[HISTORY: Adopted by the Board of Supervisors
of the Township of New Garden 9-8-2003 by Ord. No. 152. Amendments noted where
applicable.]
A.
Title. This chapter shall be known and may be cited
as the "New Garden Township Lot Alteration Ordinance."
B.
Purpose. The purpose of this chapter is to provide
minimum standards to safeguard persons, to protect property and the
environment and to promote the public welfare by regulating and controlling
the design, construction, quality of materials, use, location and
maintenance of grading, excavation, fill and removal of trees.
Wherever used in this chapter, the following
words shall have the meanings indicated:
Any permit issued by the Township officer pursuant to the
provisions of the New Garden building code[1] for the construction, erection or alteration of a structure
or building.
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced,
relocated or bulldozed, and shall include the conditions resulting
therefrom.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, dumped, pulled, transported or moved to a new
location, and shall include the conditions resulting therefrom.
The elevation of the existing ground surface at the location
of any proposed excavation or fill.
Excavation or fill or any combination thereof, and shall
include the conditions resulting from any excavation or fill.
Any permit required under this chapter for changing the grading
of a lot or a portion of a lot or for the removal of trees and foliage.
A natural person, but shall also include a partnership or
corporation.
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.
Any tree with a diameter of 10 inches or more.
A.
No person shall commence or perform any grading, excavation,
fill or tree removal without first having obtained a lot alteration
permit from the Township. A separate lot alteration permit shall be
required for each site. One permit may cover both an excavation, any
fill or tree removal made on the same site.
B.
A lot alteration permit will not be required, however,
in the following situations, provided that the following situations
do not have any of the following conditions: steep slopes, floodplain
or wetlands. In all other respects the provisions of this chapter
shall apply.
(1)
An excavation which does not exceed three feet in
vertical depth at its deepest point measured from the natural ground
surface nor cover an area of more than 1,000 square feet. This exception
shall not affect the applicability of this chapter to or the requirement
of a lot alteration permit for any fill made with the material from
such excavation.
(2)
A fill which does not exceed 10 cubic yards of material
on any one site or a fill which does not exceed three feet in vertical
depth at its deepest point measured from the natural ground surface
nor cover an area of more than 2,000 square feet, 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 below finished grade for basements and
footings of a building, swimming pool or underground structure authorized
by a building permit and excavation for a driveway between a building
site and the street. This exception shall not affect the applicability
of this chapter to or the requirement of a lot alteration permit for
any fill made with the material from such excavation. A grading permit
shall be required for the temporary stockpiling on the same site of
the material from such excavation.
(4)
Removal of five trees or less in a twelve-month period,
provided that the trees are not street trees, part of a land development
landscaping plan or on a deed-restricted parcel.
(5)
Any excavation regulated or permitted under a Pennsylvania
mining permit.
C.
Any lot alteration regardless of size that could divert
or in anyway adversely impact neighboring properties requires a lot
alteration permit.
D.
A lot alteration permit will not be required where the activity requires the approval of a stormwater management site plan and issuance of a stormwater management permit under Chapter 165, Stormwater Management; however, the stormwater management site plan shall comply with any more stringent requirement of this chapter as determined by the Township.
[Added 11-25-2013 by Ord. No. 202]
A.
Every applicant for a lot alteration permit shall
file a written application with the Township. 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 definitely locate the proposed work.
(2)
Plan requirements.
[Amended 2-25-2013 by Ord. No. 197]
(a)
Be accompanied by plans and specifications prepared by a registered
engineer, landscape architect or surveyor, including a contour map
showing the present contours of the land and the proposed contours
of the land after completion of the proposed grading; a plot plan
showing the location of the grading, boundaries, lot lines, steep
slopes, wetlands, floodplains, neighboring streets and alleys, buildings,
trees over 10 inches in diameter two feet above the ground and sufficient
dimensions and other data to show the location of all work; a description
of the type and classification of the soil; details and the location
of any proposed drainage structures and pipes, walls and cribbing;
and the nature of fill material and such other information as the
Township and/or Township Engineer may require to carry out the purposes
of this chapter. All plans shall be dated and bear the name of the
person who prepared the same, the applicant and the owner of the land.
Plans shall be submitted in triplicate.
(3)
State the estimated dates for the starting and completing
of the lot alteration work.
[Amended 2-25-2013 by Ord. No. 197]
(4)
State the purpose for which the lot alteration application
is filed.
(5)
Be accompanied by an approved erosion and sedimentation
control plan. Said approval shall be by the Chester County Conservation
District.
[Amended 2-25-2013 by Ord. No. 197]
B.
The Township and/or the Township Engineer may waive the requirement for any or all plans and specifications listed in Subsection A hereof if the information on the application is sufficient to document that the proposed scope of work will meet the requirements of this Chapter 112.
[Amended 2-25-2013 by Ord. No. 197]
[Amended 4-3-2006 by Ord. No. 165]
The permit fee for lot alteration permits shall
be an amount as set from time to time by resolution of the Board of
Supervisors for every 1,000 square feet disturbed, plus any engineering
fees, if necessary, incurred by the Township.
Every lot alteration 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 Township
may, if the permit holder presents satisfactory evidence that unusual
difficulties have prevented work being started or completed within
the specific 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.
A.
Where, in the opinion of the Township and/or Township
Engineer, the work as proposed by the applicant is likely to endanger
any property or any street, alley or the environment, he shall deny
the lot alteration permit. In determining whether the proposed work
is likely to endanger property or streets, alleys or the environment
or create hazardous conditions, the Township Engineer shall give due
consideration 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 or rock.
B.
The Board of Supervisors shall consider promptly appeals
from the provisions of this chapter or from the determination of the
Township Engineer or the Director of the New Garden Township Department
of Codes and Regulations Enforcement, and the Board 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 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.
A.
The Township and/or Township Engineer shall, when
requested, make 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 and/or 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 and/or
the Township Engineer in order to obtain inspections in accordance
with the following schedule and at least 24 hours before the inspection
is to be made:
(1)
Initial inspection: when work on the excavation, fill
or tree removal is about to be commenced.
(2)
Rough grading: when all rough grading has been completed.
(3)
Drainage facilities: when drainage facilities are
to be installed.
(4)
Special structures: when excavations are complete
for retaining and crib walls and 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, alleys or the environment or create
hazardous conditions, the Township Engineer 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 or terracing, compaction or
cribbing.
A.
No excavation shall be made with a cut face steeper
in slope than one horizontal to one vertical, except under one or
more of the following conditions:
(1)
The excavation is located so that a line having a
slope of one 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.
(2)
The material in which the excavation is made is sufficiently
stable to sustain a slope of steeper than one horizontal to one vertical
and a written statement of a civil engineer, licensed by the Commonwealth
of Pennsylvania and experienced in erosion control, to that effect
is submitted to the Township Engineer 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 injury of persons
or damage to property.
(3)
A retaining wall or other approved support is provided
to support the face of the excavation.
B.
The Township Engineer may require an excavation to
be made with a cut face flatter in slope than one horizontal to one
vertical if he finds that the material in which the excavation is
to be made unusually subject to erosion or if other conditions exist
which make such flatter cut slope necessary for stability and safety.
C.
Excavation shall not extend below the angle of repose
or natural slope of the soil under the nearest point of any footing
or foundation of any building or structure unless such footing or
foundation is first properly underpinned or protected against settlement.
D.
Before commencing any excavation which will in any
way affect an adjoining property or structures 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 that the excavation is to be made.
A.
No fill shall be made which creates any exposed surface
steeper in slope than 1 1/2 horizontal to one vertical, except
under one or more of the following conditions:
(1)
The fill, in the opinion of the Township Engineer,
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 buildings.
(2)
A written statement from a civil engineer licensed
by the Commonwealth of Pennsylvania and experienced in erosion control,
certifying that he has inspected the site and that the proposed deviation
from the slope specified above will not endanger any property or result
in property damage, is submitted to and approved by the Township Engineer.
B.
The Township and/or Township Engineer may require
that the fill be constructed with an exposed surface flatter than
1 1/2 horizontal to one vertical if he finds that under the particular
conditions such flatter surface is necessary for stability and safety.
C.
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:
(1)
The fill shall be completed within a reasonable length
of time, said time limit to be determined by the Township Engineer
and to be specified on the grading permit.
(2)
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.
Where the nature of the fill requires, the Township Engineer 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 operation.
(3)
No lot alteration permit shall be issued for the filling
of materials other than clean soil or earth unless the materials are
approved by the necessary regulatory agencies.
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, each not exceeding 12 inches in thickness,
and shall be compacted by a sheepsfoot roller or other approved method
after each layer is spread. The Township and/or the Township Engineer
may require tests or other information if, in his opinion, the conditions
of materials are such that additional information is necessary.
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. Slopes of more than 10 feet in vertical
height shall be separated by level berms of at least four feet in
width. Berm ditches shall be constructed where necessary to prevent
erosion. All drainage provisions shall be of such design as to carry
surface waters to the nearest practical street, storm drain or natural
watercourse approved by the Township Engineer as a safe place to deposit
and receive such waters. The Township Engineer may require such drainage
structures or pipes to be constructed or installed which, in his opinion,
are necessary to prevent erosion damage and to satisfactorily carry
off surface waters.
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 and other
protective devices.
A.
The top or bottom edge of slopes shall be at least
three feet from property or right-of-way lines of streets in order
to permit the normal rounding of the edge without encroaching on the
abutting property. At property lines where walls or slopes are steeper
than 1:1 and six feet or more in height, they shall be protected by
a substantial fence three feet or more in height. Before a grading
permit is issued, a bond may be required to guarantee the protection
of steep slopes.
B.
The owner of a property shall be responsible to protect
and clean up lower properties of silt and debris washing from his
property as a result of the regrading of his property.
C.
In order to prevent the denuding of the landscape,
wherever practicable, large trees and other natural features constituting
important physical, aesthetic and economic assets of existing or impending
suburban development shall be preserved.
Upon completion of the permitted work the property
owner shall deliver to the Township a certification of grading. Said
certification of grading shall have been prepared and signed by a
registered engineer. The certification of grading shall certify that
the grading and conditions on the property conform with the plans
submitted in order to obtain the lot alteration permit.
A.
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 chapter.
B.
When written notice of a violation of any of the provisions
of this chapter has been served by the Township Engineer on any person,
such violation shall be discontinued immediately.
C.
Any person violating any of the provisions of this
chapter shall be liable, on conviction thereof, to a penalty not exceeding
$1,000 for each and every offense, and whenever such person shall
have been notified by any Township officer by service of a summons
in a prosecution or in any other way that he is committing such violation
of this chapter, each day that he shall continue such violation after
such notification shall constitute a separate offense punishable by
a like fine or penalty. Such fines or penalties shall be collected
as like fines or penalties are now by law collected.
In case any work is performed by any person
in violation of any of the provisions of this chapter, 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.
