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:
ADMINISTRATOR
The person qualified and officially appointed by the governing body
to manage this chapter.
BEDROCK
Natural rock layer, hard or soft, in place at ground surface or beneath
unconsolidated surficial deposits.
ENGINEERING GEOLOGIST
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.
ENGINEER, PROFESSIONAL
A person licensed by the Commonwealth of Pennsylvania to practice
engineering and who is knowledgeable in the branch of civil engineering.
EROSION
The detachment and movement of soil or rock fragments by water, wind,
ice or gravity, including such processes as gravitational creep.
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
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.
GOVERNING BODY
The Board of Commissioners of the Township of Patterson.
GRADING
Excavation or fill, or any combination thereof, and shall include
the conditions resulting from any excavation or fill.
HAZARD
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.
PERSON
A natural person, but shall also include a partnership, corporation,
trust or association.
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 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.
SITE
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.
SOILS ENGINEER
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.
SOIL SURVEY
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.
SOLID WASTE
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 grading permit will not be required for any of the following situations:
A. 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. 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. 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. 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. The fill amount does not exceed five hundred (500) cubic
yards on any one (1) site.
F. 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. 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. 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.
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. 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. 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. State the estimated dates for the starting and completion
of grading work.
D. State the purpose for which the grading application is
filed.
E. Be accompanied by a permit fee, based on the quantity
of material to be graded, as set by resolution of the Board of Commissioners.
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.
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.
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.
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.