[HISTORY: Adopted by the Board of Supervisors of the Township of
Middlesex 5-21-2003 by Ord. No. 91. Amendments
noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 65.
Floodplain management — See Ch. 84.
Impact fees — See Ch. 97.
Improvement design standards — See Ch. 101.
Sewers and sewage disposal — See Ch. 134.
Stormwater management — See Ch. 144.
Streets and sidewalks — See Ch. 147.
Subdivision and land development — See Ch. 150.
Zoning — See Ch. 175.
The purpose of this chapter is to provide minimum standards to safeguard
persons and property and to promote the public welfare by preventing excess
erosion, hazardous rock and soil slippage, sediment production and other soil
and water management problems, and by regulating and controlling the design,
construction, quality of materials, use location and maintenance of grading,
excavation and fill.
As used in this chapter, the following terms shall have the meanings
indicated:
A landowner who filed an application for a grading permit, as defined
by the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended,[1] who has filed an application for development within the Township.
A registered architect licensed as such in the Commonwealth of Pennsylvania.
Natural rock layer, hard or soft, in place at ground surface or beneath
unconsolidated surficial deposits.
The Board of Supervisors of the Township.
The officially adopted building code of the Township and all subsequent
amendments thereto.[2]
A registered engineer licensed as such in the Commonwealth of Pennsylvania.
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, disturbed, quarried, uncovered, removed, displaced, relocated
or bulldozed and shall include the conditions resulting therefrom.
Any act by which earth, sand, gravel, rock or any other material
deposited, placed, pushed, dumped, pulled, transported or moved to a new location
including the condition resulting therefrom.
A temporary inundation of normally dry land areas.
A report prepared by a registered professional geological engineer.
The elevation of the existing or proposed ground surface at the location
of any proposed excavation or fill.
An excavation or fill or a combination thereof.
The Township Manager or his designated representative.
Any permit required pursuant to the provisions of this chapter.
Any danger or potential danger to life, limb or health, or any adverse
effect or potential adverse effect to the safety, use or stability of property,
waterways, public ways, structures, utilities and storm sewers, including
stream pollution.
The floodplain area specifically identified in Township zoning[3] as being inundated by the one-hundred-year flood. Included would
be areas identified as floodway (FW), flood-fringe (FF) and general floodplain
(FA).
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts or
parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings, whether
proposed initially or cumulatively, or a single nonresidential building on
a lot or lots regardless of the number of occupants or tenure; or
The division or allocation of land or space, whether initially or cumulatively,
between or among two or more existing or prospective occupants by means of,
or for the purpose of, streets, common areas, leaseholds, condominiums, building
groups or other features.
A subdivision of land.
The following activities shall not be considered a land development:
The conversion of an existing single-family detached dwelling or single-family
semidetached dwelling, not more than three residential units, unless such
units are intended to be a condominium; or
The addition of an accessory building, including farm buildings, on
a lot or lots subordinate to an existing principal building.
The legal or beneficial owner or owners of land including the holder
of an option or contract to purchase (whether or not such option or contract
is subject to any condition); a lessee if the lessee is authorized under the
lease to exercise the rights of the landowner; or other person having a proprietary
interest in land.
A landscape architect licensed by the Commonwealth of Pennsylvania.
A flood that, on the average, is likely to occur once every 100 years
(i.e., that has a one-percent chance of occurring each year, although the
flood may occur in any year).
Any landowner, agent of said landowner, or tenant with the permission
of said landowner who has been granted a grading permit pursuant to the provisions
of this chapter.
A natural person, but also includes a partnership, corporation, trust,
association or any type of legal entity.
A structure composed of concrete, steel, wood, or other approved
building material within the allowable stresses as specified under the building
code constructed for the purpose of supporting a cut or filled embankment,
or to retain or support the lateral pressure of earth or other superimposed
loads.
A bond, letter of credit or cash provided by the permit holder to
secure performance under this chapter.
A lot, tract or parcel of land, or a series of lots, tracts or parcels
of land which are adjoining and with respect to which grading work is to be
continuous and performed at the same time.
The upward or downward slant or inclination or degree of slant, expressed
either as a horizontal to vertical ratio or as a percentage of vertical inclination
from the horizontal.
A report, prepared by a registered professional engineer, that includes
a description of a site and topography, drainage, cover, soils, soil limitations,
erosion and sediment potential, surface runoff changes and recommendations
to minimize soil limitations, erosion and sediment, and surface water disposal
problems.
A registered professional engineer licensed as such in the Commonwealth
of Pennsylvania and having training and experience in the branch of soils
engineering.
The Survey for Butler County, Pennsylvania, and the accompanying
text, Soil Survey of Butler County, Pennsylvania, as prepared by the USDA
Soil Conservation Service, et al.
Any and all parts or combination of ashes, garbage, refuse, radioactive
material, combustible demolition materials and industrial wastes such as food
processing wastes, wood, plastic, metal scrap, etc.
Any portion of any site which has a natural or finished slope of
15% or more.
A registered professional surveyor licensed as such in the Commonwealth
of Pennsylvania.
Middlesex Township, a second class township located in Butler County,
Pennsylvania.
The appointed engineer of the Township.
The Manager of the Township.
The officially adopted Subdivision and Land Development Ordinance
of the Township and all subsequent amendments thereto.[4]
The officially adopted Zoning Ordinance of the Township and all subsequent
amendments thereto.[5]
No person shall commence or perform any grading, excavation, and/or
fill operations without first having obtained a grading permit from the Township.
A separate grading permit shall be required for each site as follows.
One permit shall cover the grading, excavation, and any fill made on
the same site.
Only one permit shall be required for the grading of a large continuous
parcel of land for a major planned development, such as a planned residential
development or a planned commercial development, when the standards for the
grading of the entire parcel are satisfactory to and approved by the grading
administrator.
A grading permit will not be required, however, in any one of the following
situations, but in all other respects, the provisions of this chapter shall
apply:
A.
An excavation which does not exceed four feet in vertical
depth at its deepest point measured from the natural ground surface or cover
an area of more than 1,000 square feet, provided that the surfaces of such
excavation do not have slope at any point steeper than two horizontal to one
vertical.
B.
Fill which does not exceed four feet in vertical depth
at its deepest point measured from the natural ground surface and/or does
not cover an area of more than 1,000 square feet, provided that the surfaces
of such fills do not have a slope at any point steeper than two horizontal
to one vertical.
C.
An excavation below finished grade for basements and
footings of a building, or a one-family dwelling, swimming pool, or underground
structure authorized by a building permit; and an excavation of a driveway
between a building site and the street. A permit is required for an excavation
of a driveway between the building site and the street when, in the judgment
of the grading administrator, extreme conditions (such as excessive cut or
fill) exist.
D.
Soil excavated under the authorization of a properly
issued building permit which is stockpiled on the same site as the excavation.
E.
Work performed or directed by the Township in a public
street or alley or in a Township park, playground or recreation area or on
other public property.
F.
Where residential construction for a single-family house
will result in an excavation or fill, other than for a foundation, exceeding
100 cubic yards or create a slope exceeding two horizontal to one vertical,
then a grading permit shall be required in addition to the building permit.
Every applicant for a grading permit shall file a written application
with plans, specifications, and a soil conservation report with the grading
administrator in a form prescribed by the Township. Unless waiver is granted
by the grading administrator to one or more items, the application shall:
A.
Describe the land on which the proposed work is to be
done by lot, block, tract and street address, or similar description which
will readily identify and definitively locate the proposed work.
B.
State the estimated dates for the starting and completion
of grading work.
C.
State the purpose for which the grading application is
filed.
D.
State whether or not a building, structure or other improvement,
the construction of which will require a building permit pursuant to the provisions
of the building code, is intended to be erected on the land on which the grading
is to be done.
E.
Include plans and specifications prepared, signed and
sealed by a professional engineer, surveyor, architect or landscape architect,
and shall accurately portray and describe the site and proposed soil erosion
controls, if any. Plans shall be submitted in triplicate, one set of which
shall be of a reproducible nature, and shall include:
(1)
The name, address and phone number of the applicant.
(2)
The name, address and phone number of the owner of the
land.
(3)
The permission and approval of the owner of the property
if the applicant is an agent or tenant of the landowner, by affidavit.
(4)
An accurate location by lot, block, tract, street address,
a location map or other similar information.
(5)
A contour map showing the present contours of the land
and the proposed contours of the site after completion of the proposed grading
at two-foot intervals where the average slope is 15% or less and at five-foot
intervals where the average slope exceeds 15%.
(6)
Cross-sections of the proposed cut or fill on fifty-foot
intervals which show the method of benching both cut and/or fill; provided,
however, that there shall be not less than two cross-sections for each site.
(7)
A plot plan showing the location of the grading boundaries,
lot lines, neighboring streets or ways, buildings, surface and subsurface
utilities and waterways, drainage patterns and sufficient dimensions and other
data to show all work.
(8)
A description of the type and classification of the soil
from the soil survey, other standard surveys, or other methods.
(9)
Details and location of any proposed drainage, structures
and pipes, walls and cribbing.
(10)
Seeding locations and schedules, debris basins, diversion
channels.
(11)
A soil conservation report.
(12)
If truck or trailer loads of soil are to be removed from
or delivered to the site, a description of truck travel routes must be approved
by the Township. Evidence of approval from a state or county agency, where
required, shall also be provided.
F.
If proposed grading, excavation or fill is located entirely
or partially within any identified floodplain area, a document, certified
by a registered professional engineer or architect, which states that the
proposed grading, excavation or fill has been adequately designed to withstand
the one-hundred-year flood elevations, pressure, velocities, impact and uplift
forces associated with the one-hundred-year flood and that the plans adhere
to the restrictions of this chapter. Such statement shall include a description
of the type and extent of measures which have been incorporated into the design
of the grading, excavation or fill.
The responsibilities of the grading administrator shall be as follows:
A.
The grading administrator shall require that a geotechnical
engineering report be submitted by the applicant if the site is, has been,
or is likely to become hazardous to persons or property. The Coal Resource
Maps prepared by USGS, 1975, for the Greater Pittsburgh Region (as well as
the SCS Soil Survey for Butler County) shall be used to locate hazardous areas.
The report shall contain a detailed description of the geological conditions
of the site and shall include conclusions and recommendations that will demonstrate
the relationship of the geological conditions to the proposed development,
including hazardous conditions, water resources, mineral resources and environmental
impact.
B.
Where, due to special circumstances and conditions, compliance
with the provisions of this chapter would result in unnecessary hardship,
the grading administrator may make such special reasonable exceptions thereto,
upon recommendation from the Township Engineer, as will not be contrary to
the public interest, and may impose such conditions as it deems necessary
to adequately protect the public interest.
A.
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 months or is not completed within one year from the date of issue,
provided that the Township Manager may, if the permit holder presents satisfactory
evidence that unusual difficulties have prevented work 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.
B.
Any physical changes from the original plan uncovered
in the site during the construction, such as surface water drainage, soil
and bedrock dislocations, alteration of groundwater discharge or any other
natural or man-made modification which would tend to adversely affect the
basis upon which the permit was issued, must be immediately reported to the
grading administrator by the permit holder. If the circumstances dictate,
the grading administrator shall revoke the permit or otherwise modify the
conditions upon which the permit was initially issued.
Where, in the opinion of the Township Engineer, the work as proposed
by the applicant is likely to endanger any property or person or any street
or alley or create hazardous conditions, the grading permit shall be denied.
In determining whether the proposed work is likely to endanger property or
streets or alleys or create hazardous conditions, the Township Engineer shall
give due consideration to possible saturation by rains, earth movements, runoff
surface waters and subsurface conditions such as the stratification and faulting
of rock aquifers, springs and the nature and type of the soil or rock.
A.
Before issuing a grading permit, the grading administrator
shall collect a permit fee. Fees will be consistent with the appropriate and
applicable fee resolution adopted by the Board of Supervisors and as may be
amended from time to time.
B.
Before issuance of a grading permit, the applicant shall post all necessary performance security, in accordance with § 89-13 of this chapter.
C.
The applicant will be responsible for all costs associated
with the approval of the permit. Such costs shall include, but are not limited
to, inspection, engineering, legal, and administrative.
A.
The applicant shall provide a written estimate of the
cost to complete the complete scope of grading and remedial work in order
to comply with this chapter, as prepared and certified by an engineer. The
Township, upon recommendation of the Township Engineer, may accept or may
refuse to accept such estimate for good cause shown.
B.
As a condition of grading approval for projects having
an estimated cost of $25,000 or more, the applicant shall post a security
acceptable to the Township in the amount of 110% of the estimated cost to
perform the grading and remedial work.
C.
As a condition of grading approval for projects having
an estimated cost of less than $25,000, the applicant shall post a security
acceptable to the Township in the amount of 50% of the estimated cost to perform
the grading and remedial work.
D.
No security shall be required if security is posted for
construction and/or site improvements which already covers the cost of grading
and other control facilities.
A.
Application for the permit by the applicant shall constitute
consent to enter the site for inspections at any time. The grading administrator
shall, when requested by the permit holder, make the inspections hereinafter
required and shall either approve that portion of the work which has been
completed or notify the permit holder wherein the same fails to comply with
the provisions of this article. Where it is found by inspection that the soil
or other conditions are not as stated or shown in the application, the grading
administrator may refuse to approve further work until approval is obtained
for a revised grading plan conforming to existing conditions.
B.
Plans for grading work bearing the approval of the Township
Engineer shall be maintained at the site during the progress of the grading
work and until the work has been approved.
C.
The permit holder shall notify the grading administrator
in order to obtain inspections in accordance with the following schedule and
at least 48 hours before the inspection is to be made. Before calling for
any inspection, the owner shall have the property line stakes set and sufficient
grade stakes set by a registered engineer or surveyor to enable the grading
administrator to verify the grading operation.
(1)
Initial inspection: when work on the excavation or fill
is about to be commenced.
(2)
Rough grading: when all rough grading has been completed.
(3)
Drainage facilities: when drainage facilities which connect
to or shall become public facilities are to be installed and inspected before
such facilities are backfilled.
(4)
Special structures: when excavations are complete for
retaining and crib walls when reinforcing steel is in place and before concrete
is poured.
(5)
Final inspection: when all work, including the installation
of all drainage and other structures, has been completed.
D.
If at any stage of the work the grading administrator
shall determine by inspection that the nature of the formation is such that
further work as authorized by an existing permit is likely to endanger property
or streets or alleys or create hazardous conditions, the Township may require
as a condition to allowing the work to be done that such reasonable safety
precautions be taken as the grading administrator considers advisable to avoid
such likelihood of danger. Safety precautions may include but shall not be
limited to specifying a flatter exposed slope, construction of additional
drainage facilities, berms, temporary safety fencing, terracing, compaction
or cribbing.
The following general working conditions will apply to all grading sites:
A.
Dust control. During grading operations, necessary measures
for dust control will be exercised.
B.
Cleanup. All soil washed or carried onto public streets
during grading operations shall be cleaned up immediately. Temporary driveway
or road surfaces shall be provided as soon as possible in accordance with
all local, state and federal laws. The owner of the property being graded
shall be responsible to protect and clean up lower properties of silt and
debris which have washed down onto the lower properties as a result of the
grading work on the higher property and to restore the property to original
condition.
C.
Permit hours. The operation of heavy construction or
excavation machinery, including but not limited to bulldozers, high lifts,
backhoes, trucks, power shovels, pumps and jack hammers, and the operation
of equipment, such as saws and drills or any other type of machinery used
outside a structure, in conjunction with work requiring a building permit,
which causes a noise sufficient to disturb the peace and general tranquility
of the general public or any portion thereof, shall be prohibited in the entire
Township between the hours of 7:00 p.m. and 7:00 a.m., Monday through Saturday,
and all day Sunday and on federally designated legal holidays.
Standards for excavations shall be as follows:
A.
Maximum slope steepness of a cut shall be two horizontal
to one vertical for minimizing erosion and landslide hazards. However, upon
a determination by a governmental review agency or a registered soils engineer
that the properties of the types of soil on the site to be graded, as identified
by the soil survey, other standard surveys, geological surveys or core borings,
require special consideration, then maximum slopes may then be determined
as follows:
(1)
Landslide-prone soils or unstable rock formations where
existing slopes are less than 25% shall have proposed cut slopes no steeper
than are recommended by a registered soils engineer. A document signed and
sealed by said engineer shall be forwarded to the Township prior to approval
of the grading permit. Soil survey map symbols for landslide-prone soils are:
B.
Cut slopes which are steeper than those specified above
may be allowed under a grading permit, provided one or both of the following
is satisfied:
(1)
The material in which the excavation is made is sufficiently
stable to sustain a slope steeper than the slope.
(2)
A retaining wall or other approved support designed,
signed and sealed by a professional structural engineer and approved by the
grading administrator is provided to support the face of excavation.
C.
The bottom edge of final slopes shall be set back a minimum
of five feet from adjacent property lines in order to permit the normal rounding
of the edge without encroaching on the abutting property or street and to
allow for location of proper drainage facilities and protective devices.
D.
Before commencing any excavation which will in any way
affect an adjoining property or structures thereon, the person making the
excavation shall notify in writing the owners of the adjacent property or
buildings not less than 30 days before such excavation is to be made that
the proposed excavation is to be started. Copies of all such notices shall
be supplied to the grading administrator.
E.
The grading administrator may require an excavation to
be made with a cut slope flatter than those specified above if he finds the
material in which the excavation is to be made is unusually subject to erosion,
or if other conditions exist which, under applicable engineering practice,
make such flatter cut slope necessary for stability and safety. Excavations
adjacent to any footing, foundation or structure shall not extend below the
minimum angle of repose or natural slope of the soil under the nearest point
of same unless such footing, foundation or structure is first properly underpinned
or otherwise protected against settlement.
Standards for fills shall be as follows:
A.
No fill shall be made in the Township which creates a
slope steeper than two horizontal to one vertical. However, the Township,
on the advice and recommendation of a registered soils engineer, may impose
conditions requiring that a fill be constructed with an exposed surface flatter
than two horizontal to one vertical if the soils engineer states that, under
the particular circumstances involved, such flatter surface is necessary for
stability and for the safety of persons and property.
B.
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 as determined by the Township Engineer and specified on the grading
permit.
(2)
Clean soil or earth shall be placed over the top and
exposed surfaces of the fill, including all embankments, planting and seeding
areas, to a minimum depth of six inches to effectively conceal all materials
used in the fill other than clean soil or earth. Prior to spreading topsoil,
the subgrade shall be scarified to a depth of two inches to facilitate the
bonding of the subsoil with the topsoil. If the filling operation is intermittent,
the Township Engineer may require that the top and exposed surfaces of the
fill be so covered at the completion of each lift.
(3)
No fill of any kind shall be placed over topsoil, trees,
stumps or other material which would create a nuisance, potential fire hazard
or sanitary problem such as decomposition which would attract rodents, termites
or other pests.
(4)
Fill areas shall be prepared by removing organic material
such as vegetation and rubbish, and any other material determined by the grading
administrator to prevent proper compaction and stability.
C.
Where fills are located so that earth movement may result
in personal injury or damage to adjacent property, streets, alleys or buildings,
the bearing value and stability of the material under proposed fills and embankments
shall be determined by subsurface investigation performed by a soils engineer.
D.
Rock may be incorporated into fills and embankments but
only in layers 24 inches thick, maximum, as per the latest edition of the
Pennsylvania Department of Transportation (PennDOT) Specifications Publication
408, as amended, with voids filled and a blanket of compacted fill separating
one layer of rock from the next. Rock fill shall not be placed near the bottom
of foundations, building caissons and subsurface utility installations. Suitable
earth shall be reserved or provided to cover rock fill under proposed seeded
or planted areas.
E.
No unsuitable material, including but not limited to
the following, shall be placed in fill areas: coal, boney, red-dog, expansive
shale cinders, wood or soil waste decomposable material.
F.
On major fills or embankments, a toe bench shall be constructed
below the mantle under the toe of fill. A porous drain and a discharge pipe
shall be installed on the bottom and the back wall of the toe bench.
G.
All fills and embankments shall be installed in accordance
with the requirements set forth in the latest edition of the Pennsylvania
Department of Transportation Specifications Publication 408, as amended, and
any special provisions as specified by a registered soils engineer.
H.
The bottom edge of final slopes shall be set back a minimum
of five feet from adjacent property lines in order to permit the normal rounding
of the edge without encroaching on the abutting property or street and to
allow for location of proper drainage facilities and protective devices.
I.
Pursuant to a determination by the grading administrator
that the nature of a fill or embankment so warrants, a compaction test shall
be required at the end of each eight-inch lift, prior to the start of the
next lift of material.
J.
Within any identified floodplain area, fill, if used,
shall:
(1)
Extend laterally at least 15 feet beyond the building
line from all points.
(2)
Consist of soil or small rock materials only. Sanitary
landfills shall not be permitted.
(3)
Be compacted to provide the necessary permeability and
resistance to erosion, scouring or settling.
(4)
Be no steeper than two horizontal to one vertical, unless
substantiated data justifying steeper slopes are submitted to and approved
by the Township Engineer.
(5)
Be used to the extent to which it does not adversely
affect adjacent properties.
Standards for retaining walls shall be as follows:
A.
When the topographic natural condition of the property
is such that a ground slope of two horizontal to one vertical is not feasible,
the grading administrator may consider the submission of a grading plan showing
a retaining wall and ground slope combination that would be aesthetically
acceptable.
B.
Criteria for the acceptance of such a combination shall
as a minimum provide the following:
(1)
That the retaining wall(s) not exceed a height of six
feet, except where there is a showing of extraordinary circumstances.
(2)
If the plan incorporates terracing, the gradient of the
slope between retaining walls shall not exceed two horizontal to one vertical,
and that the horizontal distance between walls be at least equal to the height
of the retaining wall.
(3)
Where a stable natural rock ledge is existing, as established
by a written statement from a registered professional soils engineer, a similar
design of rock ledge and ground slope combination may be considered by the
grading administrator.
C.
When a retaining wall is constructed to satisfy the requirements
of this chapter and all other applicable codes (including, but not limited
to the Township zoning and building code), a building permit will not be required
in addition to the grading permit.
D.
Retaining walls must be designed and constructed in accordance
with sound engineering practice. The plans submitted for approval shall include
a description of proposed backfilling and subterranean drainage facilities
and bear the seal of a professional engineer.
E.
Specifically, where a wall is replacing an exposed slope,
the vertical face of the wall shall be set back a minimum of five feet from
adjacent property lines. An exception to this requirement may be granted by
the grading administrator upon an application satisfactorily demonstrating
that such an exception is necessary to permit normal use of the property,
that is, for a sideline driveway, or other reasonable consideration.
The standards for drainage control shall be as follows:
A.
Adequate provisions shall be made to prevent surface
water from damaging the cut face of excavations and/or the sloping surface
of fills and/or adjacent properties. Interception and diversion facilities
for stormwater and surface water runoff, both above and below the cut area
during and after construction, shall be included in the design.
B.
Drainage ditches shall be constructed prior to clearing
or grading at the toe and top of cut and fill slopes to divert the surface
water to drainage facilities such as storm sewers, street gutters or natural
watersheds during and after construction.
C.
Drainage ditches with a grade of 5% or greater shall
be paved with concrete, bituminous material, brick, half pipe, rubble or other
hard surface material.
D.
The grading administrator may approve methods and materials
recommended by governmental agencies, professional engineers and architects,
when they are more suitable to the site in preventing damage. Private drainage
facilities of any nature shall be at least designed to accommodate the largest
size storm that would occur on the average of every 10 years.
The standards for soil erosion and sedimentation control shall be as
follows: A soil erosion and sedimentation control plan shall be prepared in
accordance with the provisions of Title 25, Environmental Resources, Chapter
102 "Erosion Control," and approved by the Butler County Conservation District
(BCCD) prior to the commencement of any grading or other regulated earth-disturbance
activity, unless the Butler County Conservation District determines that said
plan is not required.
The standards for maintenance shall be as follows:
A.
The owner of any property on which an excavation or fill
has been made shall maintain in good condition and repair the excavation or
fill permitted and also all retaining wall, cribbing, drainage structures,
fences, ground cover and any other protective devices as may be a part of
the permit requirements.
B.
If at any time subsequent to the completion of the grading
work the cut face or fill slope shows evident signs of deterioration, erosion
or other evidence which might be detrimental to the properties above or below
the grading site, the Township, upon the recommendation of its Engineer, may
direct the property owner to take whatever necessary remedial steps are deemed
necessary to restore the grading area to a safe condition and to do so in
a reasonable period of time.
C.
If after such notification the property owner has not
made the necessary repairs within the allotted time, the Township Manager
may direct that the required repairs be undertaken and the cost thereof shall
be borne by the property owner.
General requirements shall be as follows:
A.
The owner of the property being graded shall notify the
grading administrator of the starting date of grading activity no later than
24 hours prior to the commencement of grading activity.
B.
The top or bottom edge of slopes shall be set back a
minimum of five feet, as established by the provisions of this chapter, from
adjacent property lines or street right-of-way lines in order to permit the
normal rounding of the edge without encroaching on the abutting property or
street.
C.
The owner of the property being graded shall be responsible
to protect and clean up lower properties of silt and debris which have washed
down onto the lower properties as a result of the grading work on the higher
property and restore to original condition.
D.
Proposed grading shall be accomplished so that existing
stormwater runoff flows are neither increased from predevelopment rates nor
concentrated at the point of release onto abutting properties.
E.
Screening, buffering and landscaping shall be provided
for all grading activities as follows:
(1)
In a land development, a minimum fifteen-foot buffer
shall be provided between the top or bottom edge of any slope area on the
land proposed to be graded and the adjacent property line. Existing vegetation,
such as trees, bushes and shrubs, shall remain undisturbed. If none exist
or existing vegetation is ineffective or not hardy, natural screening shall
be provided consisting of trees, bushes or shrubs at least six feet in height,
planted in the buffer area in accordance with a plan to be approved by the
Township.
(2)
For all other grading activities, natural screening must
be provided between the proposed area to be graded and the adjacent property
line, consisting of trees, bushes, or shrubs at least six feet in height.
G.
No encroachment, alteration or improvement of any kind
shall be made to any watercourse until all adjacent municipalities which may
be affected by such action have been notified by the Township and until all
required permits and approvals have been obtained from the Pennsylvania Department
of Environmental Protection, Bureau of Dams and Waterways Management.
H.
In order to prevent the denuding of the landscape wherever
practicable, large trees and other natural features constituting important
physical, aesthetic and economic assets to existing or impending development
work shall be preserved.
I.
All disturbed soil surfaces shall be stabilized by effective
seeding or other proper means prior to the first day of November of any year.
Any resultant noxious vegetation that results from improper planting or maintenance
of stabilized or partially stabilized soil shall be removed.
J.
Within any FW (Floodway Zoning District) and within any floodway area of any FA (General Floodplain Zoning District) as delineated in Chapter 175, Zoning, the following provisions shall apply:
(1)
Any new grading, excavation or filling that would cause
any increase in flood heights shall be prohibited.
(2)
No new grading, excavation or filling shall be allowed,
unless a permit is obtained from the Pennsylvania Department of Environmental
Protection, Bureau of Dams and Waterways Management.
K.
In order to protect hillsides exceeding 25% but not less than 40% in slope, no more than 20% of the site area of the natural vegetative cover may be disturbed unless a program for reforestation of the disturbed areas that is over 20% of the site area is approved by the Township and all necessary improvements are guaranteed by security in accordance with § 89-13 of this chapter.
L.
Grading and soil excavation are prohibited on any steep
slope.
A.
No person shall construct, enlarge, alter, repair or
maintain any grading, excavation or fill or cause the same to be done contrary
to or in violation of this chapter. Such violation shall be discontinued immediately.[1]
B.
When written notice of a violation of any of the provisions
this chapter has been served by the grading administrator on any person, such
violation shall be discontinued immediately.
C.
Any person violating any of the provisions of this chapter shall, upon being found liable therefor in a civil proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. In addition, any violation of this chapter shall be deemed a violation of Chapter 175, Zoning. Whenever such person has been notified by the grading administrator that he has committed such violation of this chapter, each day that he shall continue such violation after such notification shall constitute a separate offense, punishable by a like fine or penalty.[2]
In case any work is performed by any person in violation of any of the
provisions of this chapter, the proper officers of the Township, in addition
to the other remedies prescribed by law, may institute, in the name of the
Township, any appropriate legal action or proceedings to prevent such unlawful
work and restrain or abate said violation.
