[HISTORY: Adopted by the Borough Council
of the Borough of Wilkinsburg 12-17-1990 as Ord. No. 2366. Amendments
noted where applicable.]
It is hereby ordained and enacted by the Council
of the Borough of Wilkinsburg, County of Allegheny, Commonwealth of
Pennsylvania, that from and after the passage and approval of this
chapter, the following regulations shall be in full force and effect.
The provisions of this chapter shall be held to be the minimum requirements
for the protection of the health, safety and welfare of the people
at large and to be designed to encourage the establishment and maintenance
of reasonable community standards to physical environment.
This chapter may be cited as the "Borough of
Wilkinsburg Grading Ordinance."
The purpose of this chapter is to provide minimum
standards to safeguard persons and property, to protect and to promote
the public welfare by preventing excess erosion, hazardous rock and
soil slippage, sedimentation and other soil and water management problems
and by regulating and controlling the design, construction, quality
of materials, use, location and maintenance of grading, excavation
and fill, including the prohibition of hazardous and solid waste as
fill.
No person shall construct, enlarge, alter or
repair any grading, excavation or fill except in full compliance with
all provisions of this chapter and after the lawful issuance of all
permits required by this chapter.
Neither the issuance of a permit under the provisions
of this chapter, nor compliance with its provisions, nor conformance
with conditions required by any such permit shall relieve any person
from liability for damage resulting from grading, nor attach any liability
upon the borough for damages to persons or property.
Wherever used in this chapter, the following
words shall have the meaning indicated:
The natural rock layer, hard or soft, in place at ground
surface or beneath unconsolidated surface deposits.
The Borough of Wilkinsburg.
The person officially appointed by the governing body to
enforce this chapter.
[1]The governing body of the Borough of Wilkinsburg.
A professional engineer, surveyor or architect who is licensed
by the Commonwealth of Pennsylvania.
A person who holds a degree in geology from an accredited
college or university and who has training and experience in the field
of engineering geology.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity, including such processes as gravitational
creep.
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.
An act by which earth, sand, gravel, rock or any other material
is deposited, placed, pushed, dumped, pulled, transported or moved
to a new location, including the material being deposited and the
condition resulting from such act.
An excavation or fill or any combination thereof, including
the conditions resulting from any excavation or fill.
The permit required by these regulations.
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.
As defined by the Solid Waste Management Act, 35 P.S. § 6018.103,
as any material which may:
A person, partnership, corporation, trust or association.
A lot, tract, parcel of land or series of lots, tracts, or
parcels of land which are adjoining where grading work is continuous
and performed at the same time.
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of origin by
air, water, gravity or ice and has come to rest on the earth's surface
either above or below water level.
The process by which sediment is deposited on stream bottoms.
A person registered by the Commonwealth of Pennsylvania as
a professional engineer and who has training and experience in soils
engineering.
The unpublished and operational soil survey for Allegheny
County, Pennsylvania, and the accompanying text Soil Survey Maps and
Interpretations for Developing Areas in Allegheny County, Pennsylvania,
as prepared by the United States Department of Agriculture (USDA)
Soil Conservation Services, et al.
All parts or combinations of ashes, garbage, refuse, radioactive
material, combustible demolition materials and industrial wastes such
as food-processing wastes, wood, plastic, metal scrap and all other
material which is not earth, soil, gravel, stone, rock and bedrock.
A natural drainage route or channel for the flow of water.
A grading permit must be obtained from the Building
Official for new grading, excavations and fills. Changes, additions
or alterations to existing excavation or fills shall conform to the
provisions of these regulations. A separate grading permit shall be
required for each site. One (1) permit may cover any grading, excavation
and fills made on the same site.
A.
Only one (1) permit is required for a continuous parcel
to be graded for a proposed planned development, such as a planned
residential development, subdivision or land development when adequate
standards or requirements for grading the parcel are approved by the
Building Official.
B.
When grading is to be performed for and executed concurrently
with the construction of a new building, a separate grading permit
will be required.
A grading permit will not be required for any
of the following situations:
B.
Grading limited to reasonable, regular, normal maintenance
and landscaping improvements by individual homeowners, where standards
herein are not violated.
C.
Stockpiling of rock, sand and aggregate in area properly
zoned for such use.
D.
For the construction of a single-family or two-family
structure which is located on a lot within a plan that has received
final approval in accordance with municipal subdivision regulations;
but only if grading erosion and sedimentation control measures have
been and are being employed in accordance with the approved grading
plan and specifications for the plot.
No grading permit shall be issued unless an
application has been submitted, reviewed and approved in accordance
with the following provisions:
B.
Three (3) copies of the grading plan and all required
reports and specifications shall be submitted to the Building Official.
One (1) complete set of plans shall be kept at the site while work
is in progress.[2]
C.
Where any natural watercourse which is under the jurisdiction
of the Pennsylvania Department of Environmental Resources, Division
of Dams and Encroachments, may be affected by proposed excavations
of fills along the banks of the watercourse or any culvert or bridge
or by a change in a direction or by adjacent construction, the applicant
must present, as a part of his or her application, the permit and
the letter of comments from the Department of Environmental Resources,
Division of Dams and Encroachments.
D.
Submission to County Conservation District.[3]
(1)
Plans and specifications above shall be submitted
to the Allegheny County Conservation District for approval before
submission to the Building Official when:
(a)
The excavation or fill exceeds five (5) feet
in vertical depth, which results in a cut or till slope steeper than
four (4) horizontal to one (1) vertical and exceeds an area of one
thousand (1,000) square feet from areas recognized by the County Soil
Survey as containing landslide-prone soils.
(b)
In the event that the applicant deems it necessary to exceed the slopes of cut and fill as recommended in the Soil Survey or by the Allegheny County Conservation District, said applicant may do so, only when the design is certified by a Soils Engineer or Engineering Geologist. However, in no case shall the slopes be greater than specified in § 154-17A.
(2)
The Building Official shall not issue a grading permit
without the required approvals from the Allegheny County Conservation
District or until no less than thirty (30) days has passed from the
date of submission to said District.
A.
The application shall consist of not less than three
(3) copies of a letter of application, together with not less than
three (3) prints of each drawing submitted to show how resulting erosion
and sediment shall be controlled. The proposed grading plan shall
be prepared by a licensed engineer, architect, surveyor or landscape
architect in accordance with standard engineering practices to clearly
indicate the following:
(1)
A valid boundary line survey of the site on which
the proposed work is to be done, including North arrow, scale, location
of trees and watercourses;
(2)
A description of the features, existing and proposed,
surrounding the site which are of importance to the proposed development,
including, among others, distance to road intersections, adjacent
structures, roads, utilities and watercourses;
(3)
A topographic map with existing contours at a vertical
interval of not more than five (5) feet which shows drainage and soil
conditions on the site based on data from the soil survey;
(4)
The location and description of existing and future
man-made features of importance to the proposed development, including
structures, roads, utilities, excavations and fills;
(5)
Plans and specifications for soil erosion and sediment
control measures as required by the borough and the County Conservation
District; and
(6)
A development schedule indicating the anticipated
starting and completion dates of the development, the sequence of
development and the time of exposure of each area prior to the completion
of effective erosion and sediment control measures.
A.
Where deemed necessary by the Building Official, the
applicant shall submit a detailed drainage study prepared by a Registered
Professional Engineer qualified in hydrology.[1]
(1)
The drainage study shall show, on an accurate map
of the site, the location, elevations and dimensions of all present
and proposed watercourses, ditches, pipes and drainage structures;
proposed excavations and fills, woodlands, structures; parking areas
and driveways; sources, storage and disposition of water channeled
through or across the site; all proposed grading and drainage; and
the gradients and maximum flow rates of watercourses.
(2)
The drainage study shall describe the work to be performed
and disposition of cut and fill material, the materials to be used
and the method of performance, including provisions for protecting
and maintaining existing drainage facilities, whether on public or
private property. The drainage study shall be accompanied by all supporting
data developed by the engineer.
B.
Drainage facilities to carry surface water shall be
provided and designed to prevent erosion or overflow.
C.
The applicant shall agree to the granting and recording
of easements for the installation and maintenance of drainage facilities.
D.
Adequate stormwater retention facilities shall be
provided to ensure that stormwater runoff after development shall
not be greater than runoff which would occur from the site in its
natural state during a storm with a one-hundred-year probability.
A soils report shall be required if load-bearing
fill is proposed, and this report shall consist of test bearings,
laboratory testings and engineering analysis to correlate surface
and subsurface conditions with the proposed grading plan.
A.
The soils report shall be prepared by a soil engineer
and shall include data on the nature, distribution and supporting
ability of existing soils and rock on the site and means of assuring
stable soil conditions and groundwater control as required.
B.
Fills toeing out on natural slopes steeper than twenty-five
percent (25%) shall not be approved unless a supplemental report prepared
by a soil engineer certifies that he or she has investigated, tested
and analyzed the site and that in his or her opinion such steeper
slopes will safely support the proposed fill. Such other supplemental
reports may be required as shall be deemed necessary by the Building
Official.[1]
Before issuance of a grading permit, the applicant
shall post a bond with a Pennsylvania approved corporate surety or
other approved security in the amount of one hundred percent (100%)
of the estimated cost of the grading work and erosion control facilities
proposed for the permit to guarantee completion of said work and facilities
in a satisfactory manner which meets the requirements of this chapter.
A.
The performance guaranty for grading single-family
residences may comply with the above requirements or be a cash deposit
of seventy-five dollars ($75.) per residence.
B.
When all requirements of this permit have been met
and the work has been completed in a satisfactory manner, the full
amount of security shall be returned to the person posting said security.
When the requirements of this chapter for obtaining
a grading permit have been met, the Building Official shall approve
the proposed plan and issue a grading permit. When, in the opinion
of the Building Official, work proposed by the applicant is likely
to endanger any property, person or public roadway or cause any other
hazardous condition, the Building Official shall disapprove the application
and shall not issue a grading permit. The Building Official, in reviewing
each application, shall give due consideration to possible saturation
by rains, earth movements, runoff surface waters, subsurface conditions,
the stratification and faulting of rock, aquifers, springs and the
nature and type of the soil or rock.
Every grading permit shall become null and void
if the work authorized has not been commenced within one (1) year
or is not completed within three (3) years from the date of issue.
Appeals may be taken to Council within thirty
(30) days of any denial by the Building Official. The Council may
grant relief from the strict provisions of this chapter where in its
opinion alternate methods, standards or materials proposed by the
developer will meet the objectives and intent of this chapter. Any
applicant or permit holder shall have the right to appeal decisions
of Council to any Court of competent jurisdiction.
The following standards shall be minimum standards
for the issuance of a grading permit.
A.
The maximum slope of an excavation shall not be greater
than one and one-half (1 1/2) horizontal to one (1) vertical,
and maximum slope for fill shall not be greater than two (2) horizontal
to one (1) vertical; provided, however, that the maximum cut may be
increased to one (1) horizontal to one (1) vertical where a soils
engineer certifies that the cut be into sedimentary rock or other
material which is sufficiently durable to remain stable and maintain
the cut without slippage.
B.
No grading, excavation or fill shall be performed
so close to any property line as to endanger or damage any adjoining
street or any other public or private property without supporting
such property from settling, cracking, erosion, sedimentation, flooding
or any other physical damage or personal injury which might result.
C.
Adequate provisions shall be incorporated to prevent
erosion due to storm drainage. All drainage facilities shall be properly
engineered and may be paved or planted swales and gutters and piped
storm sewers. All storm drainage facilities will be reviewed and approved
by the Building Official.[1]
D.
Existing storm drainage shall not be diverted so as
to alter the location of watercourses on any adjacent property.
E.
No debris or other material shall be placed or allowed
to be placed in any drainage ditch or structure in such a manner as
to obstruct the free flow of surface water.
F.
All trees in an area of extreme grade change shall
be protected with suitable tree wells unless the necessity for removal
is established. Trees shall not be removed unnecessarily.
H.
All fills shall be compacted to provide stability
of fill materials and to prevent settlement or slippage. Any fill
material to be used shall be tested by the owner to ensure that its
dry density shall be not less than ninety-five percent (95%) of maximum
density as determined by ASTM D1556.
I.
Immediately upon completion of grading, all areas
not designated for building or paving shall be mulched and planted.
Planting shall be appropriate to maintain slopes from erosion and
subject to approval of the borough. In general, planting may be rye
grass, crown vetch or honeysuckle.
J.
Plans and specifications for every grading permit
shall provide for both temporary and permanent erosion and sediment
control.
K.
When needed for slope stabilization, benching shall
be required. In general, slopes which exceed fifty (50) feet shall
require benches.
L.
In addition to the above, all fill and cut operations
shall follow the Handbook for Earth Moving Activities and Erosion
and Sedimentation Control for Allegheny County.
Where the Council, upon the recommendation of
its Building Official, has determined that any existing excavation,
embankment or fill is a hazard, the Building Official shall give written
notice to the property owner that a hazard exists and shall order
that such hazard shall be remedied by the owner within a reasonable
time specified in the notice.
A.
If, after such notification, the property owner has
not made the necessary repairs within the time adopted, then Council
may cause such remedies as are needed to be performed by borough employees
or by contract, and the cost thereof shall be borne by the property
owner by a lien filed as provided by law.
B.
Whenever the Council determines that any proposed
excavation or fill is a hazard, it may require that the property owner
have any proposed remedies certified by a soils engineer or an engineering
geologist.
A.
The applicant shall notify the Building Official of
the schedule of any grading operation. Notice shall be received by
the Building Official or at his or her office at least two (2) working
days before the start or completion of grading operations.[1]
B.
Grading work at these stages or at any other time
will be subject to spot inspections at the discretion of the Building
Official to determine that the work is being performed in compliance
with the approved permit and these regulations.[2]
C.
Should the Building Official deem it necessary, a
report by an engineering geologist will be required with inspection
and certification that cuts and fills have been placed in accordance
with approved plans and specifications.[3]
D.
A final inspection shall be conducted by the Borough
Engineer to certify compliance with this chapter. Satisfactory compliance
with this chapter shall be necessary before issuance of any occupancy
permit.
The owner of any property on which an excavation
or fill has been made shall maintain the excavation or fill in good
condition, including all retaining walls, cribbing, drainage structures,
fences, ground cover or other protective devices as may be a part
of the permit requirements.
A.
All drainagecourses, ditches, culverts, pipes and
structures shall be adequately maintained by the owner and shall be
kept open and free-flowing at all times.
B.
All graded surfaces, anti-erosion devices, retaining
walls, drainage structures and similar protective devices, plantings
and ground covers installed pursuant to a grading permit shall be
continuously maintained and kept in good repair by the owner.
C.
Adequate engineering provisions shall be incorporated
to prevent the infiltration of sediment into existing streams.
A.
Any person,
partnership or corporation who or which shall violate the provisions
of this chapter shall, upon conviction thereof in a summary proceeding,
be sentenced to pay a fine of not more than $1,000. In default of
payment of the fine, such person, the members of such partnership
or the officers of such corporation shall be liable to imprisonment
for not more than 90 days. Each day that a violation is continued
shall constitute a separate offense.
B.
The Borough
may institute proceedings under this section by the issuance of a
"notice of violation letter," assessing a civil penalty ranging from
$10 to $1,000 for each offense, and provide the parties in violation
of said Code section the opportunity to abate the violation and pay
said civil penalty in lieu of the institution of proceedings and the
imposition of the other stated penalties set forth herein.
[Added 5-9-2012 by Ord. No. 2892]
In case any grading is, or is proposed to be,
performed in violation of this chapter, the Council may, in addition
to other remedies, institute in the name of the borough any appropriate
action or proceeding to prevent such unlawful work and to restrain
or abate such violation.
