[HISTORY: Adopted by the Board of Commissioners
of the Township of Butler 2-4-1974 by Ord. No. 497 (Ch. XIII, Part 7, of
the 1965 Code); amended in its entirety 10-5-1998 by Ord. No. 765. Subsequent amendments noted where applicable.]
The purpose of this chapter is:
A.
To provide minimum standards to safeguard persons,
protect property and promote the general welfare by preventing excess
erosion, hazardous rock and soil slippage, sediment production and
other soil and water management problems by regulating and controlling
the design, construction, quality of materials, use, location, and
maintenance of grading, excavations and fills.
B.
To establish performance standards which ensure land
use practices respectful of the natural topography and capabilities
of the land.
C.
To encourage maximum retention of natural topography
and vegetative features on hillsides.
D.
To prevent earthflow and rockfall landslides.
E.
To encourage imaginative and innovative site development
and building design that adapts to and takes advantage of the best
use of the natural terrain.
This chapter concerns new grading, excavation
and fills; and changes, additions or alterations made in existing
excavations, fills and embankments which shall conform to the provisions
of this chapter.
The Butler Township Board of Commissioners shall
designate the Zoning Officer or his authorized representative for
review, approval and granting of grading permits and to make inspections
of the grading work.
A.
A separate grading permit shall be required for each
site. One permit shall cover all grading, excavation, and any fills
made on the same site.
B.
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 subdivision or a land development, when the standards
for grading of the entire parcel are satisfactory to and approved
by the Zoning Officer or his authorized representative.
An approved site plan, a building permit or
both are prerequisite to the granting of any grading permit.
[Amended 9-5-2012 by Ord.
No. 867]
A grading permit shall be required for an activity that exceeds
one or all of the following:
[Added 9-5-2012 by Ord.
No. 867]
A grading permit shall not be required for any
of the following:
A.
An excavation below finished grade for basements and footings of a building, swimming pool or underground structure authorized by a building permit and an excavation of a driveway between a building site and the street. This subsection shall not be deemed to nullify the application of this chapter, or any requirement for obtaining a grading permit, with respect to any fill made with the material from such an excavation unless otherwise excused by Subsections B and C of this section.
B.
Soil excavated under the authorization of a properly
issued building permit which is temporarily stockpiled on 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.
C.
A building site improved under authorization of a
properly issued building permit, where the maximum natural gradient
between property lines or the maximum excavation or fill do not exceed
the grades or quantities set forth in the following table:
|
One-Family House Site Area of Lot
(square feet)
|
Maximum Gradient Without Permit
|
Maximum Excavation or Fill Without Permit
(cubic yards)
| |
|---|---|---|---|
|
Less than 10,000
|
20 in 100 feet
|
200
| |
|
10,000 to 24,000
|
25 in 100 feet
|
400
| |
|
24,000 to 44,000
|
25 in 100 feet
|
500
| |
|
Over 44,000
|
30 in 100 feet
|
700
|
D.
Exploratory excavations under the direction of a soils
engineer or engineering geologist.
E.
Excavations for wells, tunnels, public utilities or
cemetery graves.
F.
A permit shall not be required for work performed
by the Township, or of contractors employed by the Township, in a
public street or alley, Township park, playground or recreation area
or on other Township property.
For the purpose of this chapter, certain terms
and words are herein defined:
Zoning Officer or his authorized representative.
Any landowner or agent of a landowner who proposes to make
or causes to be made any excavation, fill or any combination thereof
pursuant to the provisions of 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.
UCC Uniform Construction Code.
[Amended 9-5-2012 by Ord.
No. 867]
A registered professional engineer in the Commonwealth of
Pennsylvania, and knowledgeable in civil engineering.
A person who holds a degree in geology from an accredited
college or university and who has training and experience in the field
of engineering geology.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity, including such processes as gravitational
creep.
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.
Shall be defined as either of the following: those slopes
as identified on the soil group map as steep slopes of 25% or more;
or any virgin area where, in a one-hundred-foot horizontal distance,
the average slope exceeds 25%.
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.
Areas designated by the Federal Emergency Management Administration
and other areas known to be subject to flooding.
A report prepared by a soils engineer or engineering geologist.
The elevation of the existing or proposed ground surface
at the location of any proposed excavation or fill.
Excavation or fill, or any combination thereof, including
the conditions resulting from any excavation or fill.
A grading operation in excess of 5,000 cubic yards and performed
in conformance with a grading plan prepared by a professional engineer.
A grading operation of less than 5,000 cubic yards. Where
the site conditions warrant, the Zoning Officer or his authorized
representative may require the submission of a report on the site
as prepared by professional engineer, soils engineer or engineering
geologist.
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.
Those soil formations whose characteristics are classified
as being landslide-prone or otherwise sensitive in the Soil Survey
of Butler County.
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 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
of standards set forth in this chapter, and which is more than two
feet in height as measured on the exposed vertical surface of the
wall.
A lot, tract or parcel of land, but may be 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.
The angle of the existing or proposed ground surface plane
to the horizontal expressed as the ratio of the horizontal to the
vertical, or in percentage of slope (rise or fall per 100 feet).
The Soil Survey of Butler County, Pennsylvania, as prepared
by the USDA Soil Conservation Service.
A registered professional engineer in the Commonwealth of
Pennsylvania having training and experience in soils engineering.
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,
and other such materials whose disposal is regulated by the Pennsylvania
Department of Environmental Protection.
Slopes where, in a one-hundred-foot horizontal distance,
the average slope exceeds 25%.
The Subdivision and Land Development Ordinance, as amended, being Chapter 252 of the Butler Township Code.
The Zoning Ordinance, as amended, being Chapter 300 of the Butler Township Code.
Unless otherwise expressly stated, the terms
and words shall, for the purpose of this chapter, have the meaning
herein indicated. Words used in the singular number include the plural,
and words in the plural include the singular; words in the masculine
gender include the feminine and neuter; and the word "building" includes
the word "structure," and the word "structure" includes the word "building."
A.
Every applicant for a grading permit shall file a
written application, plans, specifications and a soil conservation
report therefor with the Zoning Officer or his authorized representative
in a form prescribed by the Zoning Officer or his authorized representative.
The application shall indicate that the proposed grading is to be
regular grading or engineered grading and 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 starting and completion
of grading work.
(3)
State the purpose for which the grading application
is filed.
B.
The plans and specifications shall accurately portray
and describe the site and proposed soil erosion controls. 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
or the applicant or an agent or tenant.
(4)
Accurate location by lot, block, tract, street address,
a location map or other similar information.
(5)
A contour map showing the present contours of the
land and the proposed contours after completion of the proposed grading
at two-foot intervals where the average slope is 10% or less and at
five-foot intervals where the average slope exceeds 10%.
(6)
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 not be less than two cross-sections
for each site.
(7)
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.
(8)
A description of the type and classification of the
soil from the soil survey, other standard surveys, or from other methods.
(9)
All plans shall comply with Chapter 242, Stormwater Management, of the Code of the Township of Butler.
[Amended 5-16-2011 by Ord. No. 855]
(10)
Seeding locations and schedules, debris basins, diversion
channels.
(11)
The nature of fill material and such other information
as the Zoning Officer or his authorized representative may require
to carry out the purpose of this chapter.
(12)
The name and seal of the professional engineer who
prepared said plans, except that the Zoning Officer or his authorized
representative may waive the preparation or approval and signature
by the professional engineer, an architect, or a landscape architect,
only when it is self-evident that the proposed work is simple, clearly
shown on the plans submitted, creates no potential nuisance to the
adjacent property or hazardous conditions and does not include the
construction of a fill on landslide-prone soils or upon which a structure
may be erected.
C.
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 and surface water disposal problems.
D.
Trees and natural ground cover shall be retained wherever
possible to minimize the impact of the development on the site and
environment.
F.
An erosion and sedimentation control plan in accordance with Pennsylvania
Department of Environmental Protection requirements must be submitted.
[Added 9-5-2012 by Ord.
No. 867]
A.
The Zoning Officer or his authorized representative
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 overlay maps such as the Coal
Resource Maps prepared by USGS, 1975, for the Greater Pittsburgh Region
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.
In special cases, when grading occurs in areas of
landslide-prone soil, or rockfall-prone areas as recognized by the
soil survey, or other standard surveys, the Zoning Officer or his
authorized representative may require special precautions prior to
issuing a permit from the applicant. The results of all soil tests
and core borings made relative to the site shall be submitted to the
Zoning Officer or his authorized representative.
C.
The Zoning Officer or his authorized representative may deny a grading permit if the use of land to be graded, either excavation or filling, is not specifically known except for the intent of improving the site. The Zoning Officer or his authorized representative shall review the application, plans, specifications and reports and determine whether the project will improve the site, is in the best interest of the Township, and is not detrimental to the environment. The applicant may appeal the Zoning Officer or his authorized representative's decision to the Zoning Hearing Board by preparing and submitting a site plan showing the development of the land in accordance with Chapter 252, Subdivision and Land Development.
D.
When the requirements of this chapter for obtaining
a permit have been met, the Zoning Officer or his authorized representative
shall approve the application and proposed plan and grant a grading
permit to the applicant.
E.
The Zoning Officer or his authorized representative may waive the requirement of any or all plans and specifications listed in this chapter, if he finds that the information on the application is sufficient to show that the work will conform to the provisions of this chapter. Said agreement may be incorporated in the developer's agreement as required in Chapter 252, Subdivision and Land Development.
In the event that the applicant will move or grade an area of more than 50,000 square feet, or grade more than 10,000 cubic yards, then a formal agreement will be prepared by the applicant at his own cost and expense, and must be approved as to form by the Township Solicitor. Said agreement may be a part of, and incorporated in, a developer's agreement as required by Chapter 252, Subdivision and Land Development.
Every grading permit shall expire and become
null and void if the work authorized by said permit has not been commenced
within 90 days or is not completed within one year from the date of
issue, provided that the Zoning Officer or his authorized representative
may, if the permit holder presents satisfactory evidence that unusual
difficulties have prevented work from 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.
A.
If the Zoning Officer or his authorized representative
determines that the work proposed by the applicant is likely to endanger
any property or person, or any street or alley, or create hazardous
conditions, the grading permit shall be denied. In determining whether
proposed work is likely to endanger property or streets or alleys,
or create hazardous conditions, the Zoning Officer or his authorized
representative shall consider, among other relevant factors, the following:
possible saturation by rains, earth movements, surface water runoff,
and subsurface conditions such as the stratification and faulting
of rock, aquifers, mine conditions, springs and the nature and type
of the soil or rock.
B.
Any person who is aggrieved by the application of
the provisions of this chapter may, within 15 days from the date of
denial of the permit or such other adverse determination by the Zoning
Officer or his authorized representative, file a written appeal therefrom
to the Zoning Hearing Board.
A.
The Zoning Officer or his authorized representative
shall make the inspections 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 provisions of this chapter.
B.
Grading and drainage plans approved by the Zoning
Officer or his authorized representative shall be maintained at the
site during the progress of the grading and drainage and until the
work has been approved.
C.
The permit holder shall submit to the Zoning Officer
or his authorized representative an as-built drawing of the project
before the issuance of a grading certificate of completion.
D.
The permit holder shall notify the Zoning Officer
or his authorized representative in order to obtain inspections in
accordance with the following schedule, and such notification shall
be made by the permit holder at least 48 hours before the inspection
is made:
(1)
Initial inspection. When work is about to be commenced
and stake out is completed.
(2)
Rough grading. When all rough grading has been completed.
(4)
Additional inspection. When in the opinion of the
Zoning Officer or his authorized representative other inspections
are necessary.
(5)
Final inspection. When all work, including the installation
of all drainage, landscaping and other structures, has been completed.
E.
If at any stage of the work the Zoning Officer or
his authorized representative shall determine by inspection that the
nature of this excavation or fill is such that further work as authorized
by an existing permit is likely to endanger any property, or streets,
or alleys, or create hazardous conditions, the Zoning Officer or his
authorized representative may require, as a condition to allowing
the work to be done, that such reasonable safety precautions be taken
as the Zoning Officer or his authorized representative considers acceptable
to avoid such likelihood of danger.
Any physical changes from the original plan
uncovered in the site during the construction, such as surface water
drainage, soil and bedrock dislocations, alteration of 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 Officer or his authorized representative
by the permit holder. If the circumstances dictate, the Zoning Officer
or his authorized representative shall revoke the permit or otherwise
modify the conditions upon which the permit was initially issued.
A.
At the time of application, the applicant shall pay
an application review fee to cover the Township cost of reviewing
application documents. Any additional charges incurred by the Township
to review the application of an excavation permit shall be borne by
the applicant. Any application fees not expended by the Township shall
be returned to the applicant within a reasonable period of time.
B.
Fees for review of application and inspections of
regular grading permits shall be in accordance with the schedule set
forth in the applicable resolution of the Board of Commissioners.
C.
Fees for review of application and inspections of
engineered grading permits shall be in accordance with the schedule
set forth in the applicable resolution of the Board of Commissioners.
D.
Should the work require the use or occupancy of Township
roads or streets for access by heavy construction equipment, or for
hauling of spoil or borrow material, a separate bond shall be required
to guarantee the repair of pavements, curbs and sidewalks damaged
during the grading operation.
E.
As a condition of approval of an engineered grading
permit under this chapter, the applicant shall post a cash or performance
bond or other security acceptable to the Township in the amount of
110% 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 Zoning Officer or his authorized representative.
The Township Manager shall be the final arbiter as to the reasonableness
of any cost estimates.
F.
Upon completion of the grading under an engineered grading permit, a maintenance bond in amount of 15% of the cost estimated as determined in Subsection E shall be posted (payable to Butler Township) for a period of 18 months.
G.
No bond shall be required if another bond or approved
security is posted for construction and/or site improvements which
already covers the cost of grading and other control facilities.
If, upon final inspection of the site for which
a permit has been issued, it is found that the work is authorized
by the grading permit has been satisfactorily completed in accordance
with the requirements of this chapter, a grading certificate of completion
covering such work and stating that the work is approved, shall be
issued to the permit holder by the Zoning Officer or his authorized
representative.
A.
The owner of any property on which an excavation or
fill has been made shall maintain in good condition and repair the
excavation or fill permitted, and also all retaining walls, cribbing,
drainage structures, fences, ground cover, and other protective devices
as may be a part of the permit requirements.
B.
The continued use of said area shall be contingent
upon the proper maintenance and upkeep of all the above-mentioned
items, satisfactory to the Township and subject to such further conditions
as the Township may prescribe from time to time to keep the site in
proper condition.
C.
The grading certificate of completion may be revoked
by the Zoning Officer or his authorized representative, where the
conditions of the permit are not being observed, the work covered
by the permit has been materially extended or altered without a permit
to do so, or conditions exist which prejudice the health, safety and
welfare of any person, persons or property. Before such revocation,
the Zoning Officer or his authorized representative shall first give
written notice to the permit holder and to the owner of the property
involved, specifying the defect or unsatisfactory condition involved,
and advising that unless such defect or unsatisfactory condition is
remedied, the certificate shall be revoked. If the defect or unsatisfactory
condition is remedied within 30 days of notice to the permit holder
to correct same, the certificate shall not be revoked.
D.
If the permit holder shall fail to correct such defect
or unsatisfactory condition within such thirty-day period, the Township
may undertake the necessary work, and the cost thereof shall be borne
by the permit holder and collected in any manner authorized by law,
including the imposition of a lien against the property.
A.
Whenever the Zoning Officer or his authorized representative
determines that any existing excavation, embankment or fill has become
a hazard, as defined in this chapter, the owner of the property upon
which the grading is located, or other person or agency in control
of said property, upon receipt of notice, in writing, from the Zoning
Officer or his authorized representative, shall, within the time specified
in such notice, repair, reconstruct or remove such excavation, embankment
or fill so as to eliminate the hazard.
B.
If the permit hold shall fail to correct such hazardous
or unsatisfactory condition within the specified time period, the
Township may undertake the necessary work, and the costs thereof shall
be borne by the permit holder and collected in any manner authorized
by law, including an imposition of a lien against the property.
C.
Any excavation not completed within 365 days from
the date of initial grading shall constitute a nuisance and a hazard.
D.
The property owner shall restore, repair, reconstruct
or remove such excavation, embankment or fill as directed by the Zoning
Officer or his authorized representative within 30 days of receipt
of said written notice.
The following working conditions will apply
to all grading sites:
A.
Dust control. During grading operations, acceptable
measures for dust control will be exercised.
B.
Protection of public facilities. All public utilities
and roadways shall be protected in the design of, and during the grading
operation. Construction equipment shall not be operated on public
roads without the placement of protective mats. Aggregate driveway
or roadway surfaces shall be provided to prevent tracking of dirt
and mud onto the public roadways.
C.
Cleanup. All soil washed or carried onto public streets
during grading operations shall be cleaned up as it accumulates. The
owner of the property being graded shall be responsible to protect
and clean up lower properties of silt and debris which have washed
down into the lower properties as a result of the grading work on
higher property.
D.
Workdays. None of the work or activity covered by
a grading permit shall be conducted on a Sunday or legal holidays
without the approval from the Zoning Officer or his authorized representative.
E.
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 6:00 p.m., prevailing times, unless these time limits are extended,
excused or otherwise modified by the Zoning Officer or his authorized
representative.
A.
Live stream crossings. Grading equipment will not
be allowed to cross live streams. Provision will be made for the installation
of culverts or bridges for such crossings. Permits shall be obtained
from the Pennsylvania Department of Environmental Protection for temporary
and permanent encroachments, reallocations, enclosures and temporary
crossings of streams.
B.
Excessive slopes. Grading on excessive slopes shall
be avoided so as to minimize erosion and storm runoff, to protect
watersheds, to discourage erosion of soils by maintaining adequate
foliage cover on excessive slopes, and to promote the perpetuation
of open space on hillsides. The areas considered to have excessive
slope may be revised or modified by the Zoning Officer or his authorized
representative where studies or information provided by a qualified
agency or person documents the need or possibility for such revision.
A.
All topsoil shall be removed from the area to be graded
and stockpiled and preserved for possible reuse on the site.
B.
Maximum slope steepness of a cut shall be no greater
than two horizontal to one vertical for minimizing erosion and landslide
hazards. However, a governmental review agency, professional engineer,
soils engineer or engineering geologist may determine the types of
soil on the sites to be graded from the soil survey, geological surveys
or core borings. Maximum slopes can then be determined as follows:
(1)
Landslide-prone soils or unstable rock formations
where existing slopes are greater than 25% shall have proposed cut
slopes not steeper than three horizontal to one vertical.
(2)
Landslide-prone soils where existing slopes are less
than 25% shall have proposed cut slopes no steeper than two horizontal
to one vertical.
[Amended 9-5-2012 by Ord.
No. 867]
(3)
Soils which are not, or have a low probability of
being, landslide-prone shall have a slope no steeper than 1 1/2
horizontal to one vertical.
[Amended 9-5-2012 by Ord.
No. 867]
C.
Cut slopes of up to one horizontal to one vertical
may be allowed under a grading permit, provided that the following
conditions are satisfied:
(1)
The material in which the excavation is made is sufficiently
stable to sustain a slope steeper than the slope specified above for
recognized soil conditions on the site. An acceptable geological report
signed and sealed by a soils engineer, and that it will not endanger
any property, or result in property damage and that creation of a
hazard will be minimal, shall be submitted to and may be approved
by the Zoning Officer or his authorized representative.
(2)
A retaining wall or other approved support, deigned
by a professional engineer and approved by the Zoning Officer or his
authorized representative is provided to support the face of the excavation
or to provide a fall zone at rock faced slopes.
D.
The Zoning Officer or his authorized representative
may require that the excavation be designed so that a line having
a slope of 1 1/2 horizontal to one vertical measured from the
bottom of the cut slope will be entirely inside the property lines
of the property on which the excavation is made, if conditions exist
which, under applicable engineering practice, the excavation may not
be deemed to be stable or safe.
E.
The Zoning Officer or his authorized representative
may require an excavation to be made with a cut slope flatter than
those specified above if he finds the material in which the excavation
is to be made subject to erosion and is prone to landslides, or if
other conditions exist which, under applicable engineering practices,
make such flatter cut slope necessary for stability and safety.
F.
Excavation adjacent to any footing, foundations or
structure shall not extend below the minimum 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
otherwise protected against settlement. Before commencing any excavation
which will affect physically in any way an adjoining property or structures
thereon, the permit holder shall notify, in writing, the owners of
the adjoining property or structures not less than 30 days before
such excavation is to be made, informing them that excavating is planned.
A copy of such notice(s) shall be submitted to the Zoning Officer
or his authorized representative. Adjoining properties and structures
shall be protected as provided in the Building Code[1] and/or as required by the Zoning Officer or his authorized
representative.
G.
The top or bottom edge of final slopes shall normally
set back five feet from adjacent property lines or street right-of-way
lines in order to permit the normal rounding of the edge without encroaching
on the abutting property.
A.
No person, firm or corporation may store, handle or
use any explosive in Butler Township without first obtaining a special
permit from the Zoning Officer or his authorized representative. The
Zoning Officer or his authorized representative shall have the authority
to impose reasonable regulations and restrictions upon the storage,
handling and use of explosives. Any violation of any regulation or
requirement imposed by the Zoning Officer or his authorized representative,
or imposed under any section of this chapter shall be grounds for
the revocation of any permit therefor issued.
B.
All blasting which is conducted in the Township shall
be in conformity with state requirements and shall be in compliance
with the Act of July 10, 1957, P.L. 685, 73 P.S. §§ 164
through 168, as amended, and the Department of Labor and Industry
Rules and Regulations and the current adopted edition of the BOCA
Fire Prevention Code.[1]
A.
All topsoil shall be removed from the area to be graded
and stockpiled and preserved for possible reuse on the site.
B.
The site shall be prepared by cutting toe benches
and other keyways so as to provide a firm base on which to place the
fill. No fill or embankment shall be made on landslide-prone soils
without adequate engineered preparation and drainage of the area to
be filled.
C.
No fill shall be made which creates any exposed surface
steeper in slope than two horizontal to one vertical, except under
one or both of the following conditions:
(1)
The fill, in the judgment of the Zoning Officer or
his authorized representative, 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, buildings,
storm drains or drainage ways.
(2)
A soils capability and geological report, signed and
sealed by a professional engineer, experienced in erosion control
and soils analysis, 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, and that creation
of a hazard will be minimal, shall be submitted to and may be approved
by the Zoning Officer or his authorized representative.
D.
The Zoning Officer or his authorized representative
may require that an embankment or fill be constructed with an exposed
surface flatter than two horizontal to one vertical if he finds that,
under the particular conditions, such flatter surface is necessary
for stability and safety.
E.
Fills, embankments and finish grading shall be designed
in accordance with the following:
(1)
Where fills are located so that earth movement may
result in personal injury or damage to adjacent property, streets,
alleys or buildings, the bearing value and stability of the material
under proposed fills and embankments shall be determined by subsurface
investigation performed by a soils engineer or engineering geologist.
(2)
The type of fill material available in each stage
of the grading operation shall be determined in order to plan proper
filling procedures.
(a)
Rock may be incorporated in fills and embankments,
but only in layers 24 inches thick, maximum, as per the latest edition
of Pennsylvania Department of Transportation Specifications Publication
408, with voids filled and a blanket of compacted fill separating
one layer of rock from the next. Rock fill shall not be placed near
the bottom of proposed foundations, building caissons and subsurface
utility installations. Suitable earth shall be reserved or provided
to cover rock fill under proposed seeded or planted areas.
(b)
No unsuitable material, such as coal, boney,
red-dog, expansive shale and cinders, shall be placed in fill areas.
(c)
Wood or other solid waste material shall not
be placed in fill areas.
(3)
No fill of any kind shall be placed over topsoil,
trees, stumps or other material which would create a nuisance, potential
fire hazard, or sanitation problem which would attract rodents, termites
or other pests.
(4)
On major fills or embankments, a toe bench shall be
constructed below mantle on bedrock under the toe of fill.
(5)
Benching of the existing surface shall be required
and indicated on the cross-sections.
(6)
A porous drain shall be installed on the bottom and
back wall of the toe bench, together with a drain pipe and suitable
discharge pipe to the existing non-erosive surface beyond and below
the toe of the proposed fill.
(7)
Overfilling of slopes is desirable to permit final
shaping of the surface to proposed grade without the addition of loose
fill over the surface of the slope, provided that no fill shall be
higher than 10 feet vertically before the slope is shaped to proper
grade.
(8)
At the end of each workday, the horizontal surface
of the fill shall be shaped, compacted and rolled to provide for drainage.
(9)
All fills shall be compacted to provide stability
of materials and to prevent undesirable settlement. The fill (excepting
rock) 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. Fill shall be
placed at the optimum moisture content for the specified degree of
compaction. The Zoning Officer or his authorized representative may
require tests or other information if, in his opinion, the conditions
or materials are such that additional information is needed. Where
fills are to have streets, structures or public utilities placed in
or on them, a Modified Proctor Density of 95% shall be achieved (ASTM
test designation D 1557).
(10)
The top or bottom edge of final slopes shall
be set back five feet from adjacent property lines or street right-of-way
lines in order to permit the normal rounding of the edge without encroaching
on the abutting property or street and to allow for location of proper
drainage facilitates and protective devices.
A.
Guidelines for minimizing erosion and sediment of
the Soil Conversation Service[1] should be followed. Approval of the erosion and sedimentation
control plan by the Butler County Conservation District shall be required
for all sites with one acre or more of disturbance. NPDES permits
shall be obtained where required. One or more guidelines should be
used to minimize hazards, depending upon the site conditions and the
proposed grading.
[Amended 9-5-2012 by Ord.
No. 867]
[1]
Editor's Note: Now known as the "Natural Resources Conservation
Service."
B.
The Zoning Officer or his authorized representative
may approve grading plans not meeting the above guidelines if the
proposed grading plans are approved by the Butler County Soil Conversation
Service.
A.
In order to prevent erosion, the permit holder shall
be required to provide adequate ground covering of such kind and character
as may be approved by the Zoning Officer or his authorized representative.
B.
For slopes steeper than three horizontal to one vertical,
the ground covering shall be an approved variety of erosion resistance
vegetation.
C.
The completion of finish grading should be done during
a season of the year when turf or ground cover can best be established.
A.
Retaining walls shall be constructed in accordance
with the current edition of the UCC Building Code. The grading permit
shall include the retaining wall and the requirements for approvals
and inspections, as stated.
[Amended 9-5-2012 by Ord.
No. 867]
B.
Retaining walls shall be designed and constructed
in accordance with sound engineering practice and the current edition
of the UCC Building Code. The plans submitted for approval shall bear
the seal and signature of a professional engineer.
[Amended 9-5-2012 by Ord.
No. 867]
C.
The backfilling of retaining walls and the construction
of subterranean drainage facilities shall be done in accordance with
sound engineering practice.
D.
In general, where a wall is replacing an exposed slope,
the vertical face of the wall shall be at least five feet back from
the adjoining property.
(1)
This requirement may be waived by the Zoning Officer
or his authorized representative if it can be satisfactorily demonstrated
that such an exception is necessary to ensure normal use of the property.
(2)
This requirement may also be waived when the proposed
retaining wall is a joint venture between adjacent property owners,
and documents evidencing the same are filed with the application for
the permit.
A.
No grading work shall be started prior to approval of and implementation of a stormwater management plan in conformance with Chapter 242, Stormwater Management, of the Code of the Township of Butler.
[Amended 9-5-2012 by Ord.
No. 867]
B.
Adequate provisions shall be made to prevent surface
water from damaging the cut face of excavations and/or adjacent properties.
Interception and diversion facilities for stormwater and surface water
runoff, both above and below the cut and fill slope areas, during
and after construction, shall be included in the design.
C.
The drainage pattern to construction shall be indicated
on the plans. Adequate measures shall be taken to prevent any erosion
and water runoff damage to adjacent properties during the construction
and after completion of construction.
D.
Storm sewers, catch basins, drainage ditches and swales
necessary to protect adjacent properties, whether they be permanent
or temporary in nature, shall be constructed before any excavation
or filling is started. The storm sewers, catch basins, drainage ditches
and swales shall be maintained, cleaned, cleared and open during construction.
If the above is not complied with, the Zoning Officer or his authorized
representative shall stop all clearing and grading on the site until
the necessary drainage facilities are completed or the permit will
be revoked and the required bond forfeited.
E.
New storm sewers and utilities traversing a proposed
fill area shall be buried a minimum of three feet from top of pipe
to proposed grade. Fill shall be constructed in that area prior to
installation of said sewers and utilities. The minimum size storm
sewer, exclusive of toe or bench drains, shall be 15 inches in diameter
unless a variation in size is approved by the Zoning Officer or his
authorized representative. All storm sewers located under pavement
areas shall be in pipe approved by the Township Engineer.
F.
Slopes steeper than two horizontal to one vertical
and of more than 20 feet in vertical height shall be separated by
a level berm of at least 10 feet in width at intervals of no more
than 20 feet vertically if the slope is potentially hazardous due
to easily erosive material.
G.
On slopes of two horizontal to one vertical or less
steep, the ten-foot level berms will not be required unless deemed
necessary by the Zoning Officer or his authorized representative.
H.
Drainage ditches with a grade of 5% or greater shall
be paved with concrete, bituminous mixture, brick, half pipe, rubble
or other hard nonerodable material.
I.
Drainage ditches with a grade of less than 5% shall
be grassed and sloped in such a manner that they can be conveniently
cut and maintained.
J.
Drainage structures, storm sewers, detention ponds,
sedimentation ponds and appurtenances shall be of proper design and
so constructed as to carry surface water and any subsurface water
encountered to the nearest practical storm drain or natural watercourse
approved by the Zoning Officer or his authorized representative as
a safe place to deposit and receive such waters. Approval by the Zoning
Officer or his authorized representative in no way relieves the owner
of his legal responsibilities to adjacent property owners. The owner
shall also comply with all state laws and regulations dealing with
enclosing or discharging into existing streams, channels or storm
sewers.
K.
As a guide for the prevention of damage, grading plans
shall follow vegetative control methods and ditch conduit control
methods in the PA DEP Erosion and Pollution Control Manual, latest
edition. The Zoning Officer or his authorized representative may approve
methods and materials recommended by governmental agencies, professional
engineers and architects, when they are more suitable to the site
in preventing damage.
[Amended 9-5-2012 by Ord.
No. 867]
L.
No rock fill shall be placed around or over storm
sewers or drainage facilities other than that designed as part of
the site drainage facilities.
All grading work within designated or known floodplains shall conform to the requirements and standards of Chapter 183, Floodplain Management.
A.
Neither the issuance of a permit under the provisions
of this chapter, nor the compliance with the provisions hereof or
with any condition imposed by the Zoning Officer or his authorized
representative hereunder, shall relieve any permit holder from any
responsibility for damage to persons or property resulting therefrom,
or as otherwise imposed by law, nor impose any liability upon the
Township, its employees, and its consultants for damages to persons
or property.
B.
The permit holder shall be fully responsible for any
noncompliance with approved plans. He shall carry the responsibility
both for his own employees and for all subcontractors from the first
day of grading until released by the Township. The use of qualified
personnel experienced and knowledgeable in the practice of excavation
and landscape restoration shall be required.
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 notice of any violation of, or noncompliance
with, any provision of this chapter has been given by the Zoning Officer
or his authorized representative, such violation shall be discontinued
immediately, unless the Zoning Officer or his authorized representative
has specifically designated a reasonable time limit for compliance.
Any violation which continues after such notice shall be subject to
the penalties provided in this chapter.
C.
Any person who violates any of the provisions of this
chapter may be charged with such violations, and, upon conviction
thereof, shall be sentenced to pay a fine of not less than $100 nor
more than $1,000 or the maximum permitted under Pennsylvania laws,
as the same may be from time to time amended and in effect as of the
date of conviction, plus costs of prosecution, and, in default of
payment of such fine and costs, shall be subject to imprisonment in
the County Jail for a period not to exceed 30 days.
D.
Whenever any person violating any of the provisions
of this chapter is notified of such violation by the Zoning Officer
or his authorized representative by service, summons or any other
manner, each day or portion thereof a violation occurs or continues
shall constitute a separate violation.
E.
In addition to the above stated violations and penalties,
the Township may seek remedies and penalties under applicable Pennsylvania
statutes or regulations.
In case any work is performed by any person
in violation of any of the provisions of this chapter, the proper
officers of the Township, in addition to other remedies, may institute,
in the name of the Township, an appropriate action or proceeding,
whether by legal process or otherwise, to prevent such unlawful work
and to restrain or abate such violation.
