This chapter shall be known as the "Rochester Township Grading,
Excavation and Fill Ordinance."
The purpose of this chapter is to provide minimum standards
to safeguard persons, protect property, maintain the present level
of ecology, and promote the public welfare 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 words listed below shall
have the following meanings:
ADMINISTRATOR
The qualified individual designated from time to time by
the Rochester Township Commissioners to act for Rochester Township
under this chapter, usually the Township Code Enforcement Officer.
BUILDING PERMIT
A valid permit issued by Rochester Township pursuant to the
provisions of applicable Rochester Township ordinances for the construction,
erection or alteration of a structure or building.
CLEAN
Uncontaminated; and, as it relates to fill, also non-water-soluble.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity, including such process as gravitational
creep.
EXCAVATION
Any act by which earth, sand, gravel, rock, coal or any other
similar material is cut into, dug, quarried, uncovered, removed, displaced,
relocated or bulldozed, and shall include the conditions resulting
therefrom.
FENCE
A structural barrier to prevent intrusion within a given
area.
FILL
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, pushed, dumped, pulled, transported or moved
by man from its original location to a new location, and shall include
the conditions resulting therefrom.
FINISHED GRADE
The elevation of the ground surface above sea level after
grading has been completed; the elevation coincides with the elevation
called for in a plan of grading.
GRADING
An excavation, fill or any combination thereof; "grading"
shall include the conditions resulting from any excavation or fill.
HAZARD
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, including stream pollution.
PAVING
The application of such material as will produce a dust-free,
all-weather, hard surface.
PERSON
A natural person or persons, but shall also include a partnership
or corporation and their heirs, successors and assigns.
ROUGH GRADE
That state of grading which approximates the finished grade
in a plan of grading.
SITE
A lot, tract or parcel of land, or a series of lots, tracts
or parcels of land, joined together, where grading work is continuous
and performed at the same time.
SLOPE
The ratio formed by the horizontal over the vertical difference
of position and where the vertical difference is usually expressed
as one (e.g., 2:3, 3:1, etc.).
New grading (excavation or fill) or changes, additions, repairs
or alterations made to an existing grading (excavation or fill) shall
conform to the provisions of this chapter.
No person shall commence or perform any grading (excavation
or fill) without first having obtained a grading permit from the Administrator.
A separate grading permit shall be required for each site. One grading
permit may cover both the excavation and any fill made on the same
site.
A grading permit will not be required in the following situations,
but in all other respects the provisions of this chapter shall apply:
A. An excavation which does not exceed four feet in vertical depth at its deepest point measured from the existing grade, if the grading does not cover an area of more than 20% of the site; does not exceed 6,000 square feet; does not exceed 250 cubic yards; 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 Township's consulting engineer as containing landslide-prone soils. This exception shall not affect the applicability of this chapter to the requirement of the grading permit for any fill made with the material from such excavation, unless such fill is within the exception of Subsection
B herein.
B. A fill which does not exceed four feet in vertical depth at its deepest
point measured to the existing grade, if the grading does not cover
an area of more than 20% of the site, does not exceed 6,000 square
feet and does not exceed 250 cubic yards and the surface of such fill
does not have a slope at any point steeper than four horizontal to
one vertical.
C. An excavation for basements and footings of a building, swimming
pool or underground structure authorized by a building permit; and
excavation of a driveway between a building site and the street where
the plot plans attached to the building permit indicate existing and
proposed contours. A grading permit shall not be required for the
temporary stockpiling, on the same site, of the material from such
excavation within a one-year period beginning from issuance of the
building permit.
D. A single-family house site where the minimum slope between property lines or the maximum excavation or fill (exclusive of the situations referred to in Subsection
C hereof) does not exceed the slopes or quantities set forth in the following table:
|
Single-Family House Site
(area to be graded in square feet)
|
Maximum Slope Without Permit
(feet vertical per 100 feet horizontal)
|
Maximum Excavation or Fill Without Permit
(cubic yards)
|
---|
|
Less than 12,000 square feet
|
12 in 100 feet
|
100
|
|
12,000 to 30,000 square feet
|
15 in 100 feet
|
200
|
|
Greater than 30,000 square feet
|
20 in 100 feet
|
250
|
E. Normal agricultural activities commonly and routinely engaged in
by Township residents owning farms.
F. Excavations and fills for individual lot utility service installation,
such as trenching and backfilling for water or sewer, power, cable
television, telephone or other service, for individual property owner
use, as long as such excavation or fill is required by the utility
having jurisdiction and is necessary for the provision of such service
to individual property.
G. Excavations and fills for landscaping performed by individual property
owners or those contracted by individual property owners for the purposes
of individual lot enhancement. No permit is required so long as the
grades, depths, volumes, areal measurement and other items specified
elsewhere in this chapter are not exceeded.
Every applicant for a grading permit shall file a written application
therefor with the Administrator. Such application shall:
A. 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 locate the proposed work.
B. Be accompanied by plans and specifications, in triplicate, prepared
by a registered engineer, registered surveyor or registered landscape
architect, licensed by the Commonwealth of Pennsylvania, including:
a plan of survey; a contour map showing the present contours of the
land and the proposed contours of the land after completion of the
proposed grading at a scale not smaller than 50 feet to one inch and
a contour interval of not greater than five feet; a plan showing cross
sections of the proposed cut and/or fill at fifty-foot intervals which
show the method of benching both cut and/or fill, however, under no
circumstances shall there be fewer than two cross sections for each
property involved under said grading permit; a plot plan showing the
location of the grading, boundaries, lot lines, neighboring streets
and ways, existing and proposed buildings, existing waterlines, sewers
and drains, existing utility lines, type of ground cover or vegetation,
sufficient dimensions and other data to show the location of all work,
description of the type and classification of soil obtained from an
on-site investigation, details and location of existing watercourses,
and details of paving, information regarding any proposed drainage
structures and pipes, walls and cribbing, details of bridges and/or
culverts required to cross over watercourses, nature of fill material
and such other information as the Administrator may require to carry
out the purpose of this chapter. All plans shall be dated and bear:
(1) The name and seal of the registered professional who prepared the
same;
(2) The name of the applicant; and
(3) The name of the owner of the land.
C. State the estimated dates of the starting and completion of the grading
work.
D. State the purpose for which the grading application is filed.
Every grading permit shall expire by limitation and become null
and void if the work authorized by such grading permit has not been
commenced within one year or is not completed within two years from
the date of issue, provided that the Administrator may, if the grading
permit holder presents satisfactory evidence in writing that unusual
difficulties have prevented the 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 grading permit.
Following are general standards for grading:
A. No grading, stripping of topsoil, excavation or other land disturbance
activity which changes the existing contours or results in the removal
of existing vegetation (other than the removal of dead or diseased
plant material) shall be permitted before the final grading permit
has been approved.
B. Grading shall be limited to the minimum area necessary to provide
for buildings, roads, parking areas, utilities and other facilities
shown in an approved grading permit.
C. Grading in areas susceptible to landslides, subsidence, flooding
or steep slopes or in wetlands shall comply with the additional provisions
hereunder.
D. A soil erosion and sedimentation control plan shall be prepared in
accordance with the provisions of Title 25, Environmental Resources.
Chapter 102, Erosion Control, and approved by the Beaver County Conservation
District (BCCD) prior to the commencement of any grading or other
regulated earth disturbance activity, unless the BCCD determines that
a soil erosion and sedimentation control plan is not required. Any
disturbed areas shall be seeded with PaDOT seed mix Type D or its
equivalent approved by the Township.
E. The applicant shall be responsible for protecting adjacent and downstream
properties from damage which occurs as a result of earth disturbance
on the site. Such protection shall include cleaning up and restoring
to their original condition any adjacent and downstream properties
adversely affected by silt, debris, flooding or other damage resulting
from the earth disturbance activity.
F. The top and bottom edges of cut or fill slopes shall be kept back
from property or right-of-way lines three feet plus 1/5 the height
of the cut or fill, which total distance need not exceed 10 feet.
G. Topsoil stripped from the site in preparation for earthmoving activities
shall be stockpiled on site and replaced on the site over all regraded,
nondeveloped areas at a minimum depth of four inches.
H. Fill area shall be prepared by removing organic material, such as
vegetation and rubbish, and other material determined by the Administrator
to prevent proper compaction and stability.
I. Proposed grading shall be accomplished so that existing stormwater
runoff flows are neither increased from predevelopment rates nor concentrated
at the point of release onto abutting or downstream properties. Permit
applicant may be required to provide proof of sewer runoff flows.
J. Maximum steepness of graded slopes shall be no greater than two horizontal
to one vertical except under the following conditions:
(1) Where the height of a proposed slope will not exceed 10 feet, then
a maximum slope steepness of one horizontal to one vertical may be
allowed where soil conditions permit and doing so will help to preserve
existing vegetation or other significant natural features. The cut
or fill shall be located so that a line having a slope of two horizontal
to one vertical and passing through any portion of the slope face
will be entirely inside the property lines of the proposed grading
work.
(2) Where a retaining wall, designed and sealed by a registered professional
engineer, licensed by the Commonwealth of Pennsylvania, is constructed
to support the face of the slope. Retaining walls must be constructed
in accordance with the American Association of State Highway Officials
Standard Specifications for Highway Bridges, latest edition.
K. Excavation adjacent to any building foundation walls, footing or
structures shall not extend beyond the angle of repose or natural
slope of the soil under the nearest point of the same unless the foundations,
footing or structures have been sufficiently underpinned or otherwise
protected against settlement.
L. Graded slopes of 20 or more feet in height shall be benched every
12 feet. Benches shall have a minimum width of six feet and a maximum
slope of 5%. Benches shall be planted with trees at a rate of one
tree per 30 linear feet of bench. Trees shall have a minimum caliper
of 1.5 inches DBH. Species of trees may be mixed but shall consist
of hardy native species. New planting shall be inspected yearly, and
all dead, diseased or damaged trees shall be replaced.
M. No grading shall be permitted in a floodplain or wetland area unless
a permit is obtained from the appropriate Pennsylvania Department
of Environmental Protection office. The applicant shall be responsible
for payment for all costs associated with obtaining said permit and
shall produce said permit for inspection upon request of the Administrator.
The following standards shall apply to all grading and disturbance of land with slopes of 25% or greater. If any of the delineated steep slope areas include soils or geologic features which indicate possible instability, the additional standard contained in §
81-15 shall apply.
A. Slopes between 24% and 40%. No more than 25% of slope areas with
existing grades between 25% and 40% shall be stripped of vegetation
or disturbed through grading. Grading for roads shall be limited to
the cartway, and the remainder of the right-of-way shall be left undisturbed.
B. Slopes exceeding 40%. No development or disturbance shall be allowed
on slopes exceeding 40%. Very limited disturbance for utilities may
be allowed if the applicant demonstrates that no feasible alternative
location exists.
No trading, removal of vegetation, construction or other disturbance
shall be permitted on soils that are classified as slide-prone or
unstable, on any land that is delineated as unstable, or on any other
areas of a site that exhibit signs of instability, except in accordance
with the provisions of this section.
A. Unstable areas of a site may be set aside as common or private open
space.
B. Limited disturbance of unstable areas may be allowed if the applicant
demonstrates to the satisfaction of the Administrator that the proposed
disturbance will not cause sliding, movement or any unsafe condition
either on the site or on any adjacent property.
C. Evidence of the safety of any proposed disturbance shall require
site investigation and certification in writing by a registered professional
soils engineer, engineering geologist or professional engineer with
experience in soil engineering that the proposed activity will not
create or exacerbate unsafe conditions.
Adequate provisions shall be made to prevent any surface waters
from damaging the cut face of an excavation or sloping surface of
a fill. The Administrator shall require drainage structures or pipes
to be constructed or installed which are necessary to prevent erosion
and to satisfactorily carry away surface waters. All drainage provisions
shall be of such design as to carry surface waters to the nearest
practical location or natural watercourse which is a safe place to
deposit or receive such waters. Culverts and bridges of proper size
shall be installed where a watercourse is to be crossed in accordance
with state rules, regulations and law.
The owner of any property upon which an excavation or fill has been made shall maintain structures, fences, ground cover and other protective devices as established by the grading permit, and, further, the continued use of said area shall be contingent upon the maintenance and upkeep, satisfactory to Rochester Township. The certificate of completion may be revoked at any time by the Rochester Township Board of Commissioners in accordance with the procedures set forth in §
81-20B and
C, if the conditions of the grading permit are not being observed or if conditions exist that compromise the health, safety and welfare of any person, persons and/or property.
Neither the issuance of a grading permit under the provisions
of this chapter nor compliance with the provisions hereof or with
any condition imposed by the Rochester Township Engineer or Administrator
shall relieve any person from responsibility as may be determined
by law for damage to persons or property resulting from permitted
operation nor impose any liability upon the Rochester Township agents,
officers or employees for injury to persons or property.
In case any work is performed by any person in violation of
any case of the provision of this chapter, an officer of Rochester
Township, in addition to other remedies, may institute in the name
of Rochester Township any appropriate action or proceedings, whether
by legal process or otherwise, to prevent such unlawful work and to
restrain or abate such violation.
All costs for review above administrative costs, including but
not limited to engineering and legal, must be paid for by the applicant.