[HISTORY: Adopted by the Board of Commissioners of the Township of
Hatfield 6-14-2000 by Ord. No. 463 (Ch.
9, Part 1, of the 1994 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited as the “Hatfield
Grading and Excavations Ordinance.”
The purpose of this chapter is to provide minimum standards to safeguard
persons, to protect property and to promote the public welfare by regulating
and controlling the design, construction, quality of materials, use, location
and maintenance of grading, excavation and fill.
Wherever used in this chapter, the following words shall have the meanings
indicated:
A permit issued by the Building Inspector, pursuant to the provisions
of Township ordinances, 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, removed, displaced or bulldozed, and shall include
the conditions resulting therefrom.
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, and shall include the conditions resulting therefrom.
The elevation of the existing ground surface at the location of any
proposed excavation or fill.
Any permit required under § 153-6 hereof.
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.
The continuation of adequate topsoil on the land within the Township
is considered necessary for the general welfare of the Township in the future
development thereof. Thus, the permanent removal of topsoil from the land
within the Township shall be prohibited. This prohibition shall not be construed
to prohibit an owner of land in removing topsoil for the purpose of construction
of a building and the regrading of the land surrounding the building following
construction; provided, however, that upon completion of construction, there
remains a minimum depth of four inches of topsoil per lot.
New grading, excavations and fills, or changes, additions, repairs or
alterations made to existing excavations and fills shall conform to the provisions
of this chapter, except that this chapter shall not apply to:
No person shall commence or perform any grading excavation or fill without
first having obtained a grading permit from the Township Engineer. A separate
grading permit shall be required for each site or lot in subdivision. One
permit may cover both an excavation and any fill made on the same site. A
grading permit will not be required in the following situations, however,
but in all other respects, the provisions of this chapter shall apply:
A.
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 grading permit
for any fill made with the material from such excavation.
B.
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 1,000 square feet, provided that the surfaces of such
fills do not have a slope at any point steeper than five horizontal to one
vertical.
C.
Minor increases in impervious surfaces or earthmoving
on existing developed properties where the increase in impervious surface
does not exceed 500 square feet, provided the change will not alter drainage
patterns, accelerated erosion, interfere with existing stormwater facilities
or adversely impact adjoining properties.
D.
Plowing, tilling, irrigation and drainage for agricultural
purposes, nursery operations, such as removal of cultivated sod, shrubs, and
trees for transplantation, and the addition of topsoil, with a change in natural
contours of 1/2 foot or less provided that the activity will not alter drainage
patterns, accelerate erosion, interfere with existing stormwater facilities
or adversely impact adjoining properties.
A.
Every applicant for a grading permit shall file a written
application therefor with the Township Engineer. Such application shall:
(1)
Describe the land on which the proposed work is to be
done by lot, block and street address. A location map shall be provided with
the application.
(2)
Be accompanied by plans and specifications prepared by
a registered engineer or surveyor.
(a)
Plans and specifications shall be in accordance with
the building permit site plan criteria set forth in the BOCA Code.[1]
(c)
Plans shall be submitted in triplicate to the Township.
(3)
State the estimated dates for the starting and completion
of the grading work.
(4)
State the purpose for which the grading application is
filed.
B.
The Township Engineer may waive the requirement for any,
or all, plans and specifications listed above if he finds that the information
on the application is sufficient to show that the work will conform to the
provisions of this chapter. The Township Engineer may call for a conference
with the applicant to discuss modification of the plans presented.
Before issuing a grading permit, a permit fee shall be paid in accordance with the permit fee schedule set forth in Chapter A287, Fee Schedules.
Every grading permit shall expire by limitation and become null and
void if the work authorized by such permit has not been commenced within six
months or is not completed within one year from the date of issue, provided
that the Township Engineer may, if the permit holder presents satisfactory
evidence that unusual difficulties have prevented work being started or completed
within the specified time limits, grant a reasonable extension of time, in
writing, 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 Engineer, the work
as proposed by the applicant is likely to endanger any property or any street
or alley, he shall deny the grading permit. In determining whether the proposed
work is likely to endanger property or streets or alleys or create hazardous
conditions, the Township Engineer shall give due consideration to possible
saturation by rains, earth, movements, runoff 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 Commissioners shall consider, promptly,
appeals from the provisions of this chapter or from the determinations of
the Township Engineer, 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 Commissioners.
A.
The Township Engineer shall make the inspections hereinafter
required and shall either approve that portion of the work which has been
completed or notify the permit holder wherein the same fails to comply with
the provision of this chapter. Where it is found, by inspection, that the
soil or other conditions are not as stated or shown in the application, the
Township Engineer may refuse to approve further work until approval is obtained
for a revised grading plan conforming to existing conditions.
B.
Plans for grading work, as approved by the Township Engineer,
shall be maintained at the site during the progress of the grading work and
until the work has been approved.
C.
The permit holder shall notify the Township Engineer
in order to obtain inspections in accordance with the following schedule at
least 48 hours before the inspection is to be made:
(1)
Initial inspection: when work on the excavation or fill
is about to be commenced.
(2)
Rough grading: when all rough grading has been completed.
(3)
Drainage facilities: when drainage facilities are to
be installed and before such facilities are backfilled.
(4)
Special instructions: when excavations are complete for
retaining and rib 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.
At any stage of the work the Township Engineer may determine,
by inspection, that the nature of the formation is such that further work
as authorized by an existing permit is likely to endanger property or streets
or alleys or create hazardous conditions. The Township Engineer may require,
as a condition to allowing the work to be done, that such reasonable safe
precautions be taken as the Township Engineer considers advisable to avoid
such likelihood of danger. Safety precautions may include, but shall not be
limited to, specifying a flatter exposed slope, construction of additional
drainage facilities, berms, terracing, compaction or cribbing.
B.
The Township Engineer may require an excavation to be
made with a cut face flatter in slope than three horizontal to one vertical
if he finds the material in which the excavation is to be made unusually subject
to erosion, or if any other conditions exist which make such flatter cut slope
necessary for stability and safety. Additional measures to stabilize the slope
may be required by the Township Engineer.
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. Adjoining properties and structures shall be
protected in accordance with the Township building codes.[2]
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 be compacted by a sheeps foot
roller, or other approved method, after each layer is spread. The Township
Engineer may require tests or other information if, in his opinion, the conditions
or materials are such that additional information is necessary. Layers of
less than 12 inches may be required if the materials, site condition or methods
do not allow adequate compaction of 12 inches lift thickness.
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
or shelves of at least four feet in width. Berms and 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 slope shall be at least five
feet from property right-of-way or 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 1/2:1 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 downslope properties of silt and debris washing from his property
as a result of the grading 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 to existing or impending suburban
development shall be preserved.
D.
In all zoning districts for those portions of sites having
slopes greater than 10% based upon contour lines measured at vertical intervals
of two feet, the following standards shall apply for all proposed uses:
(1)
Ten percent to 15%: no more than 40% of the total area
of such portions shall be regraded and/or stripped of vegetation.
(2)
Fifteen percent to 25%: no more than 30% of the total
area of such portions shall be regraded and/or stripped of vegetation.
(3)
Twenty-five percent or more: no more than 15% of the
total area of such portions shall be regraded and/or stripped of vegetation.
E.
Additional state and federal requirements may apply.
A.
If, upon final inspection of an excavation or fill, it
is found that the work authorized by the grading permit has been satisfactorily
completed, in accordance with the requirements of this chapter, and any other
requirements imposed the Township Engineer, or his designee, shall indicate
approval by signing permit at the appropriate location.
B.
The Township Engineer shall have the power to revoke
any grading permit whenever he finds that the work covered by the permit has
been materially extended or altered without a permit to do so, or that any
retaining walls, cribbing, drainage structures, fence or other protective
devices shown on the approved plans and specifications submitted with the
application for the permit have not been maintained in good order and repair.
C.
Before such revocation, the Township Engineer 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 satisfactorily, the grading permit may be
revoked. If the defective conditions are remedied, the permit shall not be
revoked. Permit holder has 20 days to remedy any defects.
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.
When written notice of a violation of any of the provisions of this
chapter has been served by the Township Engineer or any person, such violation
shall be discontinued immediately.
In case any work is performed by a person in violation of any of the
provisions of this chapter, the proper officer of the Township, in addition
to the 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.
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 the
Township, by service of 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.
