[HISTORY: Adopted by the Council of the Borough
of Baden 10-13-1997 by Ord. No. 840. Amendments noted where applicable.]
A.
This chapter shall be known as the "Baden Borough
Grading, Excavating and Fill Ordinance."
B.
The purpose of this chapter is to provide minimum
standards to safeguard persons, to protect property, to maintain the
present level of 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.
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 portions of this chapter.
Wherever used in this chapter, the words listed
below shall have the following meanings:
The qualified individual designated from time to time by
the Baden Borough Council to act for Baden Borough under this chapter.
Baden Borough.
A valid permit issued by Baden Borough pursuant to the provisions
of applicable Baden Borough ordinances for the construction, erection
or alteration of a structure or building.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity, including such process 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,
relocated or bulldozed and shall include the conditions resulting
therefrom.
The elevation of the existing ground surface above sea level
prior to any excavating or filling.
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 ground surface above sea level after
grading has been completed; the elevation coincides with the elevation
called for in a plan of grading.
An excavation, fill or any combination thereof; grading shall
include the conditions resulting from any excavation or fill.
Any permit required by this chapter.
A danger or potential danger to life, limb or health 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 such material as will produce a dust-free,
all-weather, hard surface.
A natural person or persons, but shall also include a partnership
or corporation and their heirs, successors and assigns.
That state of grading which approximates the finished grade
in a plan of grading.
A lot, tract or parcel of land, or a series of lots, tracts
or parcels of land joined together, where grading work is continuous
and performed at the same time.
The ratio formed by the horizontal over the vertical difference
of position; and where the vertical difference is usually expressed
as one (e.g., 2/1, 3/1, etc.)
New grading (excavation or fill) or changes,
additions, repairs or alterations made to an existing grading (excavation
or fill) shall conform to the provisions of this chapter.
No person shall commence or perform any grading
(excavation or fill) without first having obtained a grading permit
from the Administrator. A separate grading permit shall be required
for each site. One grading permit may cover both an excavation and
any fill made on the same site.
A grading permit will 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 four feet in vertical depth at its deepest point measured from the existing grade, if the grading does not cover an area of more than 20% of the site, and does not exceed 6,000 square feet, and does not exceed 250 cubic yards, and does not result in cut and/or fill slope steeper than four horizontal to one vertical, and does not exceed an area of 1,000 square feet for areas recognized by the Borough consulting engineer as containing landslide-prone soils. This exception shall not affect the applicability of this chapter to the requirement of a grading permit for any fill made with the material from such excavation, unless such fill is within the exception of Subsection B herein.
B.
A fill does not exceed four feet in vertical depth
at its deepest point measured to the existing grade if the grading
does not cover an area of more than 20% of the site and does not exceed
6,000 square feet and does not exceed 250 cubic yards, and the surface
of such fill does not have a slope at any point steeper than four
horizontal to one vertical.
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 indicates existing
and proposed contours. A grading permit shall not be required for
the temporary stockpiling, on the same site, of the material from
such excavation within a one-year period beginning from issuance of
the building permit.
D.
A single-family house site where the minimum slope between property lines or the maximum excavation or fill (exclusive of the situations referred to in Subsection C hereof) does not exceed the slopes or quantities set forth in the following table:
|
Single-Family House Site
(area to be graded in square feet)
|
Maximum Slope
Without Permit
(feet vertical per
100 feet horizontal)
|
Maximum Excavation or Fill Without Permit
(cubic yards)
| |
|---|---|---|---|
|
Less than 12,000
|
12 in 100
|
100
| |
|
12,000 to 30,000
|
15 in 100
|
200
| |
|
Greater than 30.000
|
20 in 100
|
250
|
Every applicant for a grading permit shall file
a written application therefor with the Administrator.[1] 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.
Be accompanied by plans and specifications, in triplicate,
prepared by a registered engineer, registered surveyor or registered
landscape architect licensed by the Commonwealth of Pennsylvania,
including: a plan of survey; 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 a contour interval of not greater than five feet; a plan
showing cross sections of the proposed cut and/or 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 two cross
sections for each property involved under said grading permit; a plot
plan showing the location of the grading, boundaries, lot lines, neighboring
streets and ways, existing and proposed buildings, existing waterlines,
sewers and drains, existing utility lines, type of ground cover or
vegetation, sufficient dimensions and other data to show the location
of all work, description of the type and classification of soil obtained
from an on-site investigation, details and location of existing watercourses,
area and details of paving, information regarding any proposed drainage
structures and pipes, walls and cribbing, details of bridges and/or
culverts required to cross over watercourses, nature of fill material
and such other information as the Administrator may require to carry
out the purpose of this chapter. All plans shall be dated and bear
the name and seal of the registered professional who prepared the
same, the name of the applicant and the name of the owner of the land.
C.
State the estimated dates of the starting and completion
of the grading work.
D.
State the purpose for which the grading application
is filed.
[1]
Editor's Note: The application for grading
permit and Acknowledgment of Receipt is included at the end of this
chapter.
A.
Before issuing a grading permit, the administrator
shall collect a permit fee as follows:
(1)
The permit fee for a grading permit shall be calculated
in accordance with the following table:
|
Volume of Material
|
Fee
| |
|---|---|---|
|
Not more than 100 cubic yards
|
$60
| |
|
More than 100 cubic yards, but not more than
300 cubic yards
|
$60 plus $9 for each additional 100 cubic yards
or portion thereof
| |
|
More than 300 cubic yards, but not more than
500 cubic yards
|
$60 plus $8 for each additional 100 cubic yards
or portion thereof
| |
|
More than 500 cubic yards, but not more than
1,000 cubic yards
|
$60 plus $7 for each additional 100 cubic yards
or portion thereof
| |
|
More than 1,000 cubic yards
|
$60 plus $6 for each additional 100 cubic yards
or portion thereof
| |
|
For revising a grading plan
|
50% of the fee required for the applicable volume
hereinabove set forth
|
(2)
Maximum fee: Except where a soil consultant is required,
a maximum fee of $2,500 shall be imposed.
(3)
A grading permit application reviewed in conjunction
with a land development application (i.e., subdivision/site plan)
shall be required to pay a flat fee of $50. The cost of the Engineer's
review will be charged to the subdivision/site plan application.
B.
Before issuance of a grading permit, the applicant
shall post a bond with a corporate surety. Such bond shall be executed
by a corporate surety, as well as by the principal, and shall be subject
to the approval of the Baden Borough Solicitor. The bond shall issue
to the benefit of Baden 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 Administrator. In lieu
of said bond, a cash deposit in the amount may be made with Baden
Borough. Said bond shall be in the amount of 50% of the estimated
cost of the work to guarantee the completion of said work, including
erosion and sedimentation control and storm drainage system, as contemplated
by the grading permit.
Every grading permit shall expire by limitation
and become null and void if the work authorized by such grading 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 grading 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 before the date of expiration of the
grading permit.
A.
Where in the opinion of the Administrator (with the
concurrence of the Borough consulting engineer), the work as proposed
by the applicant is likely to endanger any person, property, street
or way, the Administrator shall deny the grading permit. In determining
whether the proposed work is likely to endanger property, streets,
alleys, streams, create hazardous conditions or damage the ecology
of the area, the Administrator shall give consideration to, but shall
not be limited to, possible saturation by rains, earth movements,
runoff of surface waters, subsurface conditions such as the stratification
and faulting of rock and the nature and type of the soil, rock or
other minerals.
B.
The Baden Borough Council shall promptly consider
appeals from the provisions of this chapter or from the determinations
of the Administrator, and the Baden Borough Council may consider alternate
methods, standards or materials proposed by the applicant. Any applicant
or grading permit holder shall have the right to appeal to any court
of competent jurisdiction within 30 days from any decision or determination
of the Baden Borough Council.
A.
The Administrator shall make the inspections hereinafter
required and shall either approve that portion of the work that has
been completed or notify the grading permit holder wherein the same
fails to comply with the provisions of this chapter. Where it is found
by inspection that the soil of other conditions are not as stated
or shown on the application, the Administrator shall stop work on
the site immediately until approval is obtained for a revised grading
plan conforming to the existing conditions.
B.
Plans and specifications and a valid copy of the grading
permit 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 satisfactorily completed.
C.
The grading permit holder shall notify the Administrator
in order to obtain inspections in accordance with the following schedule.
Such notifications shall be made by the grading 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
installed and before such facilities are backfilled.
(4)
Special inspection: if at any time conditions are
found which are not stated on the grading permit holder's application.
(5)
Special structures: when excavations are complete
for retaining walls and crib walls, and when reinforcing steel is
in place, before concrete is poured.
(6)
Final inspection: when all work, including installation
of 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 grading permit is likely to endanger any
property, streets, ways or create hazardous conditions, the Administrator
may require, as a condition allowing the work to be done, that such
reasonable safety precautions be taken as the Administrator considers
advisable and as such will 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, cribbing or walls or additional compaction of fill
material.
The following are general standards for grading:
A.
No grading, stripping or topsoil removal, excavation
or any other land disturbance activity which changes the existing
contours or results in the removal of existing vegetation (other than
the removal of dead or diseased plant material) shall be permitted
before the final grading permit has been approved.
B.
Grading shall be limited to the minimum area necessary
to provide for buildings, roads, parking areas, utilities and other
facilities shown in an approved grading permit.
C.
Grading in areas susceptible to landslides, subsidence,
flooding or steep slopes or in wetlands shall comply with the additional
provisions hereunder.
D.
A soil erosion and sedimentation control plan shall be prepared in accordance with the provisions of Title 25, Environmental Resources, Chapter 102, Erosion Control, and approved by the Beaver County Conservation District (BCCD) prior to the commencement of any grading or other regulated earth disturbance activity, unless the BCCD determines that a soil erosion and sedimentation control plan is not required. Any disturbed areas shall be seeded with PennDOT seed mix Type D or its equivalent approved by the Borough.
E.
The applicant shall be responsible for protecting
adjacent and downstream properties from any damage which occurs as
a result of earth disturbance on the site. Such protection shall include
cleaning up and restoring to their original condition any adjacent
and downstream properties adversely affected by silt, debris, flooding
or other damage resulting from the earth disturbance activity.
F.
The top and bottom edges of cut or fill slopes shall
be kept back from property or right-of-way lines three feet plus 1/5
the height of the cut or fill, which total distance need not exceed
10 feet.
G.
Topsoil stripped from the site in preparation for
earthmoving activities shall be stockpiled on site and replaced on
the site over all regraded, nondeveloped areas at a minimum depth
of four inches.
H.
Fill area shall be prepared by removing organic material
such as vegetation and rubbish and other material determined by the
Administrator to prevent proper compaction and stability.
I.
Proposed grading shall be accomplished so that existing
stormwater runoff flows are neither increased from predevelopment
rates nor concentrated at the point of release onto abutting or downstream
properties. The permit applicant may be required to provide proof
of sewer runoff flows.
J.
Maximum steepness of graded slopes shall be no greater
than two horizontal to one vertical except under the following conditions:
(1)
Where the height of a proposed slope will not exceed
10 feet, then a maximum slope steepness of one horizontal to one vertical
may be allowed where soil conditions permit and doing so will help
to preserve existing vegetation or other significant natural features.
The cut or fill shall be located so that a line having a slope of
two horizontal to one vertical and passing through any portion of
the slope face will be entirely inside the property lines of the proposed
grading work.
(2)
Where a retaining wall, designed and sealed by a registered
professional engineer licensed by the Commonwealth of Pennsylvania,
is constructed to support the face of the slope; retaining walls must
be constructed in accordance with the American Association of State
Highway Officials Standard Specifications for Highway Bridges, latest
edition.
K.
Excavation adjacent to any building foundation walls,
footing or structures shall not extend beyond the angle of repose
or natural slope of the soil under the nearest point of same unless
the foundations, footing or structures have been sufficiently underpinned
or otherwise protected against settlement.
L.
Graded slopes of 20 or more feet in height shall be
benched every 12 feet. Benches shall have a minimum width of six feet
and a maximum slope of 5%. Benches shall be planted with trees at
a rate of one tree per 30 lineal feet of bench. Trees shall have a
minimum caliper of 1.5 inches DBH. Species of trees may be mixed but
shall consist of hardy native species. New plantings shall be inspected
yearly, and all dead, diseased or damaged trees shall be replaced.
M.
No grading shall be permitted in a floodplain or wetland
area unless a permit is obtained from the appropriate Pennsylvania
Department of Environmental Protection office. The applicant shall
be responsible for payment for all costs associated with obtaining
said permit and shall produce said permit for inspection upon request
of the Administrator.
The following standards shall apply to all grading and disturbance of land with slopes of 25% or greater. If any of the delineated steep slope areas include soils or geologic features which indicate possible instability, the additional standards contained in § 103-14 shall apply.
A.
Slopes between 24% and 40%. No more than 25% of slope
areas with existing grades between 25% and 40% shall be stripped of
vegetation or disturbed through grading. Grading for roads shall be
limited to the cartway, and the remainder of the right-of-way shall
be left undisturbed.
B.
Slopes exceeding 40%. No development or disturbance
shall be allowed on slopes exceeding 40%. Very limited disturbance
for utilities may be allowed if the applicant demonstrates that no
feasible alternative location exists.
A.
No fill shall be placed over trees, stumps or other
material which could create a hazard. Instead, such materials may
be buried in natural ground where no structures will be built or hazard
created.
B.
All fills shall be compacted to provide stability
of fill material and to prevent undesirable settlement or slippage.
C.
No fill shall be made which creates any exposed surface
steeper in slope than three horizontal to one vertical, except under
the following condition: A written statement from a registered professional
engineer, licensed by the Commonwealth of Pennsylvania and experienced
in erosion control and geological sciences, certifying that he has
inspected the site and that the proposed deviation from the slope
specified above will not result in increased risk of injury to persons
or damage to adjacent property, streets, alleys, structures or receiving
streams from erosions and sedimentation, is submitted and approved
by the Administrator.
D.
The Administrator may require that the fill be constructed
with an exposed slope less than or flatter than three horizontal to
one vertical if he finds that under the particular conditions such
flatter slope is necessary for stability and safety.
E.
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; said time limit to be determined by the Administrator and
to be specified in 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, within the
fill. Topsoil must meet Pennsylvania Department of Transportation
Publication 408 Specifications.
(3)
No rock or material in excess of 12 inches in any
dimension, or nominal lift thickness, whichever is less, shall be
buried or placed in fills, nor shall organic materials be utilized
in fills.
F.
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 material 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 or could create a nuisance or be susceptible
to attracting rodents, termites or other pests.
(2)
No grading permit shall be issued for filling with material other than clean soil or earth until a performance bond in the amount of at least 10% more than the Administrator's estimated cost (i.e., 110%) of adequately covering such fill with clean soil or earth and providing erosion and sedimentation control and drainage has been furnished to Baden Borough. Such bond shall be in conformance with that as set forth in § 103-7B.
Landslide-prone areas. No grading, removal of
vegetation, construction or other disturbance shall be permitted on
soils that are classified as slide-prone or unstable, on any land
that is delineated as unstable, or on any other areas of a site that
exhibit signs of instability, except in accordance with the provisions
of this subsection.
A.
Unstable areas of a site may be set aside as common
or private open space.
B.
Limited disturbance of unstable areas may be allowed
if the applicant demonstrates to the satisfaction of the Administrator
that the proposed disturbance will not cause sliding, movement or
any unsafe condition either on the site or on any adjacent property.
C.
Evidence of the safety of any proposed disturbance
shall require site investigation and certification in writing by a
registered professional soils engineer, engineering geologist or professional
engineer with experience in soil engineering that the proposed activity
will not create or exacerbate unsafe conditions.
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 sheepsfoot
roller or other approved method after each layer is spread. The Administrator
may require a minimum level of compactive effort and tests verifying
the level of effort or other information if, in the opinion of the
Administrator, the conditions or materials are such that additional
information is necessary. Where fills are placed on slopes of 15%
or more, benching of the surface shall be required and indicated on
the cross sections. Fills that exceed a height of eight feet shall
be provided at the toe of the slope with a key bench at least two
feet deep and four feet wide across the entire length of the toe.
B.
The density requirements for compaction of embankments
shall be in accordance with ASTM 1556, D2922 or D3017, latest revision.
Adequate provisions shall be made to prevent
any surface waters from damaging the cut face of an excavation or
sloping surface of a fill. The Administrator shall require drainage
structures or pipes to be constructed or installed which are necessary
to prevent erosion and to satisfactorily carry away surface waters.
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 accordance with state rules, regulations and law.
The owner of any property upon 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 the grading permit, and further, the continued used of said area shall be contingent upon the maintenance and upkeep, satisfactory to Baden Borough. The certificate of completion may be revoked at any time by the Baden Borough Council in accordance with the procedures set forth in § 103-19B and C if the conditions of the grading permit are not being observed or if conditions exist that compromise the health, safety and welfare of any person, persons and/or property.
A.
The top and bottom edges of cut or fill slopes shall be kept back from property or right-of-way lines three feet plus 1/5 the height of the cut or fill, which total distance need not exceed 10 feet. The top and bottom cut and fill slopes shall be at least 25 feet from the nearest bank of any stream or body of water. A temporary fence not less than four feet in height and approved by the Administrator shall be placed at the top of all cut or fill 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 Baden Borough fence requirements shall be placed at the top of all such cut or fill slopes. Before a grading permit is issued, a bond shall be required as provided in § 103-7B hereof, to guarantee the protection of steep slopes.
B.
In order to prevent the denuding of the landscape,
wherever practicable, large trees and other natural fractures constituting
important physical, aesthetic and economic assets to existing or impending
development shall be preserved.
C.
All grading, excavation or fill shall be performed
so that no unnecessary dust shall be raised.
A.
If upon final inspection of an excavation or fill
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 grading permit
holder by the Administrator.
B.
The Baden Borough Council shall have the power to
revoke or suspend any grading certificate of completion upon the recommendation
of the Administrator that the work covered by the grading permit or
that any retaining walls, cribbing, drainage structures, fence or
other protective devices shown on the approved plans and specifications
submitted for a grading permit have not been maintained in good order
and repair.
C.
Before such revocation, the Administrator shall first
give written notice to the grading permit holder and to the owner
of the property involved, specifying the defective condition and stating
that, unless such defective condition is remedied, the grading certificate
of completion shall be revoked. Such conditions shall be corrected
within 30 days of notice to the owner to correct the same.
Neither the issuance of a grading permit under
the provisions of this chapter, nor compliance with the provisions
hereof or with any condition imposed by the Baden Borough Engineer
or Administrator, shall relieve any person from responsibility as
may be determined by law for damage to persons or property resulting
from a permitted operation nor impose any liability upon the Baden
Borough Engineer, Administrator, Baden Borough, Baden Borough Council,
agents, officers or employees for injury to persons or property.
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 Administrator on any person,
such violation shall be discontinued immediately.
C.
Any person, firm, partnership or corporation violating
any of the provisions of this chapter shall be liable, on conviction
thereof before a Justice of the Peace or other proper judicial officer,
to a penalty not exceeding $300 for each and every offense, and whenever
such person, firm, partnership or corporation shall have been notified
by the Administrator by service of summons in a prosecution or in
any other way that he is committing such violation of this chapter,
each day that he shall continue such violation after such notification
shall constitute a separate offense punishable by a like fine or penalty,
and upon default of the payment of the fine or penalty and the costs,
the defendant may be sentenced and committed to the county jail or
workhouse for a period not exceeding 30 days.
In case any work is performed by any person
in violation of any of the provisions of this chapter, the Property
Officer of Baden Borough, in addition to other remedies, may institute
in the name of Baden Borough any appropriate action or proceedings,
whether by legal process or otherwise, to prevent such unlawful work
and to restrain or abate such violation.
All costs for review above administrative costs,
including but not limited to engineering and legal, must be paid for
by the applicant.
