§ 88-7Permits required.
§ 88-8Exceptions.
§ 88-9Application for permit.
§ 88-10Submission of plans.
§ 88-11Drainage study.
§ 88-12Performance guarantee.
§ 88-13Approval.
§ 88-14Expiration of permit.
§ 88-15Appeals.
§ 88-16Inspections and fees.
A grading permit must be obtained for new grading, excavations, fills and changes, additions or alterations made to existing excavation or fills and shall conform to the provisions of these regulations. A separate grading permit shall be required for each site unless the site is included in a plan previously approved by the Township Board of Supervisors.
A grading permit will not be required for any of the following situations:
Grading limited to reasonable, regular, normal maintenance and landscaping improvements by individual homeowners, where standards provided herein are not violated.
Stockpiling of rock, sand, topsoil and aggregate in an area properly zoned for such use, when standards provided herein are not violated.
For the construction of a single-family or two-family structure per recorded lot or parcel where standards provided herein are not violated.
For work in streets or right-of-way dedicated to public use where standards provided herein are not violated.
For Daugherty Township projects undertaken by the Board of Supervisors where standards provided herein are not violated.
For accepted agricultural land management practices, such as plowing, nursery operations, removal and/or transplanting of cultivated sod, shrubs and trees.
For individual or community septic systems, provided that an approved permit has been issued by the Township and standards provided herein are not violated.
No grading permit shall be issued unless an application has been submitted and approved in accordance with the following provisions:
A complete application as provided by the Township for a grading permit shall be filed with the Township and shall be accompanied by a fee established by resolution of the Board of Supervisors to cover the cost of review and administration.
Three copies of a grading plan for the site with pertinent specifications shall be submitted to the Township. One complete set of approved plans shall be kept at the site while work is in progress.
Where any natural watercourse which is under the jurisdiction of the Pennsylvania Department of Environmental Protection, Division of Dams and Encroachments, may be affected by proposed excavations or fills along the banks of the watercourse or any culvert or bridge or by a change in direction, or by adjacent construction, the applicant must present as a part of his application, the permit and the letter of comment from the Department of Environmental Protection, Division of Dams and Encroachments.
A complete application shall be deemed approved if a permit is not issued or denied within 30 days from the date the application is submitted unless an extension is mutually agreed upon. The date of submission shall be indicated by the signature of an appropriate Township staff member on the application.
The application shall include not less than three copies of a grading plan to show how resulting erosion and sediment shall be controlled. The proposed grading plan shall be in accordance with standard engineering practices to clearly indicate the following:
A valid survey of the site on which the proposed work is to be done, including North arrow, location of prominent trees, wooded areas and watercourses.
The location and description of existing and known man-made features of importance to the proposed development, including, among others, distance to road intersections, structures, roads, utilities, excavations, fills and watercourses.
A topographic map showing existing and proposed contours after completion of grading, at two-foot intervals where the average slope is 10% or less and at five-foot intervals where the average slope exceeds 10%. The map will show drainage and soil conditions. Soil conditions shall be from collected field data.
A development schedule indicating the anticipated starting and completion dates of the development and the sequence of development.
Upon the approval of the Township Board of Supervisors through the appeal process referenced in § 88-15 of this chapter, or upon the recommendation of the Township Engineer, the requirements for preparation of plans by an engineer may be waived where it is evident that the proposed work is simple, clearly shown on the drawings submitted, and poses no potential nuisance or hazard to adjacent property. Situations such as excavation for replacement of service lines, placement of an in-ground swimming pool, or grading for an accessory structure foundation are examples of earth disturbance activities requiring no formal appeal to the Board of Supervisors.
When it is evident that the grading will affect the drainage on adjoining property(ies) or natural watercourses traversing the site, the Township Supervisors may require a detailed drainage study prepared by a registered professional engineer.
Where applicable, the drainage study shall show on a map of the site the location, pertinent elevations and dimensions of all present and proposed watercourses, drainage structures; proposed areas of excavations and fills, woodlands, structures, parking areas and driveways; source; storage and disposition of water channeled through or across the site; all proposed grading and drainage.
The drainage study shall describe the work to be performed and placement of cut and fill material.
The drainage study shall include calculations based on the Rational Method to determine runoff.
Drainage facilities to carry surface water shall be provided and designed to prevent erosion or overflow.
Adequate stormwater retention facilities shall be provided to ensure that stormwater runoff after grading shall not be greater than the runoff which would occur from the site in its natural state during a storm with a twenty-five-year probability.
The provisions of this section shall apply only in cases where grading is to occur without site development. Whenever site development is proposed, the requirements of Chapter 148, Subdivision and Land Development, and Chapter 175, Zoning, as amended, of the Code of Daugherty Township shall apply. The requirements of Chapter 148, Subdivision and Land Development, and Chapter 175, Zoning, as amended, may be applied in lieu of this section.
Before issuance of a grading permit, the applicant shall post a Pennsylvania-approved corporate surety or other approved security in the amount of 50% of the established cost agreed upon by the Township Engineer of the grading work and erosion control facilities proposed for the permit to guarantee completion of said work and facilities in a manner which meets the requirements of this chapter.
When the requirements of this chapter for obtaining a grading permit have been met, the Township shall approve the proposed plan for the issuance of a grading permit. When in the opinion of the Township work proposed by the applicant is likely to endanger any property, person, public roadway, or cause any other hazardous conditions, the Township shall show cause and disapprove the application for issuance of the grading permit.
A grading permit shall become null and void if the work authorized has not been commenced within six months or if not completed within one year from the date of the commencement of work. Upon request, an extension of six months may be granted by the Board of Supervisors.
Appeals may be taken to the Board of Supervisors within 60 days of any denial by the Township Administrator. The Board of Supervisors may grant relief from the strict provisions of this chapter where in its opinion alternate methods proposed by the developer will meet the objectives and intent of this chapter as referenced in § 88-10 of this chapter. Any applicant or permit holder shall have the right to appeal decisions of the Board of Supervisors to any court of competent jurisdiction.
Prior to issuance of a grading permit, the applicant shall remit to the Township an inspection fee for the performance of inspections of the work contemplated by the approved grading plan, in an amount specified by the Township in accordance with a schedule of fees established and adopted by the Board of Supervisors.
Fee schedule. The Board of Township Supervisors shall determine a schedule of fees, charges and expenses, as well as a collection procedure for permits, inspections and other matters pertaining to this Grading chapter. Said schedule of fees shall be posted in the offices of the Township Secretary. The Board of Supervisors may alter the fee schedule from time to time by resolution adopted at any public meeting of the Board.
