[HISTORY: Adopted by the Board of Commissioners
of the Township of Lower Allen 6-10-1985 (Art. 902 of the 1985 Code of Ordinances). Amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The Code Official of Lower Allen Township or other person
designated by the Board of Commissioners to perform the function of
Code Official as herein provided.
Any person engaging in the business or act of excavating
or filling.
The butting, grading, digging or removal of earth or natural
materials in such manner as to change the natural or existing terrain.
The placing, carrying or depositing of earth or natural materials
in such manner as to change the natural or existing terrain.
A plan showing the existing contours at two-foot intervals
of the area involved and the proposed final contours for grade.
Any person who owns land, or any interest therein, sufficient
to permit excavation or fill thereon.
Any natural person, partnership, association or corporation.
It shall be unlawful for any person to make,
cause or permit to be made any excavation or fill in the Township
except in accordance with a permit issued as specified herein; provided,
however, that no permit shall be required to fill or excavate:
A.Â
By the federal government, the Commonwealth of Pennsylvania
or any political subdivision thereof.
B.Â
Where less than 10 cubic yards of earth or material
are moved and no drainage is involved.
C.Â
Where excavation or fill for a building site is being
done for the purpose of immediate construction of a building or improvement
thereon for which a building permit has been issued or excavation
or fill accomplished under an approved subdivision or development
plan for which a building permit has been issued, if, in the opinion
of the Code Official evidenced, in writing on such building permit,
no hazard to property rights of the Township or adjoining land owners
will be encountered or created by such excavation or fill.
D.Â
Trenching for utilities covered by other Township
ordinances.
An application for a permit to excavate or fill
shall be made in duplicate by the contractor and owner, in writing,
on forms furnished by the Township, filed with the Code Official,
who shall forthwith deliver one copy to the Township Manager. Said
application shall set forth the following information:
A.Â
The name, identity, address and telephone number of
the owner.
B.Â
The name, identity, address and telephone number of
the contractor.
C.Â
The description, location of the property involved
and grading plan shall be furnished, when requested by the Code Official.
D.Â
A statement of the exact nature of the proposed excavation
or fill, indicating the slope of the sides and the level of the finished
surface, the type of earth or material to be moved, the method, manner
and equipment to be used in the work and the disposition of material
at the site.
E.Â
Proposed time of commencement and completion of the
work.
F.Â
An agreement that if the excavation of fill is not
completed in accordance with the plans and specifications therefor
and the permit issued therefor, then the work may be completed by
the Township, the cost thereof to be paid by the owner. Failure to
execute such agreement shall not constitute a waiver of this provision.
G.Â
An agreement to indemnify and save harmless Lower
Allen Township and its agents from all liabilities, costs and expenses
which may result from, or be a consequence of, the granting of such
permit. Failure to execute such agreement shall not constitute a waiver
of this provision.
At the time of filing the application for a
permit to excavate or fill, the applicant shall pay a filing fee as
set by resolution of the Board of Commissioners, which fee schedule
shall be posted for public inspection in the office of the Code Official
and shall be based on costs.
When, in the opinion of the Code Official, the
proper investigation of an application for a permit to excavate or
fill will require the services of an engineer for technical help and
advise, the Code Official may consult with such engineer and required
him to make inspections of the work in progress. In such cases, prior
to the issuance of the permit, the Code Official shall notify the
applicant of the necessity for engineering inspection, and the applicant
shall pay, prior to commencing work, reasonable engineering fees at
current rates, to be determined in advance of the issuance of the
permit, and the amount thereof shall be deposited with the Township.
Within 10 days after the filing of the application
for a permit to excavate or fill, the Code Official shall cause an
investigation to be made and shall either issue the permit upon such
conditions expressed in the permit as he shall deem necessary to comply
with all of the provisions of this chapter or deny such permit.
In investigating and taking action on applications
for a permit to excavate or fill, the Code Official shall consider
the public health, safety and general welfare and the effect thereof
upon neighboring properties and he shall deny such permit if, in his
opinion, the excavation or fill would:
A.Â
Unlawfully remove the lateral or subjacent support
of any adjacent land.
B.Â
Create a dangerous topographic condition.
C.Â
Cause seepage or slides.
D.Â
Improperly divert the flow of drainage waters or increase
the velocity thereof.
E.Â
Create a nuisance.
F.Â
In any manner endanger the health, safety or property
of any other person.
[Amended 11-10-1997 by Ord. No. 97-16]
The Code Official shall forthwith notify the
applicant of the issuance or denial of the permit, and if the applicant
shall be dissatisfied therewith, he may appeal to the Board of Commissioners
by filing a written notice of appeal with the Township Manager within
30 days after such notice from the Code Official and, at the same
time, the applicant shall deliver to the Township Manager a list of
the names and addresses of all owners of property within a radius
of 300 feet from the exterior boundaries of the proposed excavation
or fill.
[Amended 11-10-1997 by Ord. No. 97-16]
The appeal shall be heard at the next succeeding
regular meeting of the Board of Commissioners held not more than 45
days after the filing of the appeal. The Township Manager shall mail
notice of such hearing at least 10 days prior thereto, to all owners
within a radius of 300 feet of the exterior boundaries of the proposed
excavation or fill. The hearing on the appeal may be continued from
time to time. At the conclusion of the hearing, the Board of Commissioners
may deny or issue a permit upon such terms and conditions as it shall
deem necessary to conform to the provisions of this chapter. The action
of the Board of Commissioners shall be final and conclusive and no
similar application may be filed for the same property for a period
of 12 months.
In order to minimize the danger of slides on,
to or from adjacent land, the Code Official may specify in the permit
the permissible angle of slope of the sides of the excavation or fill.
No side of such excavation or fill may be made steeper at any point
than the angle so specified in the permit unless supported by a substantial,
permanent retaining wall of sufficient strength to permanently support
such sides of the excavation or fill and constructed in accordance
with a permit to do so, as herein provided. Such retaining wall shall
be of concrete, brick, stone or other material not subject to rapid
deterioration and shall extend the full height and length of each
side of such excavation or fill which is at any point made steeper
in slope than the angle specified in the permit to excavate or fill.
If the applicant desires to make any side of the excavation or fill
steeper than the angle specified he shall file therewith, in duplicate,
as aforesaid, detailed plans and specifications for such retaining
wall. Upon the approval of such plans and specifications, the permit
or supplemental permit to excavate or fill shall authorize the sides
thereof to be made steeper than the angle of slope specified therein
if supported by a retaining wall constructed in accordance with such
plans and specifications.
Any applicant to whom a permit to excavate is
granted shall comply with the following requirements:
A.Â
The bottom of the excavation shall not be lower than
the level specified in the permit and shall be capable of being drained.
B.Â
If, in the opinion of the Code Official, any excavation
will create or aggravate a dangerous condition if left open, such
excavation shall be enclosed by a fence sufficiently high, tight and
strong to eliminate such dangerous condition.
C.Â
Any rock, earth or other material which may be dropped
or deposited on any public road or place from any vehicle transporting
such materials from any such excavation shall be immediately removed
in a manner and to an extent satisfactory to the Code Official at
the expense of the applicant.
D.Â
The applicant shall agree to indemnify and save the
Township and its agents harmless from all liabilities, judgments,
costs and expenses which may result from or be a consequence of the
granting of such permit.
[Amended 11-10-1997 by Ord. No. 97-16]
The Code Official shall require, as a condition
to the granting of any permit under this chapter, that the contractor
deposit with the Township Manager a completion bond with such surety
and in such amount as required by the Code Official, taking into consideration
the estimated costs of completion, insuring to the benefit of the
Township and the general public, guaranteeing that the contractor
will complete the work in accordance with the permit. The Code Official
may also require, as a condition to the granting of any permit under
this chapter, that the contractor deposit with the Township Manager
the certificate of a responsible insurance company, certifying the
contractor is insured for an amount of not less than the sum of $100,000
against any injury or damage to persons or property arising directly
or indirectly from the performance of the contractor in making the
excavation or fill for which such permit is issued.
Any permit granted under this chapter may be
revoked by the Code Official for any reason for which the issuance
of a permit might be lawfully denied or for the failure of the contractor
to comply with any of the terms or conditions of the permit. Revocation
shall be made only after a hearing before the Code Official after
five days' written notice to the applicants, given by personal service
or deposited in the United States mail, addressed to the applicants
at the addresses given in the application. The action of the Code
Official may be appealed to the Board of Commissioners as heretofore.
If, in the opinion of the Code Official, public health, safety or
welfare is endangered the Code Official may suspend any permit. Such
revocation or suspension shall be in addition to any other penalties
provided in this chapter.
In the event that any excavation or fill for
which a permit has been granted under this chapter is not commenced
within six months from the date of such permit, or in the event that
the work of excavation or fill is at any time abandoned for a period
of six consecutive months, such permit shall automatically terminate,
without notice, and no further excavation or fill shall be made; provided,
however, that the conditions and responsibilities in such permit shall
remain binding upon the person or firm to whom such permit was issued,
and all legal and equitable remedies shall be available against such
person or firm for any breach thereof. When the amount of material
excavated or filled equals the number of cubic yards authorized by
the permit, no further excavation or fill shall be made until a supplemental
permit has been issued. An excavation or fill shall set forth the
same information required in the original application correcting,
however, the quantity of excavation or fill and paying the proper
fee therefor.
[Amended 11-10-1997 by Ord. No. 97-16; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys' fees incurred by the Township
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced to imprisonment for a term not exceeding 90 days.
Each day that such violation exists shall constitute a separate offense,
and each section of this chapter that is violated shall also constitute
a separate offense. In addition to or in lieu of enforcement under
this section, the Township may enforce this chapter in equity in the
Court of Common Pleas of Cumberland County.
