[HISTORY: Adopted by the Borough Council of the Borough of Dravosburg 11-22-2005
by Ord. No. 05-05. Amendments noted where applicable.]
From and after the effective date of this chapter, the following regulations
shall be in full force and effect. The provisions of this chapter shall be
held to be the minimum requirements for the protection of the health, safety,
and welfare of the people at large and are designed to encourage the establishment
and maintenance of reasonable community standards to physical environment.
This chapter shall be cited as the "Borough of Dravosburg Grading, Excavating
and Filling Ordinance."
The purpose of this chapter is to provide minimum standards to safeguard
persons and property, to protect and to promote the public welfare by preventing
excess erosion, hazardous rock and soil slippage, sedimentation and other
soil and water management problems and by regulating and controlling the design,
construction, quality of materials, use, location and maintenance of grading,
excavation and fill, including the prohibition of hazardous and solid waste
as fill.
No person shall construct, enlarge, alter or repair any grading, excavation
or fill except in full compliance with all provisions of this chapter and
after the lawful issuance of all permits required by this chapter. It shall
be unlawful for any person to undertake, cause, endeavor or in any manner
to excavate, cut, fill or grade any land within the Borough of Dravosburg
without an approved permit issued by the designated officer.
Neither the issuance of a permit under the provisions of this chapter,
nor compliance with its provisions, nor conformance with conditions required
by any such permit shall relieve any person from liability for damage resulting
from grading, nor attach any liability upon the Borough for damages to persons
or property.
Wherever used in this chapter, the following words shall have the meaning
indicated:
The natural rock layer, hard or soft, in place at ground surface
or beneath unconsolidated surface deposits.
The Borough of Dravosburg.
The person officially appointed by the Borough of Dravosburg to enforce
this chapter.
The governing body of the Borough of Dravosburg.
A professional engineer, surveyor or architect who is licensed by
the Commonwealth of Pennsylvania.
A person who holds a degree in geology from an accredited college
or university and who has training and experience in the field of engineering
geology.
The detachment and movement of soil or rock fragments by water, wind,
ice or gravity, including such processes as gravitational creep.
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 shall include the conditions resulting therefrom.
An act by which earth, sand, gravel, rock or any other material is
deposited, placed, pushed, dumped, pulled, transported or moved to a new location,
including the material being deposited and the condition resulting from such
act.
An excavation or fill or any combination thereof, including the conditions
resulting from any excavation or fill.
The permit required by these regulations.
A danger or potential danger to life, limb, or health, or any adverse
effect or potential adverse effect to the safety, use or stability of property,
waterways, public ways, structures, utilities and storm sewers, including
stream pollution.
As defined by the Solid Waste Management Act, 35 P.S. § 6018.103,
as any material which may:
A person, partnership, corporation, trust or association.
A lot, tract, parcel of land or series of lots, tracts, or parcels
of land which are adjoining where grading work is continuous and performed
at the same time.
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of origin by air, water,
gravity or ice and has come to rest on the earth's surface either above
or below water level.
The process by which sediment is deposited on stream bottoms.
A person registered by the Commonwealth of Pennsylvania as a professional
engineer and who has training and experience in soils engineering.
The unpublished and operational soil survey for Allegheny County,
Pennsylvania, and the accompanying text Soil Survey Maps and Interpretations
for Developing Areas in Allegheny County, Pennsylvania, as prepared by the
United States Department of Agriculture (USDA) Soil Conservation Services,
et al.
All parts or combinations of ashes, garbage, refuse, radioactive
material, combustible demolition materials and industrial wastes such as food-processing
wastes, wood, plastic, metal scrap and all other material which is not earth,
soil, gravel, stone, rock and bedrock.
A natural drainage route or channel for the flow of water.
A grading permit must be obtained from the Building Official for new
grading, excavations and fills. Changes, additions or alterations to existing
excavation or fills shall conform to the provisions of these regulations.
A separate grading permit shall be required for each site. One permit may
cover any grading, excavating and fills made on the same site.
A.
Only one permit is required for a continuous parcel to
be graded for a proposed planned development, such as a planned residential
development, subdivision or land development, when adequate standards or requirements
for grading the parcel are approved by the Building Official.
B.
When grading is to be performed for and executed concurrently
with the construction of a new building, a separate grading permit will be
required.
A grading permit will not be required for any of the following situations:
A.
Minor grading operations where neither the cut or fill
exceeds a vertical change of three feet, but not if the Building Official
determines that the possibility of erosion and sedimentation exists.
B.
Grading limited to reasonable, regular, normal maintenance
and landscaping improvements by individual homeowners, where standards herein
are not violated.
C.
Stockpiling of rock, sand and aggregate in areas properly
zoned for such use.
D.
For the construction of a single-family or two-family
structure which is located on a lot within a plan that has received final
approval in accordance with municipal subdivision regulations, but only if
grading erosion and sedimentation control measures have been and are being
employed in accordance with the approved grading plan and specifications for
the plot.
E.
For temporary excavation below finished grade for basements,
additions to existing structures, swimming pools or accessory structures for
which a building permit has been issued, but not if the Building Official
determines that the possibility of erosion and sedimentation exists.
No grading permit shall be issued unless an application has been submitted,
reviewed and approved in accordance with the following provisions:
A.
The application for a grading permit shall be filed with
the Building Official and shall be accompanied by the following fees to cover
the cost of the review:
(2)
The maximum permit fee to be charged under this chapter
shall not exceed $10,000.
(3)
Following are two examples utilizing the above fees:
|
Example 1: 200 cubic yards
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|---|---|---|---|---|
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1st 50 cubic yards
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$50
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($1/cubic yard)
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|
next 50 cubic yards
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$25
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($0.50/cubic yard)
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|
last 100 cubic yards
|
$25
|
($0.25/cubic yard)
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|
+ application processing fee
|
$50
| |||
|
total fees
|
$150
| |||
|
Example 2: 1,000 cubic yards
| ||||
|---|---|---|---|---|
|
1st 50 cubic yards
|
$50
|
($1/cubic yard)
| ||
|
next 50 cubic yards
|
$25
|
($0.50/cubic yard)
| ||
|
last 900 cubic yards
|
$225
|
($0.25/cubic yard)
| ||
|
+ application processing fee
|
$50
| |||
|
total fees
|
$350
| |||
B.
Three copies of the grading plan and all required reports
and specifications shall be submitted to the Building Official. One complete
set of plans shall be kept at the site while work is in progress.
C.
Where any natural watercourse which is under the jurisdiction
of the Pennsylvania Department of Environmental Protection, Division of Dams
and Encroachments, may be affected by proposed excavations of fills along
the banks of the watercourse or any culvert or bridge or by a change in a
direction or by adjacent construction, the applicant must present, as a part
of his or her application, the permit and the letter of comments from the
Department of Environmental Protection, Division of Dams and Encroachments.
D.
Submission to County Conservation Protection District.
(1)
Plans and specifications above shall be submitted to
the Allegheny County Conservation District for approval before submission
to the Building Official when:
(a)
The excavation or fill exceeds five feet in vertical
depth, which results in a cut or fill slope steeper than four horizontal to
one vertical and exceeds an area of 1,000 square feet from areas recognized
by the County Soil Survey as containing landslide-prone soils.
(b)
In the event that the applicant deems it necessary to exceed the slopes of cut and fill as recommended in the Soil Survey or by the Allegheny County Conservation District, said applicant may do so only when the design is certified by a soils engineer or engineering geologist. However, in no case shall the slopes be greater than specified in § 163-17A.
(2)
The Building Official shall not issue a grading permit
without the required approvals from the Allegheny County Conservation District
or until no less than 30 days have passed from the date of submission to said
District.
A.
The application shall consist of not less than three
copies of a letter of application, together with not less than three prints
of each drawing submitted to show how resulting erosion and sediment shall
be controlled. The proposed grading plan shall be prepared by a licensed engineer,
architect, surveyor or landscape architect in accordance with standard engineering
practices to clearly indicate the following:
(1)
A valid boundary line survey of the site on which the
proposed work is to be done, including North arrow, scale, location of trees
and watercourses;
(2)
A description of the features, existing and proposed,
surrounding the site which are of importance to the proposed development,
including, among others, distance to road intersections, adjacent structures,
roads, utilities and watercourses;
(3)
A topographic map with existing contours at a vertical
interval of not more than five feet which shows drainage and soil conditions
on the site based on data from the soil survey; present contours of the land
and proposed contours after completion of grading must be shown;
(4)
The location and description of existing and future man-made
features of importance to the proposed development, including structures,
roads, utilities, excavations and fills;
(5)
Plans and specifications for soil erosion and sediment
control measures as required by the Borough and the County Conservation District;
(6)
A development schedule indicating the anticipated starting
and completion dates of the development, the sequence of development and the
time of exposure of each area prior to the completion of effective erosion
and sediment control measures;
(7)
A description of the type and classification of the soil;
(8)
Details and location of any proposed drainage structures,
pipes, walls and cribbing;
(9)
The nature of the fill material;
(10)
All plans shall be dated and bear the name of the person
who prepared the plan.
B.
The Building Official may waive the requirement for preparation
of plans by an engineer where it is evident that the proposed work is simple,
clearly shown on the drawings submitted and poses no potential nuisance or
hazard to adjacent property.
A.
Where deemed necessary by the Building Official, the
applicant shall submit a detailed drainage study prepared by a registered
professional engineer qualified in hydrology.
(1)
The drainage study shall show, on an accurate map of
the site, the location, elevations and dimensions of all present and proposed
watercourses, ditches, pipes and drainage structures; proposed excavations
and fills; woodlands; structures; parking areas and driveways; sources, storage
and disposition of water channeled through or across the site; all proposed
grading and drainage; and the gradients and maximum flow rates of watercourses.
(2)
The drainage study shall describe the work to be performed
and disposition of cut and fill material, the materials to be used and the
method of performance, including provisions for protecting and maintaining
existing drainage facilities, whether on public or private property. The drainage
study shall be accomplished by all supporting data developed by the engineer.
B.
Drainage facilities to carry surface water shall be provided
and designed to prevent erosion or overflow.
C.
The applicant shall agree to the granting and recording
of easements for the installation and maintenance of drainage facilities.
D.
Adequate stormwater retention facilities shall be provided
to ensure that stormwater runoff after development shall not be greater than
runoff which would occur from the site in its natural state during a storm
with a one-hundred-year probability.
A soils report shall be required if load-bearing fill is proposed, and
this report shall consist of test bearings, laboratory testings and engineering
analysis to correlate surface and subsurface conditions with the proposed
grading plan.
A.
The soils report shall be prepared by a soils engineer
and shall include data on the nature, distribution and supporting ability
of existing soils and rock on the site and means of assuring stable soil conditions
and groundwater control as required.
B.
Fills toeing out on natural slopes steeper than 25% shall
not be approved unless a supplemental report prepared by a soils engineer
certifies that he or she has investigated, tested and analyzed the site and
that in his or her opinion such steeper slopes will safely support the proposed
fill. Such other supplemental reports may be required as shall be deemed necessary
by the Building Official.
Before issuance of a grading permit, the applicant shall post a bond
with a Pennsylvania-approved corporate surety or other approved security in
the amount of 100% of the estimated cost of the grading work and erosion control
facilities proposed for the permit to guarantee completion of said work and
facilities in a satisfactory manner which meets the requirements of this chapter.
A.
The performance guaranty for grading single-family residences
may comply with the above requirements or be a cash deposit of $75 per residence.
B.
When all requirements of this permit have been met and
the work has been completed in a satisfactory manner, the full amount of security
shall be returned to the person posting said security.
When the requirements of this chapter for obtaining a grading permit
have been met, the Building Official shall approve the proposed plan and issue
a grading permit. When, in the opinion of the Building Official, work proposed
by the applicant is likely to endanger any property, person or public roadway
or cause any other hazardous condition, the Building Official shall disapprove
the application and shall not issue a grading permit. The Building Official,
in reviewing each application, shall give due consideration to possible saturation
by rains, earth movements, runoff surface waters, subsurface conditions, the
stratification and faulting of rock, aquifers, springs and the nature and
type of the soil or rock.
Every grading permit shall become null and void if the work authorized
has not been commenced within six months or is not completed within one year
from the date of issue.
Appeals may be taken to Council within 30 days of any denial the Building
Official. The Council may grant relief from the strict provisions of this
chapter where in its opinion alternate methods, standard, 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 Council
to any court of competent jurisdiction.
The following standards shall be minimum standards for the issuance
of a grading permit.
A.
The maximum slope of an excavation shall not be greater
than 1 1/2 horizontal to one vertical, and maximum slope for fill shall
not be greater than two horizontal to one vertical; provided, however, that
the maximum cut may be increased to one horizontal to one vertical where a
soils engineer certifies that the cut be into sedimentary rock or other material
which is sufficiently durable to remain stable and maintain the cut without
slippage.
B.
No grading, excavation or fill shall be performed so
close to any property line as to endanger or damage any adjoining street or
any other public or private property without supporting such property from
settling, cracking, erosion, sedimentation, flooding or any other physical
damage or personal injury which might result.
C.
Adequate provisions shall be incorporated to prevent
erosion due to storm drainage. All drainage facilities shall be properly engineered
and may be paved or planted swales and gutters and piped storm sewers. All
storm drainage facilities will be reviewed and approved by the Building Official.
D.
Existing storm drainage shall not be diverted so as to
alter the location of watercourses on any adjacent property.
E.
No debris or other material shall be placed or allowed
to be placed in any drainage ditch or structure in such a manner as to obstruct
the free flow of surface water.
F.
All trees in an area of extreme grade change shall be
protected with suitable tree wells unless the necessity for removal is established.
Trees shall not be removed unnecessarily.
G.
Provisions shall be made for dust control as are deemed
necessary and acceptable by the Building Official.
H.
All fills shall be compacted to provide stability of
fill materials and to prevent settlement or slippage. Any fill material to
be used shall be tested by the owner to ensure that its dry density shall
be not less than 95% of maximum density as determined by ASTM D1556.
I.
Immediately upon completion of grading, all areas not
designated for building or paving shall be mulched and planted. Planting shall
be appropriate to maintain slopes from erosion and subject to approval of
the Borough. In general, planting may be rye grass, crown vetch or honeysuckle.
J.
Plans and specifications for every grading permit shall
provide for both temporary and permanent erosion and sediment control.
K.
When needed for slope stabilization, benching shall be
required. In general, slopes which exceed 50 feet shall require benches.
L.
In addition to the above, all fill and cut operations
shall follow the Handbook for Earth-moving Activities and Erosion and Sedimentation
Control for Allegheny County.
Where the Council, upon the recommendation of its Building Official,
has determined that any existing excavation, embankment or fill is a hazard,
the Building Official shall give written notice to the property owner that
a hazard exists and shall order that such hazard shall be remedied by the
owner within a reasonable time specified in the notice.
A.
If, after such notification, the property owner has not
made the necessary repairs within the time adopted, then Council may cause
such remedies as are needed to be performed by Borough employees or by contract,
and the cost thereof shall be borne by the property owner by a lien filed
as provided by law.
B.
Whenever the Council determines that any proposed excavation
or fill is a hazard, it may require that the property owner have any proposed
remedies certified by a soils engineer or an engineering geologist. In determining
whether a hazard may endanger property, streets or alleys, or create hazardous
conditions, the permit officer shall give due consideration to possible saturation
by rains, earth movements, runoff surface waters and subsurface conditions
such as stratification and faulting of rock, aquifiers, springs and the nature
and type of the soil, rock and fill material.
A.
The applicant shall notify the Building Official of the
schedule of any grading operation. Notice shall be received by the Building
Official or at his or her office at least two working days before the start
or completion of grading operations.
B.
Grading work at these stages or at any other time will
be subject to spot inspections at the discretion of the Building Official
to determine that the work is being performed in compliance with the approved
permit and these regulations.
C.
Should the Building Official deem it necessary, a report
by an engineering geologist will be required, with inspection and certification
that cuts and fills have been placed in accordance with approved plans and
specifications.
D.
A final inspection shall be conducted by the Borough
Engineer to certify compliance with this chapter. Satisfactory compliance
with this chapter shall be necessary before issuance of any occupancy permit.
The owner of any property on which an excavation or fill has been made
shall maintain the excavation or fill 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.
A.
All drainage courses, ditches, culverts, pipes and structures
shall be adequately maintained by the owner and shall be kept open and free-flowing
at all times.
B.
All graded surfaces, anti-erosion devices, retaining
walls, drainage structures and similar protective devices, plantings and ground
covers installed pursuant to a grading permit shall be continuously maintained
and kept in good repair by the owner.
C.
Adequate engineering provisions shall be incorporated
to prevent the infiltration of sediment into existing streams.
D.
Where the Building Official finds evidence of deterioration
or erosion of any excavation or fill which threatens damage to nearby properties,
he or she shall direct the property owner to effect remedies which will restore
the grading to a safe condition within a reasonable period of time.
A.
No fill shall be made which creates any exposed surface
steeper in slope than 1 1/4 horizontal to one vertical, except under
one or more of the following conditions:
(1)
When the fill, in the opinion of the Borough 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)
When a written statement from a civil engineer, licensed
by the Commonwealth of Pennsylvania and experienced in erosion control, 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 Borough Engineer.
B.
The Borough Engineer may require that the fill be constructed
with an exposed surface flatter than 1 1/2 horizontal to one vertical
if he finds that under the particular conditions such flatter surface is necessary
for stability and safety.
C.
Whenever a fill is to be made of materials other than
clean soil or earth, the grading permit shall be subject to the following
additional limitations and requirements:
(1)
The fill shall be completed within a reasonable length
of time, the said time limit to be determined by the Borough Engineer and
to be specified on the grading permit.
(2)
Clean soil or earth shall be placed over the top and
exposed surfaces of the fill to a depth sufficient to effectively conceal
all materials, other than clean soil or earth, with the fill. Where the nature
of the fill requires, the Borough Engineer may require clean soil or earth
to be placed over the top and exposed surfaces of the fill to a depth sufficient
to conceal all materials at the end of each day's operations.
(3)
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 Borough Engineer's estimated
cost of adequately covering such fill with clean soil or earth has been furnished
to the Borough. Such bond shall be executed by a corporate surety, as well
as by the principal, and shall be subject to the approval of the Borough Solicitor
as to form. The bond shall inure to the benefit of the Borough and shall be
conditioned upon the faithful performance of the work required under the terms
and conditions of the grading permit to the satisfaction of the Borough Engineer.
In lieu of said bond, a cash deposit in the said amount may be made with the
Borough, or with a bank or trust company approved by the Borough Solicitor,
which shall act as escrow agent.
All fills shall be compacted to provide stability of material and to
prevent undesirable settlement. The fill shall be spread in a series of layers,
each not exceeding 12 inches in thickness, and shall be compacted by a sheepsfoot
roller or other approved method after each layer is spread. The Borough Engineer
may require tests or other information if, in his opinion, the conditions
or materials are such that additional information is necessary.
Adequate provisions shall be made to prevent any surface waters from
damaging the cut face of an excavation or the sloping surface of a fill. Slopes
of more than 10 feet in vertical height shall be separated by level berms
of at least four feet in width. Berm ditches shall be constructed where necessary
to prevent erosion. All drainage provisions shall be of such design as to
carry surface waters to the nearest practical street, storm drain or natural
watercourse approved by the Borough as a safe place to deposit and receive
such waters. The Borough Engineer may require such drainage structures or
pipes to be constructed or installed as, in his opinion, are necessary to
prevent damage and to satisfactorily carry off surface waters.
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 and other protective devices.
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.
Where walls or slopes at property lines are steeper than 1:1 and six feet
or more in height, they shall be protected by a substantial fence three feet
or more in height. Before a grading permit is issued, a bond may be required
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 regrading 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 development
shall be preserved.
Any person, partnership or corporation who or which shall violate the
provision of this chapter shall, upon conviction thereof in a summary proceeding,
be sentenced to pay a fine of not more than $1,000. In default of payment
of the fine, such person, the members of such partnership or the 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.
In case any grading is, or is proposed to be, performed in violation
of this chapter, the Council may, in addition to other remedies, institute
in the name of the Borough any appropriate action or proceeding to prevent
such unlawful work and to restrain or abate such violation.
