[HISTORY: Adopted by the Borough Council of the Borough of
Munhall 4-18-1974 by Ord. No. 1224. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Borough
of Munhall Grading Ordinance."
The purpose of this chapter is to provide minimum standards
to safeguard persons, to protect property and 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 meaning indicated:
The Borough of Munhall.
A permit issued by the Munhall Building Inspector, pursuant
to the provisions of the Munhall Borough Building Code as is then
in force.[1]
The appointed Engineer of the Borough of Munhall.
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 § 243-5 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 Building
Inspector with the approval of 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. 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 requirements off a grading permit for any fill made with the material from such excavation, unless such fill is within the exception of Subsection B.
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 or 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 § 243-5B. 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 of fill (exclusive of the situations referred to in § 243-5C hereof) do not exceed the grades or quantities set forth in the following table:
|
Single-Family House Site
(square feet)
|
Maximum Gradient Without Permit
|
Maximum Excavation of Fill without Permit
(cubic yards)
| |
|---|---|---|---|
|
Less than 6,0000
|
12 in 100 feet
|
75
| |
|
From 6,000 to 10,000
|
15 in 100 feet
|
100
| |
|
From 10,000 to 18,000
|
15 in 100 feet
|
200
| |
|
From 18,000 to 30,000
|
15 in 100 feet
|
250
| |
|
Over 30,000
|
20 in 100 feet
|
250
|
Every applicant for a grading permit shall file a written application
therefor with the Building Inspector. 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 definitely locate the proposed work.
B.
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 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 three 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 eight
inches in diameter two feet above the ground, and sufficient dimensions
and other data to show the location of all work; description of the
type and classification of the soil; details and location of any proposed
drainage structures and pipes, walls and cribbing; 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; name of the applicant; and the owner of the land.
Plans shall be submitted in triplicate.
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.
E.
The Engineer 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.
[Amended 9-18-1996 by Ord. No. 1399]
B.
Before issuance of a grading permit, the applicant shall post a bond, with corporate surety, or other approved security as set forth in § 243-12C(4) of this chapter in an amount 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 Council of the Borough of Munhall, then said agreement will be prepared by the applicant at his own cost and expense, and must be approved as to form and content by the Borough Solicitor.
Every grading permit shall expire by limitation and become null
and void if the work authorized by such permit had not been commenced
with six months or is not completed within one year from the date
of issue, provided that the Engineer may, if the permit holder presents
satisfactory evidence that unusual difficulties have prevented the
work being started or competed 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 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, or streets or alleys, or create
hazardous conditions, the Engineer 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 Borough Council shall consider promptly appeals from the provisions
of this chapter or from the determinations of the Engineer, 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 Borough Council.
A.
The Engineer 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 Engineer 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 Engineer, 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 Engineer 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)
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 stage of the work, the 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 any property or streets,
or alleys, or create hazardous conditions, the Engineer may require,
as a condition to allowing the work to be done, that such reasonable
safety precautions be taken as the 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, curbing
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 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 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 Engineer and approved by him. The statement shall
state that the site has been tested and inspected and that the deviation
from the slope specified above will not result in injury to persons
or drainage to property.
(3)
A retaining wall or other approved support designed by a registered
engineer and said design approved by the Engineer is provided to support
the face of the excavation.
B.
The Engineer 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 unusually
subject to erosion, or if other conditions exist which, under applicable
engineering practice, made such flatter cut slope necessary for stability
and safety.
C.
Excavations adjacent to any footing, foundation, 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 Munhall Building Code as is then on file in the Officer of Building Inspector (see also Chapter 168 of this Code), and/or required by the Engineer.
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 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, alleys or buildings.
(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 Engineer.
B.
The Engineer may require that the fill 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 Engineer 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 Engineer 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 Engineer'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 Engineer. In lieu of said bond,
a cash deposit in the said amount may be made with the Borough Secretary,
or with a bank or trust company, approved by the Borough 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 Engineer. 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 sheepsfoot roller or other approved method
after each layer is spread. The Engineer 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. Excavated slopes of more than eight feet in vertical height
at slope gradients in excess of 1 1/2 horizontal to one vertical
shall have terraces or benches at their base with a width equal to
one-half the height of the cut. The bench shall be back sloped at
a grade of 5% to trap loose material and runoff water. The Engineer
shall require such drainage structure 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 Engineer 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 Borough Council
upon the recommendation on the Borough Engineer and/or Street Commissioner
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 Engineer
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 four feet in height, of the design approved by the Building Inspector and the Engineer, shall be placed at the top of all cuts or fill slopes in excess of 1 1/2 horizontal to one vertical. Before a grading permit is issued, a bond shall be required as provided in § 243-5 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,
esthetic 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 Engineer.
B.
The Borough shall have the power to revoke any grading certificate
whenever if finds that the work covered by the certificate has been
materially extended or altered, without permit so to do, or that any
retaining walls, cribbing, drainage structures, fences, 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 Engineer 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 provisions of this chapter.
B.
When written notice of a violation of any of the provisions of this
chapter has been served by the Engineer on any person, such violation
shall be discontinued immediately.
C.
Any person, firm or corporation who shall violate any provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine as provided in Chapter 1, Article II, General Penalty, of the Code of the Borough of Munhall, 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 office 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.
