Chapter 102

GRADING AND EXCAVATING

~ 102-1.

~ 102-2.

~ 102-3.

~ 102-4.

~ 102-5.

~ 102-6.

~ 102-7.

Short title.

Purpose.

Scope.

Definitions.

General requirements.

Activities requiring gradingpermit.

Activities not requiring agrading permit.

~ 102-8. Application procedures.

~ 102-9. Plan requirements.

~ 102-10. Special requirements.

~ 102-11. Approval of plan.

~ 102-12. Responsibilities of permittee.

~ 102-13. Inspection procedures.

~ 102-14. Costs of inspection.

~ 102-15. Permit fee.

~ 102-16. Violations and penalties.

[HISTORY: Adopted by the Borough Council of the Borough of Canonsburg 11-1-1988as Ch. 9 of the 1988 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction - See Ch. 77.Uniform construction codes - See Ch. 92.Floodplain management - See Ch. 99.Stormwater management - See Ch. ]47.

Subdivision and land development - See Ch. ]51.Trees - See Ch. ]57.Zoning - See Ch. 170.

~ 102-1. Short title.

This chapter shall be known and may be cited as the "Soil Erosion, Sedimentation andGrading Control Ordinance," implementing Title 25, Rules and Regulations, Part I,Commonwealth of Pennsylvania, Department of Environmental Protection, Subpart C,Protection of Natural Resources, Article II, Water Resources, Chapter 102, Erosion Control.

~ 102-2. Purpose.

The purpose of this chapter is to regulate the modification of the natural terrain and thealteration of drainage and to provide for certain erosion and sediment control measures withinthe Borough of Canonsburg to assure and safeguard health, safety, ecology and the generalwelfare in the Borough.

~ 102-3. Scope.

From and after the effective date of this chapter, any subdivision and/or land developmentapproved under the Subdivision and Land Development Ordinance,! if any, or Chapter 170,

]. Editor's Note: See Ch. ]5], Subdivision and Land Development.

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S 102-3 CANONSBURG CODE S 102-4

Zoning, or any activity qualified under S 102-5 and S 102-6 herein shall be in conformity withthis chapter. In the event of a conflict between this chapter and floodplain regulations, thefloodplain regulations shall take precedent.

~ 102-4. Definitions.

As used in this chapter, the following terms shall have the meanings indicated, unless adifferent meaning clearly appears from the context:

ALLUVIAL SOILS - An azonal great group of soils, developed from transported andrelatively recently deposited material (alluvium), characterized by a weak modification (ornone) of the original material by soil-forming processes.

CUT AND/OR FILL - The process of earthmoving by excavating part of an area and/orusing excavated material for embankments or fill areas.

EROSION -

A. The wearing away of the land surface by running water, wind, ice, chemical or othergeological agents.

B. Detachment and movement of soil or rock fragments by water, wind, ice or gravity.

GRADE-

A. The slope of a road, channel or natural ground.

B. The finished surface of a canal bed, roadbed, top of embankment or bottom ofexcavation; any surface prepared for the support of construction like paving or laying aconduit.

C. To finish the surface of a canal bed, roadbed, top of embankment or bottom orexcavation.

RUNOFF (HYDRAULICS) That portion of the preclpltation on a drainage area orwatershed that is discharged from the area in stream channels; types include surface runoff,groundwater runoff or seepage.

SEDIMENT - Solid material, both mineral and organic, that is in suspension, is beingtransported or has been moved from its site of origin by air, water, gravity or ice and hascome to rest on the earth's surface either above or below sea level.

SLOPE - Degree of deviation of a surface from the horizontal, usually expressed in percentor degrees.

SOIL DRAINAGE - A condition of the soil, referring to the frequency and duration ofperiods when the soil is free of saturation.

WATERCOURSE - A natural drainage route or channel for the flow of water.

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9 102-5 GRADING AND EXCAVATING 9 102-8

~ 102-5. General requirements.

Whenever the landscape is to be permanently disturbed as to either contours, soil or slopecharacteristics or vegetation or any ground cover is to be permanently removed, a plan isrequired showing how resulting erosion and sediment shall be controlled. This plan shallinclude the following:

A. The amount of site alteration proposed;

B. The development schedule; and

C. Erosion and sediment control practices (both temporary and permanent) and the operationand maintenance arrangements.

~ 102-6. Activities requiring grading permit.

The following activities require a grading permit:

A. Modifying, disturbing, blocking, diverting or otherwise adversely affecting the naturaloverland or subsurface flow of stormwater;

B. Construction, erection or installation of any drainage dam, ditch, culvert, drainpipe,bridge or any other structure or obstruction affecting the drainage of any premises;

C. Paving, filling, stripping, excavating, grading or regrading of any land; and

D. Disturbing the landscape, vegetation or any ground cover by any proposal involving anarea in excess of 3,000 square feet.

~ 102-7. Activities not requiring a grading permit.

The following activities require no grading permit:

A. Improvements, such as erection of retaining walls, driveway paving, minor regrading oractivities on a property which do not adversely affect the natural overland or subsurfaceflow of stormwater, drainage of any premises or adversely disturb the landscape, in agross area of up to 25 acres on anyone property.

B. Farming, gardening or lawn restoration, but not including sod farming.

~ 102-8. Application procedures.

A. Any person, firm or corporation proposing to engage in an activity requiring a gradingpermit hereunder shall apply by the submission of a plan.

B. The applicant should, before submitting a preliminary plan for review, consult Chapter170, Zoning, and Chapter 99, Floodplain Management, and the Subdivision and Land

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9 102-8 CANONSBURG CODE 9 102-10

Development Ordinance,2 if any, which regulate the development of land in the Boroughof Canonsburg.

C. A separate plan shall be required for each grading permit.

D. Three copies of the proposed plan, including specifications and development schedules,shall be submitted to the Secretary for a grading permit. The Secretary shall forward onecopy of the plan to the Planning Commission, one copy to the Borough Engineer and onecopy to the Zoning Officer.

E. The plan for a grading permit shall be accompanied by a fee established in the BoroughCouncil's schedule of fees and collection procedure for all applications and other matterspertaining to the Subdivision and Land Development Ordinance, if any, and this chapter.

~ 102-9. Plan requirements.

The plan for a grading permit shall include:

A. A valid boundary line survey of the site on which the work is to be performed;

B. A description of the features, existing and proposed, surrounding the site and which areof importance to the proposed development;

C. A plan of the general topography (including drainage) and soil conditions on the site (thelatter available through the County Conservation District);

D. The location and a description of existing and future man-made features of importance tothe proposed development (i.e., cuts and/or fills, buildings, roads and driveways);

E. Plans and specifications of soil erosion and sediment control measures in accordancewith standards and specifications of the Borough and the County Conservation District;and

F. A development schedule indicating the anticipated starting and completion dates of thedevelopment sequence and the time of exposure of each area prior to the completion ofeffective erosion and sediment control measures.

~ 102-10. Special requirements.

In addition to the requirements of 9 102-9 and where deemed necessary by the BoroughEngineer and the Planning Commission or the Borough Council, the applicant shall submitwith the plan a detailed drainage study, prepared by a registered professional engineerqualified in hydrology in the commonwealth. This study shall include:

A. A plan of the property showing the location of all present and proposed ditches, streams,pipes and other drainage structures and proposed cuts and/or fills. In addition to showingpresent elevations and dimensions and the location and extent of all proposed gradingand/or drainage, the plan shall clearly indicate all woodlands, buildings, parking areas

2. Editor's Note: See Ch. 151, Subdivision and Land Development.

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9 102-10 GRADING AND EXCAVATING 9 102-10

~- and driveways. Further, the plan shall indicate the present and proposed sources, storageand disposition of water being channeled through or across the premises, together withelevations, gradients and maximum flow rates. The plan shall describe the work to beperformed and disposition of cut and/or fill, the materials to be used and the manner ormethod of performance, including provisions for protecting and maintaining existingdrainage facilities, whether on public or private property. The applicant shall also supplythe supporting data for the plan, as developed by the engineer.

B. Calculations to determine runoff, which shall be based on the Soil-Cover ComplexMethod, a description of which is available from the United States Department ofAgriculture (USDA) Soil Conservation Service3 and outlined in the "Erosion andSediment Control Handbook, Washington County, Pennsylvania."

(1) The design criteria for storm sewer piping on inlet systems within a subdivisionbeing developed shall be designed for a twenty-five-year frequency storm; culvertsacross roadways shall be designed for a fifty-year frequency storm; openwatercourses or swales shall be designed for a one-hundred-year frequency stormas prescribed in accordance with the following:

(a) The coefficient of runoff used for all areas upstream of any drainage structureshall be computed on the basis of existing land use and the projected land usedescribed and shown on the Borough Comprehensive Plan and adjacentmunicipalities' comprehensive plans, where applicable.

(2) The following provisions apply to the carrying and disposal of stormwater runoff:

(a) All drainage facilities shall be designed to carry surface water in such amanner as to prevent erosion or overflow.

(b) The applicant shall agree to the granting and recording of easements coveringthe installation and maintenance of drainage facilities.

(c) The rate of runoff shall be no greater during and after a one-hundred-yearfrequency storm when the development is completed than that which existedbefore the development began and appropriate measurements of calculationsshall be provided to verify such provisions.

C. A soils investigation report, if load-bearing fill is proposed, which shall consist of testborings, laboratory testing and engineering analysis to correlate surface and subsurfaceconditions with the proposed grading plan. The results of the investigation shall bepresented in a report by a registered professional soils engineer and shall include dataregarding the nature, distribution and supporting ability of existing soils and rocks on thesite and conclusions and recommendations to ensure stable soil conditions andgroundwater control as applicable. The Borough may require such supplemental reportsand data as is deemed necessary by the Borough Engineer. Recommendations included insuch reports and approved by the Borough Engineer shall be incorporated in the plan orspecifications. The following provisions are in addition to the above:

3. Editor's Note: Now the Natural Resources Conservation Service.

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S 102-10 CANONSBURG CODE S 102-12

(l) Fills toeing out on natural slopes steeper than four horizontal to one vertical shallnot be made unless a report is received which is deemed acceptable by theBorough Engineer and approved by the Borough Council. The report shall be madeby a registered professional soils engineer, certifying that he has investigated theproperty, made soils tests and that, in his opinion, such steeper slopes will safelysupport the proposed fill.

(2) Natural and/or existing slopes exceeding five horizontal to one vertical shall bebenched or continuously stepped into competent materials prior to placing allclasses of fill.

~ 102-11. Approval of plan.

Upon the approval of the plan by the Borough Engineer, the Building Inspector shall issue thenecessary grading permit.

~ 102-12. Responsibilities of permittee.

A. Notwithstanding any provision of this chapter or any condition of the grading permit, thepermittee is responsible for the prevention of damage to other property or personal injurywhich may be effected by the activity requiring a grading permit.

B. No person, firm or corporation shall modify, fill, excavate, pave, grade or regrade land inany manner so close to a property line as to endanger or damage any adjoining street,alley or any other public or private property without supporting and protecting suchproperty from settling, cracking, erosion, sediment, flooding or any other physicaldamage or personal injury which might result.

C. No person, firm or corporation shall deposit or place any debris or any other materialwhatsoever or cause such to be thrown or placed in any drainage ditch or drainagestructure in such a manner as to obstruct free flow.

D. No person, firm, or corporation shall fail to adequately maintain, in good operating order,any drainage facility on his premises. All drainage ditches, culverts, drainpipes anddrainage structures shall be kept open and free-flowing at all times.

E. The owner of any property on which any work has been done pursuant to a gradingpermit granted under this chapter shall continuously maintain and repair all gradedsurfaces and anti-erosion devices, retaining walls, drainage structures or means and otherprotective devices, plantings and ground cover, installed or completed. The Borough isresponsible for maintenance and repair within the right-of-way of municipal roads.

F. All graded surfaces shall be permanently seeded, sodded and/or planted or otherwiseprotected from erosion within 30 days, weather permitting, and shall be tended and/ormaintained until growth is well established. The disturbed area and duration of exposureshall be kept to a minimum using temporary erosion and sediment control measuresimmediately, as outlined in the "Erosion and Sediment Control Handbook, WashingtonCounty, Pennsylvania."

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S 102-12 GRADING AND EXCAVATING S 102-12G. All trees in an area of extreme grade change shall be protected with suitable tree wells,

unless the necessity for removal is established. Precautions shall be taken to prevent theunnecessary removal of trees.

H. When required, adequate provisions shall be made for dust control measures as aredeemed acceptable by the Borough Engineer.

1. All plans and specifications submitted for a grading permit shall include provisions forboth interim (temporary) and ultimate (permanent) erosion and sediment control. Thedesign, installation and maintenance of erosion and sediment control measures shall beaccomplished in accordance with standards and specifications established by the CountySoil Conservation District, as adopted from standards and specifications of the UnitedStates Soil Conservation Service' and as outlined in the "Erosion and Sediment ControlHandbook, Washington County, Pennsylvania."

(1) Technical standards for the design and installation of erosion and sediment controlmeasures are on file with the Borough of Canonsburg, the office of the CountyConservation District and other governmental agency offices.

(2) Standards and specifications adopted for the purposes of this chapter and by theCounty Conservation District include but are not limited to the following basicconservation measures:

(a) Temporary cover on critical areas.

~',(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(1)

Permanent grass and legume cover for critical areas on prepared seedbed.

Permanent grass and legume cover for critical areas on unprepared seedbed.

Sodding.

Mulching.

Temporary diversion.

Permanent diversion.

Grassed waterway or outlet.

Grade stabilization structure.

Debris basin.

Drain.

Drainage; mains or laterals.

1. A quality control program is critical for fills. Therefore, wherever fill material is to beused, the person, firm or corporation shall be responsible for testing to determine its drydensity as per ASTM D1556. The density of each layer shall be not less than 95% ofmaximum density as determined by ASTM D1557.

4. Editor's Note: Now the United States Natural Resources Conservation Service.

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S 102-12 CANONSBURG CODE S 102-16

(l) Inspection procedure shall follow the general procedure as stated in S 102-13.

(2) Compaction test reports shall be kept on file at the site and be subject to review atall times.

(3) Degree of compaction required shall be determined by the Borough Engineerfollowing the guidelines in this section.

~ 102-13. Inspection procedures.

A. All inspections shall be the responsibility of the Borough Engineer or, in his absence, aqualified person acceptable to the Borough Engineer and the Borough of Canonsburg.

B. Inspections will be carried out on a random basis, except as stated below. However, a setof as-built plans shall be on file at the site and authenticated by a registered professionalengineer. When it is deemed acceptable to the Borough Engineer, a designated qualifiedperson may authenticate the as-built plans and will assume full responsibility for thequality of work.

C. Any and all as-built plans shall be available on the site at all times and be subject toinspection and inquiry.

D. Engineering check notes shall accompany all as-built plans which involve structural ormechanical measures and shall serve as supporting evidence that structures meet designstandards and specifications specified herein.

E. A final inspection shall be conducted by the Borough Engineer to certify compliancewith this chapter. Satisfactory compliance with this chapter shall be necessary beforeissuance of an occupancy or use permit.

~ 102-14. Costs of inspection.

Permittees shall bear all costs of inspections required or permitted hereunder and shall depositwith the Borough such sum as the Borough Council shall determine to guarantee payment ofthe costs of such inspections. The costs of inspections shall be in accordance with theestablished schedule of fees and collection procedure for matters pertaining to this chapter.

~ 102-15. Permit fee.

The fee for a grading permit shall be fixed by resolution of the Borough Council from time totime.

~ 102-16. Violations and penalties.

A. 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 $500 and/or toundergo imprisonment for a term not exceeding 90 days. Each day that a violation of thischapter continues shall constitute a separate offense.

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S 102-16 GRADING AND EXCAVATING S 102-16

B. In addition to the penalties as set forth in S 102-16A, any movement of the landscape,vegetation or any ground cover performed in violation of this chapter shall be restored toits previous condition, including replacement of excavated earth, removal of illegallyplaced fill and restoration of grades and planting.

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