The purpose of this chapter is:
A. To 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. To establish performance standards which ensure land use practices
respectful of the natural topography and capabilities of the land.
C. To encourage maximum retention of natural topography and vegetative
features on hillsides.
D. To prevent earthflow and rockfall landslides.
E. To encourage imaginative and innovative site development and building
design that adapts to and takes advantage of the best use of the natural
terrain.
This chapter concerns new grading, excavation and fills; and
changes, additions or alterations made in existing excavations, fills
and embankments which shall conform to the provisions of this chapter.
The Chartiers Township Board of Supervisors shall designate
the Zoning Officer or his authorized representative for review, approval
and granting of grading permits and to make inspections of the grading
work.
An approved site plan, a building permit or both are prerequisite
to the granting of any grading permit.
A grading permit shall be required for an activity that exceeds
one or all of the following:
A. An excavation which exceeds three feet average in vertical depth.
B. A fill which exceeds 500 cubic yards of material on any one site.
C. Fill which is intended to support structures and/or covers an area
of more than 5,000 square feet.
A grading permit shall not be required for any of the following:
A. 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. 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 the material from such an excavation unless otherwise excused by Subsections
B and
C of this section.
B. 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.
C. A building site improved under authorization of a properly issued
building permit, where the maximum natural gradient between property
lines or the maximum excavation or fill do not exceed the grades or
quantities set forth in the following table:
One-Family House Site Area of Lot
(square feet)
|
Maximum Gradient Without Permit
|
---|
Less than 10,000
|
20 in 100 feet
|
10,000 to 24,000
|
25 in 100 feet
|
24,000 to 44,000
|
25 in 100 feet
|
Over 44,000
|
30 in 100 feet
|
D. Exploratory excavations under the direction of a soils engineer or
engineering geologist.
E. Excavations for wells, tunnels, public utilities or cemetery graves.
F. 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.
For the purpose of this chapter, certain terms and words are
herein defined:
APPLICANT
Any landowner or agent of a landowner who proposes to make
or causes 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.
ENGINEER
A registered professional engineer in the Commonwealth of
Pennsylvania, and knowledgeable in civil engineering.
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.
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.
EXCESSIVE SLOPE
Shall be defined as either of the following: those slopes
as identified on the soil group map as steep slopes of 25% or more;
or any virgin area where, in a 100-foot horizontal distance, the average
slope exceeds 25%.
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 Zoning Officer or his authorized
representative may require the submission of a report on the site
as prepared by 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 Washington County.
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.
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).
SOIL SURVEY
The Soil Survey of Washington County, Pennsylvania, as prepared
by the USDA Soil Conservation Service.
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 Protection.
STORMWATER MANAGEMENT
The control of surface water runoff as regulated by Chapter
293, Stormwater Management, and Chapter
305, Subdivision and Land Development.
SUBDIVISION ORDINANCE
The Subdivision and Land Development Ordinance, as amended, being Chapter
305 of the Chartiers Township Code.
ZONING ORDINANCE
The Zoning Ordinance, as amended, being Chapter
350 of the Chartiers Township Code.
Unless otherwise expressly stated, the terms and words shall,
for the purpose of this chapter, have the meaning 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."
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 agreement will be prepared by the applicant at his own cost and expense, and must be approved as to form by the Township Solicitor. Said agreement may be a part of, and incorporated in, a developer's agreement as required by Chapter
305, Subdivision and Land Development.
Every grading permit shall expire and become null and void if
the work authorized by said permit has not been commenced within 120
days or is not completed within one year from the date of issue, provided
that the Zoning Officer or his authorized representative may, if the
permit holder presents satisfactory evidence that unusual difficulties
have prevented work from 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 Zoning Officer or his authorized representative by the permit
holder. If the circumstances dictate, the Zoning Officer or his authorized
representative 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 is 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 Zoning Officer or his authorized representative.
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. Workdays. None of the work or activity covered by a grading permit
shall be conducted on a Sunday or legal holidays without the approval
from the Zoning Officer or his authorized representative.
E. Work hours. All of the work and activity covered by a grading permit
shall be conducted between the hours of 7:00 a.m. and 7:00 p.m., prevailing
times, unless these time limits are extended, excused or otherwise
modified by the Zoning Officer or his authorized representative.
All grading work within designated or known floodplains shall conform to the requirements and standards of Chapter
350, Article
XIII, Floodplain Management.
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.
This chapter shall take effect upon adoption.
All ordinances, code sections or parts thereof in conflict here
with are hereby repealed to the extent of such conflict.
Should any sentence, section, clause, or part or provisions
of this chapter be declared by a court of competent jurisdiction to
be invalid, the same shall not affect the validity of the chapter
as a whole, or any part thereof, other than the part declared to be
invalid.