[HISTORY: Adopted by the Board of Commissioners of the Township of
Patterson 6-3-1975 as Ord. No. 243. Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Patterson Township
Grading Ordinance."
The purpose of this chapter is to provide minimum standards to safeguard
persons and property, to protect and to promote the public welfare by preventing
excess erosion, hazardous rock and soil slippage, sediment production and
other soil and water management problems and 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:
The person qualified and officially appointed by the governing body
to manage this chapter.
Natural rock layer, hard or soft, in place at ground surface or beneath
unconsolidated surficial deposits.
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.
A person licensed by the Commonwealth of Pennsylvania to practice
engineering and who is knowledgeable in the branch of civil engineering.
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.
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 condition resulting.
The Board of Commissioners of the Township of Patterson.
Excavation or fill, or any combination thereof, and shall include
the conditions resulting from any excavation or fill.
Any permit required under these regulations.
A danger or potential danger to life, limb or health, or an 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 natural person, but shall also include a partnership, corporation,
trust or association.
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 the standards set
forth in this chapter and which is more than four (4) feet in height as measured
on the exposed vertical surface of the wall.
A lot, tract or parcel of land, or a series of lots, tracts or parcels
of land which are adjoining, where grading work is continuous and performed
at the same time.
A person registered by the Commonwealth of Pennsylvania as a professional
engineer and who has training and experience in the branch of soils and engineering.
The unpublished and operational soil survey for Beaver County, Pennsylvania,
and the accompanying text, Soil Survey Interpretations of Beaver County, Pennsylvania,
as prepared by the United States Department of Agriculture (USDA) Soil Conservation
Service et al. When applicable, "soil survey" shall mean the Soil Survey,
Beaver County, Pennsylvania, when this publication is completed.
All parts of combination of ashes, garbage, refuse, radioactive material,
combustible demolition materials and industrial wastes such as food-processing
wastes, wood, plastic, metal scrap, etc.
A.Â
A grading permit must be obtained from the Administrator
for new grading, excavations and fills; changes, additions or alterations
made to existing excavation or fills shall conform to the provisions of these
regulations. A separate grading permit shall be required for each site. One
(1) permit may cover the grading, excavation and any fills made on the same
site.
B.Â
Only one (1) permit is required for a continuous parcel
to be graded for a proposed major planned development, such as residential
planned unit development or a planned industrial park when adequate standards
or requirements for grading the parcel are approved by the Administrator.
A grading permit will not be required for any of the following situations:
A.Â
Grading is limited to mining, quarrying or stockpiling
of coal, rock, sand, aggregate or clay that satisfy requirements of regulations
of the Commonwealth of Pennsylvania.
B.Â
Grading is limited to solid waste disposal areas or sanitary
landfills operated in accordance with the requirements, rules and ordinances
adopted by the Pennsylvania Department of Environmental Resources and the
Beaver County Department of Health.
C.Â
Excavation does not exceed five (5) feet in vertical
depth, does not result in cut and/or fill slope steeper than four (4) horizontal
to one (1) vertical and does not exceed an area of one thousand (1,000) square
feet for areas recognized by the soil survey or better source as containing
landslide-prone soils. Better sources recognizing landslide-prone soil areas
may be the Pennsylvania Bureau of Topographic and Geologic Survey, a professional
engineer experienced in geology or an engineering geologist.
D.Â
Excavation does not exceed five (5) feet in vertical
depth, does not result in a cut or fill slope steeper than three (3) horizontal
to one (1) vertical and does not exceed an area of five thousand (5,000) square
feet in areas of soils not recognized by the soil survey or better as landslide-prone.
E.Â
The fill amount does not exceed five hundred (500) cubic
yards on any one (1) site.
F.Â
Fill does not exceed five (5) feet in vertical depth
at its deepest point measured from the top of such fill to the natural ground
surface, the area of fill does not exceed five thousand (5,000) square feet,
and the slope of fill is not steeper than three (3) horizontal to one (1)
vertical.
G.Â
Grading does not exceed new construction authorized by
a building permit properly issued by the governing body. Grading under the
authorization of a building permit shall follow the standards and requirements
of this chapter.
H.Â
Soil excavated under the authorization of a building
permit properly issued by the governing body is temporarily stockpiled on
the same site as the excavation; provided, however, that if the material from
such excavation is thereafter to be used for fill purposes for which a grading
permit is required, such permit must be obtained prior to such use in accordance
with the requirements of this chapter. In addition, if excavated material
is stockpiled on a site for a period of longer than one hundred twenty (120)
days, then a permit shall be necessary when disposing of the fill material.
A.Â
Whenever the governing body, upon the recommendation of its Administrator, determines that any existing excavation, embankment or fill has become a hazard as defined in § 100-3, the owner of the property upon which the excavation, embankment or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Administrator, shall, within the reasonable period specified therein, repair, reconstruct or remove such excavation, embankment or fill so as to eliminate the hazard.
B.Â
If, after such notification, the property owner has not
made the necessary repairs within the time adopted, then the governing body
may make the required repairs, and the cost thereof shall be borne by the
property owner by a lien filed as provided by law.
Every applicant for a grading permit shall file a written application
therefor with the Administrator in a form prescribed by the Administrator.
Such application shall:
A.Â
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.
B.Â
Be accompanied by plans and specifications prepared,
signed and sealed by a professional engineer, surveyor or architect giving
a reasonable picture of the site and proposed soil erosion controls, if any.
The Administrator may waive the preparation or approval and signature by the
professional engineer, surveyor or architect only when it is self-evident
that the proposed work is simple, clearly shown on the plans submitted and
creates no potential nuisance to adjacent property or hazard and does not
include the construction of a fill upon which a structure may be erected.
Such plans shall normally include a description of the site proposed for grading;
accurate location by lot, block, tract, street address, longitude and latitude,
coordinates and location map or other similar information; a contour map showing
the present contours of the land and the proposed contours of the land after
completion of the proposed grading; and a plan showing cross sections of the
proposed cut or fill which show the method of benching and constructing both
cut and/or fill. In addition, a plot plan shall normally show the location
of the grading, boundaries, lot lines, neighboring streets or ways, buildings,
surface and subsurface utilities and waterways. In addition, plans shall normally
include a description of the the type and classification of the soil from
the soil survey or better; details and location of any proposed drainage structures
and pipes, walls and cribbing; seeding locations and schedules, debris basins
and diversion channels; the nature of fill material; and such other information
as the Administrator may need to carry out the purposes of this chapter. All
plans shall be dated and bear the name and seal of the professional engineer
who prepared the same, the name of the applicant and the owner of the land.
Plans shall be submitted in triplicate, one (1) set of which shall be reproducible
nature.
C.Â
State the estimated dates for the starting and completion
of grading work.
D.Â
State the purpose for which the grading application is
filed.
A.Â
The Administrator shall obtain such device as he deems
necessary for proper review of an application for a grading permit from governmental
agencies, professional engineers or engineering geologists (or the Township
Engineer). The advice so obtained shall be in sufficient detail to reasonably
ensure the proposed grading will not create a hazard and there will be a minimum
of soil erosion on the site to be graded.
B.Â
The advice obtained from a professional engineer or engineering
geologist may include a detailed description of the geological conditions
of the site and may 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. A soil conservation report may include existing site description as
to topography, drainage, cover and soil; major resource problems as to soil
limitations, erosion and sediment potential and surface runoff changes; and
recommendations to minimize soil limitations, erosion and sediment and surface
water disposal problems.
Before issuance of a grading permit, the applicant shall post a bond,
corporate surety or other approved security in the amount of ten percent (10%)
of the estimated cost of the grading work and erosion control facilities proposed
for the permit to guarantee said work and facilities in a satisfactory manner
and meeting the requirements of this chapter. No bond shall be required if
another bond or other approved security is posted for construction and/or
site improvements. When all requirements of this permit have been met and
the work has been completed in a satisfactory manner, the full amount of security
shall be returned to the person posting said security.
A.Â
Every grading permit shall expire by limitation and become
null and void if the work authorized by such permit has not been commenced
within one (1) year or is not completed within three (3) years from the date
of issue, provided that the governing body, acting upon the recommendation
of 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.
B.Â
Any physical changes in the site such as surface water
drainage, soil and bedrock dislocations, alterations of groundwater discharge
or any other natural or man-made modification which would cause a doubt to
be cast upon the feasibility of the contents of the original permit approval
must be reported to the Administrator in the intervening period between approval
of the permit and completion of the project.
A.Â
When the requirements of this chapter for obtaining a
permit have been met, the Administrator shall approve the proposed plan and
grant a grading permit to the applicant. Approved work may then start. However,
when, in the opinion of the Administrator, 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
the proposed work is likely to endanger property or streets or alleys, or
create hazardous conditions, the Administrator shall give due consideration
to possible saturation by rains, earth movements, runoff surface waters and
subsurface conditions, such as the stratification and faulting of rock, aquifers,
springs and the nature and type of the soil or rock.
B.Â
The governing body shall consider within thirty (30)
days appeals from the provisions of these regulations or from the denial by
the Administrator, and the governing body within thirty (30) days shall consider
alternate methods, standards or materials proposed by the developer when,
in his opinion, strict compliance with the provisions of these regulations
is unnecessary. Any applicant or permit holder shall have the right to appeal
to any court of competent jurisdiction from any decision of the governing
body.
A.Â
The permittee or his agent shall notify the Administrator
in writing of the start and completion of each continuous grading operation.
Notice shall be received by the Administrator or at his office at least two
(2) working days before start or completion of grading operations.
B.Â
Grading work at these stages or at any other time will
be subject to spot inspections, at the discretion of the Administrator, to
determine that the work is being performed in compliance with these regulations.
C.Â
In special cases, when grading occurs in areas of landslide-prone
soils as recognized by the soil survey or better, or where a hazardous condition
exists, the Administrator may require special precautions from the grader.
The results of all soil tests and core borings made relating to the site graded
shall be submitted to the Administrator.
A.Â
The maximum slope steepness of a cut should be three
(3) horizontal to one (1) vertical for minimizing erosion and landslide hazards.
However, a governmental review agency, professional engineer or engineering
geologist may recognize the types of soil on the site to be graded from the
soil survey or better. Maximum slopes can then be determined as follows:
(1)Â
Landslide-prone soils where slopes greater than twenty-five
percent (25%) shall have cut slopes no steeper than three (3) horizontal to
one (1) vertical.
(3)Â
Soils which are not or have a low probability of being
landslide-prone shall have a slope no steeper than one and one-half (11/2)
horizontal to one (1) vertical. All soil survey map symbols, except the symbols
listed above, donate soils of low landslide-prone probability.
B.Â
Cut slopes which are steeper than those specified above
may be allowed under a grading permit, provided that one (1) or both of the
following is satisfied:
(1)Â
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. A written statement, signed and sealed by a professional
engineer, stating that the steeper slope will have sufficient stability and
that risk of creating a hazard will be slight, must be submitted to the Administrator.
(2)Â
A retaining wall or other approved support, designed
by a professional engineer and approved by the Administrator, is provided
to support the face of excavation.
C.Â
The top or bottom edge of slopes shall generally be set
back 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.
D.Â
Guidelines for cuts in the Erosion and Sediment Control
Handbook for Beaver County, Pennsylvania, should be followed. One (1) or a
combination of guidelines should be used to minimize hazards, depending on
site conditions and proposed grading.
A.Â
No fill shall be placed over trees, stumps or other material
which could create a hazard. If authorized by the Administrator in writing,
such materials may be buried in natural ground where no structures will be
built or hazard created. Limbs can be chipped and mixed with the topsoil.
B.Â
All fills shall be compacted to provide stability of
fill material and to prevent undesirable settlement or slippage.
C.Â
Clean soil or earth shall be placed over the top and
exposed surfaces of the fill to a depth sufficient to conceal all materials
used in the fill other than clean soil or earth. If the filling operation
is intermittent, the top and exposed surfaces of the fill shall be so covered
at the completion of each lift.
D.Â
The top or bottom edge of slopes shall generally be set
back 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.
E.Â
Guidelines for fills in the Erosion and Sediment Control
Handbook for Beaver County, Pennsylvania, should be followed. One (1) or a
combination of guidelines should be used to minimize hazard, depending on
site conditions and proposed grading.
Guidelines for minimizing Erosion and Sediment in the Erosion and Sediment
Control Handbook for Beaver County, Pennsylvania, should be followed. One
(1) or a combination of guidelines should be used to minimize hazard, depending
on site conditions and proposed grading. However, the Administrator may approve
grading plans not meeting guidelines of the Handbook if proposed grading will
not constitute a hazard.
A.Â
If a retaining wall is constructed to satisfy a requirement
of this chapter, a building permit, as provided for by other municipal regulations,
shall not be required. The grading permit will apply to the retaining wall,
and the requirements for inspection, etc., as stated herein will be complied
with.
B.Â
Retaining walls must be constructed in accordance with
sound engineering practice. The plans submitted for approval shall bear the
seal of a professional engineer.
C.Â
The backfilling of retaining walls and the insertion
of subterranean drainage facilities shall be done strictly in accordance with
the provisions of this chapter and the appropriate municipal specifications.
D.Â
In general, where a wall is replacing an exposed slope,
the vertical face of the wall shall be three (3) feet and zero (0) inches
back from the adjoining property.
(1)Â
A special exception to this requirement may be applied
for and granted by the Administrator if it can be satisfactorily demonstrated
that such a variance is necessary to ensure normal use of the property, i.e.,
for a sideline driveway.
B.Â
To prevent damage, grading plans should follow Vegetative
Control Methods and Ditch and Conduit Control Methods in the Erosion and Sediment
Control Handbook for Beaver County, Pennsylvania, when they fit the site.
The Administrator may approve methods and materials recommended by governmental
agencies and professional engineers when they are more suitable to the site
in preventing damage. Drainage facilities shall be designed to accommodate
the largest size storm that would occur on the average of every five (5) years,
except where the Administrator deems greater protection necessary.
A.Â
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 any other protective devices as may be a part of
the permit requirements.
B.Â
If, at any time subsequent to the completion of the grading
work, the cut face or fill slope shall evidence which might be detrimental
to the properties above and below the grading site, the Board of Commissioners,
upon the recommendation of its administrator, may direct the property owner
to take necessary remedial steps in accordance with sound engineering practice
to restore the grading to a safe condition and to do so in a reasonable period
of time.
Neither the issuance of a permit under the provisions of this chapter
nor compliance with the provisions hereof or with any condition imposed by
the Administrator hereunder shall relieve any person from any responsibility
for damage to persons or property resulting therefrom, or as otherwise imposed
by law, or impose any liability upon the township or any person, firm or agency
engaged to review a permit application for damages to persons or property.
A.Â
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.Â
When written notice of any of the provisions of this
chapter has been served by the Administrator on any person, such violation
shall be discontinued immediately. If the violation is not discontinued, the
Administrator shall revoke the grading permit, and the violation is subject
to a fine.
C.Â
Any person violating any of the provisions of this chapter
shall be liable, on conviction thereof, to a fine not exceeding six hundred
dollars ($600.) plus costs of prosecution, per day for each and every offense;
in default of payment of such fine and costs, such violator may be imprisoned
for a period not exceeding thirty (30) days. Whenever such person shall have
been notified by the Administrator, 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 collected
by law.[1]
In case any work is performed by any person in violation 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.
