A.
A land disturbance permit must be obtained from the Municipality
for any grading projects, including excavations, cuts and fills. Changes,
additions or alterations to existing excavations or fills shall conform
to the provisions of these regulations. A separate land disturbance
permit shall be required for each site.
B.
A land disturbance permit shall be required for any grading operation
within the Municipality of Monroeville involving volumes of earth
movement that are less than 10,000 cubic yards.
C.
Volumes of earth movement in excess of 10,000 cubic yards are major excavations and require conditional use approval from the Council of the Municipality of Monroeville as provided for in Chapter 359, Zoning, of the Code of the Municipality of Monroeville.
D.
Only one permit is required for a contiguous parcel to be graded
for an approved planned development, such as planned residential development,
planned group unit, subdivision or land development.
E.
When grading is to be performed for and executed concurrently with
the preparation of the land for an approved site plan, a land disturbance
permit will be required.
A land disturbance permit may not be required for any of the
following situations, assuming that the grading standards of this
chapter are not violated:
A.
Grading limited to reasonable, regular, normal maintenance and landscaping
improvements by individual homeowners, where grading standards of
this chapter are not violated.
B.
Stockpiling of rock, sand and aggregate in an area properly zoned
for such use.
C.
Temporary excavation below finished grade for basements, additions
to existing structures, swimming pools or accessory structures for
which a building permit has been issued, unless the Municipality determines
that the possibility of erosion and sedimentation exists.
D.
Normal agricultural operations, including but not limited to planting,
tilling, and seeding.
E.
Cemetery graves.
F.
Exploratory excavations under the direction of professional engineers
or geologists for the purposes of preparing soils and geotechnical
reports, provided that professional standards (including compaction
and reseeding where appropriate) are met.
G.
Emergency grading. Grading for the purposes of restoring land to
a safe condition following a flood or natural disaster or grading
to eliminate a potential hazard created by same and that does not
create a hazard to adjacent land. In such cases, the Municipality
must be notified within 48 hours.
H.
Water wells.
A.
All applications requiring a permit shall submit a land disturbance
plan for review. The land disturbance plan shall be in conformance
with the regulations and standards in this chapter.
B.
The Municipality may, at the its sole option, hire its own geotechnical
engineer at the applicant's expense to review the engineering design,
grading and construction plans and specifications to determine their
compliance with the requirements of this chapter. The Municipality
shall determine the amount of the escrow account to the established
for purposes of compensating its geotechnical engineer.
The land disturbance plan must be prepared by a qualified, registered
professional geotechnical engineer when the project involves site
conditions, including, but not limited to, the following:
A.
The application for approval of a proposed land disturbance plan
shall be submitted to and accompanied by a fee established by the
Municipality of Monroeville.
B.
The review fee shall cover the Municipality's cost of reviewing application
documents. Any additional charges incurred by the Municipality to
review the application for a land disturbance permit shall be incurred
by the applicant. Any application fees not expended by the Municipality
shall be returned to the applicant within a reasonable period of time.
Written application shall be made on a form provided by the
Municipality and shall include the following:
A.
Description of the land on which the proposed work is to be done,
by lot, block, tract, or street address, or similar description that
will readily identify and definitely locate the proposed work;
B.
The name and address of the applicant.
C.
The name and address of the landowner.
D.
The written permission and approval of the owner of the property,
if the applicant is an agent of the landowner, by affidavit.
E.
Estimated quantity of excavation and fill.
F.
Area of disturbance.
G.
Area of job site.
H.
Plans and specifications prepared by and signed by a qualified registered
professional engineer which include the following information:
(1)
Existing and proposed contours shown at two-foot intervals, except
where slopes exceed 35%, where they can be shown at five-foot intervals.
Show existing contours with dashed lines and label clearly. State
location and elevation of datum to which contour elevations refer.
Datum shall be a known, established bench mark. Contours plotted from
USGS quadrangle maps shall not be acceptable.
(2)
A plan showing cross sections of the cut on fifty-foot intervals
which show the methods of benching both cut and/or fill. Under no
circumstances shall there be fewer than two cross sections for each
property involved under said permit.
(3)
A plot plan showing the location of the grading, boundaries, lot
lines, neighboring streets and rights-of-way, existing and proposed
building(s), existing water and sanitary sewer lines, storm drainage,
existing utility lines, existing trees 10 inches and over in diameter
(measured two feet above the ground) and other data to show the location
of the work.
(4)
A plan showing the profile and cross section of proposed retaining
walls.
(5)
Description and classification of the soils from the Allegheny County
Soil Survey or from other methods approved by the Municipal Engineer.
(6)
Seeding locations and schedules.
(7)
Location of stormwater management and erosion control facilities.
(8)
Details and locations of watercourses, tributaries, wetlands, or
floodplains (either named or unnamed).
(9)
Nature of fill material.
(10)
Any such other information as requested by the Municipality
to carry out the purpose of this chapter.
(11)
All plans shall be dated and shall bear the name, signature
and seal of the registered professional engineer who prepared the
same, the name and signature of the applicant, and the name and signature
of the landowner.
(12)
All plan submissions shall include evidence of applications
for all permits required by local, county, state, or federal agencies.
The land disturbance permit will not be issued until evidence of receipt
of all such permits is provided to the Municipality.
(13)
A summary of the quantities of material to be excavated and/or
filled and the amount of material to be imported to, or exported from,
the site must be provided on the project plans.
(14)
The location and nature of known or suspected soil/geologic
hazard areas must be shown on the project plans.
(15)
Specifications, cross-sections, profiles, elevations, dimensions
and construction details must be prepared based on accurate field
data.
(16)
The proposal shall contain reasonable provisions for the preservation
of natural land and water features, vegetation, drainage and other
indigenous natural features of the site.
(17)
Applications for land disturbance permits shall be accompanied
by supporting data consisting of a soils engineering report and geologic
reports, unless waived by the Municipality because information is
available showing such data is not needed. The soil engineering report
shall include data regarding the nature, distribution and strength
of existing soils, conclusions and recommendations for grading procedures,
design criteria for corrective measures when necessary, and opinions
and recommendations covering adequacy of sites to be developed by
the proposed grading.
(18)
The geologic report shall include an adequate description of
the geology of the site, conclusions and recommendations regarding
the effect of geologic conditions on the proposed development, and
opinions and recommendations covering the adequacy of sites to be
developed by the proposed grading. Recommendations included in the
report shall be incorporated in the grading plans and specifications.
I.
State the estimated dates of starting and completion of the grading
work.
J.
The Municipality may waive the requirement of any or all plans and
specifications listed in the previous subsections if the information
on the application is sufficient to show that the work will conform
to the provisions of this chapter.
A.
The application shall consist of three copies of the written application,
drawings, specifications and reports. Additional copies may be required
if requested by the Municipality.
B.
The Municipality may waive the requirement for preparation of plans
by a professional engineer where it is evident that the proposed work
is simple, clearly shown on the drawings and poses no potential nuisance
or hazard to adjacent property.
A land disturbance permit will be issued by the Municipality
upon satisfaction of the following conditions:
A.
Payment of fees as established by the Municipality.
B.
Bonds and certificate of insurance approved by the Municipality.
C.
Compliance with the provisions of this chapter and approval by the
Municipality.
D.
In the interest of public health, welfare and safety, additional
items may be made a condition of the work permitted. These conditions
may include but shall not be limited to:
(1)
A reasonable time limit for completion of the work.
(2)
Limitations upon the hours of the day and/or days of the week for
performance of the work covered by the permit and/or travel on public
streets.
(3)
Construction of additional drainage facilities, berms, terracing
or cribbing.
(4)
Tests of all soil or other material used or involved in the operation,
the results of which shall be made available as soon as possible to
the Municipality.
(5)
Restrictions upon the size, type and number of pieces of equipment
to be used, including trucks traveling on public roadways.
(6)
Planting of appropriate ground cover on slopes to provide retention
of soil and control erosion.
(7)
On-site supervision of the work by a professional engineer or representative.
(8)
Immediate removal of debris deposited on public streets or thoroughfares
or adjacent property as a result of work.
(9)
Fencing of excavations or fills which would otherwise be hazardous
to persons.
(10)
Haul routes for materials.
(11)
No earth or organic material shall be deposited or placed where
it may be deposited into a stream, marsh, slough, or body of standing
water in a quantity deleterious to wildlife, aquatic life, or other
beneficial users of the water, nor shall earth or organic material
be deposited where it may flow onto neighboring property.
(12)
Dust from grading operations shall be controlled.
(13)
Compliance with applicable health and safety measures, including
but not limited to adequate warning signs, traffic controls, sanitary
measures, environmental measures and other applicable measures.
The land disturbance permit shall become null and void if the
work authorized has not commenced within one year or is not completed
within two years from the date of issue. The Municipality may issue
a renewal permit for an additional one-year-period.
A.
The applicant may appeal a denial on a permit application within
30 days of the date of that decision.
B.
The Council may grant relief from the strict provisions of this chapter
where, in its opinion, alternate methods, standards or materials proposed
by the developer will meet the objectives and intent of this chapter.
Any applicant or permit holder shall have the right to appeal decisions
of the Council to any court of competent jurisdiction.
A.
Prior to the issuance of a permit for any land disturbance project,
the applicant shall secure the necessary performance bonds and certificate
of insurance as established and approved by the Municipality.
B.
If work proposed in an application requires the use or occupancy
of municipal roads for access by heavy construction equipment or for
hauling of spoil or borrow material, a separate bond shall be required
to guarantee the repair and or replacement of pavements, curbs and
sidewalks damaged during land disturbance activity.
A.
The applicant shall notify the Municipality of the schedule of a
land disturbance operation. Notice shall be given to the Municipal
Engineer at least two working days before start or completion of a
land disturbance operation.
B.
Land disturbance work will be subject to inspections at the discretion
of the Municipal Engineer to determine that the work is being performed
in compliance with the approved permit and these regulations.
C.
Should the Municipal Engineer require, a report prepared by a professional
geotechnical engineer must be submitted, certifying that cuts and
fills have been performed in accordance with the approved plans and
specifications.
D.
The Municipality may require on-site inspection by a qualified geotechnical
engineer to monitor the land disturbance operation. The geotechnical
engineer will be retained by the Municipality. The cost for the geotechnical
engineer shall be incurred by the applicant.
E.
At the conclusion of the land disturbance activity, the permittee
shall certify, in writing, that all work has been completed in conformance
with the approved plans, specifications, reports, and permit conditions.
This certification shall be submitted to the Municipality.
A.
The owner of any property on which a permitted land disturbance has
occurred shall maintain the project in good condition, including all
retaining walls, cribbing, drainage structures, fences, ground cover
or other protective devices as may be a part of the permit requirements.
These efforts shall be required both during and after the land disturbance
activities.
B.
Maintenance during construction.
(1)
All drainagecourses, ditches, culverts, pipes and structures shall
be adequately maintained by the property owner and shall be kept open
and free-flowing at all times.
(2)
All graded surfaces, antierosion devices, retaining walls, and similar
protective devices, plantings and ground covers installed pursuant
to a land disturbance permit shall be continuously maintained and
kept in good repair by the owner.
(3)
Adequate engineering provisions shall be incorporated to prevent
the infiltration of sediment into existing streams.
(4)
Where the Municipal Engineer finds evidence of deterioration or erosion
of any excavation or fill which threatens to damage nearby properties,
he shall direct the property owner to effect remedies which will restore
the grading to a safe condition within a reasonable period of time.
(5)
All graded surfaces that are or have been dormant for 15 days or
more shall be matted, seeded, or sodded, and watered, tended and maintained
until growth is well-established.
(6)
The site shall be maintained in accordance with the Allegheny County
Conservation District's erosion and sedimentation control regulations
and standards.
(7)
Any dust created from work at the site shall be controlled.
(8)
Only clean fill shall be used for grading. Rubbish, garbage, trees,
brush and any other deleterious materials shall be prohibited to use
as fill.
(9)
The final grade of the site shall be blended with the grade of the
abutting properties.
A.
If the Municipality determines and serves notice that any existing
retaining wall, excavation, embankment or fill constitutes a hazard,
the property owner, permit holder, or other responsible party shall,
within the time specified in such notice, repair, reconstruct, or
remove such retaining wall, excavation, embankment or fill so as to
eliminate the hazard.
B.
If those so notified fail to correct the hazardous conditions within
the specified time period, the Municipality may undertake the necessary
work, and the costs thereof shall be collected from the property owner
in any manner authorized by law, including an imposition of a lien
against the property.
If, during the conduct of a permitted land disturbance activity,
unexpected conditions are discovered on the site, including but not
limited to surface water drainage, soil or rock formations, groundwater
discharge or any other natural or man-made modification which would
affect the basis upon which the permit was issued, such condition
must immediately be reported to the Municipality. If deemed necessary,
the Municipality shall revise the permit or request a revised application
and land disturbance plan that adequately reflects the differing site
conditions.
The following conditions shall apply to all sites undergoing
a permitted land disturbance activity:
A.
During grading operations, acceptable measures for dust control shall
be exercised, such as the use of calcium chloride or water.
B.
All public utilities and municipal facilities shall be protected
as required during grading operations. Construction equipment shall
not be operated on public roads without the placement of protective
mats. Rock construction entrances shall be provided to prevent tracking
of dirt and mud onto the public roadways.
C.
All soil washed or carried onto public streets during grading operations
shall be removed as it accumulated. The property owner shall also
be responsible to protect adjacent properties from silt and debris
deposition resulting from of the grading activity.
D.
No work covered by a land disturbance permit shall be conducted on
a Sunday or legal holiday without written approval from the Municipality.
A.
Any land disturbance operation found to be proceeding without a land
disturbance permit as described in this chapter shall immediately
cease operations and shall not resume until such permit is secured
from the Municipality.
B.
When any person is found to be violating any provision of this chapter,
the Municipality shall provide the operator and the landowner or landowner's
representative with a written statement describing each violation
and specifying a date by which corrective action must be taken.
C.
When the Municipality finds a condition in a land disturbance operation
to be causing an immediate environmental risk, it shall immediately
order operations to cease and contact the Allegheny County Conservation
District and the Pennsylvania Department of Environmental Protection
to request enforcement of the rules and regulations of those agencies.
D.
Any person who or which shall violate the provisions of this chapter
shall, upon conviction thereof in a summary proceeding, be sentenced
to pay a fine of not more than $500. In default of payment of the
fine, the members or officers of such corporation shall be liable
to imprisonment for not more than 90 days. Each day that a violation
is continued shall constitute a separate offense.
E.
Nothing in this section shall be construed to limit or prohibit the
Municipality from pursuing any other remedy that may available at
law or in equity to enforce the provisions of this chapter.
