[HISTORY: Adopted by the Board of Supervisors
of the Township of West Deer 11-14-1974 by Ord. No. 101. Amendments noted where
applicable.]
A.
Title. This chapter shall be known and may be cited
as the "West Deer Township Grading Ordinance."
B.
Purpose. The purpose of this chapter is to provide
minimum standards to safeguard persons and property and 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.
A person licensed by the Commonwealth of Pennsylvania to
practice architecture.
A natural rock layer, hard or soft, in place at ground surface
or beneath unconsolidated surficial deposits.
A person licensed by the Commonwealth of Pennsylvania to
practice engineering and who is knowledgeable in the branch of civil
engineering.
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.
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, pushed, dumped, pulled, transported or moved
to a new location and shall include the condition resulting.
The Board of Supervisors of the Township of West Deer.
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 and 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 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 engineering.
The unpublished and operational soil survey for Allegheny
County, Pennsylvania, and the accompanying text, Soil Survey Interpretations
of Allegheny County, Pennsylvania, as prepared by the United States
Department of Agriculture (USDA) Soil Conservation Service, et al.
When applicable, "soil survey" shall mean Soil Survey, Allegheny County,
Pennsylvania, when this publication is completed.
All parts of combinations of ashes, garbage, refuse, radioactive
material, combustible demolition materials and industrial wastes such
as food-processing wastes, wood, plastic, metal scrap, etc.
A person registered by the Commonwealth of Pennsylvania as
a surveyor.
A.
All grading must be reported to the Township. A grading
permit must be obtained from the Administrator for new grading, excavations
and fills; changes, additions or alternations made to existing excavation
or fills conform to the provisions of these regulations. A separate
grading permit shall be required for each site. One permit may cover
the grading, excavation and any fills made on the same site. All other
permits that are required by other government agencies are the responsibility
of the contractor or the owner.
[Amended 12-17-2008 by Ord. No. 375]
B.
Only one 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.
[Amended 1-22-1997 by Ord. No. 265]
A grading permit will not be required for any
of the following situations; however, all grading must be reported
to the Township:
A.
Grading that 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 that 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
Protection and the Allegheny County Department of Health.
C.
Excavation that does not exceed five feet in vertical
depth, does not result in cut and/or fill slope steeper than four
horizontal to one vertical and does not exceed an area of 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 that does not exceed five feet in vertical
depth, does not result in a cut or fill slope steeper than three horizontal
to one vertical and does not exceed an area of 5,000 square feet in
areas of soils not recognized by the Soil Survey or better as landslide-prone.
E.
Fill amount that does not exceed 500 cubic yards on
any one site.
F.
Fill that does not exceed five 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 5,000 square feet
and the slope of fill is not steeper than three horizontal to one
vertical.
G.
Grading that 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 that is temporarily stockpiled
on the same site as 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 120 days, then a permit shall be necessary when disposing
of the fill material.
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 § 132-2, 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. If, after such notification, the property owner has not made the necessary repairs within the time adopted, then the governing body may direct government employees to make the required repairs and the cost thereof shall be borne by the property owner by a lien filed as provided by law.
A.
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:
(1)
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.
(2)
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; a 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 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; 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, surveyor or architect
who prepared the same; the name of the applicant; and the owner of
the land. Plans shall be submitted in triplicate, one set of which
shall be of reproducible nature.
(3)
State the estimated dates for the starting and completion
of grading work.
(4)
State the purpose for which the grading application
is filed.
(5)
Be accompanied by a permit fee, based on the number
of cubic yards (c.y.) of material to be graded, as set from time to
time by resolution of the Board of Supervisors.
[Amended 1-22-1997 by Ord. No. 265]
B.
The Administrator shall obtain such advice as he or
she deems necessary for proper review of an application for a grading
permit from governmental agencies, professional engineers or engineering
geologists. The advice so obtained shall be in sufficient detail to
reasonably ensure that proposed grading will not create a hazard and
that there will be a minimum of soil erosion on the site to be graded.
C.
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 soils; 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.
D.
In no case shall the Administrator require more than
minimum adequate standards, as recommended by governmental agencies,
professional engineers or engineering geologists and other requirements
specified in this chapter for issuing a grading permit.
Before issuance of a grading permit, the applicant
shall post a bond, corporate surety or other approved security in
the amount of 10% of the estimated cost of the grading work and erosion
control facilities proposed for the permit to guarantee completion
of said work and facilities in a satisfactory manner, 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.
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 year or is not completed within three
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. Any physical changes in the site such
as surface water drainage, soil and bedrock dislocations, alteration
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 permit and completion
of the project.
A.
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.
The governing body shall consider within 30 days appeals
from the provisions of these regulations or from the denial by the
Administrator, and the governing body within 30 days shall consider
alternate methods, standards or materials proposed by the developer
when, in his or her 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.
The permittee or his or her 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 or her office at least two working days before start or completion
of grading operations.
B.
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.
In special cases, when grading occurs in areas of
landslide-prone soil, 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.
Maximum slope steepness of a cut should be three horizontal
to one vertical for minimizing erosion and landslide hazard. 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)
Landslide-prone soils where slopes are greater than
25% shall have cut slopes no steeper than three horizontal to one
vertical. Soil survey map symbols are as follows:
|
34-DE-6
|
34-E-2
|
34-F-1
|
65-E-2
|
(2)
Landslide-prone soils where slopes are less than 25%
shall have cut slopes no steeper than two horizontal to one vertical.
Soil survey map symbols are as follows:
|
32-B-2
|
34-C-2
|
65-C-2
|
67-C-2
| |
|
32-C-2
|
34-D-2
|
65-D-2
|
67-D-2
| |
|
34-B-2
|
65-B-2
|
67-B-1
|
(3)
Soils which are not or have a low probability of being
landslide-prone shall have a slope no steeper than 1 1/2 horizontal
to one vertical. All soil survey map symbols, except the symbols listed
above, denote soils of low landslide probability.
B.
Cut slopes which are steeper than those specified
above may be allowed under a grading permit, provided that one or
both of the following is satisfied:
(1)
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)
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.
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.
Guidelines for cuts in the Erosion and Sediment Control
Handbook for Allegheny County, Pennsylvania, should be followed. One
or a combination of guidelines should be used to minimize hazard,
depending on site conditions and proposed grading.
A.
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.
All fills shall be compacted to provide stability
of fill material and to prevent undesirable settlement or slippage.
C.
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.
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.
Guidelines for fills in the Erosion and Sediment Control
Handbook for Allegheny County, Pennsylvania, should be followed. One
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 Allegheny County,
Pennsylvania, should be followed. One 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. Governmental and/or engineering reports should
be used as evidence that proposed grading will not constitute a hazard.
A.
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.
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.
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.
In general, where a wall is replacing an exposed slope,
the vertical face of the wall shall be three feet back from the adjoining
property.
(1)
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.
(2)
The requirement of this subsection may also be set
aside when the proposed retaining wall is a joint venture between
adjacent property owners and appropriate documents so stating are
filed with the application for the permit.
B.
To prevent damage, grading plans should follow Vegetative
Control Methods and Ditch and Conduit Control Methods in the Erosion
and Sediment Control Handbook for Allegheny 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 years, except where
the Administrator deems greater protection necessary.
A.
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.
If, at any time subsequent to the completion of the
grading work, the cut face or fill slope shall evidence signs of deterioration,
erosion or other evidence which might be detrimental to the properties
above and below the grading site, the Board of Supervisors, 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 the compliance with the provisions hereto 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, nor 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.
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.
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 or within a reasonable time limit
specified in such notice. If violation is not discontinued or extends
beyond the specified time limit, the Administrator shall revoke the
grading permit and the violation is subject to fine.
C.
Any person, firm or corporation who shall violate
any provision of this chapter, upon conviction thereof in an action
brought before a Magisterial District Judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000, plus costs, and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days. Each day that
a violation of this chapter continues or each section of this chapter
which shall be found to have been violated shall constitute a separate
offense.
[Amended 1-22-1997 by Ord. No. 265; 4-20-2016 by Ord. No. 408]
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.
