[HISTORY: Adopted by the Borough Council of the Borough of
Lehighton 11-14-1988 by Ord. No. 382. Section 98-9 amended at time of adoption
of Code; see Ch. 1, General Provisions, Art I. Other amendments noted
where applicable.]
The purpose of this chapter is to provide minimum standards
to safeguard persons, to protect property and to promote the public
welfare by regulating and controlling the design, construction, quality
of materials, use, location and maintenance of grading, excavations
and fills.
Wherever used in this chapter, the following words shall have
the meanings indicated:
A permit required for the construction, erection or alteration
of a structure or building, issued pursuant to the provisions of borough
ordinances and/or building codes.
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 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 § 98-3 hereof.
A natural person, but shall also include a partnership or
corporation.
A.
No person shall commence or perform any grading, excavation or fill
without first having obtained a grading permit from the Borough Engineer.
A separate grading permit shall be required for each site. One permit
may cover both an excavation and any fill made on the same site.
B.
A grading permit will not be required, however, in the following
situations, but in all other respects the provisions of this chapter
shall apply:
(1)
An excavation which does not exceed three feet in vertical depth
at its deepest point, measured from the natural ground surface or
cover an area of more than 1,000 square feet. This exception shall
not affect the applicability of this chapter to or the requirement
of a grading permit for any fill made with the material from such
excavation.
(2)
A fill which does not exceed 10 cubic yards of material on any one
site or a fill which does not exceed three feet in vertical depth
at its deepest point, measured from the natural ground surface or
cover an area of more than 1,000 square feet, provided that the surfaces
of such fills do not have a slope at any point steeper than five horizontal
to one vertical.
(3)
Work in a public street or alley or in a borough park, playground
or recreation area or on other municipal property.
C.
A grading permit will not be required if a building permit has been
obtained and said building permit addressed the grading, excavation
or fill.
A.
Every applicant for a grading permit shall file a written application
therefor with the Borough Engineer. Such application shall:
(1)
Describe the land on which the proposed work is to be done.
(2)
Be accompanied by plans and specifications prepared by a registered
engineer or surveyor and shall include:
(a)
The present contours of land and the proposed contours of land
after completion of the proposed grading or excavation.
(b)
A plot plan showing the location of the grading, boundaries,
lot lines, neighboring streets and alleys and buildings.
(c)
A description of the type and classification of the soil.
(d)
Details and locations of any proposed drainage structures and
pipes, walls and cribbing.
(e)
The nature of fill material, if any.
(f)
Such other information as the Borough Engineer may require to
carry out the purposes of chapter.
(g)
All utility and other municipal lines and/or services.
(3)
State the estimated dates for the start and completion of the grading
work.
(4)
State the purpose for which the grading application is filed.
B.
The Borough Engineer may waive the requirement for any or all plans
and specifications listed above if he finds that the information on
the application is sufficient to show that the work will conform to
the provisions of this chapter.
Before issuing a grading permit, the Borough Secretary or Borough
Manager shall collect a permit fee, as established from time to time
by resolution of Borough Council.
Every grading permit shall expire by limitation and become null
and void if the work authorized by such permit has not been commenced
within six months or is not completed within one year from the date
of issue, provided that the Borough Engineer may, if the permit holder
presents satisfactory evidence that unusual difficulties have prevented
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 before the date of the
expiration of the permit. In addition, if any activity requiring a
permit under this chapter is inactive or dormant for a period of six
months, the permit lapses and/or expires and any new activity will
require a new permit procedure, as indicated in this chapter.
A.
Where, in the opinion of the Borough Engineer, the work as proposed
by the applicant is likely to endanger any property or any street
or alley, he shall deny the grading permit. In determining whether
the proposed work is likely to endanger property, streets or alleys
or create hazardous conditions, the Borough Engineer shall give due
consideration to:
B.
The Council 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.
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 Borough Manager on any person, such
violation shall be discontinued immediately.
C.
Nothing contained herein shall in any way eliminate the necessity
of obtaining any other municipal, state, or federal permit, if so
required.
D.
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.
Any person violating any of the provisions of this chapter shall,
upon conviction, be sentenced to pay a fine of not more than $600
for each offense and, in default of the payment of said fine and costs
of prosecution, shall be imprisoned for a period of up to 30 days.
Each day that such violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable as such
hereunder.
Every applicant shall make adequate provisions to prevent erosion
and surface waters from damaging the cut-face of an excavation or
the sloping surface of a fill and shall provide cover or any other
suitable procedures, as directed by the borough engineer, to address
any environmental protection requirement.
