[Editor's Note: Res. 85-077, passed 10-7-1985, adopted a storm water run-off policy and agreement between Municipality and private landowners and developers.]
[Ord. 1280, passed 8-3-1970]
(a) 
Title. This chapter shall be known and may be cited as the "Penn Hills Grading Ordinance."
(b) 
Purpose. The purpose of this chapter is to provide minimum standards to safeguard persons, to protect property and to promote the public welfare by regulating the design, construction, quality of materials, use, location and maintenance of grading, excavation and fill.
(c) 
Definitions. As used in this chapter:
BUILDING PERMIT
A permit issued by the Department of Code Enforcement, pursuant to the provisions of the Building Code.
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 includes the conditions resulting therefrom. Excavation does not mean an act to remove subsurface minerals or other materials, which act takes place solely underground.
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 includes the conditions resulting therefrom.
GRADE
The elevation of the existing ground surface at the location of any proposed excavation or fill.
GRADING
Excavation or fill or any combination thereof and includes the conditions resulting from any excavation ox fill.
GRADING PERMIT
Any permit required under § 1424.03.
MUNICIPAL ENGINEER or ENGINEER
The Engineer appointed by Council.
PERSON
A natural person, but also includes a partnership or corporation and their heirs, successors and assigns.
SITE
A lot, tract or parcel of land, or a series of lots, tracts or parcels of land joined together, where grading work is continuous and performed at the same time.
[Ord. 1280, passed 8-3-1970]
New grading, excavations and fills, and changes, additions, repairs or alterations made to existing excavations and fills, shall conform to the provisions of this chapter.
[Ord. 1416, passed 11-4-1974]
(a) 
No person shall commence or perform any grading, excavation or fill without first obtaining a grading permit from the Engineer. A separate grading permit shall be required for each site. One permit may cover both an excavation and any fill made on the same site.
(1) 
A grading permit shall be issued where grading is limited to mining, quarrying or stockpiling of coal, rock, sand, aggregate or clay that satisfies the requirements of the regulations of the Commonwealth, upon receipt of plans approved by the appropriate department of the Commonwealth, provided such operation has had prior approval by the proper Municipal authorities.
(2) 
A grading permit shall be issued where grading is limited to solid waste disposal areas or sanitary landfills, operated in accordance with the requirements and rules adopted by the Commonwealth Department of Environmental Resources and the County Department of Health, upon receipt of plans approved by such Departments, provided that such operation has had prior approval by the proper Municipal authorities.
(b) 
A grading permit shall not be required in the following situations, but in all other respects the provisions of this chapter shall apply:
(1) 
An excavation which does not exceed five feet in vertical depth at its deepest point measured from the natural ground surface, does not result in cut and/or fill slopes deeper than four horizontal to one vertical and does not cover an area of more than 1,000 square feet in areas of landslide prone soils; and
(2) 
An excavation which does not exceed 10 feet in vertical depth, does not result in a cut and/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 that are certified by a soils engineer as not being landslide prone. These exceptions shall not affect the applicability of this chapter to, or the requirement of a grading permit for, any fill made with the material from such excavation, unless such fill is within the exception of Subsection (b)(3) hereof.
(3) 
A fill that does not exceed 500 cubic yards of material on any one site and a fill that does not exceed 10 feet in vertical depth at its deepest point measured from the natural ground surface and does not cover an area of more than 5,000 square feet, provided that the surfaces of such fills do not have a slope at any point steeper than three horizontal to one vertical;
(4) 
An excavation below finished grade for basements and footings of a building, swimming pool or underground structure authorized by a building permit, and excavation of a driveway between a building site and the street, provided, however, that a permit is required for excavation of a driveway between the building site and the street when conditions such as excessive cut or fill make such permit necessary. This exception shall not affect the applicability of this chapter to, or the requirement of a grading permit for, any fill made with the material from such excavation unless such fill is within the exception of Subsection (b)(2) hereof. A grading permit shall not be required for the temporary stockpiling on the same site of the material from such excavation.
(5) 
A single-family house site where the maximum gradient between property lines and the maximum excavation or fill, exclusive of the situations referred to in Subsection (b)(3) hereof, do not exceed the grades or quantities set forth in the following table:
Single Family House Site
(square feet)
Maximum Gradient Without Permit
(feet)
Maximum Excavation Or Fill Without Permit
(cubic yards)
Less than 6,000
12 in 100
75
From 6,000 to 10,000
15 in 100
100
From 10,001 to 18,000
15 in 100
200
From 18,001 to 30,000
15 in 100
250
Over 30,000
20 in 100
250
[Ord. 1280, passed 8-3-1970]
Every applicant for a grading permit shall file a written application therefor with the Director of Code Enforcement. 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 by a registered professional engineer or a registered surveyor, including: a contour map on a scale of one inch equals 10 to 50 feet, showing the present contours of the land on five-foot intervals and the proposed contours on five-foot intervals of the land after completion of the proposed grading and a plan showing cross-sections of the proposed cut or fill on 100-foot intervals which show the method of benching both cut and/or fill; however, under no circumstances shall there be less than two cross-sections for each property involved under such permit; a plot plan showing the location of the grading, boundaries, lot lines, neighboring streets and alleys, buildings, trees over 15 inches in diameter two feet above the ground, or tree clusters, and sufficient dimensions and other data to show the location of all work; descriptions of the type and classification of the soil; details and location of any proposed drainage structures and pipes, walls and cribbing; location of any and all existing public or private utilities; existing drainage pattern; mine openings, capped wells and other pertinent physical features; the nature of fill material; and such other information as the engineer requires to carry out the purposes of this chapter. All plans shall be dated and bear:
(1) 
The name and seal of the registered professional engineer or registered surveyor who prepared the same;
(2) 
The name of the applicant; and
(3) 
The Owner of the Land. Plans shall be submitted in triplicate.
(c) 
State the estimated dates of the starting and completion of the grading work;
(d) 
State the purpose for which the grading application is filed; and
(e) 
State whether or not a building, structure or other improvement, the construction of which will require a building permit under the Building Code, will be or is intended to be erected on the land on which the grading is to be done. The Engineer may waive or modify the requirement of any or all plans and specifications listed above if he finds that the information on the application is sufficient to show that the work will conform to the provisions of this chapter.
[Ord. 1280, passed 8-3-1970; Res. 70-1980, passed 8-6-1980; Ord. 1914, passed 12-16-1985; Ord. 2026, passed l-3-1989; Ord. 2146, passed 6-7-1993]
(a) 
At the time an application for a grading permit is submitted, the applicant shall pay to the Municipality an application review fee as follows:
Volume of Material
(cubic yards)
Permit Fee
First 1,000
$100
Each additional 1,000
$50
Maximum fee
$1,000
Escrow Agreements and Bonds
For each agreement or bond
$10
(b) 
Before issuance of a grading permit involving the movement of a volume of material of 1,000 cubic yards or more, the applicant shall post a bond with corporate surety or other approved security as set forth in § 1424.10(c), in the amount of 25% of the estimated cost of the work, to guarantee the completion of such work, including slope treatment and drainage contemplated by the permit. Additional bond requirements are established in § 1424.10(c) and 1424.15(a). In the event that the applicant will move or grade so much land or area that a formal agreement will be required by Council, then such agreement shall be prepared by the applicant at his own cost and expense and shall be approved as to form by the Municipal Attorney.
[Ord. 1280, passed 8-3-1970]
Every grading permit shall expire by limitation and become null and void if the work authorized by such permit has not been commenced within six months or is not completed within one year from the date of issue, provided that the Municipal Engineer may, if the permit holder presents satisfactory evidence that unusual difficulties have prevented the 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.
[Ord. 1280, passed 8-3-1970]
Where, in the opinion of the Municipal Engineer, the work as proposed by the applicant is likely to endanger any property or any street or alley, he shall deny the grading permit.
Council shall consider promptly appeals from the provisions of this chapter or from the determinations of the Municipal Engineer and may consider alternate methods, standards or materials proposed by the applicant. Any applicant or permit holder shall have the right to appeal to any court of competent jurisdiction from any decision or determination of Council.
[Ord. 1280, passed 8-3-1970]
The Municipal Engineer or his authorized representative shall, when requested, make the inspections hereinafter required and shall either approve that portion of the work which has been completed or notify the permit holder when the same fails to comply with the provisions of this chapter. Where it is found by inspection that the soil or other conditions are not as stated or shown in the application, the Municipal Engineer may refuse to approve further work until approval is obtained for a revised grading plan conforming to the existing conditions. Plans for grading work, approved by the Municipal Engineer, shall be maintained at the site during the progress of the grading work until the work has been approved.
The permit holder shall notify the Director of Code Enforcement in order to obtain inspections in accordance with the following schedule and such notification shall be made by the permit holder at least 24 hours before the inspection is to be made:
(a) 
Initial Inspection. When work on the excavation or fill is about to be commenced;
(b) 
Rough Grading. When all rough grading has been completed;
(c) 
Drainage Facilities. When drainage facilities are to be installed and before such facilities are backfilled;
(d) 
Special Structures. When excavations are complete for retaining and crib walls and when reinforcing steel is in place and before concrete is poured; and
(e) 
Final Inspection. When all work, including the installation of all drainage and other structures, has been completed.
If, at any stage of the work, the Municipal Engineer determines by inspection that the nature of the formation is such that further work as authorized by an existing permit is likely to endanger any property, street or alley, or create hazardous conditions, the Engineer may suspend operations. The Engineer may require, as a condition to allowing the work to continue, that the permit holder take reasonable safety precautions to avoid such likelihood of danger. Safety precautions may include, but are not limited to, specifying a flatter exposed slope and construction of additional drainage facilities, berms, terracing, compaction, cribbing or walls.
The cost for all inspections shall be borne by the owner of the land at rates established by the Municipality.
[Ord. 1280, passed 8-3-1970]
No excavation shall be made with a cut face steeper in slope than two horizontal to one vertical, except under one or more of the following conditions:
(a) 
The excavation is located so that a line having a slope of two horizontal to one vertical and passing through any portion of the cut face will be entirely inside the property lines of the property on which the excavation is made.
(b) 
A written statement from a registered professional engineer, licensed by the Commonwealth and experienced in soils engineering, certifying that he has inspected the site and that the material in which the excavation is to be made is sufficiently stable to sustain a slope steeper than two horizontal to one vertical and that such steeper slope will not endanger any property or result in property damage, is submitted to and approved by the Municipal Engineer.
(c) 
In no event shall the slope be steeper than one horizontal to one vertical unless a retaining wall or other approved support, designed by and bearing the seal of a professional engineer and approved by the Municipal Engineer, is provided to support the face of the excavation.
[Ord. 1280, passed 8-3-1970; Ord. 1416, passed 11-4-1974]
(a) 
No fill shall be made which creates any exposed surface steeper in slope than two horizontal to one vertical, except under one or more of the following conditions:
(1) 
The fill, in the opinion of the Municipal Engineer, is located so that settlement, sliding or erosion of the fill material will not result in property damage or be a hazard to adjoining property, streets, alleys or buildings.
(2) 
A written statement from a registered professional engineer, licensed by the Commonwealth and experienced in soils engineering, certifying that he has inspected the site and that the proposed deviation from the slope specified above will not endanger any property or result in property damage, is submitted to and approved by the Municipal Engineer. The Municipal Engineer may require that the fill be constructed with an exposed surface flatter than two horizontal to one vertical if he finds that under the particular conditions such flatter surface is necessary for stability and safety.
(b) 
Fills, embankments and finish grading shall be designed in accordance with the following:
(1) 
The bearing value and stability of the material under proposed fills and embankments shall be determined by subsurface investigation performed by a qualified registered professional engineer because of the potential for unexpected conditions in earth materials and a possibility of earth movement.
(2) 
The type of fill material available in each stage of the grading operations shall be determined in order to plan proper filling procedures.
A. 
Broken concrete, concrete block, cinder block, brick, slag and stone may be incorporated in fills and embankments, but only in layers 24 inches thick, maximum, as per Commonwealth Department of Transportation Specifications, Form 408, 1973, Section 206.3(d), or later specifications which the Commonwealth may adopt, with voids filled and a blanket of compacted fill separating one layer of rock from the next. Rock fill shall be placed near the bottom of fill and in relation to the toe of the proposed embankments, building foundations, building caissons and subsurface utility installations. Suitable earth shall be reserved or be provided to cover rock fill under proposed seeded or planted areas.
B. 
Coal, honey, red-dog, expansive shale and cinders shall not be placed in fill areas.
C. 
Wood or decomposable material shall not be placed in fill areas.
(3) 
All organic debris and all topsoil shall be removed from areas to receive fill.
(4) 
On major fills or embankments, as determined by the Municipal Engineer, a toe bench shall be constructed below mantle under the toe of fill, as per § 1424.12.
(5) 
To take care of ground and subsurface water in the proposed fill area, a porous drain shall be installed on the bottom and back wall of the toe bench, together with a drain pipe and suitable discharge pipe to the existing surface beyond and below the toe of the proposed fill.
(6) 
Overfilling of slopes is desirable to permit final shaping of the surface to the proposed grade without the addition of loose fill over the surface of the slope, provided that no fill shall be higher than six feet vertically before the slope is shaped to proper grade.
(7) 
At the end of each work day, the horizontal surface of the fill area shall be shaped, compacted and rolled to slope to the outside edge to provide for drainage.
(c) 
No grading permit shall be issued for the filling of materials other than clean soil or earth, until a faithful performance bond in the amount of at least 10% more than the Municipal Engineer's estimated cost of adequately covering such fill with clean soil or earth, has been furnished to the Municipality. Such bond shall be executed by a corporate surety, as well as by the principal, and shall be subject to the approval of the Municipal Attorney as to form. The bond shall inure to the benefit of the Municipality and be conditioned upon the faithful performance of the work required under the terms and conditions of the grading permit to the satisfaction of the Municipal Engineer. In lieu of such bond, a cash deposit in the same amount may be made with the Municipality or with a bank or trust in the same amount may be made with the Municipality or with a bank or trust company, approved by the Municipal Attorney, which shall act as escrow agent.
[Ord. 1280, passed 8-3-1970]
In order to prevent erosion, the permittee shall be required to provide adequate ground covering of such kind and character as may be approved by the Municipal Engineer. For slopes steeper than three horizontal to one vertical, the ground covering shall be an approved mixture of Crown Vetch and tall fescue. These areas shall be mulched in an approved manner. The ground covering for other slopes shall be either grass, Crown Vetch or other approved variety of vegetation.
The completion of fills, embankments and finish grading should be done during a season of the year when turf or ground cover can best be established.
[Ord. 1280, passed 8-3-1970]
All fills shall be compacted to provide stability of material and to prevent undesirable settlement. Except as provided in § 1424.10(b)(2), the fill shall be spread in a series of layers, each not exceeding eight inches in thickness, and shall be compacted by a sheepsfoot roller or other approved method after each layer is spread. Fill should be placed at the optimum moisture content for the specified degree of compaction. The Municipal Engineer may require, at no cost to the Municipality, tests or other information if, in his opinion, the conditions or materials are such that additional information is necessary. Where fills are placed on slopes of 5% or more, benching of the surface shall be required and indicated on the cross sections.
[Ord. 1280, passed 8-3-1970; Ord. 1416, passed 11-4-1974]
(a) 
Adequate provisions shall be made to prevent any surface water from damaging the cut face of an excavation or the sloping surface of a fill.
(b) 
The drainage pattern, prior to construction shall be indicated on the plans, and adequate measures shall be taken to eliminate any erosion and water runoff damage to adjacent properties during the construction and after completion of construction.
(c) 
The necessary storm sewers, catch basins, drainage ditches and swales to protect adjacent properties shall be constructed before the property to be graded is cleared and grubbed and before any excavation or filling is started. The storm sewers, catch basins, drainage ditches and swales must be maintained, cleaned, cleared and open during construction. If the above is not complied with, the Municipal Engineer shall stop all clearing and grading on the site until the necessary drainage facilities are completed, or the permit shall be revoked and the required bond shall be forfeited.
(d) 
Drainage ditches shall be constructed at the toe and top of cut and ahead of fill slopes to divert the surface water to drainage facilities during and after construction.
(e) 
New storm sewers and other facilities and utilities traversing a proposed fill area shall be buried a minimum of three feet from the top of the pipe to the existing grade, or the fill shall be constructed in that area prior to excavating for the installation of such sewers and utilities. The minimum size storm sewer shall be 15 inches in diameter unless a variation in size is approved by the Municipal Engineer.
(f) 
Slopes steeper than two horizontal to one vertical and of more than 15 feet in vertical height shall be separated by a level berm of at least four feet in width at intervals of not more than 15 feet vertically. On slopes of two horizontal to one vertical, or less steep, the four-foot level berms shall not be required unless deemed necessary by the Municipal Engineer.
(g) 
Drainage ditches with a grade of 7% or greater, or a velocity more than seven feet per second, shall be paved with concrete, bituminous mixture, brick, half pipe, rubble or other hard surface material.
(h) 
Drainage ditches with a grade of less than 7% or a velocity of less than seven feet per second, shall be grassed and sloped in such a manner that they can be conveniently cut and maintained.
(i) 
Drainage structures, storm sewers and appurtenances shall be of proper design and so constructed as to carry surface water and any subsurface water encountered to the nearest practical storm drain or natural watercourse approved by the Municipal Engineer as a safe place to deposit and receive such waters. Approval by the Municipal Engineer in no way relieves the owner of his legal responsibilities to adjacent property owners.
(j) 
If, in the opinion of the Municipal Engineer, the proposed drainage structures, storm sewers and appurtenances are not adequate, he shall require the addition of such facilities as to insure the prevention of erosion damage and to satisfactorily carry off both surface waters and any subsurface drainage.
(k) 
Where proposed storm sewer pipes, ditches, etc., are to discharge into existing Commonwealth Department of Transportation or County storm water facilities, highway occupancy permits are to be obtained from the proper department, approving such discharge before grading operations can commence under the Municipal grading permit.
[Ord. 1280, passed 8-3-1970]
The owner of any property on which an excavation or fill has been made shall maintain in good condition and repair all retaining walls, cribbing, drainage structures, fences, ground cover and other protective devices as established by permit, and further, the continued use of such area shall be contingent upon its maintenance and upkeep, satisfactory to the Municipality and subject to such further conditions as the Municipality may prescribe from time to time. The certificate of completion, therefore, may at any time be revoked by Council upon the recommendation of the Manager, the Municipal Engineer and/or the Public Works Director and upon being advised that the conditions of the permit are not being observed and that conditions exist that prejudice the health, safety and welfare of any person or property. Before such revocation, the Manager shall first give written notice to the permit holder and to the owner of the property involved, specifying the defective condition and stating that unless such defective condition is remedied, the certificate may be revoked. If the defective condition is remedied, the certificate shall not be revoked. Such conditions shall be corrected within 30 days of notice to the owner to correct the same.
[Ord. 1280, passed 8-3-1970; Ord. 1416, passed 11-4-1974]
(a) 
The top or bottom edge of slopes shall be at least three feet from property or right-of-way lines of streets in order to permit the normal rounding of the edge without encroaching on the abutting property. A fence not less than four feet in height, of a design approved by the Department of Code Enforcement and the Municipal Engineer and meeting Municipal fence requirements, shall be placed at the top of all cuts or fill slopes in excess of 1 1/2 horizontal to one vertical. Before a grading permit is issued, a bond shall be required as provided in § 1424.05 to guarantee the protection of steep slopes.
(b) 
The owner of a property shall be responsible to protect and clean up lower properties of silt and debris washing from his property as a result of the re-grading of his property.
(c) 
In order to prevent the denuding of the landscape, wherever practicable, large trees and other natural features constituting important physical, aesthetic and economic assets to existing or impending suburban development shall be preserved.
(d) 
Prior to any grading work, all topsoil shall be removed from the area to be graded and stockpiled and preserved for re-use on the site.
(e) 
Where earth work under the provisions of this chapter requires a driveway connection to a Commonwealth Department of Transportation or County highway, highway occupancy permits shall be obtained from the proper department approving such connection before grading operations can commence under the Municipal grading permit.
[Ord. 1280, passed 8-3-1970]
A certificate of completion shall be issued by the Municipality to the holder of the grading or filling permit upon the following conditions:
(a) 
Upon completion of the work authorized by the grading permit, the permit holder shall submit in writing to the Municipal Engineer a statement certifying that all work authorized or required to be done by the grading permit, as well as the requirements of this chapter, has been completed and that the work complies with all of the requirements contained therein.
(b) 
The acceptance by the Municipality of such statement of the permit holder or the issuing by the Municipality of a certificate of completion in no way relieves the permit holder, property owner or future property owners from the responsibility to maintain the project in a safe and acceptable condition.
(c) 
By the issuing of a permit to grade, fill, excavate, etc., by the Municipality, or by the Municipality issuing a certificate of completion, the Municipality in no way accepts any liability, legal or otherwise, for the completion of any work authorized by the issuance of such permits, or for the satisfactory results of work performed under the authorization of such permits. Such liability, legal or otherwise, shall always remain that of the permittee, his heirs, successors and assigns.
(d) 
Whenever it is found that the project or work covered by a certificate of completion has been extended or altered without a permit to do so or that any retaining wall, cribbing, drainage structure, fence or other protective means or device shown on the approved plans and/or specifications submitted for a permit has not been built or maintained in good order and repair, the Municipal Engineer shall advise the Manager of all of the work required to be done so as to make the project substantial and safe. The Manager shall give written notice to the property owner, specifying the defective condition and stating that unless such defective condition is remedied, appropriate legal action shall be taken. Such defective condition shall be remedied within 30 days from the date of notice to the owner to comply.
[Ord. 1280, passed 8-3-1970]
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.
When written notice of a violation of any of the provisions of this chapter has been served by the Manager on any person, such violation shall be discontinued immediately.
[Ord. 1280, passed 8-3-1970]
If any work is performed by any person in violation of any of the provisions of this chapter, the proper office of the Municipality, in addition to other remedies, may institute in the name of the Municipality, any appropriate action or proceeding, whether by legal process or otherwise, to prevent such unlawful work and to restrain or abate such violation.
[Ord. 1280, passed 8-3-1970]
Whenever any person has been notified by the Manager, by service of summons in a prosecution or in any other way, that such person is committing a violation of any of the provisions of this chapter, a separate offense shall be deemed committed each day during or on which such violation occurs or continues after such notification.