[Ord. 1621, 3/21/1977, Art. 1]
1.
This Part shall be known as the "Township of Harrison Grading, Excavating
and Fill Ordinance."
2.
The purpose of this Part is to provide minimum standards to safeguard
persons, to protect property, maintain the present level of ecology
and promote the public welfare by regulating and controlling the design,
construction, quality of materials, use, location, and maintenance
of grading, excavation and fill.
3.
If any section, subsection, sentence, clause or phrase of this Part
is for any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Part.
[Ord. 1621, 3/21/1977, Art. 2]
Wherever used in this Part the words shall have the following
meaning:
The qualified individual designated from time to time by
the Board of Commissioners to act for the Township of Harrison under
this Part.
A valid permit issued by the Township of Harrison, pursuant
to the provisions of applicable Harrison Township Ordinances for the
construction, erection of or alterations of a structure or buildings.
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, coal, or any
other similar material is cut into, dug, quarried, uncovered, removed,
displaced or relocated or bulldozed and shall include the conditions
resulting therefrom.
A structural barrier to prevent intrusion within a given
area.
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.
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EXISTING OR NATURAL GRADE — The elevation of the existing
ground surface above sea level prior to any excavating or filling.
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FINISHED GRADE — The elevation of the ground surface above
sea level after grading has been completed and the elevation coincides
with the elevation called for in a plan of grading.
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ROUGH GRADE — That state of grading which approximates
the finished grade in a plan of grading.
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An excavation or fill or any combination thereof and shall
include the conditions resulting from any excavation or fill.
Any permit required by this Part.
The application of such material as will produce a dust free,
all weather, hard surface.
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; including stream pollution.
A natural person or persons but shall also include a partnership
or corporation and their heirs, successors and assigns.
A lot, tract, or parcel of land, or a series of lots, tracts,
or parcels of land, joined together, where grading work is continuous
and performed at the same time.
That ratio formed by the horizontal over the vertical difference
of position and where the vertical difference is usually expressed
as one. (e.g. 2/1, 3/1, etc.)
The Township of Harrison.
[Ord. 1621, 3/21/1977, Art. 3]
New grading (excavations or fills) or changes, additions, repairs,
or alterations made to existing grading (excavations or fills) shall
conform to the provisions of this Part.
[Ord. 1621, 3/21/1977, Art. 4]
No person shall commence or perform any grading (excavation
or fill) without first having obtained a grading permit from the Administrator.
A separate grading permit shall be required for each site. One permit
may cover both an excavation and any fill made on the same site.
[Ord. 1621, 3/21/1977, Art. 5]
A grading permit will not be required in the following situations,
but in all other respects, the provisions of this Part shall apply:
1.
An excavation which does not exceed four feet in vertical depth at its deepest point measured from the existing grade, if the grading (1) does not cover an area of more than 20% of the site, and (2) does not exceed 6,000 square feet, and (3) does not exceed 250 cubic yards, (4) 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. This exception shall not effect the applicability of this Part to the requirement of a grading permit for any fill made with the material from such excavation, unless such fill is within the exception of subsection 2 herein.
2.
A fill which does not exceed four feet in vertical depth at its deepest
point measured to the existing grade, if the grading (1) does not
cover an area of more than 20% of the site, and (2) does not exceed
6,000 square feet, and (3) does not exceed 250 cubic yards; provided
that the surface of such fills does not have a slope at any point
steeper than four horizontal to one vertical.
3.
An excavation for basements and footings of a building, swimming
pool, or underground structure authorized by a building permit and
excavation of a driveway between a building site and the street where
the plot plans attached to the building permit indicate existing and
proposed contours. A grading permit shall indicate existing and proposed
contours. A grading permit shall not be required for the temporary
stockpiling on the site, of the material from such excavation, within
a one year period beginning from issuance of the building permit.
4.
A single family house site where the minimum slope between property
lines or the maximum excavation or fill (exclusive of the situations
referred to in § 105(3) hereof) do not exceed the slopes
or quantities set forth in the following table:
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Single Family House Site
(area to be graded in square feet)
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Maximum Slope Without Permit
(feet vertical per 100 feet horizontal
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Maximum Excavation or Fill Without Permit
(cubic yards)
|
|---|---|---|
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Less than 12,000 square feet
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12 in 100 feet
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100
|
|
From 12,000 to 30,000 square feet
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15 in 100 feet
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200
|
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Over 30,000 square feet
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20 in 100 feet
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250
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[Ord. 1621, 3/21/1977, Art. 5]
Every applicant for a grading permit shall file a written application
therefore, with the Administrator. Such application shall:
1.
Describe the land on which the proposed work is to be done, by lot,
block, tract or street address, or similar description which will
readily identify and locate the proposed work.
2.
Be accompanied by plans and specifications, in triplicate, prepared
by a Registered Engineer, Registered Surveyor or Registered Landscape
Architect, licensed by the Commonwealth of Pennsylvania, including:
a plan of survey, a contour map showing the present contours of the
land and the proposed contours of the land after completion of the
proposed grading at a scale not smaller than 50 feet to one inch and
at a contour interval of not greater than five feet, and a plan showing
cross sections of the proposed cut and/or fill on fifty-foot intervals
which show the method of benching both cut and/or fill, however, under
no circumstances shall there be less than two cross sections for each
property involved under said permit; a plot plan showing the location
of the grading, boundaries, lot lines, neighboring streets and ways,
existing and proposed buildings, existing water lines and sewers or
drains, existing utility lines, type of ground cover or vegetation,
and sufficient dimensions and other data to show the location of all
work; description of the type and classification of the soils obtained
from an on-site investigation; details and location of existing watercourses,
area and details of paving, and any proposed drainage structures and
pipes, walls and cribbing, details of bridges and/or culverts required
to cross over watercourses; nature or fill material and such other
information as the Administrator may require to carry out the purpose
of this Part. All plans shall be dated and bear: (1) the name and
seal of the Registered Professional who prepared same; (2) the name
of the applicant and (3) the name of the owner of the land.
3.
State the estimated dates of the starting and completion of the grading
work.
4.
State the purpose for which the grading application is filed.
[Ord. 1621, 3/21/1977, Art. 6]
1.
Before issuing a grading permit, the Administrator shall collect
a permit fee as follows:
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Volume of Material
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Permit Fee
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|---|---|---|
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Not more than 200 cubic yards.
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$30.
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More than 200 cubic yards
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$30 plus $8 for each additional 100 cubic yards or portion thereof
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More than 500 cubic yards
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$54 plus $7 for each additional 100 cubic yards or portion thereof
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More than 1,000 cubic yards
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$90 plus $6 for each additional 100 cubic yards or portion thereof
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2.
Before issuance of a grading permit the applicant shall post a bond,
with a corporate surety. 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 issue 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 Administrator. In lieu of said bond,
a cash deposit in the said amount may be made with the Township. Said
bond shall be in the amount of 50% of the estimated cost of the work
to guarantee the completion of said work, including erosion and sedimentation
control and storm drainage system, contemplated by the permit.
[Ord. 1621, 3/21/1977, Art. 7]
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 two years from the date
of issue, provided that the Administrator may, if the permit holder
presents satisfactory evidence in writing that unusual difficulties
have prevented the 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.
[Ord. 1621, 3/21/1977, Art. 8]
1.
Where, in the opinion of the Administrator the work as proposed by
the applicant is likely to endanger any person, property, or any street
or way, he shall deny the grading permit. In determining whether the
proposed work is likely to endanger property, or streets, or alleys,
or streams, or create hazardous conditions or damage the ecology of
the area, the Administrator shall give consideration to, but shall
not be limited to, possible saturation by rains, earth movements,
runoff of surface waters and subsurface conditions such as the stratification
and faulting of rock, and the nature and type of the soil, rock, or
other minerals.
2.
The Board of Commissioners shall promptly consider appeals from the
provisions of this Part or from the determinations of the Administrator,
and the Board may consider alternate methods, standards or materials
proposed by the applicant. (Any applicant or permit holder shall have
the right to appeal to any court of competent jurisdiction from any
decision or determination of the Board of Supervisors.)
[Ord. 1621, 3/21/1977, Art. 9]
1.
The Administrator shall make the inspections hereinafter required
and shall either approve that portion of the work that has been completed
or notify the permit holder wherein the same fails to comply with
the provisions of this Part. Where it is found by inspection that
the soil or other conditions are not as stated or shown on the application,
the Administrator shall stop work on the site immediately until approval
is obtained for a revised grading plan conforming to the existing
conditions.
2.
Plans for grading work, approved by the Administrator, shall be maintained
at the site during the progress of the grading work until the work
has been approved.
3.
The permit holder shall notify the Administrator in order to obtain
inspections in accordance with the following schedule and such notifications
shall be made by the permit holder at least 72 hours before the inspection
is to be made:
A.
Initial Inspection. When work on the excavation or fill is about
to be commenced.
B.
Rough Grading. When all rough grading has been completed.
C.
Drainage Facilities. When drainage facilities are to be installed
and before such facilities are backfilled.
D.
Special Inspection. If at any time conditions are found which are
not stated on the permit holder's application.
E.
Special Structures. When excavations are complete for retaining and
crib walls and when reinforcing steel is in place and before concrete
is poured.
F.
Final Inspection. When all work, including the installation of all
drainage and other structures has been completed.
4.
If, at any stage of the work, the Administrator shall determine by
inspection that conditions exist, such that the work as authorized
by an existing permit is likely to endanger any property, or streets,
or ways, or create hazardous conditions, the Administrator may require,
as a condition to allowing the work to be done, that such reasonable
"Safety Precautions" be taken as the Administrator considers advisable
to avoid the likelihood of danger. "Safety Precautions" may include,
but shall not be limited to, specifying a lesser degree of slope,
construction of additional drainage facilities, berms, terracing,
compaction, cribbing, or walls.
[Ord. 1621, 3/21/1977, Art. 10]
1.
Maximum slope steepness of a cut should be three horizontal to one
vertical for minimizing erosion and landslide hazard. However, a governmental
review agency, professional engineer or engineering geologist may
recognize the types of soil on the site to be graded from the soil
survey or better. Maximum slopes can then be determined as follows:
A.
Landslide: prone soils where slopes greater than 25% shall have cut
slopes no steeper than three horizontal to one vertical. Soil survey
map symbols are:
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34-DE-6
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34-E-2
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34-F-1
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65-E-2
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B.
Landslide. Prone soils where slopes are less than 25% shall have
cut slopes no steeper than two horizontal to one vertical. Soil survey
map symbols are:
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32-B-2
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34-C-2
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65-C-2
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67-C-2
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32-C-2
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34-D-2
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65-D-2
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67-D-2
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34-B-2
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65-B-2
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67-B-1
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C.
Soils which are not or have a low probability of being landslide:
prone shall have a slope no steeper than 1 1/2 horizontal to
one vertical. All soil survey map symbols except the symbols listed
above donate soils of low landslide probability.
2.
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:
A.
The material in which the excavation is made is sufficiently stable
to sustain a slope steeper than the slope specified above for recognized
soil conditions on the site. A written statement, signed and sealed
by a professional engineer, stating that the steeper slope will have
sufficient stability and that risk of creating a hazard will be slight,
must be submitted to the Administrator.
B.
A retaining wall or other approved support, designed by a professional
engineer and approved by the Administrator is provided to support
the face of excavation.
3.
The top or bottom edge of slopes shall generally be set back from
adjacent property lines or street right-of-way.
4.
Guidelines for cuts 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.
[Ord. 1621, 3/21/1977, Art. 11]
1.
No fill should be placed over trees, stumps or other material which
could create a hazard. Instead, such materials may be buried in natural
ground where no structures will be built or hazard created. Limbs
can be chipped and mixed with the topsoil.
2.
All fills should be compacted to provide stability of fill material
and to prevent undesirable settlement or slippage.
3.
No fill shall be made which creates any exposed surface steeper in
slope than three horizontal to one vertical, except under one or more
of the following conditions:
A.
A written statement from a Registered Professional Engineer, licensed
by the Commonwealth of Pennsylvania and experienced in erosion control
and geological sciences, certifying that he has inspected the site
and that the proposed deviation from the slope specified above will
not result in increased risk of injury to persons or damage to adjacent
property, streets, alleys, structures, or receiving streams from erosion
and sedimentation, is submitted to and approved by the Administrator.
4.
The Administrator may require that the fill be constructed with an
exposed slope less than or flatter than three horizontal to one vertical
if he finds that under the particular conditions such flatter slope
is necessary for stability and safety.
5.
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:
A.
The fill shall be completed within a reasonable length of time, the
said time limit to be determined by the Administrator and to be specified
on the grading permit.
B.
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.
6.
When the fill is other than clean soil or earth, the Administrator
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.
A.
No fill of any kind shall be placed over trees, stumps, or other
material which would create a nuisance or be susceptible to attracting
rodents, termites, or other pests.
B.
No grading permit shall be issued for the filling with materials
other than clean soil or earth until a performance bond in the amount
of at least 10% more than the Administrator's estimated cost
(i.e. 110%) of adequately covering such fill with clean soil or earth
and providing erosion and sedimentation control and drainage has been
furnished to the Township. Such bond shall be in conformance with
that as set forth in § 107(2).
[Ord. 1621, 3/21/1977, Art. 12; as amended by Ord. 1910,
7/22/2004]
In order to prevent erosion, the permittee shall be required
to provide adequate surface treatment by installing ground cover of
such kind and character as may be approved by the Administrator. In
accordance with Pennsylvania Code, Title 25, Chapter 102, Section
102.4(b), an Erosion and Sediment Control Plan is required for any
earth disturbance activity of 5,000 square feet or more. All Erosion
and Sediment Control Plans shall be in accordance with the requirements
of Pennsylvania Code, Title 25, Chapter 102, Sections 102.1 –
102.51. Prior to the issuance of a grading permit, the applicant shall
obtain the approval of the Erosion and Sediment Control Plan by the
Allegheny County Conservation District (ACCD).
[Ord. 1621, 3/21/1977, Art. 13]
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 and shall be compacted by a sheepsfoot roller or
other approved method after each layer is spread. The Administrator
may require tests or other information if, in his opinion, the conditions
or materials are such that additional information is necessary. Where
fills are placed on slopes of 15% or more, benching of the surface
shall be required and indicated on the cross sections. Fills that
exceed a height of eight feet shall be provided at the toe of the
slope with a key bench at least two feet and four feet wide across
the entire length of the toe.
[Ord. 1621, 3/21/1977, Art. 14]
Adequate provisions shall be made to prevent any surface waters
from damaging the cut face of an excavation or sloping surface of
a fill. The Administrator shall require drainage structures or pipes
to be constructed or installed which are necessary to prevent erosion
and to satisfactorily carry off surface waters. All drainage provisions
shall be of such design as to carry surface waters to the nearest
practical location or natural watercourse which is a safe place to
deposit or receive such waters. Culverts and bridges of proper size
shall be installed where a watercourse is to be crossed in accord
with State rules, regulations and law.
[Ord. 1621, 3/21/1977, Art. 15]
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, ground cover, and other
protective devices as established by permit and further, the continued
use of said area shall be contingent upon the maintenance and upkeep,
satisfactory to the Township. The Certificate of Completion therefor
may, at any time, be revoked by the Board of Commissioners, in accordance
with the procedures set forth in § 118(2, 3) if the conditions
of the permit are not being observed or if conditions exist that prejudice
the health, safety and welfare of any person, persons or property.
[Ord. 1621, 3/21/1977, Art. 16]
1.
The top or bottom edge of excavations and fills shall be at least
three feet from property lines or right-of-way lines of streets in
order to permit the normal rounding of the edge without encroaching
on the abutting property. The top or bottom edge of excavation and
fills shall be at least 25 feet from the nearest bank of any stream
or body of water. A temporary fence not less than four feet in height
and approved by the Administrator shall be placed at the top of all
cuts or fills and slopes in excess of 1 1/2 horizontal to one
vertical, prior to excavation. Upon completion of grading a permanent
fence not less than four feet in height and meeting Township fence
requirements shall be placed at the top of all such cuts or fills
and slopes. Before a grading permit is issued a bond shall be required
as provided in § 107(2) hereof, to guarantee the protection
of steep slopes.
2.
The owner of a property shall be responsible to protect and clean
up affected properties of silt or debris washing from his property
as a result of the regrading of his property. The duties imposed under
this paragraph shall be in addition to those duties owed to other
property owners by law.
3.
In order to prevent the denuding of the landscape, wherever practicable,
large trees and other natural features constituting important physical,
esthetic and economic assets to existing or impending suburban development
shall be preserved.
4.
All grading, excavation or fill shall be performed so that no unnecessary
dust shall be raised. The Administrator may enforce reasonable dust
control regulations and may revoke any permit issued under this Part
until dust control regulations are met.
[Ord. 1621, 3/21/1977, Art. 17]
1.
If, upon final inspection of an excavation or fill, it is found that
the work authorized by the grading permit has been satisfactorily
completed in accordance with the requirements of this Part, a grading
certificate of completion covering such work and stating that the
work is approved, shall be issued to the permit holder by the Administrator.
2.
The Board of Commissioners shall have the power to revoke the grading
certificate of completion upon the recommendation of the Administrator
that the work covered by the permit, or that any retaining walls,
cribbing, drainage structures, fence, or other protective devices
shown on the approved plans and specifications submitted for a permit
have not been maintained in good order and repair.
3.
Before such revocation, the Administrator shall first give written
notice to the permit holder and to the owner of the property involved,
specifying the defective condition and stating that unless such defective
condition is remedied, the certificate shall be revoked. Such condition
shall be corrected within 30 days of notice to the owner to correct
same.
[Ord. 1621, 3/21/1977, Art. 18; as amended by Ord. 1782,
2/16/1987]
1.
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 any provision of this Part.
2.
When written notice of a violation of any of the provisions of this
Part has been served by the Administrator on any person, such violation
shall be discontinued immediately.
3.
Penalties. Any person, firm or corporation who shall violate any
provision of this Part 1 shall, upon conviction thereof, be sentenced
to pay a fine of not more than $300; and/or to imprisonment for a
term not to exceed 90 days. Every day that a violation of this Part
1 continues shall constitute a separate offense.
[Ord. 1621, 3/21/1977, Art. 19]
In case any work is performed by any person in violation of
any of the provisions of this Part, 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.
