of Pennsylvania to practice engineering, whose specialty is in the
field of civil engineering, unless another specialty is set forth
herein (e.g., such as that required for excavation and fill for slopes
steeper than 2/1 slope).
PROFESSIONAL SURVEYOR
A person licensed or otherwise authorized by the Commonwealth
of Pennsylvania as a surveyor.
REGRADING AREA
Any area on a property where the topographic lines have changed
pursuant to a grading plan.
RESIDENT INSPECTOR
An inspector supplied by an engineering company, to oversee
that the integrity of all site work is being completed to plan and
specification.
RESIDENTIAL PROJECT
Any project being completed for, or to support a single family
housing unit or single family rental unit.
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 chapter, and which is more than
four feet in height, as measured on the exposed vertical surface of
the wall.
ROUGH GRADE
That state of grading which approximates the finished grade
in a plan of grading.
SEDIMENTATION
The process by which soil or other surface material is accumulated
or deposited by water, wind or gravity.
SITE
A lot, tract or parcel of land or a series of lots, tracts
or parcels of land joined together, where work is continuous and performed
at the same time.
SLOPE
That ratio formed by the horizontal over the vertical difference
of position and where the vertical difference is usually expressed
as one (e.g., 2/1, 3/1, etc.).
SOIL
All earth material of whatever origin that overlies bedrock
and may include the decomposed zone of bedrock which can be readily
excavated by mechanical equipment. The term "clean soil or earth"
shall mean that earthen material consisting only of uncontaminated
soils, stones or rocks, or a mixture or combination of such materials,
of appropriate dimensions, that are raw materials, excavated or extracted
from a borrow pit or some earthen bank.
STRIPPING
Any activity which removes or significantly disturbs the
vegetative surface cover.
WASTE
All parts of or any combination of material that is an unintended
by product of a manufacturing process and/or that is intended to be
or has been discarded. Examples of waste for the purposes of this
chapter include, but are not limited to, ashes, garbage, refuse, radioactive
material, demolition materials and industrial wastes such as food-processing
wastes, wood, plastic, metal scrap, or any similar materials.
WATERCOURSE
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, drainage way, waterway, gully, ravine
or wash in which water flows in a definite direction or course, either
continuously or intermittently, including any area adjacent thereto
which is subject to inundation by reason of overflow or floodwater.
WORK
Any activity authorized under a grading permit, including,
but not limited to, clearing, construction, grading and stripping.
The purposes of this chapter are to regulate the modification
of natural terrain, and the alteration of drainage and to provide
for certain erosion and sediment control measures to safeguard persons,
to protect property, to maintain the present level of ecology and
to promote the public welfare by regulating and controlling the design,
construction, quality of materials, use, location and maintenance
of grading, excavation and fill.
Before issuing a grading permit, the Borough shall collect a
permit fee from the applicant in accordance with the following provisions:
A. Application fees and deposits. The Borough Council shall establish
from time to time by resolution fees and deposits to be paid by the
applicant/developer at the time of filing the relevant application
under this chapter.
B. Review fees and expenses. The applicant/developer shall reimburse
the Borough for all fees and expenses incurred by the Borough related
to an application and/or grading permit under this chapter, including,
but not limited to, the reasonable and necessary charges of the Borough
professional consultants, the Borough Engineer and the Borough Solicitor
for review and report on an application and/or grading permit under
this chapter and the inspection of improvements and/or work related
thereto.
C. Upon filing an application, the applicant must agree, in writing,
to pay costs actually incurred by the Borough, regardless of whether
the work related thereto is ever initiated or completed.
During grading or other work, the applicant shall be responsible
for:
A. Performing all work in accordance with the grading permit, approved
plans, specifications and timing schedule and in compliance with all
requirements of this chapter.
B. Preventing damage to public utilities within the area where work
is performed and along any routes of travel of construction equipment,
and repairing any such damage if necessary.
C. The prevention and/or repair of damage to adjacent property. No person
shall grade on land so close to the property line as to endanger any
adjoining public street, sidewalk, alley or any public or private
property without supporting and protecting such property from settling,
cracking or other damage which might result.
D. The prompt removal and legal disposal of all soil, debris, waste
or other material spilled, dumped or otherwise deposited on public
streets, highways, sidewalks or other public thoroughfares during
transit to and from the construction site. The Borough Engineer may
require the construction of a haul road or other approved vehicle
cleaning method to prevent the spread of debris.
E. The prevention of all sediment from entering into any public sanitary
or storm sewer system or watercourse.
Following written notice issued to the applicant and reasonable
opportunity to cure, the Borough Engineer may revoke or suspend any
permit issued under this chapter for:
A. Violation of any condition of the grading permit.
B. Violation of any provision of this chapter or any other applicable
law, ordinance, rule or regulation relating to work authorized under
a grading permit.
C. Existence of any condition or the doing of any act constituting or
creating a nuisance or hazard or endangering human life or the property
of others.
Unless otherwise provided by Pennsylvania law, every grading
permit shall automatically expire if the authorized work is not commenced
within three months or is not completed within six months for residential
projects, or for commercial projects commenced within three months
or is not completed within one year from the date of such permit issuance.
If the applicant provides satisfactory evidence in writing that unusual
difficulties have prevented the work from being started or completed
within the specified time limits, the Borough Engineer may grant a
reasonable extension of time. An applicant must file an application
for the extension of time before the date of expiration of the grading
permit.
All modifications to the approved plans, specifications, timing
schedule and cost estimate for a grading permit shall be submitted
to the Borough for review and approval by the Borough Engineer. There
shall be no differentiation between major and minor modifications
with respect to this section. Modifications of the approved plans
shall be reviewed and approved in the same manner as the original
plan.
The developer or the owner of any property on which work has
been done pursuant to a grading permit, or any other person or agent
in control of such property, shall maintain in good condition and
promptly repair or restore all damaged grade surfaces, walls, drains,
dams and structures, plantings, vegetation, erosion and sedimentation
control measures and other protective devices. Such repair, restoration
and maintenance shall be in accordance with the approved plans, specifications
and grading permit as required by this chapter.
Neither the issuance of a grading permit, nor compliance with
this chapter or any conditions imposed by the Borough Engineer, shall
relieve any person from the responsibility for damage to any person
or property otherwise imposed by law, nor impose any liability upon
the Borough for damages to any person or property.