The purpose of this chapter is to:
A. 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. Establish performance standards which insure land use practices respectful
of the natural topography and capabilities of the land.
C. Encourage maximum retention of natural topography and vegetative
features on hillsides.
D. Prevent earthflow and rockfall landslides.
E. Encourage imaginative and innovative site development and building
design that adapts to, and takes advantage of, the best use of the
natural terrain.
A grading permit shall not be required for any of the following:
A. An excavation which does not exceed three feet in vertical depth at its deepest point measured from the natural ground surface and covers a surface area of less than 5,000 square feet, provided that the surfaces of such excavation do not have slope at any point steeper than four horizontal to one vertical. However, 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 material from such an excavation, unless otherwise excepted by Subsections
B and
C of this section.
B. A fill which does not exceed 500 cubic yards of material on any one
site.
C. Fill which is not intended to support structures and does not exceed
three feet in vertical depth at its deepest point measured from the
natural ground surface and does not cover an area of more than 5,000
square feet, provided that the surface of such fills do not have a
slope at any point steeper than four horizontal to one vertical and
does not obstruct a drainage course.
D. 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. However, this Subsection
D 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.
E. 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.
F. Exploratory excavations under the direction of a soils engineer or
engineering geologist.
G. Excavations for wells, tunnels, public utilities or cemetery graves.
H. 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.
I. Landscaping for single-family homes, accepted agricultural land management
practices such as plowing, nursery operations, removal and/or transplanting
of cultivated sod, shrubs and trees cutting at or above existing ground
and logging operations leaving the stump, ground cover and root mat
intact.
J. A permit shall not be required for work performed by utility agencies
under the guidance of the Pennsylvania Utility Commission (PUC).
Unless otherwise expressly stated, the terms and words shall,
for the purpose of this chapter, have the meanings 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."
ADMINISTRATOR
The Township Engineer who is appointed by the Board of Supervisors
to manage this chapter, or his authorized representative.
APPLICANT
Any landowner or agent of a landowner who proposes to make
or cause to be made any excavation, fill or any combination thereof
pursuant to the provisions of this chapter.
ARCHITECT
A registered architect licensed as such in the Commonwealth
of Pennsylvania.
BEDROCK
Natural rock layer, hard or soft, in place at ground surface
or beneath unconsolidated surficial deposits.
BUILDING CODE
Township of South Strabane Code of Ordinances, Chapter
95, Construction Codes, Uniform, "Building Code," as amended.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity, including such processes as gravitational
creep.
EROSION CONTROL MATTING
A temporary product meant to hold soils in place while allowing
vegetation to grow through the spaces in the matting. Matting is typically
made of natural materials and is biodegradable.
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 shall include the conditions resulting
therefrom.
FILL AND EMBANKMENT
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.
FLOODPLAIN
Areas designated by the Federal Emergency Management Administration
and other areas known to be subject to flooding.
GRADE
The elevation of the existing or proposed ground surface
at the location of any proposed excavation or fill.
GRADING
Excavation or fill, or any combination thereof, including
the conditions resulting from any excavation or fill.
GRADING PERMIT
Any permit required pursuant to the provisions of this chapter.
GRADING, ENGINEERED
A grading operation in excess of 5,000 cubic yards and performed
in conformance with a grading plan prepared by a professional engineer.
GRADING, REGULAR
A grading operation of less than 5,000 cubic yards. Where
the site conditions warrant, the Administrator may require the submission
of a report on the site as prepared by a professional engineer, soils
engineer or engineering geologist.
HAZARD
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.
LANDSCAPE ARCHITECT
A landscape architect licensed as such in the Commonwealth
of Pennsylvania.
LANDSLIDE-PRONE SOILS
Those soil formations whose characteristics are classified
as being landslide-prone or otherwise sensitive in the Soil Survey
of Greene and Washington Counties.
PERMIT HOLDER
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.
PROFESSIONAL ENGINEER
A registered professional engineer in the Commonwealth of
Pennsylvania, and knowledgeable in civil and geotechnical engineering.
RETAINING WALL
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.
SITE
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.
SLOPE
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).
SLOPE STABILITY ANALYSIS
The slope stability analysis will be limit-equilibrium analysis,
with appropriate drainage conditions and shear strengths, performed
by a professional engineer licensed in the Commonwealth of Pennsylvania.
SOIL SURVEY
The Soil Survey of Greene and Washington Counties, Pennsylvania,
as prepared by the USDA Soil Conservation Service et al., and accompanying
text, issued September 1983.
SOILS ENGINEER
A registered professional engineer in the Commonwealth of
Pennsylvania having training and experience in soils engineering.
SOLID WASTE
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 Resources.
STORMWATER MANAGEMENT
The control of surface water runoff as regulated by Chapter
198 of the Township of South Strabane Code of Ordinances.
SUBDIVISION ORDINANCE
The Subdivision and Land Development Ordinance, as amended, being Chapter
206 of the Township of South Strabane Code of Ordinances.
ZONING ORDINANCE
The Zoning Ordinance, as amended, being Chapter
245 of the Township of South Strabane Code of Ordinances.
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 plan may be required by the Board of Supervisors, and
said plan will be prepared by the applicant at his own cost and expense,
and must be approved as to form by the Township Solicitor. The plan
may be a part of, and incorporated in, a developer's agreement
as required by the SALDO.
Every grading permit shall expire and become null and void if
the work authorized by said permit has not been commenced within six
months or is not completed within one year from the date of issue;
provided that the Administrator 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, and provided, further, that the application
for the extension of time is made before the date of expiration of
the permit.
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 Administrator by the permit holder. If the circumstances dictate,
the Administrator shall revoke the permit or otherwise modify the
conditions upon which the permit was initially issued.
If, upon final inspection of the site for which a permit has
been issued, it is found that the work 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 Administrator, based on the receipt of the following:
A. Certification by a professional engineer that the site has been constructed
in accordance with the approved plans and geotechnical report.
B. Copies of all inspection reports.
C. Maintenance bond as described in §
109-12H.
D. As-built drawings showing conformance with the approved plan.
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. Work days and hours. See Chapter
91, Construction Activities.
All grading work within designated or known floodplains shall
conform to the requirements and standards of the Floodplain Ordinance.
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.
The provisions of this chapter are hereby declared severable,
and if any of its provisions shall be held to be invalid or unconstitutional,
or otherwise void for any reason, such decision shall not affect or
impair any of the remaining provisions hereof; it is hereby declared
to be the intent of the Borough that this chapter would have been
adopted if such invalid, unconstitutional or otherwise void provision
had not been included herein.
Any ordinance containing any provision inconsistent herewith
to the extent that such provisions are inconsistent, those provisions
are also hereby repealed.
This chapter shall become effective immediately.