[1]
Editor's Note: Ord. 9-2004, eff. 6-8-2004, renumbered former Ch. 1009 as Ch. 1003.
[Ord. 19-2007, § 2, eff. 11-19-2007; Ord. No. 28-2010, § 1, eff. 8-19-2010; Ord. No. 12-2019, § 2, eff. 3-20-2019]
As used in this Chapter, certain terms are defined as follows:
(a) 
APPLICANT
A landowner, developer or other person who has filed an application for approval to engage in any regulated activities.
(b) 
DECISION-MAKING BODY
The entity (City Council, Planning Commission, Zoning Board of Adjustment, Zoning Administrator, Planning Director, department head or Code Official) that is authorized to finally approve or deny an application, plan or permit required under this Chapter.
(c) 
EXCAVATION
The end result of excavating.
(d) 
EXCAVATING
Any act by which ground components such as earth, sand, gravel, coal or other minerals, rock or similar material are cut into, dug, quarried, uncovered, removed, crushed, displaced or relocated, including conditions resulting therefrom.
(e) 
EXISTING CONDITION
The dominant land cover during the five-year period immediately preceding a proposed regulated activity.
(f) 
EXTRACTING INDUSTRY
A commercial or industrial or research operation involving the surface removal of natural accumulations of sand, rock, soil, gravel, coal or any mineral.
(g) 
FILL
The end result of filling or the material used in filling.
(h) 
FILLING
Any act by which material is deposited into a cavity, mounded or banked or added to an existing base, including any conditions resulting therefrom. Stock piling of material, if accepted as such by the Code Official, shall not constitute filling.
(i) 
GRADIENT
The degree of inclination of a slope, expressed in terms of the percentage of the difference in the vertical elevation to the horizontal distance (e.g., a gradient of twenty-five (25) percent means a difference in vertical elevation of twenty-five (25) feet in a horizontal distance of one hundred (100) feet.)
(j) 
GRADING
Excavating or filling or any combination thereof.
(k) 
LAND DEVELOPMENT (DEVELOPMENT)
Inclusive of any or all of the following meanings: (i) the improvement of one (1) lot or two (2) or more contiguous lots, tracts, or parcels of land for any purpose involving (a) a group of two (2) or more buildings, or (b) the division or allocation of land or space between or among two (2) or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups, or other features; (ii) any subdivision of land; (iii) development in accordance with the Pittsburgh Zoning Code.
(l) 
LAND OPERATION
An operation and related activities involving or primarily connected with reshaping of land including, but not limited to, grading; surface mining; removal of trees, vegetation or other natural ground cover; transportation of fill or other material for disposal purposes; clearing and grubbing; excavations; embankments; road maintenance; building construction and the moving, depositing, stockpiling, crushing, or storing of soil, coal, rock or earth materials; and surfacing of land.
(m) 
LAND RECLAMATION PROJECT
A land reclaiming or conservation undertaking, extending over a site of not less than twenty (20) acres involving a land operation with or without an extracting industry as a continuing activity over an extended period of time, and which will leave the land suitable for re-use, either for new development or in a natural state as usable open space.
(n) 
PERMIT
A land operations permit as prescribed in this Chapter.
(o) 
SPECIAL INSPECTOR
A special inspector as set forth in the ICC International Building Code, Section 1704.7 as amended (Title 10, Chapter 1002, Section 1002.02).
(p) 
TOE OF SLOPE
The beginning point of any ascending slope, or in the case of excavation fill on a slope, the lowermost point where the excavation or fill joins the exposed slope surface.
(q) 
TRANSPORTING OPERATION
The conveyance of material for disposal or fill purposes from one (1) site to another site over any public street.
(r) 
TRANSPORT ORIGIN POINT
Any site from which material is conveyed to another site as a transporting operation.
(s) 
VERTICAL HEIGHT
The vertical distance between the toe of slope and a line level with the top of that slope.
[Ord. 19-2007, § 2, eff. 11-19-2007; Ord. No. 12-2019, § 2, eff. 3-20-2019]
(a) 
No land operation as herein defined where the nature, extent, volume, degree or quantity or any part thereof to be conducted or undertaken within any period of twenty-four (24) consecutive months, exceeds the limitations specified herein, shall be conducted or undertaken within the City unless a permit is obtained from the Code Official.
(b) 
This Chapter shall also apply to any existing land operation where the nature, extent, volume, degree or quantity of any part of the operation to be performed exceeds the limitations specified herein, or to any existing land operation that has become a hazard to life or property or affects the safety, use or stability of a public street or way, or otherwise constitutes a public nuisance.
[Ord. 19-2007, § 2, eff. 11-19-2007]
(a) 
When Required. A land operations permit shall be obtained from the Code Official in the following instances except when included in the operations for which a permit is not required under subsection (b) hereof. A single permit involving a single site may include any one (1) or all of the kinds of operations to be performed in connection with that site. When more than one (1) site is involved such as excavating at one (1) site and filling at another, separate permits for each site shall be required. Separate permits shall be also required for any transporting operation not involving a site, where the operation requires a permit under subsection (a)(5) hereof.
(1) 
Grading, involving:
A. 
Fifty (50) cubic yards or more;
B. 
An excavation or fill, five (5) feet or more in vertical depth at its deepest point as measured from the natural ground surface of any slope with a gradient of twenty-five (25) percent or more;
C. 
Excavation below finished grade for basement, cellar, and/or foundation of any aboveground structure, swimming pool or underground structure on a lot with an average existing slope with a gradient of twenty-five (25) percent or more;
D. 
An easement for a public sewer, water main, storm drain or power line;
E. 
An encroachment on or alteration of an existing drainage channel or watercourse.
(2) 
Surface mining involving fifty (50) cubic yards or more.
(3) 
Removal of trees, vegetation or other natural ground cover:
A. 
Over an area in excess of ten thousand (10,000) square feet;
B. 
On any slope with a gradient in excess of twenty-five (25) percent, when in the opinion of the Code Official, the removal of such ground cover could affect the stability of existing slope.
(4) 
Surfacing and paving of land other than streets or ways with hard surface or compacted nonpermeable material such as asphalt, concrete or slag, with area in excess of ten thousand (10,000) square feet.
(5) 
Transportation of any material for disposal purposes over public streets, in total quantity of material in excess of one thousand five hundred (1,500) cubic yards.
(6) 
Any "major excavating, grading or filling" operation as so defined in § 903.02 and permitted as a conditional use under the Zoning Ordinance.
(b) 
When Not Required. A land operation permit shall not be required by virtue for any of the following:
(1) 
Grading or paving for street improvement, when a City street improvement permit is required.
(2) 
An excavation or fill below finished grade for basement and/or foundation of an aboveground structure, swimming pool or underground structure, other than on a lot with an average gradient of twenty-five (25) percent or more, when otherwise authorized by a valid building permit and when the cost of the excavation is included in the building permit evaluation.
(3) 
Grading Activity that constitutes Regulated Activity and is subject to the requirements of Section 1003.04.
[1]
Editor's Note: Former §§ 1003.04 and 1003.04A, which pertained to regulated activities and publicly funded development and redevelopment requiring a plan; stormwater management standards, and derived from Ord. 19-2007, eff. 11-19-2007; and Ord. 28-2010, eff. 8-19-2010, were repealed by Ord. 12-2019, eff. 3-20-2019. For current provisions, see Title 13.
[Ord. 19-2007, § 2, eff. 11-19-2007; Ord. No. 12-2019, § 2, eff. 3-20-2019]
(a) 
Form and Content. Written application for a permit shall be made on a form prescribed for that purpose by the Code Official, and shall include such plans and detailed information as may be required in accord with application specifications adopted by the Code Official, but includes at least the following:
(1) 
Initial Submission.
A. 
The application shall include a plot plan identifying any site involved, with official street address, property dimensions, and designation of block and lot numbers from the Allegheny County Block and Lot System. The plan shall also show existing and proposed buildings and other structures and adjacent streets and public or private property;
B. 
Plans or statements clearly describing nature and extent of the operations so that necessary fees can be determined and additional information as may be necessary can be indicated by the Code Official.
(2) 
Subsequent Submission. Additional information which the Code Official may determine is necessary to evaluate the proposal shall be submitted, if not included in the initial submission. This information includes but is not limited to the following:
A. 
General plans showing the plan of work, cross sections, present and proposed contours, description of the type of soil and rock strata and any coal workings, known or which after reasonable examination can be ascertained, location of utilities, sewers and drains, details of surface protection, walls, cribbing and any other structures on the property;
B. 
Specifications which shall set forth details of the work, such as materials, methods, procedures, insurance and estimated dates for starting and completing the work;
C. 
If any structures will be affected by the work, calculations may also be required showing the safety of the structure and earth pressures;
D. 
Where a fill is involved, the following additional information: Plan showing preparation of natural ground surface by benching and removal of top soil, vegetation and other materials. Description of surface and subsurface draining control. Results of stability and analysis. Description of kind of material to be used in fill. Statement of intended moisture density control of fill. Statement of method of compacting fill and thickness of layers to be used in the compacting. Statement of tests to be made prior to and during the process of filling and the names of persons or agencies responsible for making the tests.
(b) 
Character of Required Data.
(1) 
Drawings other than plot plans, calculations and grading specifications shall be prepared by a registered professional and shall be submitted with his/her seal.
(2) 
(Reserved)
(3) 
Soil analysis. Unless otherwise approved by the Code Official, any analysis and design pertaining to soils engineering or any required soils tests shall be made under the direction of a registered professional.
(c) 
Referral to Zoning Administrator and other agencies. The Code Official shall submit the application for approval by the Zoning Administrator and any other agency which in his judgment may be affected by or have an interest in the performance of the work.
[1]
Editor's Note: Former § 1003.06, which pertained to stormwater management site plan requirements and derived from Ord. 19-2007, eff. 11-19-2007, was repealed by Ord. 12-2019, eff. 3-20-2019. For current provisions, see Title 13.
[Ord. 19-2007, § 2, eff. 11-19-2007]
If the Code Official finds that the application and the plans, specifications and description filed therewith comply with the requirements of this Chapter, and that the proposal is for an operation in conformity with this Chapter and with other laws and ordinances applicable thereto, and that the performance of the work will not create a dangerous condition or endanger adjacent property or create a hazard to human life, he shall issue a land operations permit. Where appropriate the permit may be subject to conditions, stated in the permit, which he/she deems necessary or proper to carry out the purposes of this Chapter. The conditions may include, but shall not be limited to:
(a) 
A reasonable time limit for completion of the work.
(b) 
Limitations upon the hours of day, days of the week and travel on public streets.
(c) 
Construction of additional drainage facilities, berms, terracing or cribbing.
(d) 
Tests of soil or other material used or involved in the operation of the results of which shall be made available as soon as possible to the Code Official.
(e) 
Restrictions upon the size, type and number of pieces of equipment to be used, including trucks on public streets or thoroughfares.
(f) 
Planting of appropriate ground cover on slopes to provide retention of soil and to control erosion.
[Ord. 19-2007, § 2, eff. 11-19-2007; Ord. No. 12-2019, § 2, eff. 3-20-2019]
(a) 
Special Inspector. (See Section 1003.01(ddd).) The Code Official is hereby authorized to require the employment of a special inspector during the performance of the work. The special inspector shall be a qualified person approved by the Code Official and shall be employed by the owner. The special inspector shall be a registered professional, or have had at least five (5) years experience in the type of work he is to inspect. If in the opinion of the Code Official, the qualifications of a special inspector may be in doubt, he/she shall have authority to require the inspector to pass a written examination prepared by the Code Official. The special inspector shall furnish inspection on the work as directed by the Code Official. He/she shall make weekly reports in writing to the Code Official furnishing all necessary information regarding progress of the work. The report shall also include the total cubic yards filled, excavated or transported on a weekly basis.
(b) 
Inspection When Special Inspector Not Required. In those instances where the nature of the work does not, in the opinion of the Code Official, require the employment of a special inspector, inspection shall be made at regular intervals until completion of the work, in accord with procedures followed by Building Inspection under this Title.
[Ord. 19-2007, § 2, eff. 11-19-2007]
If at any time, the Code Official determines by inspection, the nature of the operation is such that further work as authorized by an existing permit is likely to endanger any property or public way, the Code Official may require as a condition of allowing further work to be done, that reasonable safety precautions be taken as the Code Official considers advisable to avoid such likelihood of danger. The safety precautions may include, but are not limited to specifying a flatter exposed slope, construction of additional drainage facilities, berms, terraces, compaction or cribbing.
[Ord. 19-2007, § 2, eff. 11-19-2007]
A permit placard issued by the Code Official, and if deemed necessary by the Code Official, more than one (1) permit placard, indicating that a permit has been issued, shall be displayed and maintained in a conspicuous place on any site, plainly visible to the general public from adjacent streets, and kept there for the duration of the operation. In case of a transportation operation where a permit is not otherwise required in connection with an on-site land operation, the permit placard shall be kept at each origin or destination site of the transporting operation within the city.
[Ord. 19-2007, § 2, eff. 11-19-2007; Ord. No. 12-2019, § 2, eff. 3-20-2019]
(a) 
No departure or deviation shall be made from the plans, specifications or description after issuance of the permit unless new information is submitted, approved by the Code Official and incorporated in the permit.
[Ord. 19-2007, § 2, eff. 11-19-2007]
Every permit shall expire by limitation and become void if the work authorized by the permit has not been commenced within six (6) months, or subsequent to the starting thereof, has been discontinued for a period of six (6) months from the date of issue. However, the Code Official may, upon presentation of satisfactory evidence that unusual difficulties have prevented the work from being started or continued within the specified time limits, grant a reasonable extension of time, provided such evidence is submitted prior to the date of expiration of the permit.
[Ord. 19-2007, § 2, eff. 11-19-2007; Ord. No. 12-2019, § 2, eff. 3-20-2019]
(a) 
Permits. Whenever the work for which a permit has been issued is not being performed in conformity with the plans, specifications and descriptions filed with the application, the Code Official may suspend or revoke the permit in accordance with the procedures set forth in § 1003.15. The Code Official may also suspend or revoke the permit when he finds that the continuation of the work would create a dangerous condition, nuisance, pollution, or a hazard to life or property.
(b) 
Plans. Any approval may be suspended or revoked by the Code Official for:
(1) 
Non-compliance with, or failure to implement, any provision of the approval.
(2) 
A violation of any provision of this Chapter or any other applicable law, ordinance, rule or regulation.
(3) 
The creation of any condition or the commission of any act which constitutes or creates a hazard or nuisance, pollution, or which endangers the life or property of others.
(c) 
A suspended approval may be reinstated by the Code Official when:
(1) 
The Code Official has inspected and approved the corrections to the violations that caused the suspension.
(2) 
The Code Official is satisfied that the violation has been corrected.
(d) 
An approval that has been revoked by the Code Official cannot be reinstated. The applicant may apply for a new approval under the provisions of this Chapter.
[Ord. 19-2007, § 2, eff. 11-19-2007]
Upon completion of the operation for which permit has been obtained, the owner, or a special inspector in charge of the operation on behalf of the owner, or registered professional if the operation involves a Regulated Activity, shall certify in writing to the Code Official that the operation has been completed in compliance with the provisions of this Chapter.
[Ord. 19-2007, § 2, eff. 11-19-2007]
(a) 
Maintenance. The owner of any property in which a land operation project has been conducted shall be responsible for maintenance in good condition and repair all retaining walls, cribbing, drainage, structures, fences, ground cover and other protective devices as established by the permit, and the continued further use of such area shall be contingent upon the maintenance and upkeep satisfactory to the Code Official.
(b) 
Elimination of Hazard. Whenever the Code Official determines that any land operation either in process or completed, and whether or not a permit is required under this Chapter has, from any cause, become a hazard to life or property, or affects the safety, use or stability of a public street or way, or otherwise constitutes a public nuisance, the owner of the property upon which the operation is located, or other person or agent in control of such property, upon receipt of notice in writing from the Code Official, shall within thirty (30) days of the date of the notice or less in emergency situations, comply with such requirements of the chapter as the Code Official may direct, or take other action ordered by the Code Official to eliminate the hazard or nuisance, or other danger to the public street or way. Where compliance with the order of the Code Official may not be possible within such period, and where public safety will not be adversely affected, the Code Official may grant an extension of time for a specified period for compliance.
[Ord. 19-2007, § 2, eff. 11-19-2007]
The following standards for land operations and activities set forth in this Chapter shall apply to any work performed pursuant to a permit as required herein, and shall also apply to operations and activities regardless of whether a permit is required under this Chapter.
[Ord. 19-2007, § 2, eff. 11-19-2007]
(a) 
Finished Slope. The slope of a finished cut of any excavation shall not be steeper than one and one-half (1½) horizontal to one (1) vertical, and the finished slope of a fill shall not be steeper than two (2) horizontal to one (1) vertical, unless a different ratio is recommended in writing by a registered professional for the work and is approved by the Code Official. The Code Official may require flatter slopes on cuts and fills if he finds this to be necessary to insure stability and safety and to avoid possible damage to persons or property.
(b) 
Placement of Fill. No fill shall be placed over trees, stumps or other organic and unstable material which would create a nuisance or be susceptible to attracting rodents, termites or other pests.
(c) 
Compacting and Benching. All fill shall be compacted to provide stability of material and to prevent undesirable settlement, and proper benching shall be provided, as required, in accordance with the recommendations of a registered professional, or as may be approved by the Code Official.
[Ord. 19-2007, § 2, eff. 11-19-2007; Ord. No. 2-2018, § 32, eff. 2-15-2018; Ord. No. 12-2019, § 2, eff. 3-20-2019]
(a) 
Accommodation of Surface and Subsurface Water. Sufficient drainage shall be provided to accommodate surface and subsurface water during any grading operation and after its completion in order to prevent additional water from flowing onto adjacent property or from unduly increasing the load on sewage or drainage facilities. Facilities in the form of pipe-pervious granular layers, buried granular trenches, and the like, shall be provided to control subsurface groundwater flow or pore water pressures as needed to assure stability.
(b) 
Preservation of Natural Drainageways. Any operation that will change the course, width or elevation of any natural or other drainageway channel in such a manner as to obstruct, interfere with, or change the drainage of such land shall be compensated by an alternative by which run-off or seeping water can be carried to a satisfactory disposal.
(c) 
Protection of Slope Faces. Adequate provision shall be made to prevent any storm or surface water from damaging the cut face of any excavation or the sloping face of any fill. When necessary for protection of critical areas during construction, diversion ditches or terraces shall be provided.
(d) 
(Reserved)
(e) 
(Reserved)
(f) 
Sub-Drainage Facilities. Adequate sub-drainage shall be provided in connection with any fill to avoid the development of hydrostatic pressures.
[Ord. 19-2007, § 2, eff. 11-19-2007]
(a) 
Prevention of Slides or Washes. Discharges onto adjacent property shall not be created, increased, decreased or relocated, or otherwise altered, without permission of the adjacent property owner(s). Such discharges shall be subjected to the requirements of this Chapter. Materials shall not be permitted to roll, slide, flow or wash onto adjacent private or public property, and where necessary, walls or benching shall be utilized to comply with this requirement.
(b) 
Horizontal Distance of Excavation or Fill Slope from Property or Easement Line. The horizontal distance from either the toe or top of the excavation or fill slope line shall be five (5) feet or one-half (½) of the vertical height of the fill or excavation from any adjoining property or easement line, whichever is greater, but the distance need not exceed ten (10) feet. The Code Official shall have the authority to modify this requirement in instances where it is demonstrated that the modification is needed to secure desirable interrelationships between properties and will not result in a condition detrimental to the adjacent property.
(c) 
Support and Protection of Public Utilities and Public Streets. A firm commitment shall be in effect for proper support and protection from drainage resulting from the operation, for all public and private utilities, whether on the surface, beneath the ground surface or overhead, and when necessary, for the repair, replacement or relocation of such utilities. The surface and other facilities of public streets shall be fully restored by the permittee, in the event of such damage. The owner shall correct any damage to the utility involved before the Code Official issues the completion certificate.
(d) 
Fencing. Should the nature of land operation, in the opinion of the Code Official, create a hazard to persons or property, unless adequately fenced, the owner shall construct the fences or guard rails as safeguards to persons using adjoining public or private property.
[Ord. 19-2007, § 2, eff. 11-19-2007]
(a) 
Scheduling of Areas to Be Stripped. Areas to be stripped of natural cover shall be limited to those required by feasible operational schedules, which schedules delineating those areas shall be submitted with the application.
(b) 
Interim Protective Vegetation. Protective vegetation and/or mulching, or artificial cover, shall be established on all areas where soil is to be exposed for more than six (6) months, including topsoil stockpiles and borrow pits, except that this provision shall not apply to land operations where the principal material used for fill, or the principal material being excavated or stockpiled, consists of slag or other material with similar qualities of inherent stability and imperviousness to weather.
(c) 
Preservation of Natural Features. In order to prevent the denuding of the landscape, wherever practical, large trees and other natural features which constitute physical, esthetic and economic assets to the community shall be preserved and shall be protected during ground moving operations.
(d) 
Final Ground Cover. Permanent final vegetation or other ground cover shall be installed as soon as practical in the development. Upon completion of the operation, the entire site shall be ground covered and provided with drainage facilities in an approved manner so as to avoid excessive erosion, sedimentation and storm run-off. The Code Official may require this work to be done in accord with specifications of a registered landscape architect, an experienced nurseryman or other person qualified in this field.
[Ord. 19-2007, § 2, eff. 11-19-2007; Ord. No. 2-2018, § 32, eff. 2-15-2018]
(a) 
Approval of the Department of Mobility and Infrastructure. The proposed use of public streets or thoroughfares for the transportation of material for disposal or fill purposes shall have the approval of the Department of Mobility and Infrastructure.
(b) 
Size and Type of Vehicles and Hours of Operation. The size and type of vehicle used, and the hours of operation shall be as approved by the Department as related to the capacity of streets to be used and traffic volumes thereon.
(c) 
Wheel and Truck Cleaners. Wheel and truck cleaners shall be required on site at any transport origin and destination point within the city, and all vehicles shall be scraped and cleaned before leaving the site.
(d) 
Protection of Property During Transporting. The transporter shall take reasonable measures including but not limited to, wetting down or other treatment before leaving the site, to insure that during transit, no material being transported shall blow or spill over upon public or private property.
(e) 
Street Cleaning. In the event that earth, dust, powder, mud, sludge or any other debris from the operation involved in the permit accumulates in or on any street, street gutter, catch basin or sewer line, the transporter shall be required to remove the debris immediately upon notification by the city.
[Ord. 19-2007, § 2, eff. 11-19-2007]
Cut or fill slopes with an inclination of two (2) horizontal to one (1) vertical or steeper shall not be used for building construction unless authorized by the Code Official. The toe of the cut or fill slopes shall be located clear of buildings, the distances as may be required for safety reasons by the Code Official, depending upon each particular situation and condition.
[Ord. 19-2007, § 2, eff. 11-19-2007]
An owner or lessee holding under a recorded lease, the unexpired term of which is more than five (5) years from the date of filing of the application may, in filing for a required land operations permit, choose to undertake or conduct a land reclamation project, as defined by this Chapter. In this instance the application shall contain additional information as may be deemed necessary by the Code Official, to describe properly the nature and extent of the operation and the program. Other requirements of this Chapter shall apply, but the Code Official shall recognize that the special nature and scope of the operation, the self-imposed protective methods and devices, and the provisions of other applicable regulatory laws may warrant different considerations, and shall take this into account when applying the standards, and when waiving submission of data under Sec. 1003.05.
[Ord. 19-2007, § 2, eff. 11-19-2007]
(a) 
In addition to complying with other applicable requirements of this Chapter, and other applicable requirements of any governmental agency, the operation shall be conducted in a manner as to provide reasonable protection to surrounding properties and uses, against detriment from emission of odor, dust, smoke, noise, gas, fumes, cinders, vibration, refuse matter, water-carried waste and the like.
(b) 
In connection with the proposed operation, the Code Official may require the installation, maintenance of methods and devices as may, in his/her opinion, be reasonably required to prevent or reduce emissions, and may impose conditions regarding the extent of open space between any portion of the proposed operation involving emissions, as will tend to prevent or reduce injury to surrounding property and neighborhood which might result from the proposed operation.
(c) 
The Code Official shall also limit the extent and hours of any operation depending upon the specific site of the operation and its relation to surrounding properties and structures, so as to provide a reasonable degree of protection, and shall prohibit the operation at a particular location, if in his/her opinion it would be unsafe or dangerous surroundings.
(d) 
Undrained pools resulting from surface drainage shall be sprayed in accordance with specifications of local public health authorities to eliminate breeding places for mosquitoes and other insects.
(e) 
Off-street parking areas adequate for all employees vehicles and trucks shall be provided.
[Ord. 19-2007, § 2, eff. 11-19-2007]
The application shall include a program and illustrative plan for development of the subject property which shall consist of two (2) phases: the exploitation phase and the re-use phase, as well as an annual stage development schedule.
(a) 
Exploitation Phase. The plan for the exploitation phase shall show the proposed development as planned in relation to surrounding properties within three hundred (300) feet, and shall include topographic and geological surveys and other materials indicating existing conditions including drainage and the conditions including topography, drainage and soils which shall exist at the end of the exploitation phase. Contour intervals based on U.S. Geological survey datum shall be given every five (5) feet in areas where gradient is greater than ten (10) percent, and two (2) feet in areas where gradient is ten (10) percent or less. The program for the exploitation phase shall demonstrate the feasibility of the operation without creating hazard or causing damage to other properties. This program shall also indicate the different stages of exploitation, where and how traffic on and from the development will be handled, where equipment will be operating, the location and dimensions of structures, the manner in which safeguards will be provided, including those for preventing access by children and other unauthorized persons to dangerous areas. The final stage of the program shall indicate how the project is to be finished in accord with the plan for re-use.
(b) 
Re-Use Phase. The program for the re-use phase shall indicate how the property is to be left in a form suitable for re-use for purposes permissible in the zoning district in which it is located, or in any zoning district to be established by contemplated re-zoning, so as to relate the re-uses to uses existing, proposed, or intended for surrounding properties. Among items to be included in the program are feasible circulation patterns in and around the site, the treatment of exposed soil or sub-soil including measures to be taken to replace topsoil or establish vegetation in worked-over areas in order to make the property suitable for the re-use, and treatment of slopes to prevent erosion.
(c) 
Annual Stage Development Schedule. The applicant shall submit an initial schedule delineating the scope and extent of the operation, the estimated time for completion, and the portion to be accomplished during the first year of the program; and annually thereafter the applicant shall submit a schedule projecting the intended accomplishment for at least one (1) year ahead. Any change in schedule, or foreseeable or anticipated delays shall be reported promptly to the Code Official with reasons therefor, and a proper adjustment in plans shall be made. Unforeseeable delays or departures from schedule shall be justified to the satisfaction of the Code Official. Major departures from schedule shall be considered as changes in plans, and shall render the entire application subject to review and approval by the Code Official.
[Ord. 19-2007, § 2, eff. 11-19-2007]
The program and illustrative plans for development of the site shall be referred to the Zoning Administrator of the Department of City Planning for report and recommendation as to relationship of the development to zoning and other planning aspects.
[Ord. 19-2007, § 2, eff. 11-19-2007]
Permits and certificates of completion shall be issued in accordance with the provisions of this Chapter, except that an annual permit fee shall be required as provided for in Sec. 1003.31.
[Ord. 19-2007, § 2, eff. 11-19-2007; Ord. No. 12-2019, § 2, eff. 3-20-2019]
(a) 
Performance Bond. Except where clearly demonstrated by the applicant to the satisfaction of the Code Official that the operation if left incomplete will not create a hazard to human life or endanger adjoining property or property at a higher or lower level or any street or street improvement or any other public property, the applicant shall file with the Code Official prior to the issuance of the permit a performance bond for the benefit of the city. As in the application for a land reclamation project, the Code Official shall recognize that the special nature and extent of the operation, the self-imposed protective methods and devices and the provisions of other applicable regulatory laws may warrant different considerations, and shall take this into account when reviewing the performance bond needs for a land reclamation project. Governmental agencies shall be exempted from the requirement of filing a bond unless the Code Official finds that a bond is required for adequate protection of the public.
(1) 
Execution. All bonds shall be executed by the owner of the property where the work is to be undertaken and by a corporate surety insurer authorized to do business in this Commonwealth as surety, or, in lieu thereof, the bond shall be in writing accompanied by a deposit of cash in the amount of the bond.
(2) 
Conditions. Every bond shall be conditioned upon compliance with all the provisions of this Chapter and all other applicable laws and ordinances, compliance with all the terms and conditions of the permit, and completion of all work contemplated under the permit within the time limit specified in the permit. The Code Official may, for sufficient cause, extend the time limit specified in the permit, but no extension shall release the surety upon the bond.
(3) 
Term. The term of each bond shall begin upon the date of filing and shall remain in effect until one (1) year from the date of the issuance of the completion of the permit by the Code Official. In the case of a cash deposit, the deposit or any unused portion thereof shall be refunded one (1) year after the date of the completion of the permit.
(4) 
Coverage for Completion of Work and Compliance With Permit. In the event of failure to complete the work or comply with all the terms and conditions of the permit, the Code Official may order the work or part thereof to be completed as required by the permit. The surety executing the bond, or the person giving the deposit, shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the City in causing any and all required work to be done, and the surety or the depositor shall be considered to assent to any lawful extensions of time within which to construct and complete the work.
(5) 
Amount. The amount of bond shall be based in part upon the quantity of material handled and also include an additional amount equal to the cost estimated by the Code Official, of all construction work, both surface and subsurface drainage, or other protective devices, removal or replacement of trees or other natural ground cover which may be required. The portion of the bond valuation based upon the cost of handling material shall be computed as set forth in the following table:
Cubic Yards
Amount of Bond
Under 10,000
$10,000
10,000 to 100,000
$10,000, plus $500 for each additional 1,000 cubic yard or fraction thereof in excess of 10,000 cubic yards
Over 100,000
$55,000. plus $200 for each additional 1,000 cubic yards or fraction thereof in excess of 100,000 cubic yards
(6) 
Proportionate Reduction As Work Is Completed. When a substantial portion of the required work has been completed to the satisfaction of the Code Official, and the completion of the remaining work is delayed due to conditions beyond the control of the owner or the contractor, the Code Official may in his/her discretion accept the completed portion of the work and consent to an appropriate reduction of the bond to an amount estimated to be adequate to insure completion of the work remaining to be performed. In no case shall the reduction be greater than an amount equal to fifty (50) percent of the original bond.
(b) 
Liability Insurance. The applicant shall furnish to the Code Official together with the application for a permit certificate showing standard form public liability insurance in an amount not less than two hundred thousand dollars ($200,000.00) against claims for damages for personal injury as well as claims for property damage, including damage to City streets or other public improvements by blowing, drifting, washing, sliding, flowing subsurface water, or otherwise depositing of matter, which may arise from or out of performance of the work whether the performance be by himself, his contractor or subcontractor or any person directly or indirectly employed by him/her. The insurance shall include protection against liability arising from completed operations. The insurance shall be written by a company approved by the Code Official and shall insure the city, its officers, agents and employees against any loss or liability which may arise during the performance of, or which may result from any work herein required to be performed.
[1]
Editor's Note: Former § 1003.29, which pertained to bonds and insurance for land operations with regulated activities and derived from Ord. 19-2007, eff. 11-19-2007, was repealed by Ord. 12-2019, eff. 3-20-2019. For current provisions, see Title 13.
[Ord. 19-2007, § 2, eff. 11-19-2007]
Any authorized representative of the City or the surety shall have access to the premises described in the permit for the purpose of inspecting the progress of the work.
In the event of default in the performance of any term or condition of the permit, the surety, or any person employed or engaged in its behalf, or the City or any person employed or engaged in its behalf, shall have the right to go upon the premises to complete the required work.
No owner or any person shall interfere with the authorized entry of any person upon the premises under the provisions of this section.
[1]
Editor's Note: Former §§ 1003.31 and 1003.32, which pertained to permit and plan fees and penalties and derived from Ord. 19-2007, eff. 11-19-2007, were repealed by Ord. 12-2019, eff. 3-20-2019. For current provisions, see Title 13.
[Ord. 19-2007, § 2, eff. 11-19-2007; Ord. No. 12-2019, § 2, eff. 3-20-2019]
(a) 
Any decision of the Code Official relating to the administration or enforcement of this Chapter may be appealed to the Board of Appeals established pursuant to Appendix B of the ICC International Building Code.