It shall be unlawful for any person, partnership, business or
corporation to undertake, or cause to be undertaken, the excavation,
filling and/or grading of any land within the Township unless an approved
permit has been obtained from the Township.
For the purposes of this chapter, certain terms and words herein
shall be interpreted as follows:
A. Words used in the present tense include the future tense; the singular
number includes the plural, and the plural number includes the singular;
words of masculine gender include feminine gender; and words of feminine
gender include masculine gender.
B. The word "include" or "including" shall not limit the term to the
specific example but is intended to extend its meaning to all other
instances of like kind and character.
C. The word "person" includes an individual, firm, association, organization,
partnership, trust, company, corporation, or any other similar entity.
D. The words "shall" and "must" are mandatory; the words "may" and "should"
are permissive.
E. The words "used or occupied" include the words "intended, designed,
maintained, or arranged to be used, occupied or maintained."
The following words and phrases when used in this chapter shall
have the meanings given to them in this subsection unless the context
clearly indicates otherwise:
AGRICULTURAL ACTIVITIES
The work of producing crops and raising livestock including
tillage, plowing, disking, harrowing, pasturing and installation of
conservation measures. Construction of new buildings or impervious
area is not considered an agricultural activity.
COUNTY
The County of Westmoreland, Pennsylvania.
EARTH DISTURBANCE
A construction or other human activity which disturbs the
surface of the land, including, but not limited to, clearing and grubbing,
grading, excavations, embankment construction, land development, building
construction and the moving, depositing, stockpiling, or storing of
soil, rock or earth materials, road maintenance excluding periodic
resurfacing.
EARTH MATERIAL
Any rock, natural soil or fill and/or any combination thereof.
EROSION
The wearing away of the land surface by running water, wind,
ice, or other geological agents, including such process as gravitational
creep or by chemical agent.
EXCAVATION
The mechanical removal of earth material.
FILLING
The disposition of earth material, or any material.
GOVERNING BODY
Pennsylvania Department of Environmental Protection, Westmoreland
County Conservation District or Upper Burrell Township.
GRADING
Any excavating or filling or combination thereof.
PERSON
An individual, partnership, association, corporation or a
governmental unit, public entity or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
SEDIMENT
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site of origin by
water, wind, gravity, or ice and has come to rest on the earth's
surface.
SEDIMENTATION
The process by which mineral or organic matter is accumulated
or deposited by the movement of water, wind, gravity or ice.
STEEP SLOPES
Those areas on the development site which have a slope or
property having a slope of 4:1 or 25% or greater.
Application for a grading permit shall be made in writing to
the Township on forms supplied by the Township. Such application shall
contain at least the following:
A. The name and address of:
(2) The owner of the land on which the work will be performed.
(3) The contractor performing the work.
B. An identification and description of the work to be covered by the
permit for which application is made.
C. A description of the land on which the proposed work is to be done,
by lot, block, tract and house and street address, or similar description
which will readily identify and accurately locate the proposed work.
D. An estimate of the cost of the proposed work. Estimated costs shall
be reviewed and approved by the Township Engineer prior to issuance
of grading permit.
E. The name and contact information of the registered professional preparing
the grading plan for the areas of disturbance wherein the final grade
will result in a steep slope.
F. Such other information as reasonably may be required by the Township.
G. Submission of plans for review.
The Township shall issue a grading permit only after it has
been determined that the proposed work will be in conformance with
all applicable requirements and regulations.
After the issuance of a grading permit by the Township, no changes
of any kind shall be made to the application, grading permit or any
of the plans, specifications or other documents submitted with the
application without the written consent or approval of the Township
or its designated official.
In addition to the grading permit, the Township shall issue
a placard which shall be displayed on the premises during the time
the work is in progress. This placard shall show the number of the
grading permit, the date of its issuance, expiration date, and be
signed by the either the Township Engineer or its designated official.
During the permitted work period, the Township or their designated
official may inspect the premises to determine that the work is progressing
in compliance with information provided on the permit application
and with all applicable Township laws and ordinances and applicable
laws. In the event the Township discovers that the work does not comply
with the permit application or any applicable laws and ordinances,
or that there has been a false statement or misrepresentation by any
applicant, the Township Official may revoke the grading permit and
report such fact to the Board of Supervisors for whatever action it
considers necessary. The applicant shall be responsible for all direct
costs incurred by Township as a result of inspections of proposed
grading work.
The application for a grading permit shall be accompanied by a fee in an amount as established from time to time by resolution of the Board of Supervisors payable to the Township. Any new permit required pursuant to §
173-11B of this chapter shall be accompanied by a fee in an amount as established from time to time by resolution of the Board of Supervisors.
Permittees shall bear all costs of inspections required or permitted
hereunder and shall deposit with the Township such sum as the Board
of Supervisors shall determine, to guarantee payment of the costs
of such inspections. The costs of such inspections shall be in accordance
with the established schedule of fees and collection procedure for
matters pertaining to this chapter.