This chapter shall be known and may be cited as the "Independence
Township Grading Ordinance."
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.
No person shall construct, enlarge, alter or repair any grading
excavation or fill except in full compliance with all the provisions
of this chapter and after the lawful issuance of all permits required
by this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
The Township Board of Supervisors or its authorized representative.
A landowner or developer, as defined by the Pennsylvania
Municipalities Planning Code, Act 247 of 1968, as amended, 53 P.S.
§ 20202 et seq.,[1] who has filed an application for a permit pursuant to
this chapter.
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 Independence Township.
A registered professional engineer licensed as such in the
Commonwealth of Pennsylvania and knowledgeable in civil engineering.
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, including the condition resulting therefrom.
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, including the condition resulting therefrom.
A report prepared by a registered professional geological
engineer.
The Board of Supervisors of Independence Township.
The elevation of the existing or proposed surface at the
location of any proposed excavation or fill; applies to either of
the acts of excavating or filling.
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.
A landscape architect licensed as such in the Commonwealth
of Pennsylvania.
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 or other approved
building material constructed for the purpose of supporting a cut
or filled embankment which would otherwise not comply with the requirements
or standards set forth in this chapter and which is more than 40 inches
in height as measured on the exposed vertical surface of the wall.
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.
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 Washington County, Pennsylvania, and the accompanying
text, Soil Survey of Washington 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.
Slopes where in a horizontal distance of 100 feet the slope
exceeds 40 feet 40%.
The Township of Independence.
The appointed engineer of Independence Township.
The designated official appointed by the Board of Supervisors
whose duty it shall be to administer this chapter and the Zoning Ordinance[2] and Code(s) of the Township.
The Zoning Ordinance, as amended, of the Township of Independence.
A.
No person shall commence or perform any grading, excavation and/or
fill operations without first having obtained a grading permit from
the Zoning/Code Enforcement Officer on approval of the Township Engineer.
A separate grading permit shall be required for each site as follows.
B.
Any work requiring a grading permit encompassing grading, excavating
or filling over an area greater than five acres shall be submitted
to the Board of Supervisors for review and recommendation by the Township
Engineer.
(1)
One permit shall cover the grading, excavation and any fill made
on the same site.
(2)
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 Zoning/Code Enforcement Officer.
C.
An approved site grading plan and/or a building permit or both are
prerequisite to the granting of any grading permit.
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 six feet in vertical depth at
its deepest point measured from the natural ground surface or cover
an area of more than 1,500 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 six feet in vertical depth at its deepest
point measured from the natural ground surface and/or does not cover
an area of more than 1,500 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; provided, however,
that a permit is required for an excavation of a driveway between
the building site and the street when extreme conditions (such as
excessive cut or fill) exist.
D.
Soil excavated under the authorization of a properly issued building
permit which is stockpiled in the same site as the excavation. If,
however, 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 on a site other than where the soil is stockpiled.
E.
Work in a public street or alley or in a Township park, playground
or recreation area or any other public property.
F.
Where residential construction for single-family houses does not
fall within the limits of the table below, then a grading permit shall
be required in addition to the building permit:
|
Site Size
(square feet)
|
Gradient Does Not Exceed
|
Amount of Excavation or Fill Does Not Exceed
(cubic yards)
| |
|---|---|---|---|
|
Over 30,000
|
24 in 100 feet (24%)
|
1,000
|
