[HISTORY: Adopted by the City Council of
the City of New Kensington 9-11-2006 by Ord. No. 3-06. Amendments noted where
applicable.]
A.
This chapter shall be known as the "City of New Kensington
Grading, Excavating and Fill Ordinance."
B.
The purpose of this chapter is to provide minimum
standards to safeguard persons, to protect property, streams and watercourses,
to maintain and promote ecology 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. This chapter is adopted pursuant to the Third Class City Code.[1]
[1]
Editor's Note: See 53 P.S. § 35101
et seq.
C.
If any section, subsection, sentence, clause or phrase
of this chapter is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portion of this chapter.
The following words and phrases shall have the
particular meaning specified for the purpose of interpreting this
chapter:
The City Clerk, City Code Enforcement Officer or such other
qualified individual designated by way of resolution by City Council
to act for the City under this chapter.
A valid, written permit issued by the City pursuant to the
provisions of applicable City ordinances for the construction, erection
of, or alterations of a structure or buildings.
The City of New Kensington, Westmoreland County, Pennsylvania.
A registered professional engineer licensed as such by the
Commonwealth of Pennsylvania duly appointed by City Council to serve
as the engineer for the City.
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, coal or any other
similar material is cut into, dug, quarried, uncovered, removed, displaced
or relocated or bulldozed and shall include the conditions resulting
therefrom.
A structural barrier to prevent intrusion within a given
area.
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 above sea level
prior to any excavating or filling.
The elevation of the ground surface above sea level after
grading has been completed and the elevation coincides with the elevation
called for in a plan of grading.
That state of grading which approximates the finished grade
in a plan of grading.
An excavation or fill, or any combination thereof, and shall
include the conditions resulting from any excavation or fill.
The permit required by this chapter.
A danger or potential danger to life, limb or health, safety
or well-being, or an 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.
The application of any material that produces a dust-free,
all-weather, impervious surface.
An individual, partnership, corporation, incorporated association
or other legal entity and their heirs, successors and assigns.
The degree of rise or descent of the land surface expressed
as the number of feet of vertical rise/descent in elevation in the
number of feet of horizontal distance.
New grading, excavations or fills, or changes,
additions, repairs or alterations made to existing grading, excavations
or fills, shall conform to the provisions of this chapter.
No person shall commence or perform any grading,
excavation, fill or permanent removal of vegetation, trees or ground
cover without first having obtained a grading permit from the Administrator.
Permanent removal of vegetation, trees or ground cover shall mean
any removal of vegetation, trees or ground cover that is not replaced
within 60 days of removal. If the grading is requested in conjunction
with a land development or subdivision, the grading requirements shall
be considered part of final plan approval and a separate grading permit
shall not be required.
A grading permit shall not be required in the
following situations, but in all other respects, the provisions of
this chapter shall apply:
A.
An excavation which does not exceed eight feet in
vertical depth at its deepest point measured from the existing grade,
if the grading:
B.
A fill which does not exceed six feet in vertical
depth at its deepest point measured to the existing grade, if the
grading:
C.
An excavation for basements and footings of a building,
swimming pool or underground structure authorized by a building permit,
and excavation of a driveway between a building site and the street
where the plot plans attached to the building permit indicate existing
and proposed contours. A grading permit shall not be required for
the temporary stockpiling on the site of the material from such excavation
within a one-year period beginning from issuance of the building permit.
D.
The development of a lot for a single-family detached
dwelling, provided no slopes to be created will exceed one foot vertical
to each three feet horizontal and stormwater drainage will either
not be changed or will be contained on the lot.
E.
The permanent removal of vegetation, including, but
not limited to, trees and ground cover in a gross area of less than
12,000 square feet.
F.
The preparation of land surface for the planting of
crops, gardens or landscaping materials.
G.
A retaining wall less than four feet in height.
Every applicant for a grading permit shall file
a written application with the Administrator. Such application shall:
A.
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 locate the proposed work.
B.
Contain the name and address of the applicant and
the owner of the land in question. If the owner is other than the
applicant, then the application shall state the nature of the applicant's
interest in the land and shall include written permission from the
owner for such application to be made.
C.
State the estimated dates of the starting and completion
of the proposed work.
D.
State the use to which the land will be put after
the work is done.
E.
Contain such additional information as may be reasonably
requested in any particular case by the City Engineer or Administrator
in order to facilitate the review required by this chapter.
F.
Be accompanied by three copies of plans and specifications
prepared by a registered engineer, registered surveyor, registered
architect or registered landscape architect licensed by the Commonwealth
of Pennsylvania, including:
(1)
A plan of survey;
(2)
A contour map, showing the present contours of the
land and the proposed contours of the land after completion of the
proposed grading at a scale not smaller than 50 feet to one inch and
at a contour interval of not greater than two feet;
(3)
A plan showing cross sections of the proposed cut
and/or fill on fifty-foot intervals, which show the method of benching
both cut and/or fill; however, under no circumstances shall there
be less than two cross sections for each property involved under said
permit;
(4)
A plot plan showing the location of the grading, boundaries,
lot lines, neighboring streets and ways, existing and proposed buildings,
existing waterlines and sewers or drains, existing utility lines,
type of existing and proposed ground cover or vegetation, and sufficient
dimensions and other data to show the location of all work;
(5)
The proposed routes of all trucks and heavy equipment
utilized during the grading operations, the estimated weights of the
trucks and equipment and evidence of compliance with weight limits
on the proposed routes, if any;
(6)
A description of the type and classification of the
soils and geological conditions obtained from an on-site investigation;
(7)
Details and location of existing watercourse, arid
areas, details of paving, and any proposed drainage structures and
pipes, walls and cribbing; details of bridges and/or culverts required
to cross over watercourses; and
(8)
Nature of fill material.
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All plans shall be dated and bear the name and
seal of the registered professional who prepared same, the name of
the applicant and the name of the owner of the land.
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H.
Be accompanied by an erosion and sedimentation control
plan approved by the Westmoreland County Soil Conservation District
or the Department of Environmental Protection.
A.
Upon receiving a grading permit application, the Administrator
shall submit copies of the application and plans to the City Code
Enforcement Officer and City Engineer.
(1)
The Administrator shall not render a decision on an
application until the recommendation of the City Engineer is received;
provided, however, that in no event shall the Administrator delay
a decision beyond 60 days from the date of filing of the application,
unless the applicant agrees to an extension of time.
B.
The Administrator shall approve or disapprove the
grading permit application. The decision shall be stated in writing
and mailed to the address of the applicant shown on the application.
(1)
The decision letter shall contain the notation "Date
of Decision: ____________" with the date inserted. The decision letter
shall also state, "Any person aggrieved by this decision may file,
in writing, an appeal to the City of New Kensington City Council within
10 days from the date of this decision or of the date of issuance
of a grading permit, whichever is later."
(2)
Where an application is approved, the decision letter
shall also state, "A grading permit will be issued and work may be
commenced pursuant thereto only after the bond is posted as required
by the City Grading Ordinance."
C.
Where an application has been approved, the grading
permit shall not be issued until the applicant shall post a bond with
a corporate surety in an amount determined by the City Engineer to
adequately stabilize the site should the grading not be completed.
The bond shall not be released until the Administrator receives a
letter from the City Engineer indicating that the grading was completed
as per the approved plans.
D.
In addition to the bond required to adequately stabilize
the site if the grading is not completed, the applicant may be required
to post a bond to guarantee restoration of City streets which may
be damaged by trucks and other heavy equipment during the operations
authorized by the grading permit.
E.
Once a grading permit is issued, it shall be continuously
and conspicuously posted by the applicant at the work site, from the
date of issuance until the date of completion of the work.
Every grading permit shall expire and become
null and void if the work authorized by such permit has not been commenced
within one year or is not completed within two years from the date
of issue, provided that the Administrator may, if the permit holder
presents satisfactory evidence in writing that unusual difficulties
have prevented the work from 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 at
least 90 days before the date of expiration of the grading permit.
A.
Where, in the opinion of the Administrator and/or
City Engineer, the application meets all requirements of this chapter,
and if the proposed use of the land has been approved and a final
subdivision or land development plan has been approved, the application
shall be approved.
B.
A variance from the substantive provisions of this
chapter may be granted by the Administrator where all of the following
conditions are met:
(1)
There is a unique physical condition of the land which
necessitates the variance;
(2)
The City Engineer has recommended, in writing, that
compliance with the provision in question will not significantly promote
the purposes of this chapter;
(3)
The proposed project it not economically feasible
without the requested variance;
(4)
The necessity for the variance is not self-created;
and
(5)
The applicant specifies the provisions from which
a variance is requested and the grounds therefor in the application.
(6)
The Administrator may subject the grant of a variance
to reasonable conditions intended to further the purposes of this
chapter.
C.
Where, in the opinion of the Administrator and/or
City Engineer, the application fails to conform to the requirements
of this chapter or the work as proposed by the applicant is likely
to endanger any person, property or any street or way, the application
shall be denied. In determining whether the proposed work is likely
to endanger property, streets or alleys, streams, create hazardous
conditions, or damage the ecology of the area, the Administrator and/or
City Engineer shall give consideration to, but shall not be limited
to, considering possible saturation by rains, earth movements, runoff
of surface waters and subsurface conditions such as the stratification
and faulting of rock, and the nature and type of the soil, rock or
other minerals.
D.
An approval may be made subject to reasonable conditions
imposed by the Administrator to further the purposes of this chapter.
E.
Where an application is denied, the decision letter
shall specify the reasons for denial and the specific provisions of
this chapter that have not been met.
F.
City Council shall, pursuant to the Third Class City
Code, hear appeals by persons aggrieved from the determinations of
the Administrator, and City Council may consider alternate methods,
standards or materials proposed by the applicant. Any appeal must
be filed within 10 days of the date of the decision of the Administrator
or of the date of issuance of a grading permit, whichever is later.
A.
Provisions.
(1)
The Administrator or his designee shall make the inspections
hereinafter required and any random, or unannounced inspections deemed
desirable by the Administrator.
(2)
The Administrator may either approve that portion
of the work that has been completed or notify the permit holder wherein
the same fails to comply with the provisions of this chapter or of
a previously issued permit.
(3)
Where it is found by inspection that the grading is
not in conformance with the approved plan and/or that the soil or
other conditions are not as stated or shown on the application, and/or
that the applicant proposes revisions to the approved plan, the Administrator
shall issue a stop-work order for the site immediately until approval
is obtained for a revised grading plan conforming to the existing
conditions or until the work is brought into compliance with the approved
plan.
B.
Plans for grading work approved by the Administrator
shall be maintained at the site during the progress of the grading
work until the work has been approved.
C.
The permit holder shall notify the Administrator in
order to obtain inspections in accordance with the following schedule,
and such notifications shall be made by the permit holder at least
72 hours before the 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 inspection. If at any time conditions or the
work differ from the description thereof in the permit holder's application.
(5)
Special structures. When excavations are complete
for retaining and crib walls, and when reinforcing steel is in place
and before concrete is poured.
(6)
Final inspection. When all work, including the installation
of all drainage and other structures, has been completed.
D.
If at any stage of the work the Administrator shall
determine by inspection that conditions exist such that the work as
authorized by an existing permit is likely to endanger any property,
streets, ways or create hazardous conditions, the Administrator may
require, as a condition to allowing the work to be done, that such
reasonable safety precautions be taken as the Administrator considers
advisable to avoid the likelihood of danger. Safety precautions may
include, but shall not be limited to, specifying a lesser degree of
slope, construction of additional drainage facilities, berms, terracing,
compaction, cribbing or walls.
E.
Permittees shall bear all costs of inspections conducted
hereunder, including engineering fees incurred by the City. Such engineering
fees shall be assessed in accordance with the City Engineer's established
schedule of fees.
Lot grading for subdivisions and land developments.
A.
No final grading shall be permitted with a cut face
steeper in slope than two horizontal to one vertical except under
one or more of the following conditions:
(1)
The material in which the excavation is made is sufficiently
stable to sustain a slope of steeper than two horizontal to one vertical,
and a written statement and geotechnical report prepared by and sealed
by a civil engineer, licensed by the Commonwealth of Pennsylvania
and experienced in geotechnical engineering, to that effect is submitted
to the City Engineer and approved by him. The statement shall state
that the site has been inspected and that the deviation from the slope
specified hereinbefore will not result in injury to persons or damage
to property.
(2)
A retaining wall, constructed according to sound engineering
standards for which plans are submitted to the City Engineer for review
and approval, is provided.
B.
No final grading shall be permitted which creates
any exposed surface steeper in slope than two horizontal to one vertical
except under one or more of the following conditions:
(1)
The fill is located so that settlement, sliding or
erosion will not result in property damage or be hazardous to adjoining
property, streets, alleys or buildings.
(2)
A written statement and geotechnical report prepared
by and sealed by a civil engineer, licensed by the Commonwealth of
Pennsylvania and experienced in geotechnical engineering, 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 City Engineer.
(3)
A retaining wall, constructed according to sound engineering
standards for which plans are submitted to the City Engineer for review
and approval, is provided.
C.
When the fill is other than clean soil or earth, the
Administrator 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.
(1)
No fill of any kind shall be placed over trees, stumps
or other material which would create a nuisance or be susceptible
to attracting rodents, termites or other pests.
(2)
No grading permit shall be issued for filling with
materials other than clean soil or earth until a performance bond
in the amount of at least 110% of the estimated cost of adequately
covering such fill with clean soil or earth and providing adequate
erosion and sedimentation control and drainage has been furnished
to the City.
Standards for minimizing erosion and sedimentation
shall be maintained as set forth by the Westmoreland County Conservation
District and the Pennsylvania Department of Environmental Protection
(PADEP).
A.
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 and shall be compacted by a sheep's-foot
roller or other approved method after each layer is spread. Fill slopes
shall be keyed into preexisting undisturbed earth and well compacted
in layers not to exceed eight inches in thickness.
B.
The Administrator may require tests or other information
if, in his opinion or that of the City Engineer, the conditions or
materials are such that additional tests or information are necessary.
C.
Where fills are placed on slopes of 15% or more, benching
of the surface shall be required and indicated on the cross sections.
D.
Fills that exceed a height of eight feet shall be
provided at the toe of the slope with a key bench of at least two
feet and not more than four feet wide across the entire length of
the toe.
A.
The toe of a slope shall be either graded to a natural
existing drainageway or to a stormwater drainage system, or provided
with a stormwater pipe draining to such a system.
B.
No stormwater originating above a graded slope shall
be allowed to flow down over the face of the graded surface.
C.
Slope areas shall be planted with fast-catching erosion-resisting
materials such as hardy rye grasses, shrubs, etc., immediately upon
completion of grading work. Hardy perennial grasses shall be sown
after the initial planting. Graded areas shall be protected from construction
activity, covered with straw and contained along their lower elevations
by hay bales until the planting has secured the slope.
D.
All drainage provisions shall be of such design as
to carry surface waters to the nearest practical location or natural
watercourse which is a safe place to deposit or receive such waters.
Culverts and bridges of proper size shall be installed where a watercourse
is to be crossed in accord with state rules, regulations and law.
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, ground cover and other protective devices as established by permit and, further, the continued use of said area shall be contingent upon the maintenance and upkeep satisfactory to the City. The certificate of completion therefor may, at any time, be revoked by the Administrator, in accordance with the procedures set forth in § 123-17B and C if the conditions of the permit are not being observed, or if conditions exist that prejudice the health, safety and welfare of any person, persons or property.
A.
General provisions.
(1)
No grading shall occur within five feet of any property
line or street right-of-way line except to allow connection of driveways
or walks on the property to adjacent public streets or walks, to grade
off land immediately adjacent to a street, or upon approval of the
City Engineer and the adjoining property owner because of the presence
of unusual grading or drainage circumstances.
(2)
The top or bottom edge of excavation and fills shall
be at least 25 feet from the nearest bank of any stream or body of
water.
(3)
A temporary fence, not less than four feet in height
and approved by the Administrator, shall be placed at the top of all
cuts or fills and slopes in excess of 1 1/2 horizontal to one
vertical, prior to excavation. Upon completion of grading, a permanent
fence not less than four feet in height and meeting City fence requirements
shall be placed at the top of all such cuts or fills and slopes.
B.
The owner of a property shall be responsible to protect
and clean up affected properties of silt or debris washing from his
property as a result of the grading of his property. The duties imposed
under this subsection shall be in addition to those duties owned to
other property owners by law.
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
suburban development shall be preserved.
D.
All grading, excavation or fill shall be performed
so that no unnecessary dust shall be raised. The Administrator may
impose and enforce reasonable dust control regulations and may revoke
any permit issued under this chapter until dust control regulations
are met.
E.
Where construction is proposed, individual lots shall
not be graded until after a building permit has been issued for construction
thereon, except as may be needed for placement of public improvements.
Developers are encouraged to clear only those trees that will interfere
with the actual development of each lot.
F.
In the event the developer proposes to utilize retaining
walls, he shall keep them five feet from any property or street right-of-way
line, and shall provide drainage above the wall and at its toe. A
wall or fence shall be provided along the top of a retaining wall
if a dangerous condition will exist. The design drawings for any retaining
wall greater than six feet in height shall be approved by the City
Engineer prior to construction.
A.
If upon final inspection it is found that the work
authorized by the grading permit has been satisfactorily completed
in accordance with the requirements of this chapter, a grading certificate
of completion covering such work and stating that the work is approved
shall be issued to the permit holder by the Administrator.
B.
The Administrator shall have the power to revoke the
grading certificate of completion upon the recommendation of the City
Engineer that the work covered by the permit, or that any retaining
walls, cribbing, drainage structures, fence or other protective devices
shown on the approved plans and specifications submitted for a permit,
have not been maintained in good order and repair.
C.
Before such revocation, the Administrator shall first
give written notice to the permit holder and to the owner of the property
involved, specifying the defective condition, and stating that unless
such defective condition is remedied within a specified time that
the certificate shall be revoked.
D.
Any person aggrieved by the issuance or revocation
of a grading certificate of completion may appeal, in writing, pursuant
to the Third Class City Code, to the City Council. Any appeal must
be filed within 10 days of the decision appealed from.
