It is hereby ordained and enacted by the Board
of Supervisors of the Township of Daugherty, County of Beaver, Commonwealth
of Pennsylvania, that from and after the passage of this chapter the
following regulations shall be in full force and effect. The provisions
of this chapter shall be held to be the minimum requirement for the
protection of the health, safety and welfare of the people at large
and are designed to encourage the establishment and maintenance of
reasonable community standards of physical environment.
This chapter may be cited as the "Daugherty
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 erosion, hazardous rock and soil
slippage, sedimentation 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.
No person shall construct, enlarge, alter or
repair any grading excavation or fill except in full compliance with
all the provisions of this chapter and after the lawful issuance of
all permits required by this chapter.
Neither the issuance of a permit under the provisions
of this chapter, nor compliance with its provisions, nor conformance
with conditions required by any such permit shall relieve any person
from liability for damage resulting from grading, nor attach any liability
upon the Township for damages to persons or property.
Wherever used in this chapter, the following
words shall have the meanings indicated.
- BEDROCK
- The natural rock layer, hard or soft, in place at ground
surface or beneath unconsolidated surface deposits.
- BOARD OF SUPERVISORS
- The governing body of the Township of Daugherty.
- ENGINEER
- In this context, the term "professional" shall mean that
an individual is qualified within the laws of the Commonwealth of
Pennsylvania.
- ENGINEERING GEOLOGIST
- A person who holds a degree in geology from an accredited
college or university and who is a registered professional engineer.
- EROSION
- The detachment and movement of soil and 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, and shall include the conditions resulting therefrom.
- FILL
- An act by which earth, sand, gravel, rock or any other material
is moved to a new location, including the material itself and the
condition resulting from such act.
- GRADING
- An excavation or fill or any combination thereof, including
the condition resulting from any excavation or fill.
- GRADING PERMIT
- The permit required by these regulations.
- HAZARD
- A danger or potential danger to life, limb or health, use
or stability of property, waterways, public ways, structures, utilities
and storm sewers, including stream pollution.
- PERSON
- A person, partnership, corporation, trust or association.
- SEDIMENT
- Soil material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water, gravity or ice and has come to rest on the earth's surface
either above or below water level.
- SITE
- A lot, tract, parcel of land or series of lots, tracts or
parcels of land which are adjoining where grading work is continuous
and performed at the same time.
- SOIL ENGINEER
- A professional engineer specializing in soil analysis (see
"engineering geologist").
- SOIL SURVEY
- The unpublished and operational soil survey for Beaver County,
Pennsylvania, and the accompanying text, soil survey maps and interpretations
for development areas in Beaver County, Pennsylvania, as prepared
by the United States Department of Agriculture Soil Conservation Services
et al.
- TOWNSHIP
- The Township of Daugherty.
- TOWNSHIP ADMINISTRATOR
- The person or persons designated by the governing body to
administer this chapter.
- WASTE
- All parts or combination of ashes, garbage, refuse, combustible
demolition materials and industrial wastes, such as food processing
wastes, wood, plastics, metal scrap, etc.
- WATERCOURSE
- A drainage route or channel for the flow of water.