[HISTORY: Adopted by the Board of Commissioners of Upper
Moreland Township as Title 9, § 4.09; amended 4-5-1982 by Ord. No.
977; 1-23-1989 by Ord. No. 1175. Subsequent amendments
noted where applicable.]
A.
Title. This chapter shall be known and may be cited as "The Upper
Moreland Grading Ordinance."
B.
Purpose. The purpose of this chapter is to provide minimum standards
to safeguard persons, to protect property and to promote the public
welfare by regulating and controlling the grading, excavation, and
removal or destruction of topsoil, trees or other vegetative cover
or land within the Township of Upper Moreland.
C.
Validity. If any section, subsection, sentence, clause or phrase
of this chapter is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of the chapter.
Unless otherwise expressly stated, the following words shall,
for the purpose of this chapter, have the meanings herein stated.
Words in the singular include the plural, and words in the plural
include the singular. Present tense includes the future. The word
"building" shall be deemed to include the word "structure."
An excavation. The difference between a point on the original
ground and a designated point of lower elevation on the final grade.
Also, the material removed in excavation.
The removal of surface materials by the action of natural
elements.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed and shall include the conditions resulting
therefrom (excluding normal agricultural activity).
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 above the natural surface of the ground or on top
of the stripped surface and shall include the conditions resulting
therefrom. The difference in elevation between a point on the original
ground and a designated point of higher elevation in the final grade.
The material used to make a fill.
That area defined in the Township Zoning Ordinance as the
Floodplain Conservation District; the floodplain definition contained
therein is made part of this chapter by reference.[1]
The elevation of the existing ground surface at the location
of any proposed excavation or fill.
Any permit required under § 175-3 hereof.
The improvement of one or more contiguous lots, tracts or
parcels of land for any purpose involving:
One or more buildings; or
The division or allocation of land between or among two or more
existing or prospective occupants by means of or for the purpose of
streets, common areas, leaseholds, building groups or other features;
a division of land into lots for the purpose of conveying such lots
singly or in groups to any person, partnership or corporation for
the purpose of erection of buildings by such person, partnership or
corporation.
Any lot, tract or parcel of land, or series of lots, tracts
or parcels of land, joined together where grading work is continuous
and performed at the same time.
The surface water discharge or rate of discharge of a given
watershed after a fall of rain or snow that does not enter the soil
but runs off the surface of the land.
The surface water runoff that can be reasonably anticipated
upon maximum development of that area of the watershed located upstream
from the subject tract, as permitted by prevailing zoning or the Township
Comprehensive Plan, whichever is greater.
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water, or gravity. Once this matter is
deposited (or remains suspended in water), it is usually referred
to as "sediment."
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. Slopes are usually
expressed in a percentage, based upon vertical difference in feet
per 100 feet of horizontal distance or the relationship of the horizontal
distance to the vertical distance.
Chemical, physical or structural treatment of a mass of soil
to increase or maintain its stability or otherwise improve its engineering
properties.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for that purpose,
whether immediate or future, or lease, transfer of ownership or building
or lot development; provided, however, that the division of land for
agricultural purposes into parcels of more than 10 acres, not involving
any new street of easement of access, shall be exempted.
A low-lying stretch of land which gathers or carries surface
water runoff.
Surface soils and subsurface soils which presumably are fertile
solid and soil material, ordinarily rich in organic matter or humus
debris. Topsoil is usually found in the uppermost soil layer called
the "A" horizon.
A permanent stream, intermittent stream, river, brook, creek,
channel, ditch, swale, or culvert for water, whether natural or man-made.
[1]
Editor's Note: See § 350-120.
Permits required. No person shall commence or perform any grading,
excavation, fill, topsoil removal or removal of vegetative cover within
the Township of Upper Moreland without first having obtained a grading
permit from the Township Zoning Officer upon the recommendation of
the Township Engineer. A separate grading permit shall be required
for each site. One permit may cover both an excavation and any fill
made on the same site. A grading permit will not be required, however,
in the following situations, but in all other respects the provisions
of this chapter shall apply:
A.
Every applicant for a grading permit shall file a written application
therefor with the Township zoning office. 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 by a registered
engineer, including: A contour map showing the present contours of
the land and the proposed grading. The plan shall show contours at
vertical intervals of two feet with sufficient details to show the
course, structure, and capacity of all drainage facilities and the
method of drainage of the adjacent or contiguous territory. In areas
included within relatively level tract, contours may be shown at lesser
intervals as may be necessary for study as determined by the Township
Engineer. In no case shall the contour interval exceed 100 feet horizontally.
Bench marks to which contour elevations refer shall be noted. The
datum shall refer to USCGS and USGS datum. A plot plan showing the
location of the grading, boundaries, lot lines, neighboring streets
and alleys, buildings, trees over eight inches in diameter measured
at a point three feet above the ground, and sufficient dimensions
and other data to show the location of all work; description of the
type and classification of the soil; details and location of any proposed
drainage structures and pipes, walls and cribbing; floodplains, watercourses,
existing and proposed drainage structures; nature of fill material
and such other information as the Township Engineer may require to
carry out the purposes of this chapter. All plans shall be dated and
bear the name of the person who prepared the same, the applicant,
and the owner of the land. Eight copies shall be submitted.
(3)
Include a plan to be approved by the Township Engineer for minimizing
erosion and sedimentation in conformity with the requirements of this
chapter.
(4)
State the reason for which the grading is proposed.
B.
The Township Engineer may waive the requirements for any or all plans
and specifications listed above if he finds that the work contemplated
will conform to the provisions of this chapter.
Before any grading permit is issued, the applicant shall pay the appropriate permit fee as established in Chapter 140, Fees, Rates and Permits, of the Upper Moreland Township Code.
Every grading permit shall expire by limitation and become null
and void if the work authorized by such permit has not been commenced
within six months or is not completed within one year from the date
of issue; provided, however, that the Township Engineer may, if the
permit holder presents satisfactory evidence that unusual difficulties
have prevented work being started or completed within the specified
time limits, grant reasonable extensions of time, and provided the
application for extension of time is made before the date of expiration
of the permit.
A.
The Township Zoning Officer shall deny a grading permit upon recommendation
of the Township Engineer where, in their opinion, the work as proposed
by the applicant may endanger any property or any street or alley
or fails to meet Township standards. In determining whether the proposed
work is likely to endanger any property or streets or alleys or create
hazardous conditions, the Township Zoning Officer shall give due consideration
to possible saturation by rains, earth movements, runoff of surface
waters and subsurface conditions such as the stratification and faulting
of rock, and the nature and type of the soil or rock.
B.
The Board of Commissioners shall promptly consider appeals from the
provisions of this section or from the determinations of the Township
Engineer, and the Board shall make determinations or alternative methods,
standards or materials when, in its opinion, strict compliance with
the provisions of this chapter is not necessary. Any applicant or
permit holder shall have the right to appeal to any court of competent
jurisdiction from any decision or determination of the Board of Commissioners.
A.
Measures used to control erosion and reduce sedimentation shall, as a minimum, meet the standards and specifications of the Montgomery County Soil and Water Conservation District as contained in the Erosion and Sediment Control Handbook, June 1970, and the Upper Moreland Township Code, § 300-25. The Township Engineer, or other official as designated, shall ensure compliance with the appropriate specifications.
B.
Plans for erosion and sediment control shall be submitted in support
of the grading permit application.
In order to provide more suitable sites for building and other
uses, to improve surface drainage, and to control erosion, the following
requirements shall be met:
A.
All lots, tracts, or parcels shall be graded to provide proper drainage
away from buildings and dispose of it without unwanted ponding, and
all lands within a development shall be graded to drain and dispose
of surface water without ponding, except where approved by the Board
of Commissioners (such as for retention basins) on the recommendation
of the Township Engineer.
B.
All drainage provisions shall be of such design to adequately handle
the surface runoff and carry it to the nearest suitable outlet, such
as a curbed street, storm drain, or natural watercourse. Where drainage
swales are used to divert surface waters away from buildings, they
shall be sodded or planted as required and shall be of such slope,
shape and size as to conform with the requirements of the Township
Subdivision and Land Development Ordinance.[1]
C.
Concentration of surface water runoff shall only be permitted in
swales or watercourses.
D.
Excavations and fills.
(1)
Cut and fill slopes shall not be steeper than 2:1 unless stabilized
by a retaining wall or cribbing.
(2)
Adequate provisions shall be made to prevent surface water from damaging
the cut face of excavations or the sloping surfaces of fills.
(3)
Cut and fills shall not endanger adjoining property.
(4)
Fill shall be placed and compacted so as to minimize sliding or erosion
of the soil.
(5)
Fills shall not encroach on natural watercourses or constructed channels.
(6)
Fills placed adjacent to natural watercourses or constructed channels
shall have suitable protection against erosion during periods of flooding.
(7)
Grading shall not be done in such a way so as to divert water onto
the property of another landowner without the expressed written consent
of the affected landowner.
(8)
During grading operations, necessary measures for dust control shall
be exercised.
(9)
Grading equipment shall not be allowed to cross live streams. Provision
will be made for the installation of culverts or bridges.
(10)
Whenever a fill is to be made of materials other than clean
soil or earth, the grading permit shall be subject to the following
additional limitations and requirements:
(a)
The fill shall be completed within a reasonable length of time,
the said time limit to be determined by the Township Engineer and
to be specified on the grading permit.
(b)
Clean soil or earth shall be placed over the top and exposed
surfaces of the fill to a depth not less than four inches and sufficient
to conceal all materials other than clean soil or earth within the
fill. Where the nature of the fill requires, the Township Engineer
may require clean soil or earth to be placed over the top and exposed
surfaces of the fill in a depth sufficient to conceal all materials
at the end of each day's operations.
(c)
No grading permit shall be issued for the filling of materials
other than clean soil or earth until a faithful performance bond in
the amount of the Township Engineer's estimated cost of adequately
covering such fill with clean soil or earth has been furnished to
the Township. Such bond shall be executed by a corporate surety or
by the principal, as the Township may require, and shall be subject
to the approval of the Township Solicitor as to form. In lieu of said
bond, a cash deposit in the said amount may be made with the Township
or with a bank or trust company approved by the Township Solicitor,
which shall act as escrow agent.
(11)
Notice to adjacent property owners. Before commencing any excavation
or fill which will affect an adjoining property or structures thereon,
the person making or causing the excavation to be made shall give
written notice to the owners of said adjoining properties or structures
not less than 14 days before such excavation is to be made. Adjoining
properties and structures shall be protected as provided in the Township
Building Code.[2]
In order to maintain the supply of natural vegetation, prevent
erosion of the topsoil on the site and surrounding properties, foster
the retention of groundwater supply, and generally attempt to maintain
the ecological balance in the Township, the following requirements
shall be met:
A.
Every existing tree with a trunk eight inches or more in caliper
(measured at one foot above existing ground line), which is destroyed
because of street alignment, building placement, parking area location,
grading or otherwise, shall be replaced with one new tree of a type
specified by the Township with a trunk of not less than three inches
in caliper measured at one foot above ground line.
B.
Such new trees shall not be placed on the lot as street trees or
in place of trees required as screening.
C.
At the discretion of the Township, a number of trees not greater
in number than those destroyed may be planted on lands owned by the
Township in order to maintain the proper ecological balance of the
Township. The Township shall assess the developer the cost of these
trees, but the Township will bear the cost of planting.
A.
When written notice of a violation of any of the provisions of this
chapter has been served by the Township Zoning Officer, or any other
person designated by him, such violation shall be discontinued immediately.
B.
Any person violating any of the provisions of this chapter shall
be liable, on conviction thereof, to a penalty not exceeding $300
for each and every offense, and whenever such person shall have been
notified by the Township Zoning Officer or by service of a summons
in a prosecution or other written notice that he is committing such
violations of this chapter, each day that he shall continue such violation
after such notification shall constitute a separate offense punishable
by a like fine or penalty. Such fines or penalties shall be collected
as like fines or penalties are now by law collected.
In case any work is performed by any person in violation of
any of the provisions of this chapter, the proper official of this
Township, in addition to other remedies, may institute in the name
of the Township any appropriate action or proceeding at law or in
equity, whether by legal process or otherwise, to prevent such unlawful
work and to restrain and abate such violations.
