[HISTORY: Adopted by the Town Council of the Borough of Bellevue 12-7-1965 by Ord. No.
1325. Amendments noted where applicable.]
[Amended 3-8-1984 by Ord. No. 84-3]
A.
Title. This chapter shall be known and may be cited as the "Borough
of Bellevue Grading Ordinance."
B.
Purpose. 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, excavation
and fill.
C.
BOROUGH
EXCAVATION
FILL
GRADE
GRADING
GRADING PERMIT
INSPECTOR
PERMIT
PERSON
SITE
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
The Borough of Bellevue.
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 § 148-3 of this chapter.
The person in the position of Superintendent of Public Works
for the Borough of Bellevue.
A permit issued by the Borough Street Commissioner pursuant
to the provisions of this chapter.
A natural person, but shall also include a partnership or
corporation and their heirs, successors and assigns.
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.
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 work in a public street or alley or a Borough park, playground
or recreation area or on other public property.
No person shall commence or perform any grading, excavation
or fill without first having obtained a grading permit from the Inspector.
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. A
grading permit will not be required, however, in the following situations,
but in all other respects the provisions of this chapter shall apply:
A.
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 unless such fill is within the exception of Subsection B herein.
B.
A fill which does not exceed 10 cubic yards of material on any one
site and a fill which does not exceed three feet in vertical depth
at its deepest point measured from the natural ground surface and
does not 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.
C.
An excavation below finished grade 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; provided, however that a permit is required for excavation of a driveway between the building site and the street when conditions such as excessive cut of fill make such permit necessary. 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 unless such fill is within the exception of Subsection B herein. A grading permit shall not be required for the temporary stockpiling on the same site of the material from such excavation.
D.
A single-family house site where the maximum gradient between property lines or the maximum excavation or fill (exclusive of the situations referred to in Subsection C hereof) do not exceed the grades or quantities set forth in the following table:
|
Single-Family House Site
(square feet)
|
Maximum Gradient Without Permit
(feet)
|
Maximum Excavation or Fill Without Permit
(cubic yards)
| |
|---|---|---|---|
|
Less than 6,000
|
12 in 100
|
75
| |
|
From 6,000 to 10,000
|
15 in 100
|
100
| |
|
From 10,000 to 18,000
|
15 in 100
|
200
| |
|
From 18,000 to 30,000
|
15 in 100
|
250
| |
|
Over 30,000
|
20 in 100
|
250
|
A.
Every applicant for a grading permit shall file a written application
therefor with the 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 definitively 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
any land and the proposed contours of the land after completion of
the proposed grading and a plan showing cross sections of the proposed
cut or fill on fifty-foot intervals which shows 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; a plot plan showing the location of the grading, boundaries,
lot lines, neighboring streets and alleys, buildings, trees over 10
inches in diameter two feet above the ground, and sufficient dimensions
and other data to show the location of all proposed drainage structures
and pipes, walls and cribbing; nature of fill material and such other
information the Inspector may require to carry out the purposes of
this chapter. All plans shall be dated and bear: a) the name and seal
of the registered professional engineer who prepared the same; b)
the name of the applicant; and c) the owner of the land. Plans shall
be submitted in triplicate.
(3)
State the estimated dates of the starting and completion of the grading
work.
(4)
State the purpose for which the grading application is filed.
B.
The Inspector may waive the requirement of 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.
A.
Before issuing a grading permit, the Street Commissioner shall collect
a permit fee in an amount as established from time to time by resolution
of the Town Council.
B.
Before issuance of a grading permit, the applicant shall post a bond with corporate surety or other approved security, as set forth in § 148-10C(4), in an amount of 25% of the estimated cost of the work to guarantee the completion of said work, including slope treatment and drainage, contemplated by the permit. In the event that the applicant will move or grade so much land or area that a formal agreement will be required by the Bellevue Town Council, then said agreement will be prepared by the applicant at his own cost and expense and must be approved as to form by the Borough Solicitor.
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 Inspector may, if the permit holder presents
satisfactory evidence that unusual difficulties have prevented the
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 Inspector, 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 or streets or alleys or create
hazardous conditions, the Inspector shall give due consideration to,
but shall not be limited to, 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 or rock.
B.
The Town Council shall consider promptly appeals from the provisions
of this chapter or from the determinations of the Inspector, and the
Council may consider alternate methods, standards or materials proposed
by the applicant. Any applicant or permit holder shall have the right
to appeal to any court of competent jurisdiction from any decision
or determination of the Town Council.
A.
The Inspector shall, when requested, 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 Inspector may refuse to approve further
work until approval is obtained for a revised grading plan conforming
to the existing conditions.
B.
Plans for grading work approved by the Inspector 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 Inspector in order to obtain inspections
in accordance with the following schedule, and such notification shall
be made by the permit holder at least 24 hours before the inspection
is to be made:
(1)
Initial inspection. When work on the excavation or fill is about
to be commenced.
(2)
Borough 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 stage of the work the Inspector 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 any property or streets
or alleys or create hazardous conditions, the Inspector may require,
as a condition to allowing the work to be done, that such reasonable
safety precautions be taken as the Inspector considers advisable to
avoid such likelihood of danger. Safety precautions may include, but
shall not be limited to, specifying a flatter exposed sloped, construction
of additional drainage facilities, berms, terracing, compaction, cribbing
or walls.
A.
No excavation shall be made with a cut face steeper in slope than
1 1/2 horizontal to one vertical, except under one or more of
the following conditions:
(1)
The excavation is located so that a line having a slope of 1 1/2
horizontal to one vertical and passing through any portion of the
cut face will be entirely 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 1 1/2 horizontal to one vertical,
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 Inspector 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 designed by a registered
engineer, and said design approved by the Inspector, is provided to
support the face of the excavation.
B.
The Inspector may require an excavation to be made with a cut face
flatter in slope than 1 1/2 horizontal to one vertical if he
finds the material in which the excavation is to be made is unusually
subject to erosion or if other conditions exist which, under applicable
engineering practice, make such flatter cut slope necessary for stability
and safety.
C.
Excavations adjacent to any footing, foundations or structure shall
not extend below the angle of repose or natural slope of the soil
under the nearest point of same unless such footing, foundation or
structure 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 adjoining buildings not less than 30 days before such excavation is to be made that the excavation is to be made. Adjoining properties and structures shall be protected as provided in the Borough of Bellevue Building Code (Chapter 100) as is then on file in the office of the Inspector and/or as required by the Inspector.
A.
No fill shall be made which creates any exposed surface steeper in
slope than 1 1/2 horizontal to one vertical, except under one
or more of the following conditions:
(1)
The fill, in the opinion of the Inspector, is located so that settlement,
sliding or erosion of the fill material will not result in property
damage or be a hazard to adjoining property, streets, alleys or building.
(2)
A written statement from a civil engineer, licensed by the Commonwealth
of Pennsylvania and experienced in erosion control, certifying that
he has inspected the site and that the proposed deviation from the
slope specified above will not endanger any property or result in
property damage, is submitted to and approved by the Inspector.
B.
The Inspector may require that the fill to be constructed with an
exposed surface flatter than 1 1/2 horizontal to one vertical
if he finds that under the particular conditions such flatter surface
is necessary for stability and safety.
C.
Whenever a fill is to be made of materials other than clean soil
or earth, the grading permit shall be subject to the following additional
limitations and requirements:
(1)
The fill shall be completed within a reasonable length of time, the
said time limit to be determined by the Inspector and to be specified
on the grading permit.
(2)
Clean soil or earth shall be placed over the top and exposed surfaces
of the fill to a depth sufficient to effectively conceal all materials,
other than clean soil or earth, within the fill. When the fill is
other than clean soil or earth, the Inspector may require clean soil
or earth to be placed over the top and exposed surfaces of the fill
to a depth sufficient to conceal all materials at the end of each
day's operations.
(3)
No 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.
(4)
No grading permit shall be issued for the filling of materials other
than clean soil or earth until a faithful performance bond in the
amount of at least 10% more than the Inspector's estimated cost
of adequately covering such fill with clean soil or earth has been
furnished to the Borough. Such bond shall be executed by a corporate
surety, as well as by the principal, and shall be subject to the approval
of the Borough Solicitor as to form. The bond shall 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 Inspector. In lieu of said bond,
a cash deposit in the said amount may be made with the Borough Treasurer,
or with a bank or trust company approved by the Solicitor, which shall
act as escrow agent.
In order to prevent erosion, the permittee shall be required
to provide adequate ground covering of such kind and character as
may be approved by the Inspector. The ground covering shall be either
grass, crown vetch or other approved variety of vegetation.
All fills shall be compacted to provide stability of material
and to prevent undesirable settlement. The fill shall be spread in
a series of layers, each not exceeding 12 inches in thickness, and
shall be compacted by a sheep's-foot roller or other approved method
after each layer is spread. The Inspector may require tests or other
information if, in his opinion, the conditions or materials are such
that additional information is necessary. Where fills are placed on
slopes of 5% or more, benching of the surface shall be required and
indicated on the cross sections.
Adequate provisions shall be made to prevent any surface waters
from damaging the cut face of an excavation or the sloping surface
of a fill. Slopes of more than six feet in vertical height shall be
separated by level berms of at least four feet in width. The Inspector
shall require such drainage structures or pipes to be constructed
or installed which are necessary to prevent erosion damage and to
satisfactorily carry off surface waters. All drainage provisions shall
be of such design as to carry surface waters to the nearest practical
street, storm drain or natural watercourse approved by the Inspector
as a safe place to deposit and receive such waters.
The owner of any property on which an excavation or fill has
been made shall maintain in good condition and repair all retaining
walls, cribbing, drainage structures, fences, 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 Borough, and subject to such further conditions
as the Borough may prescribe from time to time. The certificate of
completion therefor may, at any time, be revoked by the Town Council
upon the recommendation of the Borough Engineer and/or Public Works
Chairman that the conditions of the permit are not being observed
and that conditions exist that prejudice the health, safety and welfare
of any person, persons or property. Before such revocation, the Inspector
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, the certificate
may be revoked. If the defective condition is remedied, the certificate
shall not be revoked. Such conditions shall be corrected within 30
days of notice to the owner to correct same.
A.
The top or bottom edge of slopes shall be at least three feet from property or right-of-way lines of streets in order to permit the normal rounding of the edge without encroaching on the abutting property. A fence not less than six feet in height, of the design approved by the Inspector and meeting Borough fence requirements, shall be placed at the top of all cuts or fill slopes in excess of 1 1/2 horizontal to one vertical and shall be there maintained until completion of the work. Before a grading permit is issued, a bond shall be required as provided in § 148-5 of this chapter to guarantee the protection of steep slopes.
B.
The owner of a property shall be responsible to protect and clean
up lower properties of silt and debris washing from his property as
a result of the regrading of his property.
C.
In order to prevent the denuding of the landscape, wherever practicable,
large trees and other natural features constituting important physical,
aesthetic and economic assets to existing or impending suburban development
shall be preserved.
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 covering such work and stating that the work is approved
shall be issued to the permit holder by the Inspector.
B.
The Borough shall have the power to revoke any grading certificate
whenever the Inspector finds that the work covered by the certificate
has been materially extended or altered without a permit so to do
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 Inspector 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, the certificate may be revoked. If the defective condition
is remedied, the certificate shall not be revoked. Such conditions
shall be corrected within 30 days of notice to the owner to correct
same.
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 Inspector on any person, such violation
shall be discontinued immediately.
C.
Any person, firm or corporation who shall violate any provision of
this chapter shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this chapter continues shall constitute
a separate offense.[1]
In case any work is performed by any person in violation of
any of the provisions of this chapter, the proper officers 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.
