[HISTORY: Adopted by the Board of Supervisors of the Township of
East Allen 5-24-2007 by Ord. No. 2007-05.
Amendments noted where applicable.]
The name of the ordinance shall be the "East Allen Township Grading
Ordinance."
A.
Earthmoving and grading including, but not limited to,
removal of vegetation and/or changes in topography are activities regulated
by this chapter.
B.
Earthmoving and grading activities shall be subject to the requirements of State Soil Erosion and Sedimentation Control Regulations, the Township Zoning Ordinance (Chapter 250), the Township Subdivision and Land Development Ordinance (Chapter 212), the Township Floodplain Ordinance (Chapter 112), and the Township Stormwater Management Ordinance (Chapter to be assigned[1]), whether or not it is regulated by this chapter.
C.
Notwithstanding anything to the contrary set forth in
this chapter, no grading permit shall be required pursuant to this chapter
in the following circumstances:
(1)
Earth disturbance for the purposes of normal agricultural
operations, gardening and topsoil preparation for planting of grass or other
vegetative ground cover.
(2)
Earth disturbance for the purposes of residential or
agricultural accessory structures or residential or agricultural accessory
uses where the aggregate area to be stripped of vegetation at any one time
does not exceed the following criteria:
(a)
One thousand square feet; or
(b)
One thousand five hundred square feet for lots smaller
than one acre in size when the earth disturbance is no closer than 20 feet
to a lot line, top-of-bank of any stream or watercourse, wetland, riparian
corridor, or steep slope (that is greater than 15%).
(c)
Two thousand square feet for lots of one acre in size
or larger but smaller than three acres in size when the earth disturbance
is no closer than 50 feet to a lot line, top-of-bank of any stream or watercourse,
wetland, riparian corridor, or steep slope (that is greater than 15%).
(d)
Four thousand square feet for lots of three acres in
size or larger but smaller than five acres when the earth disturbance is no
closer than 50 feet to a lot line, top-of-bank of any stream or watercourse,
wetland, riparian corridor, or steep slope, (that is greater than 15%).
(3)
Earth disturbance, up to a limit of one acre (43,560
square feet), for any purpose, no closer than 100 feet to a lot line, top-of-bank
of any stream or watercourse, wetland, riparian corridor, or steep slope,
(that is greater than 15%) regardless of the size of the lot.
(4)
Earth disturbance necessary for the construction of a
single-family home or residential or agricultural accessory structures or
residential or agricultural accessory uses on a lot in excess of five acres
when the Township Manager, in his/her sole discretion, determines that a permit
is not necessary for the reasonable protection of adjacent properties.
(5)
Earth disturbance necessary for the construction or repair
of public utilities and/or roads by public agencies, and/or Public Utility
Commission regulated utility companies.
(6)
Earth disturbance necessary for the construction of aboveground
swimming pools.
(7)
Earth disturbance performed by East Allen Township.
It shall be unlawful for any person, firm, or corporation to undertake
any of the following activities without first securing a grading permit, as
required pursuant to this chapter:
A.
To remove vegetated ground cover or improved ground cover;
B.
To cut, fill, or change the existing grade of any land;
C.
To disturb, modify, block, divert, or affect the existing
overland or subsurface flow of stormwater; or
D.
To construct, erect or install any dam, ditch, culvert,
drainpipe, bridge or any other obstruction affecting the drainage of any property,
or portion thereof.
A.
Whenever any proposed activity requires a building and/or
driveway permit, no such building or driveway permit shall be issued unless
the grading permit required hereunder has been issued. The plans and applications
required herein may be combined, when applicable, with plans and application
material submitted for building and/or driveway permits.
B.
A.
Any person, firm, or corporation proposing to engage
in activity requiring a grading permit hereunder shall apply for a grading
permit by written application which shall include the applicant's agreement
to comply with the applicant's plans and supporting documents and this chapter,
upon issuance of the permit.
B.
The applicant shall consult the East Allen Township Zoning Ordinance (Chapter 250), Subdivision and Land Development (Chapter 212), Floodplain Ordinance (Chapter 112), and Township Stormwater Management Ordinance (Chapter to be assigned[1]) as prepared, and as may be amended, which govern the development
of land and land use within the Township prior to making application for a
grading permit under this chapter.
C.
A separate application shall be required for each earth
disturbance operation. Three copies of all the documents referred to below
shall be submitted with each application. The application forms submitted
shall consist of the forms provided by the Township together with the required
fees. All applications shall be submitted to the Township Zoning Officer who
shall retain one for Township records and forward two copies of all documents
to the Township Engineers for initial plan review.
D.
The Board of Supervisors of East Allen Township shall
determine the fees for such grading permits, from time to time, by resolution.
E.
Any application for a grading permit shall be accompanied
by a plan showing the following:
(1)
A topographic survey plan of the site, at a suitable
scale of no less than one inch equals 50 feet and contour interval of no more
than two feet, prepared by a registered professional land surveyor or registered
professional engineer, including a boundary line survey, the location and
description of vegetative cover, and any other existing natural or man-made
features. Interpolated contours from USGS maps or any other similar source
are not acceptable. The plan size shall be a minimum eight-and-one-half-inch
by fourteen-inch.
(2)
This topographic survey plan shall also show existing
rights-of-ways and easements.
(3)
A site improvement and grading plan of the same size and scale as Subsection E(1) hereof, showing all changes to the site including proposed contours, structures and paving including tie-in dimensions to property lines, and water and sewage facilities. This improvement and grading information may be combined on the topographic survey plan when all information can be clearly and legibly shown. This site improvement and grading plan shall show (on one or more plans) the following:
(a)
Name and address of applicant and plan preparer, site
address, subdivision name and lot number (if applicable), and tax parcel identification
number.
(b)
Date of plan and any revisions, scale, north arrow, and
location map.
(c)
Property lines with bearings and distances, lot area,
existing and proposed property corner monumentation, and building restriction
lines.
(d)
Existing and proposed rights-of-way and easements.
(e)
One-hundred-year floodplain limit and elevation and riparian
corridors or buffers.
(g)
The limits of major trees (as defined in § 212-48B(3) of the Township Subdivision and Land Development Ordinance) to be removed.
(h)
Portions of the property sloped 8% to 15%, 15% to 25%,
and steeper than 25%.
(i)
Watercourses, ponds, lakes, and wetlands (if any).
(j)
Existing and proposed stormwater management facilities.
If new stormwater management facilities are proposed, the engineering calculations
used to design those facilities shall also be provided.
(k)
Dimensions of proposed structures, spot elevations of
proposed first floor and garage floor, ground at building corners and other
key locations such as corners of paved areas, road elevation at beginning
of driveway, and any other area as deemed necessary by the Township Engineer.
(l)
The design location and grading associated with any proposed
on-lot sewage disposal system.
(m)
The area reserved for providing a replacement on-lot
sewage disposal system (if required).
(n)
Landscape buffers or screens.
(o)
Any upstream watershed draining onto the property, with
a clear description of how stormwater runoff from the upstream watershed will
be accommodated.
(p)
Limits and amounts of existing and proposed impervious
cover with coverage ratios.
(q)
Limits of disturbance and all soil erosion and sedimentation
control measures and specifications.
(r)
Incidental improvements such as mail boxes, electric
or telephone junction boxes and downspouts do not need to be shown.
(4)
A written description of soil erosion and sedimentation
control measures (with appropriate plans and specifications), in accordance
with Section 44 of Chapter 102, Title 25, Rules and Regulations, Part I, Commonwealth
of Pennsylvania Department of Environmental Protection, Subpart C, Protection
of Natural Resources, Article II, Water Resources, Chapter 102, Erosion Control,
which shall be in conformity with the standards and specifications of the
East Allen Township ordinances.
(5)
If the proposed activity requires the submission and
implementation of a stormwater management plan in accordance with the Township
Stormwater Management Ordinance[3] such plan and supporting calculations shall be prepared by a registered
professional engineer and shall be submitted with this application for the
grading permit.
F.
The site plans required herein shall also be prepared
in accordance with the site plan requirements of the Township Zoning Ordinance[4] and/or other specific requirements of other ordinances and regulations
of the Township that include but are not limited to:
A.
It is recognized that earth disturbance creates risks
of runoff and soil erosion damage. This chapter establishes guidelines for
reducing these risks, but in all cases the property owner and their designers,
agents, and contractors shall be responsible for any damage directly or indirectly
caused by any activity regulated by this chapter.
B.
The public is hereby notified that the Township, Township
employees, and Township consultants undertake no responsibility for loss of
property, loss of life or personal injury due to activities regulated by this
chapter, even if all regulations and Ordinances of the Township are followed.
The following provisions apply for all activity governed by the provisions
of this chapter:
B.
Lot grading shall be in compliance with any subdivision
or land development plans which may have been approved for the property by
East Allen Township. Stormwater runoff shall be directed in the locations
anticipated by the original subdivision and/or land development plan.
C.
In the event that the lot is not part of a previously
approved subdivision or land development plan, the lot shall be graded to
secure proper drainage away from buildings and, to the extent possible, away
from street areas, except streets where curbs, storm sewer piping system,
or roadside swales exist. All drainage provisions shall be designed to efficiently
carry surface waters to the nearest swale, storm drain, or natural watercourse.
If the aforementioned facilities do not exist, then in that event stormwater
shall be evenly dispersed over the lot so as to best promote infiltration
of stormwater into the ground within the boundaries of the subject lot and
to minimize impacts to adjacent properties and roads. The design shall clearly
indicate how this will be achieved.
D.
The permittee shall construct and/or install such drainage
structures and/or pipes which are necessary to prevent erosion damage and
to satisfactorily manage surface waters in accordance with Title 25, Rules
and Regulations, Part I, Commonwealth of Pennsylvania Department of Environmental
Protection, Subpart C, Protection of Natural Resources, Article II, Water
Resources, Chapter 102, Erosion Control. Any drainage system not operating
as planned shall be corrected at the expense of the permittee.
E.
No person, firm, or corporation shall modify, fill, excavate,
or regrade the land in any manner as to endanger or damage any adjoining public
street, sidewalk, alley, or any other public or private property without protecting
such property from settling, cracking, erosion, sediment, stormwater pooling,
or other physical damage or personal injury which might result. Such activity
without such protection will constitute a nuisance punishable by the provisions
of this chapter.
F.
No person, firm, or corporation shall deposit or place
any debris or other material whatsoever, or cause such to be thrown or placed,
in any drainage ditch or drainage structure in such a manner as to obstruct
free flow.
G.
Stockpiled topsoil shall be protected from erosion.
H.
All disturbed areas shall be seeded, sodded, and/or planted
or otherwise protected from erosion within 60 days of groundbreaking, and
shall be watered, tendered, and maintained until growth is well established.
If state regulations require a shorter time, the shorter time shall be required.
I.
All permanent grading shall be designed and undertaken
to meet the following criteria:
(1)
Provide positive surface drainage away from on-site sewage
disposal systems; and
(2)
Provide positive surface drainage away from buildings
and structures (except for structures designed for acceptance of that drainage);
and
(3)
Provide that no cutting or filling, either temporarily
or permanently, shall be allowed to occur within two feet of any property
line, except at locations where specific grading and/or drainage easements
exist for the purposes of such grading, and/or is shown on a grading plan
approved as part of a subdivision of lots.
K.
Stormwater control facilities shall be designed, constructed,
and maintained in accordance with the Township Stormwater Management Ordinance.[3] Any stormwater management facilities provided must meet the requirements
of the Township Stormwater Management Ordinance, even if the proposed impervious
cover is less than 10,000 square feet. If the applicant proposes an increase
in impervious cover of more than 10,000 square feet, the grading plan shall
provide for stormwater runoff volume and quality control facilities in accordance
with the Township Stormwater Management Ordinance. Individual on-lot volume
or rate control (as described in this subsection) shall not be required for
properties being developed in a subdivision or land development that has been
provided with an overall comprehensive stormwater management system approved
by the Township in accordance with Township Subdivision and Land Development
Regulations,[4] provided the proposal is consistent with the original design parameters.
A.
No grading permit, building permit, or driveway permit
shall be issued by the Township until such time as a grading permit application
and plans have been found to be acceptable to the Township. Furthermore, no
certificate of occupancy permit shall be issued by the Township until such
time as the Township determines that all earth disturbance has been completed
in general conformity with the approved site improvement and grading plan.
B.
In all cases, the permittee shall be required to undertake
all earthmoving and grading activities in accordance with this chapter and
the approved site improvement and grading plan, whether or not inspection
by the Township is provided and whether or not a certificate of occupancy
is issued.
C.
Upon completion of approved earthmoving activities, the
permittee shall notify the Township that all earthmoving activities are complete.
The permittee shall submit a certification from the plan preparer that all
construction has been performed in accordance with the approved grading plan.
Upon receipt of this certification and review of such by the Township, the
Township can consider the permit "closed out." This grading permit must be
"closed out" prior to the issuance of an occupancy permit sought by the applicant
pursuant to the Township's Zoning Ordinance[1] and/or building codes (see § 117-10E).
A.
The permittee is responsible for any property damage
or personal injury caused by activity authorized by the grading permit.
B.
No person, firm, or corporation shall modify, fill, excavate,
pave, or grade land in any manner as to endanger or damage public or private
property, or to cause physical damage or personal injury. All precautions
will be taken to prevent any damage to adjoining streets, sidewalks, buildings,
and other structures which could be caused by settling, cracking, erosion
or sediment.
C.
No person, firm, or corporation shall fail to adequately
maintain in good operating order any stormwater management facility on its
premises. All watercourses, drainage ditches, culverts, drainpipes, structures,
and other stormwater management facilities shall be kept open and operating
at all times.
D.
The owner, from time to time, of any property on which
any work has been done pursuant to a grading permit issued under this chapter
shall continuously maintain and repair all graded surface and antierosion
devices such as retaining walls, drainage structures or means, plants and
ground cover, installed or completed.
E.
The permittee shall make adequate provision for dust
control.
F.
All plans and specifications accompanying any grading
permit application shall include provisions for both temporary and permanent
grading and stabilization.
G.
The installation and maintenance of erosion and sedimentation
control measures shall be accomplished in accordance with standards and specifications
established by the Northampton County Conservation District.
H.
The issuance of a grading permit shall not negate the
owner's and/or permittee's responsibility for obtaining any other permits
or approvals from any agency, including (but not limited to) East Allen Township,
which may have jurisdiction over any aspect of the project.
I.
Property corners to be set prior to final inspection.
A.
Inspections by the Township may be carried out on a random
basis at the option of the Township.
B.
If the construction of a building or structure is occurring
immediately after the initial earthmoving and grading activity:
(1)
No excavation for footings shall commence until after
the building permit approval;
(2)
Immediately following construction of the foundation
wall, and prior to the erection of the superstructure of any building, the
permittee shall provide the Township with three copies of a foundation location
and elevation survey bearing a certification from the permittee's licensed
engineer or surveyor indicating compliance with the approved plan; and
(3)
No further construction above the foundation wall will
be permitted until the Township has issued approval of the aforementioned
foundation location and elevation survey.
C.
A final inspection may, at the option of the Township,
be conducted by the Township to verify compliance with this chapter.
D.
In all cases, however, the permittee shall be required
to undertake all earthmoving and grading activities in accordance with this
chapter and the approved site improvement and grading plan, whether or not
inspection by the Township is provided. As-built plans shall be required prior
to the issuance of a certificate of occupancy if the owner or permittee is
seeking any change to the approved site improvement and grading plan.
E.
When weather conditions or time of year prevent the permittee
from completing all earthmoving and grading activities prior to a request
for a certificate of occupancy for a building or use, the Township, on a case-by-case
basis, may issue a temporary certificate of occupancy upon satisfaction of
all of the following criteria:
(1)
All final earthmoving and soil stabilization that can
be completed is completed;
(2)
Temporary soil erosion and sedimentation control facilities
are properly installed and in good repair;
(3)
Temporary seeding and mulching of disturbed areas is
complete;
(4)
The owner provides an agreement to the satisfaction of
the Township to guarantee completion of the earth disturbance within six months
of the date of the agreement.
Any grading permit issued under this chapter may be revoked or suspended
by the Township after notice by the Township for:
A.
Failure to carry out the soil erosion control or stormwater
control measures described in the application documents and/or failure to
satisfy the provisions of the earthmoving and grading and restoration time
schedule described in the application documents or within such reasonable
extensions as may be granted by the Township;
B.
Violation of any other condition of the grading permit;
C.
Violation of any provision of this chapter or any other
applicable law, ordinance, rule, or regulation relating to the work; or
D.
Existence of any condition or the doing of any act constituting
or creating a nuisance, hazard, or endangering human life or the property
of others.
A.
The provisions of this chapter are intended as minimum
standards for the protection of the public health, safety, and welfare of
the residents and inhabitants of the Township. The Board of Supervisors may
grant a waiver of the requirements of one or more provisions of this chapter
if the Board of Supervisors concludes that the literal enforcement will exact
undue hardship because of peculiar conditions pertaining to the land in question,
provided that such waivers will not be contrary to the public interest and
that the purpose and intent of this chapter is observed. Financial hardship
alone shall not be sufficient justification for granting such waiver.
B.
All requests for a waiver shall be in writing to the
Board of Supervisors. The request shall state in full the grounds and facts
of unreasonableness or hardship on which the request is based, the provision
or provisions of this chapter involved and the minimum waiver necessary.
C.
The requested waiver shall represent the least modification
to address the hardship.
D.
All such waiver requests shall be approved or disapproved
by the Board of Supervisors. A written record of the action shall be kept
for all waiver requests.
In the case of any earth disturbance, filling, stripping, grading or
regrading or any disturbing, modifying, blocking, or diverting the overland
or subsurface flow of stormwater, or any construction, erection, and installation
of any dam, ditch, culvert, drainpipe, bridge, or any other structure or obstruction
affecting the drainage of any premises, in violation of this chapter, or any
regulations made pursuant hereto, the proper Township authorities, in addition
to other remedies provided by law, may institute any appropriate action or
proceedings against the permittee and/or owner to prevent such unlawful activities;
to restrain, correct or abate such violations; to prevent the use of the applicable
premises; and to prevent any illegal act, conduct of business or use on such
premises. In addition, upon the failure of any grading permit holder to complete
the control measures specified in the approved application, the Township may,
after revoking such grading permit, proceed to complete such measures itself,
and recover the cost thereof from the permittee and/or owner.
For any and every violation of the provisions of this chapter; 1) the
permittee, owner, agent, or contractor where such violation has been committed
or shall exist; 2) the lessee or tenant of an entire building or entire premises
where such violation has been committed or shall exist; 3) the permittee,
owner, agent, contractor, lessee or tenant or any part of a property on which
part such violation has been committed or shall exist; and 4) the permittee,
owner, agent, architect, contractor or any other person who knowingly commits,
takes part, or assists in any such violation or who maintains any property
on which any such violation exists; shall be liable on conviction thereof
before a District Justice to pay a fine or penalty not to exceed $1,000 for
each and every offense. Any such enforcement action shall be brought before
a District Justice in the same manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure. Whenever such
person, or persons, shall have been notified by the Township Zoning Officer,
Township Engineer, or the Township Board of Supervisors, or the Township Solicitor,
by service of a complaint in a prosecution, or by registered mail, that a
violation of this chapter is being committed, each day's continuance of such
violation after such notification shall constitute a separate offense punishable
by a like fine or penalty. Such fines and penalties shall be collected as
like fines or penalties are now collected by law.
