Greensburg City Zoning Code
ARTICLE XXIII
Land Operations 1
§ 265-182 Title.
This article shall be known and may be cited as the "City of Greensburg's Land Operations Ordinance."
§ 265-183 Purpose.
The purpose of this article is to provide minimum standards to safeguard persons and property; to protect and promote the public welfare by regulating the design, construction, quality of materials, use, locations and maintenance of grading, excavation, embankment and fill; and to prevent excess erosion, hazardous rock and soil slippage, sediment production and other soil and water management problems. This article shall also regulate the surface treatment of land and the handling and transportation of certain materials over public streets and ways.
§ 265-184 Definitions and word usage.
A.
The present tense shall include the future, masculine shall include the feminine and neuter, the singular includes the plural and the plural includes the singular and when terms are not defined, they shall have their ordinarily accepted meanings or such as the context may imply.
B. BEDROCK BUILDING PERMIT CITY CLERK PLANNING AND DEVELOPMENT COUNCIL DIRECTOR OF FINANCE DIRECTOR OF PUBLIC WORKS EMBANKMENT CITY ENGINEER CONSULTING ENGINEER EROSION EXCAVATING EXCAVATION FILL FILLING GRADE, FINISHED GRADE, ORIGINAL GRADIENT GRADING HAZARD PLANNING DIRECTOR and/or CONSULTING ENGINEER LAND OPERATION LAND RECLAMATION PROJECT LANDSCAPE ARCHITECT CITY OF GREENSBURG PERSON PLANNING COMMISSION PREMISES RETAINING WALL SITE SITE PLAN STANDARDS SURVEYOR, PROFESSIONAL TOE OF SLOPE TRANSPORTING OPERATION
The following terms shall have the meanings indicated when used in this article:
Natural rock layer, hard or soft, in place at ground surface or beneath unconsolidated surficial deposits.
A permit to construct or alter a structure, pursuant to the provisions of the City of Greensburg Building Code, adopted as ordinance No. 1524, or any subsequent ordinance as is then in force.[1]
The chief appointed executive empowered with the duties and responsibilities of administration of all City of Greensburg business, except as otherwise provided by applicable law.
[Amended 9-14-2015 by Ord. No. 2057]
Employees and their designated agents of the City of Greensburg responsible for the enforcement of subdivision, building and related structural and land use codes in the City of Greensburg.
[Amended 9-14-2015 by Ord. No. 2057]
The elective legislative body of the City of Greensburg.
The chief appointed fiscal officer of the City of Greensburg who is responsible for all monetary matters of the City of Greensburg.
The appointive employee responsible for the construction, operation and maintenance of roads and facilities owned and maintained by the City of Greensburg.
A raised mass of soil, granular material, shale, rock or random material that presently exists or is proposed for construction above original ground.
The professional engineer appointed by the City of Greensburg.
A person licensed by the Commonwealth of Pennsylvania to practice engineering and who is knowledgeable in the branch of civil engineering, appointed by City Council.
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, altered by blasting, uncovered, removed, displace, relocated or bulldozed. Excavating shall not be interpreted to mean an act to remove subsurface minerals or other materials, which act takes place solely underground or by surface mining.
The end result of excavating.
The end result of filling.
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. A stockpile of material shall not constitute a fill.
The average elevation of the finished ground surface at the location of any proposed excavation, embankment or fill.
The average elevation of the existing ground surface at the location of any proposed excavation, embankment or fill.
The degree of inclination of a slope, expressed in terms of the percentage of the difference in the vertical elevation to the horizontal distance (e.g., a gradient of 25% means a difference in vertical elevation of 25 feet in a horizontal distance of 100 feet).
Excavating or filling or any combination thereof.
A danger or potential danger to life, limb or health or adverse effect or potential adverse effect to the safety, use or stability of property, waterways, public ways, structures, utilities and storm sewers, including air, noise or stream pollution.
A person employed by the City of Greensburg responsible for the inspection of land operations, grading or other operations as defined within this article or his authorized representatives.
An ongoing or completed operation and related activities involving or primarily connected with reshaping of land, including grading, removal of trees, vegetation or other natural ground cover, transportation of fill or other material for disposal purposes, and surfacing of land.[2]
A land reclaiming or conservation undertaking, extending over a site of more than one acre, involving a land operation (with or without an extracting industry) as a continuing activity over an extended period of time, and which will leave the land suitable for reuse, either for new development or in a natural state as usable open space.
A person licensed and registered under the laws of the Commonwealth of Pennsylvania to engage in the practice of landscape architecture.
The City of Greensburg, its elected and appointed officials, employees or authorized agents.
A natural person, but shall also include a partnership or corporation and its officers and their respective heirs, successors and assigns.
The Council appointive body of the City of Greensburg which reviews and advises Council upon all matters related to planning, land use and development in the City of Greensburg.
A tract or parcel of land with or without habitable buildings.
A structure constructed for the purpose of supporting a cut or filled embankment which would otherwise not comply with the standards set forth in this chapter and which is more than four feet in height as measured on the exposed vertical surface of the wall.
A lot, tract or parcel of land or a series of lots, tracts or parcels of land, joined together, where grading work is continuous, performed at the same time and covered by one land operations permit.
A drawing or drawings which indicate details or existing and intended development of a particular site in relationship to its surroundings, including details of land use, topography, landscaping and structures.
Those standards contained herein and those meanings and requirements in applicable City of Greensburg ordinances and county, state or federal law.
A person licensed to practice land surveying within the Commonwealth of Pennsylvania.
The beginning point of any ascending slope or, in the case of excavation or fill on a slope, the lowermost point where the excavation or fill joins the exposed slope surface.
The conveyance of materials for disposal or fill purposes from one site to another site.
§ 265-185 Permit required.
[Amended 11-9-2020 by Ord. No. 2113]
A zoning permit must be obtained from the Planning Director for any planned land operation within the City of Greensburg where the nature, extent, volume, degree or quantity or any part of the operation exceeds the limits specified herein. One permit may cover all land operations on the same site or premises if said operations would not exceed the permit time frame established at issuance. Permits for phases may be requested by the applicant for major planned developments. These developments would include but are not limited to a residential subdivision, a shopping center or an industrial park.
§ 265-186 Ordinary repairs and maintenance.
A.
Ordinary repairs. Ordinary repairs and maintenance may be made to land operations controlled herein without application or notice to the City of Greensburg. Ordinary repairs or maintenance shall not include the complete removal and replacement of impervious surfacing material, the moving or placement of earth, as controlled herein, or the change in type of material, size or loading on all retaining walls, cribbing, structures, fences, drainage or appurtenances.
B.
Maintenance. The owner of the property in which a land operations project has been conducted shall be responsible for maintenance in good condition and repair of 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 City of Greensburg.
§ 265-187 Existing land operations.
A.
Application. Except as provided in this subsection, persons conducting land operations at the time of enactment of this article shall apply for a zoning permit if the operation is altered in scope or involves transporting material on public roads or any operation which would not be completed within six months from the effective date of this article. All such affected operations shall apply for a zoning permit in compliance with this article within two months of the effective date of this article.
[Amended 11-9-2020 by Ord. No. 2113]
B.
Damage or alteration under 25%. The requirements of this article shall not apply, provided that within any twelve-month period work constituting 25% or less in quantity of a land operation is undertaken for repair of damage beyond the owner's control or alteration subsequent to completion.
C.
Previous approval. Any land operations project controlled herein previously approved by the City of Greensburg shall be completed within 12 months of the effective date of this article or the owner or approved agent shall apply for a zoning permit in compliance with this article.
[Amended 11-9-2020 by Ord. No. 2113]
§ 265-188 Enforcement.
[Amended 9-14-2015 by Ord. No. 2057]
A.
General. Planning and Development in conjunction with the designated consulting engineer and legal council for the City of Greensburg shall enforce all of the provisions of this article and shall act on any question relative to the mode or manner of construction and the materials to be used in any land operations project controlled herein.
B.
Administrative procedures. The City Clerk shall, as may be necessary in the interest of public safety, health and general welfare, establish administrative procedures to implement the provisions of this article to secure the intent thereof, but such procedures shall not have the effect of waiving any provision or requirement of this article.
C.
Entry.
(1)
General. In the discharge of his or her duties, any authorized representative of the City of Greensburg or the surety shall have the authority to enter at any reasonable hour any site or premises regulated by this article to enforce the provisions contained herein.
(2)
Jurisdictional cooperation. The assistance and cooperation of all other officials and agencies in the City of Greensburg shall be available to Planning and Development and consulting engineer as required in the performance of his duties.
§ 265-189 Modifications after original permit issuance.
A.
Application. The owner or representative for a land operations project shall make a detailed written application to Planning and Development for any change or deviation from the plans, specifications or description of work after original zoning permit issuance.
[Amended 9-14-2015 by Ord. No. 2057; 11-9-2020 by Ord. No. 2113]
B.
Written modification. Planning and Development, upon the advice and concurrence of the consulting engineer on the application request, shall issue a modified zoning permit, provided that the following does not apply:
[Amended 9-14-2015 by Ord. No. 2057; 11-9-2020 by Ord. No. 2113]
C.
The requested modification involves a change on City of Greensburg approved commercial site plan, subdivision or other operation or project controlled by the Zoning and Subdivision/Land Development Ordinances in which access opening, size location and landscaping of buildings, driveways, roadways, parking facilities and major drainage facilities would be affected.
D.
The requested modification involves waiver of any condition or requirement of this article or applicable law, as may be in effect at that time.
§ 265-190 Inspection.
[Amended 9-14-2015 by Ord. No. 2057]
A.
Preliminary inspection. Planning and Development shall examine or cause to be examined all sites or premises for which an application for a zoning permit for land operations has been filed prior to issuing a permit.
[Amended 11-9-2020 by Ord. No. 2113]
B.
Accredited inspection service. If, after review of the application, Planning and Development and/or consulting engineer recommends on-site inspection by an independent agency, or if Council requires such inspection as a condition of its approval, Planning and Development shall require inspection of this type as a permit condition. Inspection by an independent agency selected by the applicant from the City of Greensburg approved list of the same will be required. The requirement of an independent agency will be only for unusually difficult situations where the inspection is beyond the capacity of the City of Greensburg. The inspection agent shall be a registered professional engineer or shall have at least five years' experience in the type of work he is to inspect and shall be under the direct supervision of a registered professional engineer. The inspection agent shall furnish inspection on the work as directed by the City of Greensburg. The services of the inspection agent shall be solely the owner's expense. The inspection agent shall submit periodic inspection reports to the City of Greensburg as prescribed in its approval. The City of Greensburg shall issue a stop-work order in the event of a failure in submittal of a prescribed inspection report or upon a finding by the consulting engineer that the work is not safe, stable, workmanlike or in accordance with the owner's land operation plan approved by the City of Greensburg. In the event that the applicant's land operation plan encompasses work for improvements which are required as a condition of subdivision and/or land development approval, then and in such event, the arbitrating provisions of the Pennsylvania Municipalities Planning Code[1] shall control the subject land operations application.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
City of Greensburg inspection. Inspection shall be made at frequent intervals and at the following specific stages of the work by Planning and Development and/or consulting engineer or its authorized agents. These periodic inspections shall not constitute final approval of the work.
(1)
Initial. When work on the project is about to commence.
(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 completed for retaining and crib walls and when forms and reinforcing steel are in place, but before concrete is placed.
(5)
Final inspection. When all work, including the installation of all drainage and other structures, has been completed.
D.
Inspection notification and reports. The permit holder shall notify Planning and Development and/or its consulting engineer agent at least two normal business days prior to the time the inspection is to be made. Planning and Development and/or consulting engineer shall cause to be made and maintain a record of all such inspections and of all violations of this article. If, after proper notification, Planning and Development and/or consulting engineer shall fail to make the inspection, the permittee may proceed to continue work without additional delay.
§ 265-191 Application for permit.
[Amended 9-14-2015 by Ord. No. 2057; 11-9-2020 by Ord. No. 2113]
A.
When permit is required. A zoning permit for land operations must be obtained from the City of Greensburg in the following instances, except when included in the operations for which a permit is not required under Subsection B below. A single permit involving a single site may include any one or all of the kinds of operations to be performed in connection with that site. When more than one site is involved, such as excavating at the site and filling at another, separate permits for each site shall be required. Separate permits shall also be required for any transporting operation not involving a site in the City of Greensburg where the operation would otherwise require a permit under Subsection A(1) below.
(1)
Grading involving 500 cubic yards or more.
(2)
Grading involving less than 500 cubic yards will be subject to permit requirements under the following conditions:
(a)
An excavation or fill, for any reason whatsoever, of five feet or more in vertical depth at its deepest point, as measured from the natural ground surface of any slope with a gradient of 20% or more or a slope ratio greater than five to one.
(b)
An encroachment on or alteration of an existing drainage channel or watercourse.
(c)
In an easement for public sewer, water main, storm drain or any public utility in excess of 200 linear feet when said is not included or part of an approved subdivision and land development plan.
(d)
Any area that, in the opinion of the consulting engineer, is subject to surface or subsurface drainage conditions that would adversely affect the stability of slopes on the site or adjacent properties.
(3)
Removal of trees, vegetation, topsoil or other natural ground cover.
(a)
Over an area in excess of 10,000 square feet.
(b)
On any slope with a gradient in excess of 20% percent or a slope ratio greater than five to one when, in the opinion of the consulting engineer, the removal of such ground cover could affect the stability of the existing slope.
(d)
In an area of mature tree stand where 50% percent or more of the trees have an outer caliper measurement of 15 inches.
(4)
Surfacing and paving of land other than streets, roads or ways with hard surface or compacted nonpermeable material, such as asphalt, concrete or slag, with an area in excess of 4,000 square feet.
(5)
Transportation of any material for disposal or filling purposes over public streets not under maintenance bond in excess of 500 cubic yards for an individual site.
B.
When permit is not required. A zoning permit for land operations will not be required by this article for any of the following conditions:
(1)
Grading or paving for street improvement when a City of Greensburg road occupancy permit is required.
(2)
An excavation or fill below finished grade for basements, footings or foundations of single-family residential structures or any aboveground structure, swimming pool or underground structure, other than as provided in Subsection A(2)(a), when the grading is authorized by a valid building permit. A grading permit will not be required for the temporary stockpiling on the same site of the material from such excavation.
(3)
The normal moving of earth required for the conduct of farming and agricultural activities or for the grading or landscaping for single-family premises not exceeding 1 1/2 acres.
(4)
The normal moving of the earth for the Department of Public Works maintenance activities.
C.
Form of application. Written application for a zoning permit for land operations shall be made in accord with § 265-138. It shall also include submissions and information as detailed in the following:
(1)
Initial submission.
(a)
The application shall include a plot plan identifying any site involved, with official street address, property dimensions and designation of Deed Book volume and page. Such plan shall also show existing and proposed buildings, except for single-family residential subdivisions and other structures and adjacent streets and public or private property.
(b)
Plans or statements clearly describing the nature and extent of the operations and computations of quantities of grading shall be included, so that necessary fees can be determined. All plan drawings shall be to scale, and no prints larger than 30 by 42 inches in size, on original reproducible, and one copy shall be submitted. Major excavations shall submit an additional four copies.
(2)
Subsequent submission. Additional information which the City of Greensburg may determine is necessary to evaluate the proposal shall be submitted if not included in the initial submission. This information may include but shall not be limited to the following:
(a)
General plans showing the plan of work, cross sections, present and proposed contours, description of any coal workings (known or which, after reasonable examination, can be ascertained), location of utilities, sewers and drains, details or surface protection, walls, cribbing and other structures on the site.
(b)
Specifications which shall set forth details of the work, such as materials, methods, procedures, insurance and estimated dates for starting and completing the work.
(c)
Calculations by a registered professional engineer showing the safety of any existing or proposed earth retaining structures and the design pressures for these structures.
(d)
A subsurface investigation and evaluation of a registered professional engineer qualified in soils engineering, including test borings, test pits and on-site visual evaluation.
(e)
Where a fill is involved, the following additional information may be necessary:
[1]
A plan showing proposed preparation of natural ground surface by benching and by removal of topsoil, vegetation and other materials.
[2]
A description of surface and subsurface drainage control.
[3]
Results of stability analysis.
[4]
A description of the kind of material to be used in fill.
[5]
A description of intended moisture density control of fill.
[6]
A description of the method of compacting fill and thickness of layers to be used in such compacting.
[7]
A description of control tests to be made prior to and during the process of filling and the names of persons or agencies responsible for making the tests.
(f)
An erosion and sedimentation control plan in conformance with applicable regulations.
(3)
Character of required data.
(a)
Drawings. All plans, other than plot plans, calculations and grading specifications, shall be prepared to scale in approved size by a registered professional engineer or a registered landscape architect or a registered surveyor and shall be submitted with his seal.
(b)
Soil analysis. Unless otherwise approved by the city, any analysis and design pertaining to soil engineering or any required soil test shall be made under the direction of a registered professional engineer practicing in that field of expertise.
(4)
Amendments to application. Subject to the limitations of § 265-189, modifications after original permit issuance, amendments to the plan, application or other records accompanying the same may be filed at any time before completion of the work for which permit is sought or issued. Any such amendments shall be deemed part of the original application and shall be filed therewith.
(5)
ime limitation of application. An application for a zoning permit for land operations for any proposed work shall be deemed to have been abandoned six months after date of filing, unless such application has been diligently prosecuted or a permit shall have been issued, except that, for reasonable cause, the Planning Director may grant one extension of time for an additional period not to exceed 90 days.
§ 265-192 Permit action, suspension, revocation and posting.
[Amended 9-14-2015 by Ord. No. 2057; 9-14-2015 by Ord. No. 2057; 11-9-2020 by Ord. No. 2113]
A.
Action on application. Planning and Development shall examine or cause to be examined all applications for zoning permits for land operations and amendments thereto within a reasonable period of time, not to exceed 60 days, after filing. If so determined, upon review and recommendation by the consulting engineer, that the proposed work conforms to the requirements of this chapter and all laws and ordinances applicable thereto, a permit therefor shall be issued as soon as practicable. If the application or the plans do not conform to the requirements of all pertinent laws, Planning and Development shall reject such application, in writing, stating the reasons for rejection.
B.
Posting of permit. A true copy of the zoning permit issued by Planning and Development shall be displayed and maintained in a conspicuous place at the land operation site, plainly visible to the general public from adjacent streets, and kept there for the duration of the operation. In cases of transporting operation where a permit is not otherwise required in connection with an on-site land operation, the true copy of the permit issued shall be kept at each origin or destination site of the operation within the city, and each vehicle shall carry a replica of the permit for identification.
§ 265-193 Conditions for issuance of a zoning permit for land operations.
[Amended 11-9-2020 by Ord. No. 2113]
A.
Payment of fees. A permit shall not be issued until the fees described in § 265-196 have been paid.
B.
Bonds and certificate of insurance. A permit shall not be issued until the bonds and certificate of insurance described in § 265-197 have been provided and approved by the Director of Finance and the City Solicitor.
C.
Compliance with permit and plans. All work shall conform to the approved application and plans for which permits have been issued and any approved amendments thereto.
D.
Prescribed conditions. In the interest of public health, welfare and safety, additional items may be appended to, stated on and made a condition of the work permitted. These conditions may include but shall not be limited to:
(1)
A reasonable time limit for completion of the work.
(2)
Limitations upon the hours of the day, days of the week for performance of the work covered by the permit and/or travel on public streets.
(3)
Construction of additional drainage facilities, berms, terracing or cribbing.
(4)
Tests of soil or other material used or involved in the operation, the results of which shall be made available as soon as possible to the city.
(5)
Restrictions upon the size, type and number of pieces of equipment to be used, including trucks on public streets or thoroughfares.
(6)
Planting of appropriate ground cover on slopes to provide retention of soil and to control erosion.
(7)
On-site supervision of the work by a registered consulting engineer or his representative when the work involves grading of a site where the average existing ground slope exceeds 20% or a slope ratio greater than five to one. A written daily log of the grading activity must be maintained by the engineer and submitted to the city upon request.
(8)
Immediate removal of debris deposited on public streets or thoroughfares or adjacent property as a result of this work.
(9)
Compliance with applicable health and safety measures, including but not limited to adequate warning signs, traffic control, sanitary measures, environmental measures and applicable law.
E.
Additional safety precautions. If at any time the city determines by inspection that the nature of the operation is such that further work as authorized by an existing permit is likely to endanger any property, person or public way, the consulting engineer may require, as a condition of allowing further work to be done, reasonable safety precautions be taken as the consulting engineer considers advisable to reduce such likelihood of danger. Such safety precautions may include but shall not be limited to specifying a flatter exposed slope or construction of additional drainage facilities, berms, terraces, compaction or cribbing. Implementation of these measures shall in no way relieve the permit holder of liability resulting from the operation.
F.
Council actions. A permit shall not be issued for any land operation involved in any conditional use or activity controlled by the Zoning or Subdivision/Land Development Ordinance, as may be in force at the time, until such time as said conditional use or activity has received the requisite. Council then reserves the right to amend, modify or add to or delete the conditions or standards to be imposed at the time of approval pertinent to the zoning or subdivision/land development approval, and these conditions or standards shall become part of the conditions of the permit issued under this chapter.
§ 265-194 Certificate of completion.
[Amended 9-14-2015 by Ord. No. 2057]
A.
Certification. Upon completion of the operation for which a permit has been obtained, the owner shall certify, in writing, to Planning and Development that the operation has been completed in compliance with the provisions of this chapter and the zoning permit issued pursuant thereto.
[Amended 11-9-2020 by Ord. No. 2113]
B.
Review. Upon receipt of notification by the owner as stated above, Planning and Development and/or consulting engineer shall forward within 10 days a request for comment and final review of the permit and work performed thereunder to the appropriate agencies, including but not limited to the Director of Finance, consulting engineer, Director of Public Works, the Soil Conservation District, any utility or authority affected by the operation and any party who has gone on record as an interested party affected by the operation. Said agencies/parties shall review and reply, in writing, to Planning and Development within 20 days after notice on whether or not the provisions of the permit have been complied with as it affects their jurisdiction.
C.
Issuance. If the city, after the above review, is satisfied that the work authorized by the permit has been satisfactorily completed in accordance with the requirements of this article and the permit issued hereunder, Planning and Development shall issue a completion certificate covering such work to the applicant. A separate certificate shall be issued for each permit.
D.
Nonissuance. If the review in Subsection B yields information that the work has not been completed in compliance with the provisions of this chapter, the applicant will be denied the certificate of completion and ordered to abate the violation by Planning and Development in accordance with the enforcement provisions of this article.
§ 265-195 Special measures; compliance.
[Amended 9-14-2015 by Ord. No. 2057]
Whenever the city determines that any land operations existing on the effective date of this chapter or subsequent thereto (either in process or completed, and whether or not a permit is required under this article) has, from any cause, become a hazard to life or property or affects the safety, use or stability of a public street or way or otherwise constitutes a public nuisance, the owner of the property upon which such operation is located, or other person or agent in control of said property, upon receipt of notice, in writing, from the City Clerk shall, within 30 days of the date of the notice or as directed in emergency situations, comply with such requirements of this chapter as the city may direct or take such other action ordered by the city to eliminate the hazard or nuisance or other danger to the public street or way. Where compliance with the order of the city may not be possible within such period and where public safety will be adversely affected, the City Clerk may authorize Planning and Development to grant an extension of time for a specified period for compliance.
§ 265-196 Fees.
A.
Permit. In addition to any fees payable under any ordinance a permit fee shall be paid pursuant to this chapter based upon quantity of material handled or land area involved for each job site, even though the same material may be handled in more than one type of operation. The amount of fee shall be in accordance with the following table:
(1)
Land reclamation project: $500 per year or fraction thereof.
(2)
Transportation of material over city streets when not involving a site: $100 per truck per year or fraction thereof.
(3)
(4)
Permit modified: zero dollars.
B.
Extraordinary costs. When, in the course of enforcing or complying with the provisions of this chapter, any costs are incurred by the city for inspection or testing beyond that normally anticipated and reasonable as indicated in § 265-190C, the applicant shall be invoiced for the same and shall render said amount within 30 days.
§ 265-197 Bonds and insurance.
A.
Performance bond. This bond is intended to ensure that the applicant carries out and finishes the indicated and approved work. Failure to finish, landscape or restore the land shall be prevented by use of this bond by the city to mitigate any hazard to the public's interest and safety left by the applicant. Hazards to be mitigated shall include but not to be limited to avoidance of erosion; unnatural contours, such as spoil piles, unstable cuts or embankments; and insufficient drainage measures. This bond also may be known as a "restoration bond." Except where clearly demonstrated by the applicant to the satisfaction of the City Clerk that the operation if left incomplete will not create a hazard to human life or endanger adjoining property or property at a higher or lower level or any street improvement or any other public property, the applicant shall file with the city prior to the issuance of the land operations permit a performance bond for the benefit of the city, as in the application for a land reclamation project. The City Clerk may recognize that the special nature and extent of such operation, the self-imposed protective methods and devices and the provisions of other applicable regulatory laws may warrant different consideration and may take this into account when reviewing the performance bond needs for a land reclamation project. State or federal agencies shall be exempted from the requirement of filing a bond unless the city finds that a bond is required for adequate protection of the public.
[Amended 9-14-2015 by Ord. No. 2057]
(1)
Execution. All bonds shall be executed by the owner of the property where the work is to be undertaken and by a corporate surety insurer authorized to do business in this commonwealth as surety, or, in lieu thereof, the bond shall be in writing, accompanied by a deposit in the amount of the bond or other surety, approved and acceptable to the Director of Finance and the City Solicitor.
(2)
Conditions. Every bond shall be conditioned upon compliance with all the provisions of this chapter and all other applicable laws and ordinances, compliance with the terms and conditions of the permit and completion of all work contemplated under the permit within the time limit specified in the permit. Planning and Development may, for sufficient cause, extend the time limit specified in the permit, but no such extension shall release the surety upon the bond.
(3)
Term. The term of each bond shall begin upon the date of filing and shall remain in effect until the date of the issuance of the completion certificate by the inspector. At said time for release of bond and at issuance of the completion certificate, the permit holder and/or owner shall provide a notorized statement and/or guarantee that all vegetation, as shown on the approved plans and placed, shall be immediately replaced for a period of one year growing season, including one winter.
(4)
Coverage for completion of work and compliance with permit. In the event of failure to complete the work or comply with all the terms and conditions of the permit, the city may order the work or part thereof to be completed as required by the permit. The surety executing such bond or the person giving such deposit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the city in causing any and all such required work to be done, and the surety or the depositor shall be considered to assent to any lawful extensions of time within which to construct and complete the work.
(5)
Amount. The amount of bond shall be based in part upon the cost of handling the quantity of material and in part upon the additional amount equal to the cost of all construction work, drainage (both surface and subsurface) or other protective devices, removal or replacement of trees or other natural ground cover which may be required. The amount of the bond shall equal 50% of the sum of the two parts, as established by the applicant via presentation of valid contracts or agreements or as established by the consulting engineer utilizing the most current standard construction cost indexes.
(6)
Proportionate reduction as work is completed. When a substantial portion of the required work has been completed to the satisfaction of Planning and Development and/or consulting engineer and if the completion of the remaining work is delayed due to conditions beyond the control of the owner or the contractor, and no adverse effects to the public's interest or safety are shown, Planning and Development and/or consulting engineer may, at his discretion, accept the completed portion of the work and consent to an appropriate reduction of the bond to an amount estimated to be adequate by the consulting engineer and Director of Finance to ensure completion of the work remaining to be performed. In no case shall the reduction be greater than an amount equal to 50% of the original bond. Said bond reductions will only occur on affirmative approval of the Council.
[Amended 9-14-2015 by Ord. No. 2057]
(7)
Insurance. The applicant shall furnish to the city, together with the application for a permit, a certificate showing standard form public liability insurance against claims for damages for personal injury, as well as claims for property damage, including damage to the city streets or other public improvements, by blowing, drifting, washing, sliding, flowing subsurface water or otherwise depositing of matter which may arise from or out of performance of the work, whether such performance is by himself, his contractor or subcontractor or any person directly or indirectly employed by him. Said insurance shall include protection against liability arising from completed operations. Said insurance shall be written by a legally chartered company and approved by the city and shall insure the city, its officers, agents and employees against any loss or liability which may arise during the performance of or which may result from any work herein required to be performed. The amounts of such insurance shall be as follows:
(a)
Public liability insurance in an amount not less than $1,000,000 for injuries, including wrongful death to any one person, and subject to the same limit for each person, in an amount not less than $2,000,000, on account of one accident.
(b)
Property damage insurance in an amount not less than $1,000,000 for damages on account of any one accident and in an amount not less than $2,000,000 for damage on account of all accidents.
(c)
Excess insurance coverage on the above shall be required for all operations in excess of 2,500 cubic yards or more than 1.5 acre involvement in an amount not less than $1,000,000.
§ 265-198 Enforcement; violations and penalties.
A.
Notice of violation. The consulting engineer and/or Planning and Development shall serve a notice of violation order, by hand delivery or certified mail, on the person responsible for any land operation in violation of the provisions of this article or in violation of a permit or certificate issued under the provisions of this article, and such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
[Amended 9-14-2015 by Ord. No. 2057]
B.
Prosecution of the violation. If the notice of violation is not complied with promptly, Planning and Development and/or consulting engineer shall notify the Mayor, who shall request the legal counsel of the city to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation or to require the removal or termination of the unlawful action in violation of the provisions of this article or of the order or direction made pursuant hereto.
[Amended 9-14-2015 by Ord. No. 2057]
C.
Penalty. Any person, firm or corporation violating any of the provisions of this article shall, upon conviction in a summary proceeding thereof before any District Justice of the city, be subject to a fine of not less than $100 and not exceeding $500 and costs for any one offense, and, in default of payment of said fine and costs, shall be subject to imprisonment in the county jail or workhouse for a period not exceeding 90 days, or both. Each day's violation shall constitute a separate offense. In the case of firms or associations, the penalty may be imposed on the partners or members thereof and, in the case of a corporation, upon the officers thereof.
D.
Abatement of the violation. The imposition of penalties herein prescribed shall not preclude the Mayor from instituting appropriate action to prevent unlawful land operations or to restrain, correct or abate a violation or to stop an illegal act or conduct of business or use in or about any premises.
E.
Stop-work order.
(1)
Notice. Upon notice from Planning and Development and/or consulting engineer that work on any zoning permit for land operations is being prosecuted contrary to the provisions of this chapter, or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop-work order shall be in writing and shall be given to the owner, the permit holder, the owner's agent or the person doing the work and shall state the conditions under which work may be resumed. The site or premises shall also be posted with a stop-work order.
[Amended 9-14-2015 by Ord. No. 2057; 11-9-2020 by Ord. No. 2113]
(2)
Unlawful continuance. Any person who shall remove the posted stop-work order or who shall continue any work on or about the site or premises after having been served with a stop-work order, except such work as he is directed to perform to remove a violation or unsafe condition, shall be considered in violation of the provisions of this chapter and proceeded against accordingly.
§ 265-199 (Reserved) [1]
[1]
Editor's Note: Former § 265-199, Appeals, as amended, was repealed 11-9-2020 by Ord. No. 2113.
§ 265-200 Specific standards; transportation of materials; land reclamation.
A.
Scope. The following standards shall apply for land operations and activities as set forth in this article, whether a permit is required or not required. Additionally, those standards or requirements established in the Zoning, Subdivision/Land Development and Construction Standards Ordinances, as may be in effect at the time, shall apply to any work performed pursuant to a permit as required herein.
B.
Grading standards.
(1)
Clearing and grubbing.
(a)
Description. This work shall consist of the removal of all objectionable material, rubbish, junk, trees, stumps, brush, major root systems, downed timber, rotten wood and any vegetation within the grading limits. The work shall also include the disposal of the spoils in a satisfactory manner.
(b)
Construction requirements. Grading operations shall not be started in any area until the clearing and grubbing operations have been completed, except that stumps may be removed in excavation areas during the grading operations.
[1]
Within areas where excavation is to be made, the area shall be cleared and grubbed. All stumps and major root mats shall be removed to a depth of not less than two feet below the finished grade or the subgrade of any area to be paved.
[2]
Within areas where an embankment five feet or more in depth is to be made, the area shall be cleared and grubbed and stumps cut off as close to the ground as is practical but not to exceed six inches above the ground surface. Stumps shall not extend above the ground surface near the toe of the embankment.
[3]
Where the embankment is less than five feet in depth, the area shall be cleared and grubbed to a depth of eight inches below the existing ground surface for all areas beneath the embankment or any stumps within 20 feet of the edge of any proposed pavements. Beyond 20 feet, no stumps shall extend above the existing ground surface.
(2)
Excavation requirements.
(a)
Finished slope. The finished slope, or cut face, shall be rounded at the top and shall not be steeper than two horizontal to one vertical in soil and 1 1/2 to one in shale or rock, except under one or more of the following conditions:
[1]
The excavation is located so that a line having a slope of two 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]
A written statement is provided bearing the signature and seal of a registered professional engineer experienced in soils engineering, certifying that he has inspected the site and that the material in which the excavation is made is sufficiently stable to sustain a slope steeper than the requirements above. The statement must further certify that said steeper slope will not endanger any property or result in property damage. The statement must be submitted with the application.
[3]
A retaining wall or other approved support designed by a registered professional engineer is provided to support the face of the excavation. Planning and Development may, upon recommendation of the consulting engineer, require an excavation to be made with a cut face flatter in slope than two horizontal to one vertical if the soil analysis has indicated unstable soils or if field conditions indicate the material in which the excavation is to be made is unusually subject to erosion or if other conditions exist, under applicable engineering practice, to make such flatter cut slope necessary for stability and safety. Additionally, in residential areas, it is to be encouraged that flatter slopes than provided herein be constructed.
[Amended 9-14-2015 by Ord. No. 2057]
(b)
Trench excavation. Where trench excavation is required for the installation of underground facilities, the steepness of the cut face excavation shall conform with good engineering practice. The work shall include such trench bracing, sheathing or shoring necessary to perform and protect the excavation as required for safety and conformance to governing laws.
(c)
Excavation adjacent to footings, foundations or structures. 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 the same unless such footing, foundation or structure is first properly underpinned or protected against settlement.
(3)
Embankment requirements.
(a)
Materials. Materials for embankment construction may consist of soil, granular material, shale, rock or random material, such as old concrete and brick. Soil and granular materials shall be readily placed and compacted in loose, eight-inch layers; other permitted materials shall be readily placed and compacted in lifts or material size not exceeding 24 inches. The material shall be reasonably free of organic material, topsoil, coal or coal blossom and any other material considered unsuitable by the consulting engineer. The material shall not be placed when frozen and shall have a moisture content which shall ensure satisfactory compaction.
(b)
Preparation of foundation area.
[1]
The embankment foundation area shall be cleared and grubbed in accordance with Subsection B(1) of this section. The topsoil shall be removed and disposed of or stockpiled for later use. Areas containing material that is excessively wet or compressible shall be undercut.
[2]
Foundation areas that have an existing ground slope steeper than five horizontal to one vertical shall be benched and, if necessary, subsurface drainage provided in a manner designed by a registered professional engineer and approved by the consulting engineer.
(c)
Placement and compaction. The embankment shall be constructed in a manner that complies with the requirements of the Commonwealth of Pennsylvania Department of Transportation as described in Publication No. 408, or as approved by the consulting engineer.
(4)
Drainage.
(a)
Accommodation of surface and subsurface water. Sufficient drainage shall be provided to accommodation surface and subsurface water during any grading operation and after its completion in order to prevent additional water from flowing onto adjacent property or from unduly increasing the load on sewage or drainage facilities. Facilities in the form pipe, pervious granular layers, buried granular trenches, etc., shall be provided to control subsurface drainage, groundwater flow or pore water pressures as needed to assure stability.
(b)
Preservation of natural drainways. Any operation that will change the course, width or elevation of any natural or other drainageway channel in such a manner as to obstruct, interfere with or change the drainage of such land shall be compensated for by an alternate capable of carrying runoff or seeping water to a satisfactory disposal.
(c)
Protection of slope faces. Adequate provision shall be made to prevent any storm or surface water from damaging the cut face of any excavation or the sloping face of any fill. When necessary for protection of critical areas during construction, diversion ditches or terraces shall be provided,
(d)
Design of drainage facilities. Drainage facilities shall be of such design as to carry storm and surface waters to the nearest street storm drain or natural watercourse approved by the inspector as a safe place to deposit and receive such waters.
(e)
Protection during construction. Suitable areas shall be utilized for spreading and desilting stormwater. Protective vegetation shall be maintained on draingageways serving as temporary outlets for stormwater during construction and until storm sewers have been completed. Whenever necessary, sediment basins (debris basins, desilting basins or silt traps) shall be installed and maintained during construction.
(f)
Subdrainage facilities. Adequate subdrainage shall be provided in connection with any fill to avoid the development of hydrostatic pressures.
(5)
Protection of adjacent property and utilities.
(a)
Prevention of slides and washed. Materials shall not be permitted to roll, slide, flow or wash onto adjacent private or public property, and, where necessary, walls or benching shall be utilized to comply with this requirement.
(b)
Horizontal distance of excavation or fill slope from property or easement line. The horizontal distance from either the toe or top of the excavation or fill slope line shall be five feet or 1/2 of the vertical height of the fill or excavation from any adjoining property or easement line, whichever is greater, but such distance need not exceed 10 feet. The consulting engineer shall advise Planning and Development, who shall have the authority to modify this requirement in instances where it is demonstrated that such modification is needed to secure desirable interrelationships between properties and will not result in a condition detrimental to the adjacent property.
[Amended 9-14-2015 by Ord. No. 2057]
(c)
Support and protection of public utilities and public streets. Adequate methods shall be employed to provide proper protection from damage resulting from the operation for all public and private utilities, whether on the surface, beneath the ground surface or overhead, and, when necessary, for the repair, replacement or relocation of such utilities. The surface and other facilities of public streets shall be fully restored by the holder of the permit in the event of such damage. The owner shall correct any damage to the utility before the city issues the completion certificate.
(d)
Fencing. Should the nature of land operation, in the opinion of the inspector, create a hazard to persons or property unless adequately fenced, the owner shall construct such fences or guardrails as safeguards to persons using adjoining property (public or private).
(6)
Erosion and sediment control. The requirements and guidelines of the Erosion and Sediment Control Handbook of Westmoreland County shall be implemented, including any necessary permits. A copy of this document is on file in the Westmoreland County Conservation District Office. In addition, the following also shall apply:
(a)
Scheduling of areas to be stripped. Areas to be stripped of natural cover at any one time shall be necessary for reasonable operational schedules, which schedules delineating those areas shall be submitted with the application.
(b)
Interim protective vegetation. Protective vegetation and/or mulching or artificial cover shall be established on all areas where soil is to be exposed for more than 20 days, including topsoil stockpiles and borrow pits, excluding rights-of-way for cartway or utility line development or the vehicle paths for ingress, egress and regress on the site.
(c)
Preservation of natural features. In order to prevent the denuding of the landscape, wherever practical, large trees and other natural features which constitute physical, aesthetic and economic assets to the community shall be preserved and shall be protected during groundmoving operations, except where they would intrude into or beneath pavement, shoulders or swales or where sight distance requirements dictate.
(d)
Final ground cover. Permanent final vegetation or other ground cover shall be installed as soon as practical in the development. Upon completion of the operation, the entire site shall be ground covered and provided with drainage facilities so as to avoid excessive erosion, sedimentation and storm runoff. The city may require this work to be done in accord with specifications of a registered landscape architect, an experienced nurseryman or other person qualified in this field.
(7)
Retaining walls.
(a)
If a retaining wall is constructed to satisfy a requirement of this article, a building permit as provided for by other City regulations shall not be required. The zoning permit for land operations will apply to the retaining wall, and the requirements for inspection, etc., as stated herein, will govern. Other construction within the site beyond the scope of this article involving the construction of a retaining wall must comply with the requirements of Chapter 114, Building Construction, or other ordinances that may be in effect at that time.
[Amended 11-9-2020 by Ord. No. 2113]
(b)
Retaining walls must be constructed in accordance with sound engineering practice. The plans submitted for approval shall bear the seal of a professional engineer.
(c)
The backfilling of retaining walls and the insertion of subterranean drainage facilities shall be done strictly in accordance with the provisions of this article and the appropriate city specifications.
(d)
In general, where a wall is replacing an exposed slope, the vertical face of the wall shall be three feet zero inches back from the adjoining property, except as follows:
[Amended 11-9-2020 by Ord. No. 2113]
[1]
A variance to this requirement may be applied for and granted by the Zoning Hearing Board if it can be satisfactorily demonstrated that such a variance is necessary to ensure normal use of the property, i.e., for a sideline driveway.
[2]
The requirement of this subsection may also be waived by Planning and Development when the proposed retaining wall is a joint venture between adjacent property owners and appropriate documents so stating are filed with the application for a permit.
C.
Transportation of materials.
(1)
Approval of City of Greensburg. The proposed use of streets or thoroughfares for the transportation of material in excess of the provisions of § 265-191 for disposal or fill purposes shall have the approval of the city. The bonding and insurance requirements in § 265-197 of this article shall apply.
(2)
Size and type of vehicles and hours of operation. The size and type of vehicles and the hours of operation shall be as approved by Planning and Development and/or consulting engineer upon recommendation of the consulting engineer and Director of Public Works, as related to the posted load limits of streets to be used and traffic volumes thereon.
[Amended 9-14-2015 by Ord. No. 2057]
(3)
Wheel and truck cleaners. Wheel and truck cleaners shall be required as necessary on site at any transport origin and destination point within the city. All vehicles shall be scraped and cleaned before leaving the site.
(4)
Protection of property during transportation. The transporter shall take reasonable measures, including but not limited to wetting down or other treatment before leaving the site, to ensure that during transit no material being transported shall blow or spill over the public or private property.
(5)
Street cleaning. In the event that earth, dust, powder, mud, sludge or any other debris from the operation involved in the permit accumulates in or on any street, catch basin or sewer line, the transporter shall remove the same immediately upon notification by the city.
D.
Land reclamation project.
(1)
Application.
(a)
An owner or lessee holding a lease, the unexpired term of which is more than five years from the date of filing of the application, may, in filing for a required zoning permit for land operations, choose to undertake or conduct a land reclamation project, as defined by this chapter. In such instance, the application shall contain such additional information as may be deemed necessary by the City to describe properly the nature and extent of the operation and the program.
[Amended 11-9-2020 by Ord. No. 2113]
(b)
Other requirements of this article shall apply, but the city recognizes that the special nature and scope of the operation, any self-imposed protective methods and devices and the provisions of other applicable regulatory laws may warrant different considerations and shall take this into account when applying the standards and when waiving submission of data under § 265-191.
(2)
Operational requirements.
(a)
In addition to complying with other applicable requirements of this chapter or any other ordinance, the operation shall be conducted in such a manner as to provide reasonable protection to surrounding properties and uses against detriment from emission odor, dust, smoke, noise, gas fumes, cinders, vibration, refuse matter, water-carried waste and the like.
(b)
In connection with the proposed operations, the city may require the installation, operation and maintenance of such methods and devices as may, in its opinion, be reasonably required to prevent or reduce such emission and may impose such conditions regarding the extent of open space between any portions of the proposed operation involving such emissions as will tend to prevent or reduce injury to surrounding property and neighborhood which might result from the proposed operation.
(c)
The City of Greensburg may also limit the extent and hours of any operation, depending upon the specific site of such operation and its relation to surrounding properties and structures. This limit shall be imposed so as to provide a reasonable degree of protection. The city may prohibit such operation at a particular location if, on review and recommendation of the consulting engineer, it would be unsafe or dangerous to surrounding properties.
(d)
Undrained pools resulting from surface drainage shall be sprayed in accordance with specifications of local public health authorities to eliminate breeding places for mosquitoes and other insects.
(e)
Off-street parking areas adequate for all employees' vehicles and trucks shall be provided.
(3)
Development program. The application shall include a program and illustrative plan for development of the subject property which shall consist of two phases: the exploitation phase and the reuse phase, as well as an annual stage development schedule.
(a)
Exploitation phase.
[1]
The plan for the exploitation phase shall show the proposed development as planned in relation to all properties within 300 feet of the boundaries of the lot involved. The plan shall include topographic and geological surveys and other materials indicating existing conditions, including topography, drainage and soils, which shall exist at the end of the exploitation phase. Contour intervals, based on United States Geological Survey datum, shall be five feet in areas where the gradient is greater than 10% and two feet in areas where the gradient is 10% or less.
[2]
The program for the exploitation phase shall demonstrate the feasibility of the operation without creating a hazard or causing damage to other properties. This program shall also indicate the different stages of exploitation, where and how traffic on and from the development will be handled, where equipment will be operating, the location and dimensions of structures and the manner in which safeguards will be provided, including those for preventing access by children and other unauthorized persons to dangerous areas. The final stage of the program shall indicate how the project is to be finished in accord with the plan for reuse.
(b)
Reuse phase. The program for the reuse phase shall indicate how the property is to be left in a form suitable for reuse for purposes permissible in the zoning district in which it is located so as to relate such reuses to uses existing, proposed or intended for surrounding properties. Among items to be included in such program are proposed circulation patterns in and around the site, the treatment of exposed soil or subsoil, including measures to be taken to replace topsoil or establish vegetation in worked-over areas in order to make the property suitable for reuse and treatment of slopes to prevent erosion.
(c)
Annual stage development schedule. The applicant shall submit an initial schedule delineating the scope and extent of the operation, the estimated time for completion and the portion to be accomplished during the first year of the program, and, annually thereafter, the applicant shall submit such a schedule projecting the intended accomplishment for at least one year ahead. Any change in schedule for foreseeable or anticipated delays shall be reported promptly to the inspector, with reasons therefor, and a proper adjustment in plans shall be made. Unforeseeable delays or departures from the schedule shall be justified to the satisfaction of the city. Major departures from the schedule shall be considered as changes in plans and shall render the entire application subject to review and approval by the Council.
(4)
Permits and certificates of completion. Zoning permits and certificates of completion shall be issued in accord with the provisions of § 265-191 through § 265-194, except that an annual permit fee shall be required, as provided for in § 265-196 hereof.
[Amended 11-9-2020 by Ord. No. 2113[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection D(4), Referral to Planning Commission, and redesignated former Subsection D(5) as Subsection D(4).
§ 265-201 Conflict with other provisions.
This chapter shall be construed as being in addition to the provisions of any other regulatory ordinance. If any regulations herein are in conflict with any other regulatory ordinance, the provisions establishing the more restrictive requirements shall apply.
§ 265-202 Environmental impact statement.
An environmental impact statement is required before beginning any applicable work under the provisions of this article.