A.
This chapter shall be known and may be cited as the "Borough of Franklin
Park Grading Ordinance."
B.
The purpose of this chapter is to provide minimum standards to safeguard
persons, to protect 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. New grading,
excavation and fill, or changes, additions, repairs or alterations
made to existing excavation and fill, shall conform to the provisions
of this chapter, except as otherwise noted.
C.
All grading not currently under permit at the time of adoption of
this chapter shall cease, and the site shall be maintained as specified
in this chapter until a permit is issued for the site.
Whenever used in this chapter, the following words shall have
the meanings indicated:
A person who has applied for a permit under this chapter.
Borough of Franklin Park.
An individual licensed and registered under the laws of the
Commonwealth of Pennsylvania engaged in the practice of engineering,
assigned or appointed by the Borough to perform the duties required
under this chapter, and the agent(s) of such individual.
The Borough employee who is charged with the administration
and enforcement of the Building Code and the Zoning Code.
A permit issued by the Borough pursuant to the provisions
of applicable Borough ordinances for the construction, erection or
alteration of a structure or building.
An individual licensed and registered under the laws of the
Commonwealth of Pennsylvania engaged in the practice of engineering
and who prepared the proposed grading plan for the applicant.
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced,
relocated or bulldozed, including the conditions resulting therefrom.
A chemical or other substance intended to produce an explosion
or that contains oxidizing or combustible units or other ingredients
in proportions or quantities that, by ignition by fire, by friction,
by concussion, by percussion or by detonation, may produce an explosion
capable of causing injury to persons or damage to property. The term
"explosive" includes, but is not limited to, black powder (all varieties),
dry gun cotton, nitroglycerine, dynamite, chlorates, fulminates, all
sensitized ammonium nitrate compositions and any other of their compounds
or mixtures, smokeless powder, wet gun cotton and wet nitrostarch.
Earth, sand, gravel, rock or any other suitable material
which is deposited, placed, pushed, dumped, pulled, transported or
moved to a new location to build up the ground surface to a desired
level; or the activity by which such materials are added to the ground
surface.
The elevation of the existing ground surface at the location
of any proposed excavation or fill.
Excavation or fill or any combination thereof on a site,
including the conditions resulting from any excavation or fill.
Any permit required under this chapter.
Any person who is required to apply for a permit under this
chapter and who has received a permit from the Borough.
A natural person or any corporate entity, including, but
not limited to, any partnership, corporation or limited liability
company and its or their heirs, successors, assigns, directors, officers
and employees, as applicable.
A lot, tract or parcel of land where grading work is being
performed, or any series of lots, tracts or parcels of land which
are adjoining, where grading work is continuous and performed at the
same time.
A.
The amount of all required grading permit fees and escrow accounts for review and inspection fees shall be specified in the current Borough Fee Schedule Resolution as enacted or amended by Borough Council from time to time. The applicant shall reimburse the Borough for all fees and expenses incurred by the Borough related to an application and/or grading permit under this chapter, including, but not limited to, the reasonable and necessary charges of the Borough professional consultants, the Borough Engineer and the Borough Solicitor for review and report on an application and/or grading permit under this chapter and the inspection of grading work under § 124-6.
B.
Before receiving a grading permit, the applicant shall post a cash
escrow account or an irrevocable standby letter of credit in the amount
of 110% of the estimated cost of the grading to guarantee the completion
of said grading, including slope treatment, landscaping, stormwater
management and drainage required under the grading permit. If the
financial security is required by a development agreement, then the
financial security for grading shall be posted within the terms of
said agreement.
A.
When in the opinion of the Borough Engineer the grading as proposed
by the applicant is likely to endanger any property, person or street,
or create hazardous conditions, the Borough Engineer shall recommend
that the Borough deny the grading permit. In determining whether the
proposed grading is likely to endanger any property, person or streets,
or create hazardous conditions, the Borough Engineer shall give due
consideration to pertinent factors, including but not limited to:
possible saturation by rains, earth movements, runoff surface waters
and subsurface conditions such as the stratification and faulting
of rock, aquifers, springs and the nature and type of the soil or
rock, both during grading and after completion of grading.
B.
Any applicant shall have the right to appeal to a court of competent
jurisdiction from any decision or determination of the Borough Engineer.
All modifications to the approved plans, specifications and
permit requirements shall be submitted to the Borough for review by
the Borough Engineer. There shall be no differentiation between major
and minor modifications with respect to this section. Modifications
of the approved plans, specifications and permit requirements shall
be reviewed and approved in the same manner as the original application.
A.
Inspections shall be conducted and documented by the applicant's
engineer of record. Upon completion of grading, the engineer of record
shall submit a final report documenting his or her inspection efforts
and a letter of completion certifying that the proposed grading was
completed in accordance with all plans, specifications and permit
requirements. A final inspection shall be conducted by the Borough
Engineer to certify compliance with this chapter. The permittee and
owner or owners of the site shall notify the Borough Engineer and
submit an as-built grading plan showing all changes in the final grading
within 14 days of the completion of all activities under the permit.
The Borough Engineer shall then conduct an inspection to ensure that
satisfactory compliance with this chapter and the plans, specifications
and permit requirements has been accomplished.
B.
If in the opinion of the Borough Engineer the extent and scope of
the grading proposed by the applicant in the application requires
ongoing inspections to protect the public safety or assure soil or
other conditions were accurately stated in the plans and reports filed
with the application, the Borough Engineer may require additional
inspections in accordance with the following:
(1)
As directed by the Borough Engineer, the inspection shall be conducted
by the Borough, a consultant employed by the Borough, or the applicant's
design engineer.
(2)
The cost of all inspections will be borne by the applicant. The applicant
shall be required to provide an inspection escrow for the inspection
with the Borough Treasurer prior to the issuance of the grading permit
in an amount established in the Borough Fee Schedule Resolution as
enacted or amended by Borough Council from time to time.
(3)
As directed by the Borough Engineer, the permittee shall notify the
Borough Engineer, the engineer of record, or the Borough's site
consultant in order to obtain inspections in accordance with the following
schedule, and such notifications shall be made by the permittee at
least three working days before the inspection is to be made.
(a)
Initial inspection: when work on the excavation or fill is about
to be commenced.
(b)
Rough grading: when all rough grading has been completed.
(c)
Drainage facilities: when drainage facilities are to be installed
and before such facilities are backfilled.
(d)
Special structures: when excavations are complete for key ways,
retaining and crib walls and when reinforcing steel is in place and
before concrete is poured.
(e)
Final inspection: when all grading, including the installation
of all drainage and other structures, has been completed.
(4)
Inspections may, at the discretion of the Borough Engineer, also
be carried out on a random basis.
(5)
If at any stage of the grading the Borough Engineer shall determine
by inspection that further work as authorized by an existing permit
hereunder is likely to endanger private property or public streets,
alleys or ways, or create hazardous conditions, the Borough, through
the Borough Engineer or Building Inspector/Zoning Officer, shall stop
further grading of the site until such time as the permittee shall
eliminate the likelihood of such danger by, among other things, the
construction of additional drainage facilities, berm, terracing, compaction,
cribbing or other means as directed by the Borough Engineer.
(6)
The inspections of the grading by the Borough Engineer as hereinabove
set forth shall be limited to a determination by the Borough Engineer
as to whether or not the work is progressing in accordance with this
chapter and the plans, specifications and permit requirements. Such
inspections and/or right of inspections hereunder are not intended
to include and do not include any supervision or right of supervision
of the manner or means utilized by the permittee in the progress of
the work.
Neither the issuance of a grading permit nor compliance with
this chapter or any conditions imposed by the Borough Engineer shall
relieve any person from the responsibility for damage to any person
or property otherwise imposed by law, nor impose any liability upon
the Borough, its officials, officers, employees or agents for damages
to any person or property. All actions taken by a permittee to remedy
hazardous conditions noted during an inspection shall in no way transfer
liability to the Borough. Prior to the issuance of any permit, the
Borough may require that the applicant submit a hold-harmless agreement
to further indemnify the Borough, its officers, officials, employees
and agents.
A.
Blasting operations using explosives may be permitted in conjunction
with any grading, including, but not limited to, earthmoving or trenching
operations. Such grading may be permitted by the Borough, provided
that the person or entity applies for a grading permit and the grading
permit application clearly demonstrates that all standards and conditions
set forth in this chapter have been met.
B.
All blasting operations using explosives in conjunction with any
grading or excavating activity must meet all of the following conditions:
(1)
All blasting must be conducted in accordance with Title 25 of the
Pennsylvania Code, Chapter 211, Storage, Handling and Use of Explosives.
(2)
All blasters must be licensed by the Commonwealth of Pennsylvania's
Department of Environmental Protection prior to any blasting activity
within the Borough.
(3)
All applicants must secure and provide to the Borough a copy of any
and all approved blasting activity permit(s) from the Commonwealth
of Pennsylvania's Department of Environmental Protection Bureau
of Mining and Reclamation prior to any blasting activity with the
Borough.
(4)
All applicants must provide a certificate of insurance evidencing
that there is and will continue to be in full force and effect a commercial
general liability insurance policy that provides coverage for bodily
injury, including death, and property damage as a result of blasting,
collapse and underground releases, at a minimum of $5,000,000 per
occurrence, with the Borough named as an additional insured, which
certificate shall state that the Borough shall be given prior written
notice of cancellation of the insurance as follows: at least 10 days'
prior written notice for nonpayment of premium and at least 30 days'
prior written notice for any other reason. The applicant shall provide
proof of this additional insured status in the form of a policy endorsement
acceptable to the Borough Solicitor.
(5)
All applicants must provide notification by certified mail, return
receipt requested, to all homeowners with properties within 1,000
feet of the blast site at least 30 days in advance of the blasting
activity. The notification shall provide general information about
the blasting operation, the operation's blasting schedule, and
a statement regarding the duration of the operation. Proof of mailing
and all receipts returned must be submitted to the Borough for all
properties prior to any blasting activities.
(6)
All applicants must provide a preblast survey for all residential
and commercial structures within 300 feet of the blast site. Such
survey shall not be performed by the blasting company. The surveyor
shall document both interior and exterior conditions. The surveyor
shall record the condition of the structure before blasting and any
physical features the blasting could affect. The surveyor shall also
record the quality and quantity of private water supplies.
(7)
The blasting company must retain a third-party person or entity to
conduct seismographic recordings, which shall be made at the nearest
three residential and the nearest three commercial structures from
the blasting site. An analysis of the seismic data shall be submitted
to the Borough within three days from the conclusion of the blasting
activity.
(8)
A detailed blasting report shall be submitted to the Borough within
three days from the conclusion of the blasting activity.
(9)
Blasts shall be designed and conducted to achieve either a minimum
scaled distance of 90 feet or meet the maximum allowable peak particle
velocity indicated by Figure 1 of Title 25, Pennsylvania Code, § 211.151(c),
and not to exceed the noise levels specified in Table 1 of 25 Pa.
Code § 211.151(d) at the closest building not owned or leased
by the blasting company or its customer.
Upon completion of the grading as approved by the Borough Engineer,
the permittee's engineer of record shall issue to the Borough
a certification of completion, which will certify that all grading,
excavation and/or fill as stipulated in the grading permit has been
completed in compliance with this chapter and the approved plans,
specifications, permit requirements and other Borough ordinance requirements.
Copies of all inspection reports shall also be submitted with the
certificate of completion document.
Upon completion of the grading, the permittee shall provide
as-built plans, sealed by the permittee's engineer of record,
to the Borough Engineer in both hard copy and digital (.pdf) format.
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 violation of any of the provisions of this
chapter has been issued by the Building Inspector/Zoning Officer to
any person, such violation shall be discontinued immediately.
C.
Any person violating any of the provisions of this chapter shall
be guilty of a summary offense, punishable by a fine not to exceed
$1,000 per violation, plus court costs and reasonable attorneys'
fees incurred by the Borough in the enforcement proceedings, and,
in default of payment of such fine and costs, punishable by imprisonment
to the extent permitted by law for the punishment of summary offenses.
Each day that the violation of this chapter continues shall constitute
a separate offense. Whenever such person shall have been notified
by the Building Inspector/Zoning Officer, by service of summons in
a prosecution or in any other way, that a violation of this chapter
has been committed, each day that such violation continues after such
notification shall constitute a separate offense punishable by a like
fine.
In case any grading 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 an appropriate action or proceeding at law or in equity
to prevent such unlawful grading and to restrain or abate such violation.
