A.
Applications shall be filed as either small project residential or
engineered. The following criteria shall be utilized to classify grading
permits:
(1)
Small project residential grading permit.
(a)
Application shall be for work proposed at one single-family
or two-family residence only.
(b)
The scope of work for a residential grading permit application
shall be limited to:
[1]
A cut or fill of no more than six feet in depth;
[2]
Construction of a retaining wall on the residential property
no more than six feet in height; walls less than four feet in height
may be exempt from all grading permit application requirements upon
review by the Administrator;
[3]
Grading of the property with a total earthwork volume of no
more than 250 cubic yards;
[4]
Earth disturbance of no more than 1/4 acre;
[5]
Expansion of previous grading work with any of the above existing
conditions.
B.
Every applicant for a grading permit shall file a written application
with the Administrator in a form prescribed by the Administrator.
The application shall indicate that the proposed grading is to be
small project residential grading or engineered grading and shall:
(1)
Describe the land on which the proposed work is to be done by lot,
block, tract and street address, or similar description which will
readily identify and definitively locate the proposed work.
(2)
State the estimated dates for the starting and completion of grading
work.
(3)
State the purpose for which the grading application is filed.
(4)
State whether or not a building, structure or other improvement,
the construction of which will require a building permit pursuant
to the provisions of the Building Code, is intended to be erected
on the land on which the grading is to be done.
(5)
In the event that a project requires both a grading permit and a
building permit, the application for building permit will not be considered
until all of the requirements for the grading permit have been satisfied
and the grading permit issued. The Borough Engineer is the Administrator
of the Grading Ordinance and shall have a final say in all matters
related to the process described in this chapter after the grading
permit has been issued. The initial application for a grading permit
shall be obtained from the Zoning Officer. The Zoning Officer shall
make an initial determination of whether a project may require a grading
permit. The review of the Zoning Officer is only an initial review
and the Borough Engineer shall make the final determination of whether
a grading permit is required. The Borough Engineer shall also make
a final determination on all matters related to compliance. The application
for the building permit will only be processed after all of the requirements
to issue the grading permit have been satisfied and all fees related
to the grading permit have been paid.
C.
Small project residential grading permit applications shall include the following in addition to the requirements noted in § 222-6B:
(1)
The name of the applicant;
(2)
The name of the owner of the land;
(3)
Sketch plan of proposed grading activities on a survey plot of the
property;
(4)
Property lines described by metes and bounds;
(5)
Dimensions of grading limits with respect to property lines;
(6)
Description of proposed grading work including approximate cut and/or
fill depths on the plot plan;
(7)
Where a retaining wall in excess of four feet is proposed, the applicant shall provide a complete retaining wall design prepared by a registered professional engineer in accordance with requirements of § 222-25;
(8)
Residential grading permits shall be exempt from the requirements of § 222-13E regarding financial security;
(9)
Written erosion and sedimentation control plan;
(10)
Submission of a stormwater management plan demonstrating conformance with the Borough Stormwater Management Ordinance (Chapter 323);
(11)
For projects where overweight hauling on Borough roads is proposed,
a hauling bond shall be provided in a form acceptable to the Grading
Administrator.
D.
Engineered grading permit applications shall include the following, in addition to the requirements noted in § 222-6B. The plans and specification shall accurately portray and describe the site and proposed soil erosion controls. Plans shall be submitted in triplicate, one set of which shall be of a reproducible nature, and shall include:
(1)
The name of the applicant;
(2)
The name of the owner of the land;
(3)
The permission and approval of the owner of the property if the applicant
is an agent or tenant;
(4)
Accurate location by lot, block, tract, street address, a location
map or other similar information;
(5)
A contour map showing the present contours of the land and the proposed
contours of the land after completion of the proposed grading at two-foot
intervals where the average slope is 10% or less and at five-foot
intervals where the average slope exceeds 10%;
(6)
Cross sections of the proposed cut or fill on fifty-foot intervals
which show the method of benching, both cut and/or fill; provided,
however, that there shall be not less than two cross sections for
each site;
(7)
A plot plan showing the location of the grading boundaries, lot lines,
neighboring streets, or ways, buildings, surface and subsurface utilities
and waterways, drainage patterns, and sufficient dimensions and other
data to show all work;
(8)
A description of the type and classification of the soil from the
soil survey, other standard surveys, or from other methods;
(9)
Details and location of any proposed drainage, stormwater management
structures and pipes, walls and cribbing;
(10)
Seeding locations and schedules, debris basins, diversion channels;
(11)
The nature of fill material and such other information as the
Administrator may require to carry out the purposes of this chapter;
(12)
The name and seal of the professional engineer who prepared
said plans, except that the Administrator may waive the preparation
or approval and signature by the professional engineer, an architect,
or a landscape architect, only when it is self-evident that the proposed
work is simple, clearly shown on the plans submitted, creates no potential
nuisance to the adjacent property or hazardous conditions and does
not include the construction of a fill on landslide-prone soils or
upon which a structure may be erected;
(13)
A soil conservation report shall be required and include existing
site description of the topography, drainage, cover and soils; major
problems such as soil limitations, erosions and sediment potential
and surface runoff changes; and recommendations to minimize soil limitations,
erosion and sediment and surface water disposal problems;
(15)
Submission of a stormwater management plan demonstrating conformance with the Borough Stormwater Management Ordinance (Chapter 323);
(16)
For projects where overweight hauling on Borough roads is proposed,
a hauling bond shall be provided in a form acceptable to the Grading
Administrator.
E.
For grading activities in excess of 250 cubic yards, or where otherwise
required by the Administrator based on review of site conditions,
a comprehensive geotechnical report prepared by a registered engineer
in Pennsylvania must be provided. The report shall include but not
be limited to borings, testing results, slope stability analysis,
and recommendations for grading activities.
G.
Trees and natural ground cover shall be retained wherever possible
to minimize the impact of the development on the site and environment.
A.
The Administrator shall require that a geotechnical engineering report
be submitted by the applicant if the site is, has been, or is likely
to become hazardous to persons or property. The overlay maps such
as the Coal Resource Maps prepared by USGS, 1975, for the Greater
Pittsburgh Region shall be used to locate hazardous areas. The report
shall contain a detailed description of the geological conditions
of the site and shall 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.
B.
In special cases, when grading occurs in areas of landslide-prone
soil, or rockfall-prone areas as recognized by the soil survey, or
other standard surveys, the Administrator may require special precautions
prior to issuing a permit from the applicant. The results of all soil
tests and core borings made relative to the site shall be submitted
to the Administrator.
C.
The Administrator may deny a grading permit if the use of land to
be graded, either excavation or filling, is not specifically known
except for the intent of improving the site. The Administrator shall
review the application, plans specifications and reports and determine
whether the project will improve the site, is in the best interest
of the Borough, and is not detrimental to the environment. The applicant
may appeal the Administrator's decision to the Council by preparing
and submitting to the Council a site plan showing the development
of the land in accordance with the Subdivision and Land Development
Ordinance.[1]
D.
When the requirements of this chapter for obtaining a permit have
been met, the Administrator shall approve the application and proposed
plan and grant a grading permit to the applicant.
E.
The Administrator may waive the requirement of any of all plans and
specifications listed in this chapter, if he finds that the information
on the application is sufficient to show that the work will conform
to the provisions of this chapter.
In the event that the applicant will move or grade an area of
more than 50,000 square feet, or grade more than 10,000 cubic yards,
then a formal agreement may be required by Borough Council, and said
agreement will be prepared by the applicant at his own cost and expense
and must be approved as to form by the Borough Solicitor.
Every grading permit shall expire and become null and void if
the work authorized by said permit has not been commenced within six
months or is not completed within one year from the date of issue;
provided that 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.
A.
If the Administrator shall determine that the work proposed by the
applicant is likely to endanger any property or person, or any street
or alley, or create hazardous conditions, the grading permit shall
be denied. In determining whether the proposed work is likely to endanger
property or streets or alleys, or create hazardous conditions, the
Administrator shall consider, among other relevant factors, the following:
possible saturation by rains, earth movements, surface water runoff,
and subsurface conditions such as the stratification and faulting
of rock, aquifers, mine conditions, springs and the nature and type
of the soil or rock.
B.
Any person who is aggrieved by the application of the provisions
of this chapter may, within 15 days from the date of the denial of
the permit or such other adverse determination by the Administrator,
file a written appeal therefrom to the Borough Council. The Council
shall grant a hearing upon such an appeal within 30 days after the
receipt of the written appeal.
C.
If any appeal is taken from the issuance of a building permit where
a grading permit has also been issued and if such appeal shall, pursuant
to the provisions of the Zoning Ordinance,[1] operate as a stay of all proceedings under any such building
permit, then such appeal shall also operate to stay all proceedings
under any such grading permit.
A.
The Administrator shall make the inspections thereinafter required
and shall either approve that portion of the work which has been completed
or notify the permit holder wherein the same fails to comply with
provisions of this chapter.
B.
Grading and drainage plans approved by the Administrator shall be
maintained at the site during the progress of the grading and drainage
and until the work has been approved.
C.
The permit holder shall submit to the Administrator an as-built drawing
of the project before the issuance of a grading certificate of completion.
Additionally, for all engineered grading permits, the permit holder
shall submit certification from the geotechnical engineer of record
that all grading work was completed in accordance with the recommendations
of the submitted geotechnical report as well as the grading plans.
D.
The permit holder shall notify the Administrator 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:
(1)
Initial inspection: when work is about to be commenced and stake
out is completed.
(2)
Rough grading: when all rough grading has been completed.
(4)
Additional inspection: when, in the opinion of the Administrator,
other inspections are necessary.
(5)
Final inspection: when all work, including the installation of all
drainage, landscaping and other structures has been completed.
E.
If at any stage of the work the Administrator shall determine by
inspection that the nature of the excavation or fills is such that
further work, as authorized by an existing permit, is likely to endanger
any property, or streets, or alleys, or create hazardous conditions,
the Administrator may require, as a condition to allowing the work
to be done, that such reasonable safety precautions be taken as the
Administrator considers acceptable to avoid such likelihood of danger.
Any physical changes from the original plan uncovered in the
site during the construction, such as surface water drainage, soil
and bedrock dislocations, alteration of groundwater discharge or any
other natural or man-made modification which would tend to undermine
the basis upon which the permit was issued, must be immediately reported
to the Administrator by the permit holder. If the circumstances dictate,
the Administrator shall revoke the permit or otherwise modify the
conditions upon which the permit was initially issued.
A.
At the time of application, the applicant shall pay an application
review fee to cover the Borough cost of reviewing application documents.
Any additional charges incurred by the Borough to review the application
of an excavation permit shall be borne by the applicant. Any application
fees not expended by the Borough shall be returned to the applicant
within a reasonable period of time.
B.
Fees for review of application and inspections of small project residential
grading permits shall be in accordance with the current Fees Resolution
of the Borough of Pleasant Hills, on file in the office of the Borough
Secretary.
C.
Fees for review of application and inspections of engineered grading
permits shall be in accordance with the current Fees Resolution of
the Borough of Pleasant Hills, on file in the office of the Borough
Secretary.
(1)
Plan checking fee.
(2)
Inspection fee: An inspection fee, as set forth in the current Fees
Resolution, shall be collected by the Administrator prior to the issuance
of a grading permit. Inspection costs incurred by the Borough in excess
of the initial fee collected shall be paid for by the applicant prior
to final inspection of the work.
D.
The plan checking fee for an amendment to a grading permit authorizing
additional work to that under a valid permit shall be the difference
between such fee paid for the original permit and the fee required
for the entire project; however, a minimum fee of $20 will be charged.
E.
As a condition of approval of an engineered grading permit application
under this chapter, the applicant shall post a cash or performance
bond or other security acceptable to the Borough in the amount of
50% of the estimated cost to perform the work. The cost estimate shall
include the complete scope of work needed to be performed by the applicant
to comply with this chapter and shall be prepared and certified by
the applicant's engineer or architect and accepted as reasonable
by the Administrator. The Administrator shall be the final arbiter
as to the reasonableness of any cost estimates.
F.
No bond shall be required if another bond or approved security is
posted for construction and/or site improvements which already covers
the cost of grading and other control facilities.
If, upon final inspection of the site for which a permit has
been issued, it is found that the work authorized by the grading permit
has been satisfactorily completed in accordance with the requirements
of this chapter, a grading certificate of completion covering such
work and stating that the work is approved shall be issued to the
permit holder by the Administrator.
A.
The owner of any property on which an excavation or fill has been
made shall maintain in good condition and repair the excavation or
fill permitted, and also all retaining walls, cribbing, drainage structures,
fences, ground cover, and other protective devices as may be a part
of the permit requirements.
B.
The continued use of said area shall be contingent upon the proper
maintenance and upkeep of all the above-mentioned items, satisfactory
to the Borough and subject to such further conditions as the Borough
may prescribe from time to time to keep the site in proper condition.
C.
The grading certificate of completion may be revoked by the Borough
Council at any time, upon the recommendation of the Administrator,
where the conditions of the permit are not being observed, the work
covered by the permit has been materially extended or altered without
a permit to do so, or conditions exist which prejudice the health,
safety and welfare of any person, persons or property. Before such
revocation, the Administrator shall first give written notice to the
permit holder and to the owner of the property involved, specifying
the defect or unsatisfactory condition involved, and advising that
unless such defect or unsatisfactory condition is remedied the certificate
shall be revoked. If the defect or unsatisfactory condition is remedied
within 30 days of notice to the permit holder to correct same the
certificate shall not be revoked.
D.
If the permit holder shall fail to correct such defect or unsatisfactory
condition within such thirty-day period, the Borough may undertake
the necessary work and the costs thereof shall be borne by the permit
holder and collected in any manner authorized by law, including the
imposition of a lien against the property.
A.
Whenever the Administrator determines that any existing excavation,
embankment or fill has become a hazard, as defined in this chapter,
the owner of the property upon which the grading is located or other
person or agent in control of said property, upon receipt of notice
in writing from the Administrator, shall, within the time specified
in such notice, repair, reconstruct or remove such excavation, embankment,
or fill so as to eliminate the hazard.
B.
If the permit holder shall fail to correct such hazardous or unsatisfactory
condition within the specified time period, the Borough may undertake
the necessary work and the costs thereof shall be borne by the permit
holder and collected in any manner authorized by law, including the
imposition of a lien against the property.
C.
Any excavation not completed within 180 days from the date of initial
grading shall constitute a nuisance and a hazard.
D.
The property owner shall restore, repair, reconstruct or remove such
excavation, embankment or fill as directed by the Administrator within
30 days of receipt of said written notice.
The following general working conditions will apply to all grading
sites.
A.
Dust control. During grading operations, acceptable measures for
dust control will be exercised.
B.
Cleanup. All soil washed or carried onto public streets during grading
operations shall be cleaned up as it accumulates. Temporary hard surface
driveways or roadways surfaces shall be provided as soon as possible.
The owner of the property being graded shall be responsible to protect
and clean up lower properties of silt and debris which have washed
down into the lower properties as a result of the grading work on
the higher property.
C.
Workdays. None of the work or activity covered by a grading permit
shall be conducted on a Sunday or legal holiday.
D.
Work hours. All of the work and activity covered by a grading permit
shall be conducted between the hours of 7:00 a.m. and 6:00 p.m.
A.
Live stream crossings. Grading equipment will not be allowed to cross
live streams. Provision will be made for the installation of culverts
or bridges for such crossings. Permits shall be obtained from the
Pennsylvania Department of Environmental Protection for temporary
and permanent encroachments, relocations, enclosures and temporary
crossings of streams.
B.
Excessive slopes. Grading on excessive slopes shall be avoided so
as to minimize erosion and storm runoff, to protect watersheds, to
discourage erosion of soils by maintaining adequate foliage cover
on excessive slopes, and to promote the perpetuation of open space
on hillsides. The areas considered to have excessive slope may be
revised or modified by the Borough Council where studies or information
provided by a qualified agency or person documents the need or possibility
for such revision.
Because the land comprising the Borough of Pleasant Hills is,
for the most part, hilly and of uneven terrain, a literal enforcement
of all provisions of this chapter may not always be practical or reasonable.
An applicant for a grading permit may petition the Borough Council
for an exception to the provisions of this chapter or for a variance
from a specific section of this chapter. The Borough Council, before
granting an exception or variance, shall cause a study to be made,
at applicant's cost, to determine the effect of such exception
or variance on all the lands involved or surrounding the affected
area. Upon receipt of such study and after public hearing, the Borough
Council may grant exceptions and variances to the provisions of this
chapter.
