A. 
It shall be unlawful for any person to undertake or to cause to be undertaken any land disturbance activity anywhere within the Township of Penn unless a permit has been obtained from the Code Official.
B. 
If a point source discharge will not occur, a land disturbance permit will not be required in the following situations:
(1) 
An excavation which does not exceed five feet in vertical depth at its deepest point measured from the natural ground surface if the grading does not cover an area more than 20% of the site, does not exceed 6,000 square feet, or does not exceed 250 cubic yards. This exception shall not affect the applicability of this chapter or the requirement of a grading permit for any fill made with the material from such excavation, unless such fill is within the following subsection.
(2) 
A fill which does not exceed five feet in vertical depth at its deepest point measured from the natural ground surface if the grading does not cover an area more than 20% of the site, does not exceed 6,000 square feet, or does not exceed 250 cubic yards, provided that the surfaces of such fills do not have a slope at any point steeper than five horizontal to one vertical.
(3) 
An excavation for basements and footings of a building, swimming pools, or underground structures authorized by a building permit and excavation of a driveway between a building site and the street where plot plans attached to the building permit indicate existing and proposed contours; provided, however, that a permit is required for excavation of a driveway between the building site and the street when conditions other than those set forth in Subsection B(1) and (2) above make such permit necessary. This exception shall not affect the applicability of this chapter to or the requirement of a grading permit for any fill made with the material from such excavation, unless such fill is within the previous subsection. A grading permit shall not be required for temporary stockpiling on the same site of the material from such excavation.
(4) 
A single-family house site where the maximum slope between property lines or the maximum excavation or fill, exclusive of the situations referred to in the previous subsection, do not exceed the slopes or quantities set forth:
Area of a Single-Family House Site to Be Graded
(square feet)
Maximum Slope Without a Permit
(percentage)
Maximum Excavation Without a Permit
(cubic yards)
Less than 12,000
12%
100
From 12,000 to 30,000
15%
200
Over 30,000
20%
250
A. 
Application. Every applicant for a permit shall file a written application with the Code Official. 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 that will readily identify and definitely locate the proposed work.
(2) 
Be accompanied by plans and specifications prepared by a registered professional engineer or surveyor:
(a) 
A contour map showing the existing and proposed contours at a scale of one inch equals 50 feet and a contour interval of not less than two feet.
(b) 
A plan showing cross sections of the proposed cut on fifty-foot intervals which show the method of benching both cut and/or fill. Under no circumstances shall there be less than two cross sections for each property involved under said permit.
(c) 
A plot plan showing the location of the grading, boundaries, lot lines, neighboring streets and rights-of-way, existing and proposed buildings, existing water and sanitary lines, storm drainage, existing utility lines, existing trees 10 inches and over in diameter (measured two feet above the ground) and other data to show the location of all work.
(d) 
Description and classification of the soils located on the site.
(e) 
Details and location of watercourses and tributaries (either named or unnamed).
(f) 
Area and details of paving and any proposed drainage structures and pipes.
(g) 
Details of walls and cribbing.
(h) 
Details of bridge and/or culverts required to cross over watercourses.
(i) 
Nature of fill material.
(j) 
Any such other information as the Code Official may require to carry out the purpose of this chapter.
(k) 
All plans shall be dated and shall bear the name and seal of the registered professional engineer who prepared the same, the name of the applicant, and the name of the owner of the land.
(l) 
All plans shall be submitted in triplicate.
(m) 
All plans shall include detailed drawings of an erosion and sedimentation control plan approved by the Westmoreland County Conservation District.
(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.
(5) 
The Code Official may waive the requirement of any or all plans and specifications listed in the previous subsection if he finds that the information on the application is sufficient to show that the work will conform to the provisions of this chapter.
B. 
Issuance of permit.
(1) 
The Code Official shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this chapter and other applicable codes and ordinances.
(2) 
Prior to the issuance of any permit, the Code Official shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act, Act 537 of 1967, as amended[1]; the Pennsylvania Dam Safety and Encroachments Act, Act 325 of 1978, as amended[2]; the Pennsylvania Clean Streams Law, Act 394 of 1937, as amended[3]; the United States Clean Water Act, Section 404, 33 U.S.C. § 1344; and the Pennsylvania One Call System, Act 187 of 1996, as amended. No permit shall be issued until this determination has been made.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
[2]
Editor's Note: See 32 P.S. § 693.1 et seq.
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.
(3) 
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Township of Penn and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands. In addition, the Federal Flood Insurance Code Official and Pennsylvania Department of Community and Economic Development, Bureau of Community Planning, shall be notified by the Township of Penn prior to any alteration or relocation of any watercourse.
(4) 
The Code Official shall act on the application within 30 days of receipt of a completed application. If the Code Official does not act upon said application within 30 days, the permit shall be deemed approved.
(5) 
The permit and all plans and specifications shall be kept at the work site during the progress of the work.
C. 
Denial of permit.
(1) 
Where, in the opinion of the Code Official, the work as proposed by the applicant is likely to endanger any person, any property, or any street or way, the Code Official shall deny the permit.
(2) 
In determining whether the proposed work is likely to endanger property, streets or alleys, or streams, or create hazardous situations, or damage the ecology of the area, the Code Official shall give due 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 and extent of removal, if any.
D. 
Appeal of denial of permit.
(1) 
The applicant may appeal the decision of the Code Official to the Township, which may consider alternate methods, standards, or materials proposed by the applicant.
(2) 
Any request for modifications of the applicable stormwater management standards, specifically the standards governing allowable peak rate stormwater runoff, shall be determined in accordance with the Penn Township Floodplain Management Ordinance (Chapter 86 of the Code of the Township of Penn).
E. 
Fees. Before issuance of a permit, the Code Official shall collect a permit fee in the amount as set forth by the Township of Penn. The Township shall adopt, by separate resolution, the applicable fee schedule.
F. 
Bond.
(1) 
Before issuance of a permit, the applicant shall post a bond, with corporate surety or other approved security, in an amount of 25% of the estimated cost of the work to guarantee the completion of said work, which shall include the estimated cost of surface treatment, drainage, clean fill, slope stability, and an erosion and sedimentation control plan contemplated by the permit.
(2) 
In the event that the permit will affect more than 50,000 square feet or more than 30,000 cubic yards, then a security agreement shall be required by the Board of Commissioners of the Township of Penn, in accordance with a security agreement supplied by the Township of Penn.
(3) 
No activity shall commence and no permit shall be issued until the formal agreement, if required, is signed by both parties and, in all cases, the bond is posted.
G. 
Expiration of permit. Every permit shall expire 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 issuance. The Code Official 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. The application for the extension of time shall be made before the date of expiration of the permit.
A. 
Excavation standards.
(1) 
No excavation shall be made with a cut face steeper in slope than two horizontal to one vertical, except under one or more of the following conditions:
(a) 
The excavation is located so that a line having a slope of two horizontal to one vertical and passing through any portion of the cut face will be entirely inside the property lines of the property on which the excavation is made.
(b) 
The material in which the excavation is made is sufficiently stable to sustain a slope steeper than two horizontal to one vertical and a written statement of a professional engineer, licensed by the Commonwealth of Pennsylvania and experienced in erosion control, to that effect is submitted to the Code Official and approved by him. The statement shall state that the site has been inspected and that the deviation from the slope specified above will not result in increased risk of injury to persons or damage property.
(c) 
A retaining wall or other approved support designed by a registered professional engineer and said design approved by the Code Official is provided to support the face of the excavation.
(2) 
The Code Official may require an excavation to be made with a cut face less (flatter) in slope than two horizontal to one vertical if he finds that the material in which the excavation is to be made is unusually subject to erosion or if other conditions exist which, under applicable engineering practice, make such flatter cut slope necessary for stability and safety.
(3) 
Excavations adjacent to any footing, foundation, or structure shall not extend below the angle of repose or natural slope of the soil under the nearest point of the same unless such footing, foundation, or structure is first properly underpinned or protected against settlement.
(4) 
Before commencing any excavation which will in any way affect an adjoining property or structure thereon, the person making or causing the excavation to be made shall notify, in writing, the owners of adjoining buildings not less than 30 days before such excavation is to be made. Adjoining properties and structures shall be protected as provided in the Township of Penn Building Code and/or as required by the Code Official.
B. 
Fill standards.
(1) 
No fill shall be made which creates any exposed surface steeper in slope than two horizontal to one vertical, except under one or more of the following conditions:
(a) 
The fill, in the opinion of the Code Official, is located so that settlement, sliding, or erosion of the fill material will not result in property damage or be a hazard to adjoining property, streets, alleys, or structures.
(b) 
A written statement of a professional engineer, licensed by the Commonwealth of Pennsylvania and experienced in erosion control, to that effect is submitted to the Code Official and approved by him. The statement shall state that the site has been inspected and that the deviation from the slope specified above will not result in increased risk of injury to persons or damage property.
(2) 
The Code Official may require that the fill be constructed with an exposed slope less (flatter) than two horizontal to one vertical if he finds that under the particular conditions such flatter slope is necessary for stability and safety.
(3) 
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, said time limit to be determined by the Code Official 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.
(4) 
When the fill is other than clean soil or earth, the Code Official 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.
(5) 
All fills shall be compacted to provide stability of material and to prevent undesirable settlement.
(6) 
The fill shall be spread in a series of layers, each not exceeding 12 inches in depth, and shall be compacted by a sheep's-foot roller or other approved method after each layer is spread.
(7) 
Where fills are placed on slopes of 5% or more, benching of the surface shall be required and indicated on the cross sections.
(8) 
The Code Official may require tests or other information if, in his opinion, the conditions or materials are such that additional information is necessary.
(9) 
The movement of earth in the course of farming or agricultural work or private landscaping.
C. 
Ground cover.
(1) 
In order to prevent erosion, the permit holder shall be required to provide adequate surface treatment by installing ground covering of such kind and character as may be approved by the Code Official.
(2) 
The ground covering shall be grass, crown vetch, or other approved variety of vegetation.
D. 
Drainage.
(1) 
Adequate provisions shall be made to prevent any surface waters from damaging the cut face of an excavation or the sloping surface of a fill.
(2) 
The Code Official shall require such drainage structures or pipes to be constructed or installed which are necessary to prevent erosion damage and to satisfactorily carry off surface waters.
(3) 
All drainage provisions shall be of such design so that the peak discharge for all stormwater outfalls on site shall be in conformance with the performance standards set forth herein.
E. 
Maintenance.
(1) 
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, satisfactorily to the Township, and subject to such further conditions as the Township may prescribe.
(2) 
The certificate of completion, therefore, may, at any time, be revoked by the Board of Commissioners, in accordance with the procedures set forth by the certificate of completion subsection, 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.
F. 
Protection of adjacent property and utilities.
(1) 
Prevention of slides or washes. Materials shall not be permitted to roll, slide, flow, or wash onto adjacent private or public property. Where necessary, walls, cribbing, silt fence, or benching shall be utilized to comply with this requirement.
(2) 
Horizontal distance of excavation or fill slope from property or easement line.
(a) 
The horizontal distance from the toe or top of the excavation or fill slope line shall be five feet or 1/2 of the vertical height of the fill or excavation from any adjoining property or easement line, whichever is greater, but such distance need not exceed 10 feet.
(b) 
The Code Official shall have the authority to modify this requirement in instances where it is demonstrated that such modification is needed to secure desirable interrelationships between properties and will not result in a condition detrimental to the adjacent property.
(3) 
Support and protection of public utilities and public streets.
(a) 
A plan shall be in effect for proper support and protection from drainage resulting from the operation for all public and private utilities, whether on the surface, beneath the ground surface, or overhead, and, when necessary, for the repair, replacement, or relocation of such utilities.
(b) 
The surface and other facilities or public streets shall be fully restored by the permit holder in the event of such damage.
(c) 
The permit holder shall correct any damage to the utility involved before the Code Official issues the completion certificate.
G. 
Fencing. Should the nature of land operation, in the opinion of the Code Official, create a hazard to persons or property unless adequately fenced, the permit holder shall construct such fences or guide rails as safeguards to persons using adjoining property, public or private.
H. 
General requirements.
(1) 
Any excavations within a floodway or floodplain must follow the guidelines as set forth in the floodplain management section.
(2) 
A temporary construction fence not less than four feet in height, or a design approved by the Code Official and meeting Township fence requirements, shall be placed at the top of all cuts or fills with slopes in excess of two horizontal to one vertical.
(3) 
The permit holder and owner of a property shall be responsible to protect and clean up lower properties of silt or debris washing from his property as a result of the regrading of his property.
(4) 
In order to prevent the denuding of the landscape, large trees and other natural features constituting important physical, aesthetic, and economic assets to existing or impending suburban development shall be preserved. The developer is referred to § 190-58, Buffer areas; landscaping, of the Code of the Township of Penn.
(5) 
All grading, excavating, or fill shall be performed so that no unnecessary dust shall be raised. The Code Official may enforce reasonable dust-control regulations and may revoke any permit issued under this chapter until proper dust-control regulations are met.
I. 
Certificate of completion.
(1) 
If, upon final inspection of an excavation or fill, it is found that the work authorized by the permit has been satisfactorily completed in accordance with the requirements of this chapter, a certificate of completion covering such work and stating that the work is approved shall be issued to the permit holder by the Code Official.
(2) 
The Board of Commissioners shall have the power to revoke any certificate of completion upon the recommendation of the Code Official that the work covered by the certificate has been materially extended or altered without a permit so to do or that any retaining walls, cribbing, drainage structures, fences, 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 Code Official 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 may be revoked. If the defective condition is remedied, the certificate shall not be revoked. Such conditions shall be corrected within 30 days' notice to the owner to correct the same.
(4) 
Following the issuance of a certificate of completion, and provided that as a minimum 90% of the proposed homes are constructed, the developer's completion guarantee bond will be released by the Township.
J. 
During any stage of the regulated earth disturbance activities, if the Township or its designee determines that any BMPs are not being implemented in accordance with this chapter, the Township may suspend or revoke any existing permits or other approvals until the deficiencies are corrected.