[HISTORY: Adopted by the Borough Council of the Borough of
Baldwin 3-21-1966 by Ord. No. 318; amended in its entirety 9-17-2001 by Ord. No.
758. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction and housing standards — See Ch. 74.
Uniform construction codes — See Ch. 83.
Erosion and sediment control — See Ch. 87.
Flood damage prevention — See Ch. 92.
Mining — See Ch. 119.
Subdivision and land development — See Ch. 142.
Trees, shrubs and bushes — See Ch. 142.
A.
Title.
This chapter shall be known and may be cited as the "Baldwin Borough
Grading Ordinance."
B.
Purpose.
The purpose of this chapter is to provide minimum standards to safeguard
persons and to protect and to promote the public welfare by regulating
and controlling the design, construction, quality of materials, use,
location and maintenance of grading, excavation and fill.
Wherever used in this chapter, the following words shall have
the meanings indicated:
The Borough of Baldwin.
A permit issued by the Building Inspector pursuant to the
provisions of the Baldwin Building Code[1] for the construction, erection or alteration of a structure
or building.
The appointed Engineer of the Borough of Baldwin.
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.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, pushed, dumped, pulled, transported or moved
to a new location and shall include the conditions resulting therefrom.
The elevation of the existing ground surface at the location
of any proposed excavation or fill.
Excavation or fill or any combination thereof and shall include
the conditions resulting from any excavation or fill.
Any permit required under § 99-4 hereof.
A natural person but shall also include a partnership or
corporation.
A lot, tract or parcel of land or a series of lots, tracts
or parcels of land which are adjoining where grading work is continuous
and performed at the same time.
New grading, excavations and fills or changes, additions, repairs
or alterations made to existing excavations and fills shall conform
to the provisions of this chapter, except that this chapter shall
not apply to:
A.
Work
in a public street or alley or in a Borough park, playground or recreation
area or on other public property.
B.
The
mining, quarrying, excavation, processing or stockpiling of rock,
sand, aggregate or clay unless such work affects the support or safety
of adjacent or contiguous property or structures.
No person shall commence or perform any grading, excavation
or fill without first having obtained a grading permit from the Building
Inspector on approval of the Engineer. A separate grading permit shall
be required for each site. One permit may cover the grading, excavation
and any fill made on the same site. A grading permit will not be required,
however, in any one of the following situations, but in all other
respects the provisions of this chapter shall apply:
A.
No
grading permit will be required for any excavation which does not
exceed four feet in vertical depth at its deepest point measured from
the natural ground surface; provided also, however, that such excavation
does not exceed 1,000 square feet in area.
B.
No
grading permit will be required when a fill is to be made which does
not exceed 10 cubic yards in amount on any one site.
C.
No
grading permit will be required when a fill is to be made which is
less than four feet in vertical depth at its deepest point as measured
from the top of such fill to the natural ground surface; provided
also, however, that such fill does not exceed 1,000 square feet in
area and that the slope of such fill does not exceed a maximum at
any point of three horizontal to one vertical.
D.
No
grading permit will be required for any excavations and backfill made
below finished grade for basements or footers, swimming pools or underground
structures for new construction authorized by a building permit properly
issued by the Borough of Baldwin, and no grading permit shall be required
for the temporary stockpiling of the material from such excavation
on the same site; provided, however, that if the material from such
excavation is thereafter to be used for fill purposes for which a
grading permit is required, such permit must be obtained prior to
such use in accordance with the requirements of this chapter. In addition,
if excavated material is stockpiled on a site for a period longer
than 120 days, then a permit shall be necessary when disposing of
the fill material.
E.
Where
residential construction for single-family houses does not fall within
the limits of the table below, then a grading permit shall be required
in addition to the building permit:
|
Site Size
(square feet)
|
Gradient
|
Amount of Excavation or Fill
(cubic yards)
| |
|---|---|---|---|
|
Less than 6,000
|
12 in 100 feet
|
75
| |
|
6,000 to 10,000
|
15 in 100 feet
|
100
| |
|
10,000 to 18,000
|
17 in 100 feet
|
200
| |
|
18,000 to 30,000
|
20 in 100 feet
|
300
| |
|
Over 30,000
|
22 in 100 feet
|
400
|
A.
Every
applicant for a grading permit shall file a written application therefor
with the Building Inspector. Such application shall:
(1)
Describe the land on which the proposed work is to be done by lot,
block, tract or street address or similar description which will readily
identify and definitely locate the proposed work.
(2)
Be accompanied by plans and specifications prepared by a registered
engineer, including a contour map showing the present contours of
the land and the proposed contours of the land after completion of
the proposed grading and a plan showing cross sections of the proposed
cut of fill at fifty-foot intervals which show the method of benching
both cut and/or fill. However, under no circumstances shall there
be less than three cross sections for each site involved under said
permit. In addition, a plot plan showing the location of the grading,
boundaries, lot lines, neighboring streets or ways, buildings, trees
over eight inches in diameter which are two feet above the ground
and sufficient dimensions and other data to show the location of all
work; a description of the type and classification of the soil; details
and locations of any proposed drainage structures and pipes, walls
and cribbing; the nature of fill material and such other information
as the Engineer may require to carry out the purposes of this chapter.
All plans shall be dated and bear the name and seal of the registered
professional engineer who prepared the same; the name of the applicant;
and the name of the owner of the land. Plans shall be submitted in
triplicate, one set of which shall be of a reproducible nature.
(3)
State the estimated dates for the starting and completion of the
grading work.
(4)
State the purpose for which the grading application is filed.
B.
Where,
owing to special circumstances and conditions, compliance with the
provisions of this chapter would result in unnecessary hardship, Council
may make special reasonable exceptions thereto as will not be contrary
to the public interest and may impose such conditions as it deems
necessary to adequately protect the public interest.
A.
The
Building Inspector shall receive all applications and shall collect
all fees. The Building Inspector shall transmit all applications to
the Borough Engineer who shall indicate his approval thereon. The
Borough Engineer shall provide findings and determinations in writing
to the Building Inspector within 10 working days of receipt.
B.
Before
issuance of a grading permit, all applicants who have applied for
a permit for excavation, grading or fill the sum of which equals or
exceeds 300 cubic yards shall post a bond, with corporate surety,
or other approved security in the amount of 100% of the estimated
cost of the grading work to guarantee the completion of said work,
including slope treatment and drainage contemplated under the permit.
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
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 such bond, a cash deposit or a
certified check in the same amount may be made with the Borough Treasurer.
The estimated cost of the grading work to be done on which the bond
shall be calculated must be prepared by a professional engineer registered
in the Commonwealth of Pennsylvania and should be attached to the
application.
C.
Before
issuance of a grading permit, all applicants who have applied for
a permit for excavation, grading or fill the sum of which is less
than 300 cubic yards shall post a bond, with corporate surety, or
other approved security in the amount of 25% of the estimated cost
of the grading work to guarantee the completion of said work, including
slope treatment and drainage contemplated under the permit. 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 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 such bond, a cash deposit or a certified check
in the same amount may be made with the Borough Treasurer. The estimated
cost of the grading work to be done on which the bond shall be calculated
must be prepared by a professional engineer registered in the Commonwealth
of Pennsylvania and should be attached to the application.
D.
Before
issuing a grading permit, the Building Inspector shall collect a permit
fee based upon the volume of material to be graded, as follows:
|
Volume of Material
(cubic yards)
|
Fee
| |
|---|---|---|
|
Not more than 100
|
$25
| |
|
More than 100, but not more than 300
|
$30
| |
|
More than 300, but not more than 500
|
$35
| |
|
More than 500, but not more than 1,000
|
$40
| |
|
More than 1,000, but not more than 10,000
|
$40, plus $3 for each additional 1,000 cubic yards or portion
thereof above 1,000 cubic yards
| |
|
More than 10,000, but not more than 100,000
|
$70, plus $1 for each additional 1,000 cubic yards or portion
thereof above 10,000 cubic yards
| |
|
More than 100,000
|
$160, plus $0.50 for each additional 1,000 cubic yards or portion
thereof above 100,000 cubic yards, except that no fee shall be more
than $600
|
E.
In
addition, before issuing a grading permit, the Building Inspector
shall require an escrow account to be established by the person proposing
to perform the grading in an amount established by the Borough Engineer.
Said amount shall not be less than $50 nor more than 2 1/2% of
the estimated grading and improvement cost.
F.
When
calculating the volume of material for purposes of this chapter, the
volume of material shall be considered cumulatively with regard to
prior applications relative to the property. Thus, if grading, excavation
or fill work has been performed on a property, the volume of material
shall be the sum of all grading excavation or fill work previously
performed as well as the sum of the grading, excavation and fill work
which is currently under consideration.
Every grading permit shall expire by limitation and become null
and void if the work authorized by such permit has not been commenced
within three months or is not completed within one year from the date
of issue, provided that the Borough Council, acting upon the recommendation
of the Borough Engineer, 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.
Where,
in the opinion of the Borough Engineer, the work as proposed by the
applicant is likely to endanger any property or person or any street
or alley or create hazardous conditions, he shall deny the grading
permit. In determining whether the proposed work is likely to endanger
property or streets or alleys or create hazardous conditions, the
Borough Engineer shall give due consideration to possible saturation
by rains, earth movements, runoff surface waters and subsurface conditions
such as the stratification and faulting of rock, aquifers, springs
and the nature and type of the soil or rock.
B.
The
Council of the Borough shall consider promptly appeals from the provisions
of this chapter or from the determinations of the Borough Engineer,
and the Council shall make determinations of alternate methods, standards
or materials when, in its opinion, strict compliance with the provisions
of this chapter is unnecessary. Any applicant or permit holder shall
have the right to appeal to any court of competent jurisdiction from
any decision or determination of the Council of the Borough.
A.
The
Borough Engineer shall, when contacted by the permit holder as required
in this chapter, make the inspections hereinafter 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 the
provisions of this chapter. Where it is found by inspection that the
soil or other conditions are not as stated or shown in the application,
the Borough Engineer may refuse to approve further work until approval
is obtained for a revised grading plan conforming to existing conditions.
B.
Plans
for grading work bearing the stamp of approval of the Borough Engineer
shall be maintained at the site during the progress of the grading
work and until the work has been approved.
C.
The
permit holder shall notify the Borough Engineer in order to obtain
inspections in accordance with the following schedule and at least
24 hours before the inspection is to be made. The permit holder shall
notify the Borough Engineer at least five working days before the
final inspection is to be made.
(1)
Initial inspection. When work on the excavation or fill is about
to be commenced.
(2)
Rough grading. When all rough grading has been completed.
(3)
Drainage facilities. When drainage facilities are to be installed
and before such facilities are backfilled.
(4)
Special structures. When excavations are complete for retaining and
crib walls and when reinforcing steel is in place and before concrete
is poured.
(5)
Final inspection. When all work, including the installation of all
drainage and other structures, has been completed.
D.
If
at any state of the work the Borough Engineer shall determine by inspection
that the nature of the formation is such that further work as authorized
by an existing permit is likely to endanger property or streets or
alleys or create hazardous conditions, the Borough may require as
a condition to allowing the work to be done that such reasonable safety
precautions are taken as the Borough Engineer considers advisable
to avoid such likelihood of danger. Safety precautions may include,
but shall not be limited to, specifying a flatter exposed slope, construction
of additional drainage facilities, berms, terracing, compaction or
cribbing.
E.
Upon
conclusion of the work but prior to final inspection by the Borough
Engineer, the professional engineer who designed the grading plan
shall sign and stamp the work guaranteeing that the work has been
performed in accordance with the submitted and approved plans. Further,
the professional engineer who signed and stamped the work referred
to above must show any changes on the drawings that differed from
the approved plans.
F.
Upon
conclusion of the work but prior to final inspection by the Borough
Engineer, all applicants who have applied for a permit for excavation,
grading or fill the sum of which equals or exceeds 300 cubic yards
shall have a professional engineer validate, through submission of
a signed and stamped document to the Borough Engineer that any fill
material used for a validly permitted project has been compacted within
the ranges established through moister density testing (using either
standard or modified proctor). All tests must be performed by an accredited
laboratory that possesses the necessary state or federal certifications.
G.
The
Borough Engineer shall not proceed with the final inspection and shall
not grant authority to release any performance bond until the items
required under this chapter prior to final inspection are provided
to him.
H.
Following
final inspection, all applicants who have applied for a permit for
excavation, grading or fill the sum of which equals or exceeds 300
cubic yards shall be required to post a two-year maintenance bond
with corporate surety, or other approved security in the amount of
100% of the estimated cost of maintaining said work, including slope
treatment and drainage contemplated under the permit. 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 be conditioned
on the maintenance of the work performed under the terms and conditions
of the grading permit to the satisfaction of the Borough Engineer.
In lieu of such bond, a cash deposit or a certified check in the same
amount may be made with the Borough Treasurer. The estimated cost
of the maintenance work on which the bond shall be calculated must
be prepared by a professional engineer registered in the Commonwealth
of Pennsylvania and should be reviewed by the Borough Engineer.
A.
No excavation shall be made with a cut face steeper in slope than
one vertical to 1 1/2 horizontal, except under one or more of
the following conditions:
(1)
The excavation is located so that a line having a slope of one vertical
to 1 1/2 horizontal and passing in any portion of the plane of
the cut face will be entirely inside a line three feet inside the
property lines of the property on which the excavation is made.
(2)
The material in which the excavation is made is sufficiently stable
to sustain a slope of steeper than one vertical to 1 1/2 horizontal,
and a written statement of a civil engineer, licensed by the Commonwealth
of Pennsylvania and experienced in erosion control, to that effect
is submitted to the Borough Engineer and approved by him. The statement
shall state that the site has been inspected and that the deviation
from the slope specified above will not result in injury to persons
or damage to property.
(3)
A retaining wall or other approved support design by a registered
engineer and approved by the Borough Engineer is provided to support
the face of the excavation and prevent injury to persons or damage
to property.
B.
The Engineer may require an excavation to be made with a cut face
flatter in slope than one vertical to 1 1/2 horizontal if he
finds the material in which the excavation is to be made unusually
subject to erosion, or if other conditions exist which make such flatter-cut
slope necessary for stability and safety.
C.
Excavations shall not extend below the angle of repose or natural
slope of the soil under the nearest point of any footing or foundation
of any building or structure unless such footing or foundation is
first properly underpinned or protected against settlement.
D.
Before commencing any excavation which will in any way affect an
adjoining property or structures thereon, the person making or causing
the excavation to be made shall notify in writing the owners of the
adjacent property or buildings not less than 30 days before such excavation
is to be made that the proposed excavation is to be started. Adjoining
properties and structures shall be protected as provided in the Borough
Building Code[1] as is then on file in the office of the Building Inspector
and/or as required by the Engineer.
A.
No fill shall be made in a residentially zoned area of the Borough
or with an exposed face adjacent to such a district which creates
a slope steeper than one vertical to two horizontal. Fill slopes in
lower zoned districts shall not be steeper than one vertical to 1 1/2
horizontal, except under one or more of the following conditions:
(1)
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,
ways or buildings.
(2)
A written statement from a civil engineer, licensed by the Commonwealth
of Pennsylvania and experienced in soil engineering, certifying that
he has inspected the site and that the proposed deviation from the
standard specified slopes will not endanger any property or result
in personal hazard or property damage is submitted to and approved
by the Engineer.
B.
In issuing permits, the Borough, on the advice and recommendation
of the Borough Engineer, may impose conditions requiring that a fill
be constructed with an exposed surface flatter than 1 1/2 horizontal
to one vertical if the Borough Engineer advises that under the particular
circumstances involved, such flatter surface is necessary for stability
and for the safety of persons and property.
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 as
determined by the Engineer and so 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
used in the fill other than clean soil or earth. If the filling operation
is intermittent, the Engineer may require that the top and exposed
surfaces of the fill are so covered at the completion of each lift.
(3)
No fill of any kind shall be placed over trees, stumps or other material
which could create a nuisance or be susceptible to attracting rodents,
termites or other pests.
(4)
No grading permit shall be issued for the filling of materials other than clean soil or earth until the performance bond referenced in § 99-6B above is posted. 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 insure to the benefit of the Borough and be conditioned upon the faithful performance of the work required under the terms and conditions of the grading permit to the satisfaction of the Borough Engineer. In lieu of such bond, a cash deposit or a certified check in the same amount may be made with the Borough Treasurer.
A.
All fills shall be compacted to provide stability of fill material
and to prevent undesirable settlement or slippage.
B.
The fill shall be installed in a series of layers each not exceeding
12 inches in thickness, and each layer shall be compacted by passing
a sheep's-foot roller or other approved equipment across the layer
in a minimum of four passes as the layer is spread.
C.
Pieces of rock or boulders having a thickness of more than six inches
or a cross-sectional area in any plane of more than 1 1/2 square
feet shall not be permitted in fills.
D.
No fill material that will support combustion shall be permitted.
E.
Where fills are placed on any existing slope greater than 5%, the
toe of the fill shall be prepared by cutting a bench 10 feet wide
on a reverse slope of one vertical to 10 horizontal.
F.
For fills higher than 10 feet above the toe of the proposed slope
there shall be constructed benches at eight-foot intervals measured
vertically from the base of the fill. Said benches shall be six feet
in width and shall have a floor cut to a reverse slope of one vertical
to six horizontal.
G.
The Borough Engineer, with the approval of the Borough Council, may
require tests or other information if, in his opinion, the conditions
or materials of fill are such that the additional information is necessary.
B.
Excavations cut at the normal one vertical to 1 1/2 horizontal
and deeper than 10 feet from the top of the cut shall have six-foot-wide
benches installed at ten-foot intervals measured from the top. Said
benches shall have reverse floor slopes of one vertical to six horizontal.
C.
Excavations cut at slopes in excess of the normal set forth in Subsection B above, and deeper than 10 feet from the top of the cut, shall have similar benches installed at eight-foot intervals measured from the top.
D.
All drainage provisions shall be of such a design as to carry surface
waters to the nearest practical street storm drain, storm sewer or
natural watercourse, as approved by the Engineer as a safe place to
deposit and receive such waters.
E.
The Borough Engineer shall require such drainage structures or pipes
to be constructed or installed as may be necessary to prevent erosion
damage and to satisfactorily carry off accumulated surface waters.
F.
Constructed benches in fills or cuts or at the top of slopes shall
have horizontal gradients of at least 2% for the purpose of carrying
off surface waters.
G.
The planting of sod, shrubs or other vegetation on slopes to prevent
erosion may be required where the condition of the grading is such
that planting is necessary to protect against erosion, in the opinion
of the Borough Engineer.
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 any other protective devices as may be a
part of the permit requirements.
B.
If, at any time subsequent to the completion of the grading work,
the cut face or fill slope shall evidence signs of deterioration,
erosion or other evidence which might be detrimental to the properties
above or below the grading site, the Borough of Baldwin Council, upon
the recommendation of its Engineer, may direct the property owner
to take whatever necessary remedial steps are deemed necessary to
restore the grading area to a safe condition and to do so in a reasonable
period of time.
C.
If, after such notification, the property owner has not made the
necessary repairs within the allotted time, then the Borough Council
may direct Borough employees to make the required repairs and the
cost thereof shall be borne by the property owner by a lien filed
as provided by law.
A.
The top or bottom edge of slopes shall be at least three feet from
adjacent property lines or street right-of-way lines in order to permit
the normal rounding of the edge without encroaching on the abutting
property or street.
B.
At the top of all cut or fill slopes which are in excess of 1 1/2
horizontal to one vertical, and six or more feet in total height,
a fence not less than four feet in height, and of a design meeting
the Borough standards, shall be erected.
C.
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 onto the lower properties as a result of the grading work on
the high property.
D.
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
work shall be preserved.
A.
No person shall construct, enlarge, alter, repair or maintain any
grading, excavation or fill or cause the same to be done contrary
to or in violation of any provision of this chapter.
B.
When written notice of a violation of any of the provisions of this
chapter has been served by the Building Inspector on any person, such
violation shall be discontinued immediately.
C.
Any person violating any of the provisions of this chapter shall
be liable, on conviction thereof, to a penalty not exceeding $300,
plus costs of prosecution, or to imprisonment for up to 30 days for
each and every offense. Whenever such person shall have been notified
by the Borough Engineer by service of summons in a prosecution or
in any other way that he is committing such violation after such notification
shall constitute a separate offense punishable by a like fine or penalty.
Such fines or penalties shall be collected as like fines or penalties
are now by law collected.
In case any work is performed by any person in violation of
any of the provisions of this chapter, the proper officer of the Borough,
in addition to other remedies, may institute in the name of the Borough
any appropriate action or proceeding, whether by legal process or
otherwise, to prevent such unlawful work and to restrain or abate
such violation.
