Part 1 EXCAVATION AND FILL
[Ord. 624-2000, 10/17/2000, § 1]
This Part shall be known as the "East Pennsboro Township Excavation and Fill Ordinance."
[Ord. 624-2000, 10/17/2000, § 2]
As used in this Part, the following terms shall have the meanings indicated:
- CODE OFFICIAL
- The Code Official of East Pennsboro Township, or other person designated by the Board of Commissioners to perform the function of Code Official.
- Any person engaging in the business or act of excavating or filling and the transportation of excavated or fill material.
- The cutting, grading, digging or removal of earth or natural materials in such manner as to change the natural or existing terrain.
- The placing, carrying or depositing of earth or natural materials in such manner as to change the natural or existing terrain.
- GRADING PLAN
- A plan showing the existing contours at two-foot intervals of the area involved and the proposed final contours for grade at two-foot intervals.
- Any person who owns land, or any interest therein, sufficient to permit excavation or fill thereon.
- Any natural person, partnership, association or corporation.
[Ord. 624-2000, 10/17/2000, § 3]
It shall be unlawful for any person or firm to make or cause or permit to be made any excavation or fill in the Township except in accordance with a permit issued as specified herein; provided, however, that no permit shall be required to fill or excavate:
By the federal government, the Commonwealth of Pennsylvania, or any political subdivision thereof.
Where less than two cubic yards of earth or material are moved.
Where excavation or fill for a building site is being done for the purpose of immediate construction of a building or improvement thereon for which a building permit has been issued or excavation or fill accomplished under an approved subdivision or land development plan for which a building permit has been issued, if, in the opinion of the Code Official evidenced in writing on such building permit, no hazard to property rights of the Township or adjoining land owners will be encountered or created by such excavation or fill.
Trenching for utilities covered by other Township ordinances.
[Ord. 624-2000, 10/17/2000, § 4]
An application for a permit to excavate or fill shall be made in duplicate by the contractor and owner, in writing, on forms furnished by the Township and shall be filed with the Code Official. Said application shall set forth the following information:
The name, address and telephone number of the owner.
The name, address and telephone number of the contractor.
The description and location of the property involved and a grading plan showing existing and proposed contours at two-foot intervals shall be furnished, when requested by the Code Official.
A statement of the exact nature and purpose of the proposed excavation or fill, indicating the slope of the side and the level of the finished surface, the type of earth or material to be moved, the method, manner and equipment to be used in the work, and the amount of material to be placed or excavated.
Proposed time of commencement and completion of the work.
An agreement that if the excavation of fill is not completed in accordance with the plans and specifications therefore and the permit issued therefore, then the work may be completed by the Township, the cost thereof to be paid by the owner. Failure to execute such agreement shall not constitute a waiver of this provision.
An agreement to indemnify and save harmless East Pennsboro Township and its agents from all liabilities, costs and expenses which may result from, or be a consequence of, the granting of such permit. Failure to execute such agreement shall not constitute a waiver of this provision.
An erosion and sedimentation control plan approved by the Cumberland County Conservation District.
Origin and/or destination of excavated and/or fill material.
A plan showing the route to be used by trucks hauling material.
Signatures of all owners of excavation and/or fill sites.
A plan showing property boundaries and dimensions, all adjoining property owners, all existing structures, fences, walls, etc., all existing underground and overhead public utilities (i.e., telephone, electric, sanitary and storm sewers) and the direction and distance to the nearest streams.
[Ord. 624-2000, 10/17/2000, § 5]
At the time of filing the application for a permit to excavate or fill, the applicant shall pay filing fee as set by resolution of the Board of Commissioners, which fee schedule shall be posted for public inspection in the office of the Code Official.
[Ord. 624-2000, 10/17/2000, § 6]
When, in the opinion of the Code Official, the proper investigation of an application for a permit to excavate or fill will require the services of an engineer for technical help and advice, the Code Official may consult with such engineer and require him to make inspections of the work in progress. In such cases, prior to the issuance of the permit, the Code Official shall notify the applicant of the necessity for engineering inspection, and the applicant shall pay prior to commencing work, reasonable engineering fees at current rates, to be determined by the Township Manager in advance of the issuance of the permit, and the amount thereof shall be deposited with the Township.
[Ord. 624-2000, 10/17/2000, § 7]
Within 10 days after the filing of the application for a permit to excavate or fill, the Code Official shall cause an investigation to be made and shall either issue the permit upon such conditions expressed in the permit as he shall deem necessary to comply with all of the provisions of this Part or deny such permit.
[Ord. 624-2000, 10/17/2000, § 8]
In investigating and taking action on applications for a permit to excavate or fill, the Code Official shall consider the public health, safety and general welfare and the effect thereof upon neighboring properties; and he shall deny such permit if, in his opinion, the excavation or fill would:
Unlawfully remove the lateral or subjacent support of any adjacent land.
Create a dangerous topographic condition.
Cause seepage or slides.
Improperly divert the flow of drainage waters or increase the velocity thereof.
Create a nuisance.
In any manner endanger the health, safety or property of any other person.
[Ord. 624-2000, 10/17/2000, § 9]
The Code Official shall forthwith notify the applicant of the issuance or denial of the permit, and if the applicant shall be dissatisfied therewith, he may appeal to the Board of Commissioners by filing a written notice of appeal with the Township Manager within 30 days after such notice from the Code Official, and at the same time, the applicant shall deliver to the Township Manager a list of the names and addresses of all owners of property within a radius of 300 feet from the exterior boundaries of the proposed excavation or fill.
[Ord. 624-2000, 10/17/2000, § 10]
The appeal shall be heard at the next succeeding regular meeting of the Board of Commissioners held not more than 45 days after the filing of the appeal. The Township Manager shall mail notice of such hearing at least 10 days prior thereto, to all owners within a radius of 300 feet of the exterior boundaries of the proposed excavation or fill. The hearing on the appeal may be continued from time to time. At the conclusion of the hearing, the Board of Commissioners may deny or issue a permit upon such terms and conditions as it shall deem necessary to conform to the provisions of this Part. The action of the Board of Commissioners shall be final and conclusive; and no similar application may be filed for the same property for a period of 12 months from the date of denial of the current application.
[Ord. 624-2000, 10/17/2000, § 11]
In order to minimize the danger of slides on, to or from adjacent land, the Code Official may specify in the permit the permissible angle of slope of the sides of the excavation or fill. No side of such excavation or fill may be made steeper at any point than the angle so specified in the permit unless supported by a substantial, permanent retaining wall of sufficient strength to permanently support such sides of the excavation or fill and constructed in accordance with a permit to do so, as herein provided. Such retaining wall shall be of concrete, brick, stone, or other material not subject to rapid deterioration and shall extend the full height and length of each side of such excavation or fill which is at any point made steeper in slope than the angle specified in the permit to excavate or fill. If the applicant desires to make any side of the excavation or fill steeper than the angle specified he shall file therewith, in duplicate, as aforesaid, detailed plans and specifications for such retaining wall. Upon the approval of such plans and specifications, the permit or supplemental permit to excavate or fill shall authorize the sides thereof to be made steeper than the angle of slope specified therein, if supported by a retaining wall constructed in accordance with such plans and specification and approved by the Code Official and/or Township Engineer.
The maximum slope of the side of a free standing fill slope shall be one foot of vertical measurement for three feet of horizontal measurement and the maximum slope of the side of a free standing cut slope shall be one foot of vertical measurement for two feet of horizontal measurement.
[Ord. 624-2000, 10/17/2000, § 12]
Any applicant to whom a permit to excavate is granted shall comply with the following requirements:
The bottom of the excavation shall not be lower than the level specified in the permit and shall be capable of being drained.
If, in the opinion of the Code Official, any excavation will create or aggravate a dangerous condition if left open, such excavation shall be enclosed by a fence sufficiently high, tight and strong to eliminate such dangerous condition.
Any rock, earth or other material which may be dropped or deposited on any public road or place from any vehicle transporting such materials from any such excavation shall be immediately removed in a manner and to an extent satisfactory to the Code Official at the expense of the applicant.
The applicant shall agree to indemnify and save the Township and its agents harmless from all liabilities, judgments, costs and expenses which may result from or be a consequence of the granting of such permit.
[Ord. 624-2000, 10/17/2000, § 13]
The Code Official shall require, as a condition to the granting of any permit under this Part, that the contractor deposit with the Township Manager a completion bond with such surety and in such amounts as required by the Code Official, taking into consideration the estimated costs of completion, insuring to the benefit of the Township and the general public, and guaranteeing that the contractor will complete the work in accordance with the permit. A condition of this completion bond will be that it will automatically be extended for additional periods of one year from the present or any future expiration date, unless the Township is notified in writing by certified mail, received at least 60 days prior to the then present expiration date. The Code Official may also require, as a condition to the granting of any permit under this Part, that the contractor deposit with the Township Manager the certificate of a responsible insurance company, certifying the contractor is insured for an amount of not less than the sum of $100,000 against any injury or damage to persons or property arising directly or indirectly from the performance of the contractor in making the excavation or fill for which such permit is issued.
[Ord. 624-2000, 10/17/2000, § 14]
The contractor transporting excavated or fill material for which a permit is required, on any street, alley or thoroughfare in the Township under and subject to provisions herein shall, in addition to complying with the provisions stated herein, post with the Township a maintenance bond for street repair in the amount of $__________ for corporate surety to guarantee the maintenance of said street, alley or thoroughfare. A condition of this maintenance bond will be that it will automatically be extended for additional periods of one year from the present or any future expiration date, unless the Township is notified in writing by certified mail, received at least 60 days prior to the then present expiration date.
FORM OF MAINTENANCE BOND
The form of said bond shall be as follows:
"KNOW ALL MEN BY THESE PRESENTS, that we ____________________ ____________________ (the firm applying for excavation permit) of ____________________ (firm's address) as principal, and as surety, are jointly and severally held and firmly bound unto East Pennsboro Township, Cumberland County, Pennsylvania, in the sum of $____________________ lawful money of the United States of America, to which payment will and truly be made to the said East Pennsboro Township, its attorneys, successors or assigns, we do bind ourselves, and each of us and for each of our heirs, executors administrators, successors and assigns, jointly and severally firmly by, these presents.
NOW, THEREFORE, the condition of this obligation is such that if the said principal shall indemnify and save harmless East Pennsboro Township from all damages of whatsoever kind as recited and set forth in this Part then this obligation shall be null and void, otherwise to remain in full force and effect.
The term of this bond shall be for the period of one year from the date hereof and it will automatically be extended for additional periods of one year from the present or any future expiration date, unless the Township is notified in writing by certified mail, received at least 60 days prior to the then present expiration date.
[Ord. 624-2000, 10/17/2000, § 15]
Any permit granted under this Part may be revoked by the Code Official for any reason for which the issuance of a permit might be lawfully denied or for the failure of the contractor to comply with any of the terms or conditions of the permit. Revocation shall be made only after a hearing before the Code Official after five days' written notice to the applicant, given by personal service or deposited in the United States mail, addressed to the applicant at the address given in the application. The action of the Code Official may be appealed to the Board of Commissioners as heretofore noted. If, in the opinion of the Code Official, public health, safety or welfare is endangered, the Code Official may immediately suspend any permit. Such revocation or suspension shall be in addition to any other penalties provided in this Part.
[Ord. 624-2000, 10/17/2000, § 16]
In the event that any excavation or fill for which a permit has been granted under this Part is not commenced within six months from the date of such permit, or in the event that the work of excavation or fill is at any time abandoned for a period of six consecutive months, such permit shall automatically terminate, without notice, and no further excavation or fill shall be made; provided, however, that the conditions and responsibilities in such permit shall remain binding upon the applicant to whom such permit was issued, and all legal and equitable remedies shall be available against such applicant for any breach thereof. When the amount of material excavated or filled equals the number of cubic yards authorized by the permit, no further excavation or fill shall be made until a supplemental permit has been issued. An application for a supplemental permit to continue or enlarge the excavation or fill shall set forth the same information required in the original application correcting, however, the quantity of excavation or fill and paying the additional fee therefore.
[Ord. 624-2000, 10/17/2000, § 17]
Upon completion of excavation and/or fill, as outlined by plans submitted with approved application, the owner shall submit a plan labeled "as-built plan," which shall depict, by contours, the final grading of the site where the excavation and/or fill has been completed. The plan shall note all deviations from the grading plan submitted with the approved application. Three copies of the "as-built plan" (two paper and one transparency) shall be submitted for review by the Township Engineer.
[Ord. 624-2000, 10/17/2000, § 18; as amended by Ord. 757-2009, 7/1/2009]
Any person who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.