This chapter shall be known and may be cited as the "Whitpain Township
Grading 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, excavations and fills.
Whenever used in this chapter, the following words shall have the meaning
indicated:
BUILDING PERMIT
A permit issued by the Building Official pursuant to Whitpain Township
regulations for the construction, erection or alteration of a structure or
building.
EXCAVATION
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 includes the conditions resulting therefrom.
FILL
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 includes the conditions resulting therefrom.
GRADE
The elevation of the existing ground surface at the location of any
proposed excavation or fill.
GRADING
Excavation or fill or any combination thereof, and includes the conditions
resulting from any excavation or fill.
PERSON
A natural person but shall also include a partnership or corporation.
SITE
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.
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:
A. Work in a public street or alley or in a township park,
playground or recreation area or on other public property.
B. The mining, quarrying, excavating, processing or stockpiling
of rocks, sand, aggregate or clay unless such work affects the support of
adjacent or contiguous property or structures.
C. The depositing of rubbish or other material at any dump
operated by the township.
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. One permit may
cover both an excavation and any fill made on the same site. A grading permit
will not be required, however, in the following situations, 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. 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 grading permit for, any fill made with
the material from such excavation. A grading permit shall not be required
for the temporary stockpiling on the same site of the material from such excavation.
D. A single-family house site where the maximum gradient between property lines or the maximum excavation or fill (exclusive of the situations referred to in Subsection
C hereof) does not exceed the grades or quantities set forth in the following table:
|
Single-Family House Site
(square feet)
|
Maximum Gradient Without Permit
(feet)
|
Maximum Excavation or Fill Without Permit
(cubic yards)
|
---|
|
Less than 6,000
|
12 in 100
|
75
|
|
6,000 to 10,000
|
15 in 100
|
100
|
|
10,000 to 18,000
|
15 in 100
|
200
|
|
18,000 to 30,000
|
15 in 100
|
250
|
|
Over 30,000
|
20 in 100
|
250
|
[Amended 5-19-1986 by Ord. No. 165]
Before issuing a grading permit, the township shall collect a permit
fee in accordance with a schedule of fees as adopted and revised from time
to time by resolution of the Board of Supervisors and on file in the office
of the Township Manager.
The owner shall pay the actual cost of any material tests and reimburse
the township for necessary inspection at the current rate for each hour or
portion thereof that a township inspector is engaged on the work.
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 from being started
or completed within the specified time limit, 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.
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 Engineer
may require tests or other information if in his opinion the conditions or
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 as 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.
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.