Wherever used in this chapter, the following
words shall have the meanings indicated:
ADMINISTRATOR
The person qualified and officially appointed by the governing
body to manage this chapter.
ARCHITECT
A person licensed by the Commonwealth of Pennsylvania to
practice architecture.
BEDROCK
A natural rock layer, hard or soft, in place at ground surface
or beneath unconsolidated surficial deposits.
ENGINEER, PROFESSIONAL
A person licensed by the Commonwealth of Pennsylvania to
practice engineering and who is knowledgeable in the branch of civil
engineering.
ENGINEERING GEOLOGIST
A person who holds a degree in geology from an accredited
college or university and who has training and experience in the field
of engineering geology.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity, including such processes as gravitational
creep.
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 condition resulting.
GRADING
Excavation or fill or any combination thereof and shall include
the conditions resulting from any excavation or fill.
HAZARD
A danger or potential danger to life, limb or health or an
adverse effect or potential adverse effect to the safety, use or stability
of property, waterways, public ways, structures, utilities and storm
sewers and including stream pollution.
PERSON
A natural person, but shall also include a partnership, corporation,
trust or association.
RETAINING WALL
A structure composed of concrete, steel or other approved
building material constructed for the purpose of supporting a cut
or filled embankment which would otherwise not comply with the requirements
of the standards set forth in this chapter and which is more than
four feet in height as measured on the exposed vertical surface of
the wall.
SITE
A lot, tract or parcel of land, or a series of lots, tracts
or parcels of land which are adjoining where grading work is continuous
and performed at the same time.
SOILS ENGINEER
A person registered by the Commonwealth of Pennsylvania as
a professional engineer and who has training and experience in the
branch of soils engineering.
SOIL SURVEY
The unpublished and operational soil survey for Allegheny
County, Pennsylvania, and the accompanying text, Soil Survey Interpretations
of Allegheny County, Pennsylvania, as prepared by the United States
Department of Agriculture (USDA) Soil Conservation Service, et al.
When applicable, "soil survey" shall mean Soil Survey, Allegheny County,
Pennsylvania, when this publication is completed.
SOLID WASTE
All parts of combinations of ashes, garbage, refuse, radioactive
material, combustible demolition materials and industrial wastes such
as food-processing wastes, wood, plastic, metal scrap, etc.
SURVEYOR
A person registered by the Commonwealth of Pennsylvania as
a surveyor.
[Amended 1-22-1997 by Ord. No. 265]
A grading permit will not be required for any
of the following situations; however, all grading must be reported
to the Township:
A. Grading that is limited to mining, quarrying or stockpiling
of coal, rock, sand, aggregate or clay that satisfy requirements of
regulations of the Commonwealth of Pennsylvania.
B. Grading that is limited to solid waste disposal areas
or sanitary landfills operated in accordance with the requirements,
rules and ordinances adopted by the Pennsylvania Department of Environmental
Protection and the Allegheny County Department of Health.
C. Excavation that does not exceed five feet in vertical
depth, does not result in cut and/or fill slope steeper than four
horizontal to one vertical and does not exceed an area of 1,000 square
feet for areas recognized by the soil survey or better source as containing
landslide-prone soils. Better sources recognizing landslide-prone
soil areas may be the Pennsylvania Bureau of Topographic and Geologic
Survey, a professional engineer experienced in geology or an engineering
geologist.
D. Excavation that does not exceed five feet in vertical
depth, does not result in a cut or fill slope steeper than three horizontal
to one vertical and does not exceed an area of 5,000 square feet in
areas of soils not recognized by the Soil Survey or better as landslide-prone.
E. Fill amount that does not exceed 500 cubic yards on
any one site.
F. Fill that does not exceed five feet in vertical depth
at its deepest point measured from the top of such fill to the natural
ground surface, the area of fill does not exceed 5,000 square feet
and the slope of fill is not steeper than three horizontal to one
vertical.
G. Grading that does not exceed new construction authorized
by a building permit properly issued by the governing body. Grading
under the authorization of a building permit shall follow the standards
and requirements of this chapter.
H. Soil excavated under the authorization of a building
permit properly issued by the governing body that is temporarily stockpiled
on the same site as excavation; provided, however, that if the material
from such excavation is thereafter to be used for fill purposes for
which a grading permit is required, such permit must be obtained prior
to such use in accordance with the requirements of this chapter. In
addition, if excavated material is stockpiled on a site for a period
of longer than 120 days, then a permit shall be necessary when disposing
of the fill material.
Whenever the governing body, upon the recommendation of its Administrator, determines that any existing excavation, embankment or fill has become a hazard as defined in §
132-2, the owner of the property upon which the excavation, embankment or fill is located or other person or agent in control of said property, upon receipt of notice in writing from the Administrator, shall within the reasonable period specified therein repair, reconstruct or remove such excavation, embankment or fill so as to eliminate the hazard. If, after such notification, the property owner has not made the necessary repairs within the time adopted, then the governing body may direct government employees to make the required repairs and the cost thereof shall be borne by the property owner by a lien filed as provided by law.
Before issuance of a grading permit, the applicant
shall post a bond, corporate surety or other approved security in
the amount of 10% of the estimated cost of the grading work and erosion
control facilities proposed for the permit to guarantee completion
of said work and facilities in a satisfactory manner, meeting the
requirements of this chapter. No bond shall be required if another
bond or other approved security is posted for construction and/or
site improvements. When all requirements of this permit have been
met and the work has been completed in a satisfactory manner, the
full amount of security shall be returned to the person posting said
security.
Every grading permit shall expire by limitation
and become null and void if the work authorized by such permit has
not been commenced within one year or is not completed within three
years from the date of issue, provided that the governing body, acting
upon the recommendation of the Administrator, 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. Any physical changes in the site such
as surface water drainage, soil and bedrock dislocations, alteration
of groundwater discharge or any other natural or man-made modification
which would cause a doubt to be cast upon the feasibility of the contents
of the original permit approval must be reported to the Administrator
in the intervening period between approval of permit and completion
of the project.
Guidelines for minimizing erosion and sediment
in the Erosion and Sediment Control Handbook for Allegheny County,
Pennsylvania, should be followed. One or a combination of guidelines
should be used to minimize hazard, depending on site conditions and
proposed grading. However, the Administrator may approve grading plans
not meeting guidelines of the handbook if proposed grading will not
constitute a hazard. Governmental and/or engineering reports should
be used as evidence that proposed grading will not constitute a hazard.
Neither the issuance of a permit under the provisions
of this chapter nor the compliance with the provisions hereto or with
any condition imposed by the Administrator hereunder shall relieve
any person from any responsibility for damage to persons or property
resulting therefrom, or as otherwise imposed by law, nor impose any
liability upon the Township or any person, firm or agency engaged
to review a permit application for damages to persons or property.
In case any work is performed by any person
in violation of the provisions of this chapter, the proper officer
of the Township, in addition to other remedies, may institute in the
name of the Township any appropriate action or proceeding, whether
by legal process or otherwise, to prevent such unlawful work and to
restrain or abate such violation.