For the purposes of this chapter, the following words shall have the
meanings indicated:
BUILDING PERMIT
A permit issued by the Director of Zoning and Planning pursuant to
the provisions of the Lower Makefield Building Code for the construction,
erection or alteration of a structure or building.
EXCAVATION
Any act by which earth, sand, gravel, rock or any other similar material
is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed
and shall include the conditions resulting therefrom.
FILL
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 and shall include the conditions resulting therefrom.
GRADE
The elevation of the existing ground surface at the location of any
proposed excavation or fill.
GRADING
Excavation or fill or any combination thereof and shall include the
conditions resulting from any excavation or fill.
PERSON
A natural person, but shall also include a partnership or corporation.
SITE
A lot, tract or parcel of ground or a series of lots, tracts or parcels
of land, joined together, where grading work is continuous and performed at
the same time.
New grading, excavations, removal of soil and fills or changes, additions,
repairs or alterations made to existing excavations and fills shall conform
to the provisions of this chapter, except that this chapter shall not apply
to:
A. Work in a public street or alley or in a township park,
playground or recreation area or on other public property.
B. The mining, quarrying, excavating, processing or stockpiling
of rock, sand, aggregate or clay unless such work affects the support of adjacent
or contiguous property or structures.
C. The depositing of rubbish or other material at any dump
operated by the township.
No person shall commence or perform any grading, excavation, removal
of soil or fill without first having obtained a grading permit from the Township
Engineer. A separate grading permit shall be required for each site. One (1)
permit may cover both the excavation and any fill made on the same site. A
grading permit will not be required, however, in the following situations,
but in all other respects the provisions of this chapter shall apply:
A. An excavation which does not exceed three (3) feet in
vertical depth at its deepest point measured from the natural ground surface
nor cover an area of more than one thousand (1000) square feet unless the
soil is to be removed from the site. This exception shall not affect the applicability
of this chapter to or the requirement of a grading permit for any fill made
with the material from such excavation.
B. A fill which does not exceed ten (10) cubic yards in
vertical depth at its deepest point measured from the natural ground surface,
nor cover an area of more than one thousand (1000) square feet, provided that
the surfaces of such fills do not have a slope at any point steeper than five
(5) horizontal and one (1) vertical.
C. An excavation below finished grade for basements and
footings of a building, swimming pool or underground structure authorized
by a building permit and excavation for a driveway between a building site
and the street. This exception shall not affect the applicability of this
chapter to or the requirement of a grading permit for any fill made with the
material from such excavation. A grading permit shall not be required for
the temporary stockpiling on the same site of the material from such excavation.
D. A single-family house site where the maximum gradient between property lines or the maximum excavation or fill (exclusive of the situations referred to in §
116-3 hereof) do not exceed the grades or quantities set forth in the following table:
|
Single-Family
House Site
(square feet)
|
Maximum Gradient
without permit
(feet)
|
Maximum Excavation
or fill
without permit
(cubic yards)
|
---|
|
Less than 6,000
|
12 in 100
|
75
|
|
From 6,000 to 10,000
|
15 in 100
|
100
|
|
From 10,001 to 18,000
|
15 in 100
|
200
|
|
From 18,001 to 30,000
|
15 in 100
|
250
|
|
Over 30,000
|
20 in 100
|
250
|
Before issuing a grading permit, the Township Manager shall collect
a permit fee as set forth by resolution of the Board of Supervisors.
Every grading permit shall expire by limitation and become null and
void if the work authorized by such permit has not been commenced within six
(6) months or is not completed within one (1) year from the date of issue,
provided that the Township Engineer may, if the permit holder presents satisfactory
evidence that unusual difficulties have prevented work from being started
or completed within the specified time limits, grant a reasonable extension
of time; and provided, further, that the application for the extension of
time is made before the date of expiration of the permit.
No fill shall be made which creates any exposed surfaces steeper in
slope than one and one-half (1 1/2) horizontal to one (1) vertical, except
under one (1) or more of the following conditions:
A. The fill, in the opinion of the Township Engineer, is
located so that settlement, sliding or erosion of the fill material will not
result in property damage or be a hazard to adjoining property, streets, alleys
or buildings.
B. A written statement from a civil engineer, licensed by
the Commonwealth of Pennsylvania and experienced in erosion control, certifying
that he 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 Township Engineer.
C. The Township Engineer may require that the fill be constructed
with an exposed surface flatter than one and one-half (1 1/2) horizontal
to one (1) vertical if he finds that under the particular conditions such
flatter surface is necessary for stability and safety.
D. Whenever a fill is to be made of materials other than
clean soil or earth the grading permit shall be subject to the following additional
limitations and requirements:
(1) The fill shall be completed within a reasonable length
of time, said time limit to be determined by the Township Engineer and to
be specified on the grading permit.
(2) Clean soil or earth shall be placed over the top and
exposed surfaces of the fill to a depth sufficient to effectively conceal
all materials, other than clean soil or earth, within the fill. Where the
nature of the fill requires, the Township Engineer may require clean soil
or earth to be placed over the top and exposed surfaces of the fill to a depth
sufficient to conceal all materials at the end of each day's operations.
(3) No grading permit shall be issued for the filling of
materials other than clean soil or earth until a faithful performance bond
in the amount of at least ten percent (10%) more than the Township Engineer's
estimated cost of adequately covering such fill with clean soil or earth has
been furnished to the township. Such bond shall be executed by a corporate
surety, as well as by the principal and shall be subject to the approval of
the Township Solicitor as to form. The bond shall inure to the benefit of
the township and be conditioned upon the faithful performance of the work
required under the terms and conditions of the grading permit to the satisfaction
of the Township Engineer. In lieu of said bond, a cash deposit in the said
amount may be made with the Township Treasurer or with a bank or trust company,
approved by the Township Solicitor, which shall act as escrow agent.
All fills shall be compacted to provide stability of material and to
prevent undesirable settlement. The fill shall be spread in a series of layers,
each not exceeding twelve (12) inches in thickness and shall be compacted
by a sheepsfoot roller or other approved method after each layer is spread.
The Township Engineer may require tests or other information if in his opinion
the conditions or materials are such that additional information is necessary.
Adequate provisions shall be made to prevent any surface waters from
damaging the cut face of an excavation or the sloping surface of a fill. Slopes
of more than ten (10) feet in vertical height shall be separated by level
berms of at least four (4) feet in width. Berm ditches shall be constructed
where necessary to prevent erosion. All drainage provisions shall be of such
design as to carry surface waters to the nearest practical street, storm drain
or natural watercourse approved by the Township Engineer as a safe place to
deposit and receive such waters. The Township Engineer may require such drainage
structures or pipes to be constructed or installed which in his opinion are
necessary to prevent erosion damage and to satisfactorily carry off surface
waters.
The owner of any property on which an excavation or fill has been made
shall maintain in good condition and repair all retaining walls, cribbing,
drainage structures, fences and other protective devices.