A.
Every applicant for a grading permit shall file a written application
with plans, specifications and a soil conservation report with the
Zoning/Code Enforcement Officer on a form prescribed by the Township.
The application shall:
(1)
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.
(2)
State the estimated dates for the start and the completion of grading
work.
(3)
State the purpose for which the grading application is filed.
(4)
State whether or not a building, structure or other improvement is
intended to be erected on the land on which the grading is to be done.
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. The Zoning/Code Enforcement Officer shall then approve the
application.
A.
The plans and specifications shall be 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 of the applicant.
(2)
The name 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)
Accurate location by lot, block, tract, street address, a location
map or other similar information.
(5)
Identify and indicate all adjoining properties and their zoning classifications.
(6)
A contour map showing the present contours of the land and the proposed
contours of the land 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%.
(7)
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.
(8)
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.
(9)
A description of the type and classification of the soil from the
soil survey, other standard surveys or other methods.
(10)
Details and location of any proposed drainage structures, pipes,
walls and cribbing.
(11)
Seeding locations and schedules, sediment basins and diversion
channels.
B.
A soil conservation report shall be required and include existing
site description of the topography, drainage, cover and soils; major
problems such as soil limitations, erosions and sediment potential
and surface runoff changes; and recommendations to minimize soil limitations,
erosion and sediment pollution and surface disposal problems.
C.
If truck loads of soil are to be removed from the site, a description
of truck travel routes must be approved by the Township.
A.
The Zoning/Code Enforcement Officer 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 Soils Survey for Washington 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, owing to special circumstances and conditions, compliance
with the provisions of this chapter is not possible, the Board of
Supervisors may make such reasonable exceptions thereto, upon recommendation
from the Township Engineer and will not be contrary to the public
interest and may impose such conditions as it deems necessary to adequately
protect the public interest.
C.
The Zoning/Code Enforcement Officer shall receive all applications
and shall collect all fees on behalf of the Township. The Zoning/Code
Enforcement Officer shall transmit all applications to the Township
Engineer, who shall indicate his written approval thereon.
D.
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.
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 Board of Supervisors, acting upon the
recommendation of the Township Engineer, 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 or groundwater discharge or any other
natural or man-made modification which would tend to undermine the
basis upon which the permit was issued, must be immediately reported
to the Zoning/Code Enforcement Officer by the permit holder. If the
circumstances dictate, the Board of Supervisors shall revoke the permit
or otherwise modify the conditions upon which the permit was initially
issued.
A.
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 Township Engineer
shall not approve the grading permit. 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.
B.
The Board of Supervisors shall promptly consider appeals from the
Zoning/Code Enforcement Officer's decisions relative to this
chapter, and the Board of Supervisors shall make determinations of
alternate methods, standards or materials when in its opinion strict
compliance with the provisions of this chapter is unnecessary. Any
applicant, permit holder or person aggrieved shall have the right
to appeal within 15 days from the date of the denial of the permit,
by a written appeal therefrom to the Board of Supervisors. The Board
of Supervisors shall grant a hearing upon such an appeal within 30
days after the receipt of the written appeal. A decision from the
Board of Supervisors shall be appealed to the Court of Common Pleas
of Washington County, Pennsylvania, within 30 days.
C.
The appellant shall post written notice of the public hearing on
a placard issued by the Zoning/Code Enforcement Officer and placed
in a conspicuous place on the subject property at least three days
prior to the hearing.
B.
Before issuing a grading permit, the Zoning/Code Enforcement Officer
shall collect a permit fee and grading escrow based upon the volume
of material to be graded. Fees will be set by a resolution of the
Board of Supervisors.
C.
The applicant will be responsible for all fees associated with the
approval of the permit, such fees to include, but not be limited to,
inspection, engineering, legal and administrative.
A.
The Township Engineer 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
chapter. Where it is found by inspection that the soil or other conditions
are not as stated or shown in the application, the Township Engineer
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 stamp of 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 Township Engineer 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-surveyor
to enable the Engineer 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 installed and 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 Township Engineer 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 Township Engineer 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, terracing,
compaction or cribbing, posting of the property or fencing off a dangerous
area.
A.
As a condition of approval of a grading application under this chapter,
the applicant shall post a cash or performance bond or other security
acceptable to the Township in the amount of 50% of the estimated cost
to perform the work. The cost estimate shall include the complete
scope of work needed to be performed by the applicant to comply with
this chapter and shall be prepared and certified by the applicant's
engineer or architect and accepted as reasonable by the Township Engineer.
The Township Engineer shall be the final arbiter as to the reasonableness
of any cost estimates.
B.
Upon completion of the job, a maintenance bond in an amount of 15%
of the cost estimated shall be posted (payable to Independence Township)
for a period of two years.
C.
No bond shall be required if other bond or approved security is posted
for construction and/or site improvements which already covers the
cost of grading and other control facilities.
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, to achieve sufficient and satisfactory
results.
B.
Cleanup. All soil washed or carried onto public streets during grading
operations shall be cleaned up each day. Temporary driveway or road
surfaces shall be provided as soon as possible. The owner of the property
being graded shall be responsible to protect and clean up lower properties
as a result of the grading work on the higher property and to restore
to original condition.
C.
Workdays. None of the work or activity covered by a grading permit
shall be conducted on a Sunday or legal holiday without the approval
of the Board of Supervisors.
D.
Work hours. All of the work and activity covered by a grading permit
shall be conducted between the hours of 7:00 a.m. and 5:00 p.m. unless
these time limits are extended, excused or otherwise modified by the
Board of Supervisors.
