§ 22-505. Topsoil Protection and Finished Grading.

1. 

The top six inches of soil that existed naturally on the site prior to land development shall be stockpiled on the site.

2. 

Following construction, the stockpiled soil shall be redistributed uniformly on the site to a minimum depth of six inches.

3. 

All disturbed areas, excluding the stockpile soil, of the site shall be stabilized and protected against erosion in compliance with the Pennsylvania Erosion and Sediment Pollution Control Program Manual.

4. 

Any topsoil in excess of the six inches' depth that existed prior to subdivision or land development may be stockpiled separately for other uses by the applicant. Topsoil may be removed from the site only upon issuance of a permit by the Municipal Council to ensure that sufficient topsoil will remain on the site and in the municipality. Soil shall not be removed from the municipality.

5. 

Grading. All permanent and temporary cutting, filling, grading, regrading, and/or other forms of earthmoving activities shall be known as "grading" and shall be conducted only in compliance with the standards as described below.

A. 

The finished grading for a street or cul-de-sac shall extend across all disturbed soils, including the street and beyond. The maximum slope between the right-of-way line and the top of the curb, or edge of the cartway if there is no curb, shall be one inch per foot, except that sidewalk paving shall slope 1/4 inch per foot as a maximum, unless otherwise directed by the Borough Council.

B. 

All grading shall be set back from property lines at least three feet, or a sufficient distance, to prevent any adverse effects on adjacent properties.

C. 

No permanent excavation shall be made with a cut face steeper in slope than three horizontal to one vertical.

D. 

There shall be a flattening area for a minimum distance of 10 feet from any door of a residential dwelling unit to the bottom or top of any steep slope. The maximum slope for grading around residential dwelling units shall be 3:1. Where the steep slope extends more than 12 feet in elevation from top to bottom, there shall be a break consisting of a level area placed at midpoint in the slope no less than six feet wide.

E. 

Wherever grading will increase the volume or velocity of stormwater flow toward a property line, the applicant shall install and maintain drainage facilities sufficient to prevent adverse effects on the adjoining property. The construction and operation of these drainage facilities shall not cause any adverse effects on abutting properties.

F. 

Along property lines, where grading creates an abrupt drop off from the abutting property, in contrast to a previously existing gradual change, the applicant shall be required to install a fence or other suitable protective barrier.

G. 

Retaining walls over four feet high in a residential area may be required to have such safety features as the Planning Commission and/or Council deem necessary, required by the UCC.

H. 

A permit shall be required for grading operations. Permits shall be issued by Phoenixville upon recommendation of the Borough Engineer for each tract, lot, parcel, or site which comprises a separate operation, unrelated to or not contiguous with nearby grading proposed or performed by the applicant. A permit shall not be required in the following situations, however:

(1) 

For an excavation that does not exceed 20 cubic yards of total material removed.

(2) 

For a fill that does not exceed 20 cubic yards of material deposited.

(3) 

For an excavation below finished grade for basements and footings for a single-family detached or two-family dwelling, swimming pool, or underground structure authorized by building permits, excavation for a driveway for a single-family detached or two-family dwelling, or the regrading of such excavated materials into the site from which they were excavated.

(4) 

The issuance of the permit is conditioned upon adherence to the Borough's Stormwater Management Ordinance.

Editor's Note: See Ch. 23, Stormwater Management.

Ord. 2016-2267, 10/11/2016