§ 153.056 EXCAVATION AND GRADING.
   Where any excavation or grading is proposed or where any existing trees, shrubs, or other vegetative cover will be removed, the developer shall consult the County Conservation District representative concerning plans for erosion and sediment control and to also obtain a report on the soil characteristics of the site so that a determination can be made as to the type and degree of development the site may accommodate. Before undertaking any excavation or grading, the developer shall obtain a grading and excavation permit.
   (A)   Blocks and lots shall be graded to provide proper drainage away from buildings and to prevent the collection of storm water in pools. Minimum 2% slopes away from structures shall be required.
   (B)   Lot grading shall be of such design as to carry surface waters to the nearest practical street, storm drain, or natural watercourse. Where drainage swales are used to deliver surface waters away from buildings, their grade shall not be less than 1% nor more than 4%. The swales shall be sodded, planted, or lined as required. A grading and draining plan shall be required for all subdivisions and land developments, except minor subdivisions.
   (C)   No final grading shall be permitted with a cut face steeper in slope than two horizontal to one vertical except under one or more of the following conditions.
      (1)   The material in which the excavation is made is sufficiently stable to sustain a slope of steeper than two horizontal to one vertical, and a written statement of a civil engineer, licensed by the commonwealth and experienced in erosion control, to that effect is submitted to the Borough Engineer and approved by him or her. The statement shall state that the site has been inspected and that the deviation from the slope specified hereinbefore will not result in injury to persons or damage to property.
      (2)   A concrete or stone masonry wall constructed according to sound engineering standards for which plans are submitted to the Borough Engineer for review and approval is provided.
   (D)   No final grading shall be permitted which creates any exposed surface steeper in slope than two horizontal to one vertical except under one or more of the following conditions:
      (1)   The fill is located so that settlement, sliding, or erosion will not result in property damage or be hazardous to adjoining property, streets, avenues, or buildings;
      (2)   A written statement from a civil engineer, licensed by the commonwealth and experienced in erosion control, certifying that he or she has inspected the site and that the proposed deviation from the slope specified above will not endanger any property or result in property damage, is submitted to and approved by the Borough Engineer; and/or
      (3)   A wall is constructed to support the face of the fill.
   (E)   The top or bottom edge of slopes shall be a minimum of three feet from property or right-of-way lines of street or avenues in order to permit the normal rounding of the edge without encroaching on the abutting property. All property lines, where walls or slopes are steeper than one horizontal to one vertical and five feet or more in height shall be protected by a protective fence no less than three feet in height approved by the Borough Engineer.
   (F)   All lots must be kept free of any debris or nuisances whatsoever.
(Prior Code, Ch. 22, Pt. 5, § 507) (Ord. 2-2001, passed 7-2-2001)