[HISTORY: Adopted by the Board of Supervisors of the Township
of Worcester 4-20-2011 by Ord. No. 229. Amendments noted where
applicable.]
This chapter shall be known and may be cited as the "Worcester
Grading and Excavations Ordinance."
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 design, construction, quality
of materials, use, location and maintenance of grading, excavation
and fill within the Township.
Wherever used in this chapter, the following words shall have
the meanings indicated:
A permit issued by the Building Inspector, pursuant to the
provisions of Township ordinances, for the construction, erection
or alteration of a structure or building.
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, quarried, removed, displaced 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 conditions resulting therefrom.
The elevation of the existing ground surface at the location
of any proposed excavation or fill.
Any excavation or fill which changes (or is proposed to change)
an existing grade.
Any permit required under § 81-6 hereof.
A natural person, but shall also include a partnership or
corporation.
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.
The continuation of adequate topsoil on the land within the
Township is considered necessary for the general welfare of the Township
in the future development thereof. Thus, the permanent removal of
topsoil from the land within the Township shall be prohibited. This
prohibition shall not be construed to prohibit an owner of land in
removing topsoil for the purpose of construction of a building and
the regrading of the land surrounding the building following construction;
provided, however, that upon completion of construction, there remains
a minimum depth of four inches of topsoil per lot.
New grading, excavations and fill, or changes, additions, repairs
or alterations made to existing excavations and fills shall conform
to the provisions of this chapter, except that this chapter shall
not apply to:
A.
Work in a public street or alley, or in a Township park, playground
or recreation area or on other public property.
No person shall commence or perform any grading, excavation
or fill without first having obtained a grading permit from the Township
Engineer. A separate grading permit shall be required for each site
or lot in subdivision. One permit may cover both an excavation and
any fill made on the same site or on the same lot in a subdivision.
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 one foot in vertical depth at
its deepest point, measured from the natural ground surface, nor cover
an area of more than 500 square feet. This exception shall not affect
the applicability of this chapter to, or the requirement of; a grading
permit for any fill made with the material from such excavation.
B.
A fill that does not exceed five cubic yards of material on any one
site, or a fill which does not exceed one foot in a vertical depth
at its deepest point, measured from the natural ground surface, nor
cover an area of more than 500 square feet, provided that the surfaces
of such fills do not have a slope at any point steeper than five horizontal
to one vertical.
C.
Minor increases in impervious surfaces on existing developed properties
where the increase in impervious surface does not exceed 500 square
feet, provided the change will not alter drainage patterns, accelerate
erosion, interfere with existing stormwater facilities or adversely
impact adjoining properties. Any increase in impervious area must
comply with Township zoning requirements for impervious coverage for
the applicable zoning district.
D.
Plowing, tilling, irrigation and drainage for agricultural purposes;
nursery operations, such as removal of cultivated sod, shrubs, and
trees for transplantation; and the addition of topsoil, with a change
in natural contours of 1/2 foot or less, provided that the activity
will not alter drainage patterns, accelerate erosion, interfere with
existing stormwater facilities or adversely impact adjoining properties.
A.
Every applicant for a grading permit shall file a written application
therefor with the Township Engineer. Such application shall:
(1)
Describe the land on which the proposed work is to be done by lot,
block and street address. A location map shall be provided with the
application.
(2)
Be accompanied by plans and specifications prepared by a registered
engineer or surveyor.
(a)
Plans and specifications shall be in accordance with the building
permit site plan criteria set forth in the Township Building Code[1] and shall include the following information:
(c)
Plans shall be submitted in triplicate to the Township.
(3)
State the estimated dates for the starting and completion of the
grading work.
(4)
State the purpose for which the grading application is filed.
B.
The Township Engineer may waive the requirement for any, or all,
plans and specifications listed above if he finds that the information
on the application is sufficient to show that the work will conform
to the provisions of this chapter. The Township Engineer may call
for a conference with the applicant to discuss modification of the
plans presented.
Before issuing a grading permit, a permit fee shall be paid
in accordance with the permit fee schedule set forth in the Township's
fee schedule.[1]
[1]
Editor's Note: The fee schedule is on file in the Township
offices.
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 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 a reasonable extension of time, in writing, and provided further
that the application for the extension of time is made before the
date of expiration of the permit.
A.
Where, in the opinion of the Township Engineer, the work as proposed
by the applicant is likely to endanger any property or any street
or alley, he shall deny the grading permit. In determining whether
the proposed work is likely to endanger property or streets or alleys
or create hazardous conditions, the Township Engineer 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 Supervisors shall consider, promptly, appeals from the
provisions of this chapter or from the determinations of the Township
Engineer, and the Board shall make determinations of alternate methods,
standards or materials when, in its opinion, strict compliance with
the provisions of this chapter would result in a severe and unnecessary
hardship. 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 Supervisors.
A.
The Township Engineer shall make the inspections hereinafter required
and shall either approve that portion of the work which has been completed
or notify the permit holder wherein the same fails to comply with
the provisions of this chapter. Where it is found, by inspection,
that the soil or other conditions are not as stated or shown in the
application, the Township Engineer may refuse to approve further work
until approval is obtained for a revised grading plan conforming to
existing conditions.
B.
Plans for grading work, as approved by the Township Engineer, shall
be maintained at the site during the progress of the grading work
and until the work has been approved.
C.
The permit holder shall notify the Township Engineer in order to
obtain inspections in accordance with the following schedule at least
48 hours before the inspection is to be made:
(1)
Initial inspection: when work on the excavation or fill is about
to be commenced.
(2)
Rough grading: when all rough grading has been completed.
(3)
Drainage facilities: when drainage facilities are to be installed
and before such facilities are backfilled.
(4)
Special inspection: when excavations are complete for retaining and
rib walls and when reinforcing steel is in place and before concrete
is poured.
(5)
Final inspection: when all work, including the installation of all
drainage and other structures, has been completed.
D.
At any stage of the work the Township Engineer may determine, by
inspection, that the nature of the formation is such that further
work as authorized by an existing permit is likely to endanger property
or streets or alleys or create hazardous conditions. The Township
Engineer may require, as a condition to allowing the work to be done,
that such reasonable safety precautions be taken as the Township Engineer
considers advisable to avoid such likelihood of danger. Safety precautions
may include, but shall not be limited to, specifying a flatter exposed
slope, construction of additional drainage facilities, berms, terracing,
compaction or cribbing.
E.
Inspection fees shall be as set forth in the Township fee schedules
as amended by ordinance.
A.
No excavations shall be made with a cut face steeper in slope than
three horizontal to one vertical.
B.
The Township Engineer may require an excavation to be made with a
cut face flatter in slope than three horizontal to one vertical if
he finds the material in which the excavation is to be made unusually
subject to erosion, or if any other conditions exist which make such
flatter cut slope necessary for stability and safety. Additional measures
to stabilize the slope may be required by the Township Engineer.
C.
Excavation shall not extend below the angle of repose or natural
slope of the soil under the nearest point of any footing or foundation
of any building or structure unless such footing or foundation is
first properly underpinned or protected against settlement.
D.
Before commencing any excavation which will in any way affect an
adjoining property or structures thereon, the person making or causing
the excavation to be made shall notify, in writing, the owners of
adjoining properties not less than 30 days before such excavation
is to be made that the excavation is to be made. Adjoining properties
and structures shall be protected in accordance with the Township
building codes.
All fills shall be compacted to provide stability of material
and to prevent undesirable settlement. The fill shall be spread in
a series of layers, each not exceeding 12 inches in thickness, and
be compacted by a sheepsfoot roller, or other approved method, after
each layer is spread. The Township Engineer may require tests or other
information if, in his opinion, the conditions or materials are such
that additional information is necessary. Layers of less than 12 inches
may be required if the materials, site condition or methods do not
allow adequate compaction of 12 inches lift thickness.
A.
Adequate provisions shall be made to prevent any surface waters from
damaging the cut face of an excavation or the sloping surface of a
fill. Slopes of more than 10 feet in vertical height shall be separated
by level berms or shelves of at least four feet in width. Berms and
ditches shall be constructed where necessary to prevent erosion. All
drainage provisions shall be of such design to control surface waters
with use of "best management practices" (BMPs) whenever possible.
These BMPs can include infiltration/seepage pits, rain gardens, etc.
In the event that BMPs alone are insufficient, the BMPs shall be combined
with additional structures designed to carry any excess water to the
nearest practical storm drain or natural watercourse approved by the
Township Engineer as a safe place to deposit and receive such waters.
The Township Engineer may require such drainage structures or pipes
to be constructed or installed which, in his opinion, are necessary
to prevent erosion damage and to satisfactorily manage surface waters.
B.
Property owners shall not alter the current drainage patterns on
their property so as to cause any adverse impact on adjoining properties.
The Township Engineer shall make this determination on behalf of the
Township. Adverse impact shall include flooding, erosion, modification
of drainage patterns that impact the use of the property, the diversion
of water from an existing natural watercourse, the creation of ponding/standing
water where it previously did not exist, and damage to property, either
the structures or the land.
The owner of any property on which an excavation or fill has
been made shall maintain, in good condition and repair, all retaining
walls, cribbing, drainage structures, fences and other protective
devices.
A.
The top or bottom edge of slope shall be at least five feet from
property lines, rights-of-way, or streets in order to permit the normal
rounding of the edge without encroaching on the abutting property.
At property lines where walls or slopes are steeper than 1 1/2:1
and six feet or more in height, they shall be protected by a substantial
fence three feet or more in height. Before a grading permit is issued,
a bond may be required to guarantee the protection of steep slopes.
B.
In order to prevent the denuding of the landscape, wherever practicable,
trees and other natural features constituting important physical,
aesthetic and economic assets to the community shall be preserved.
C.
Adequate erosion and sedimentation controls shall be installed by
the property owner(s) during any earth disturbance activity associated
with grading or excavation. These controls shall be in place prior
to the initiation of any activity on the property.
D.
The owner of a property shall be responsible to protect and clean
up downslope properties of silt and debris washing from his property
as a result of the grading of his property.
F.
Additional state and federal requirements may apply.
A.
If, upon final inspection of an excavation or fill, it is found that
the work authorized by the grading permit has been satisfactorily
completed in accordance with the requirements of this chapter, and
any other requirements imposed, the Township Engineer, or his designee,
shall indicate approval by signing the permit at the appropriate location.
B.
The Township Engineer shall have the power to revoke any grading
permit whenever he finds that the work covered by the permit has been
materially extended or altered without a permit to do so, or that
any retaining walls, cribbing, drainage structures, fence or other
protective devices shown on the approved plans and specifications
submitted with the application for the permit have not been maintained
in good order and repair.
C.
Before such revocation, the Township Engineer shall first give written
notice to the permit holder, and to the owner of the property involved,
specifying the defective condition and stating that unless such defective
condition is remedied satisfactorily, the grading permit may be revoked.
If the defective conditions are remedied, the permit shall not be
revoked. Permit holder has 20 days from the date of the written notice
to remedy any defects.
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.
When written notice of a violation of any of the provisions
of this chapter has been served by the Township Engineer or any person,
such violation shall be discontinued immediately.
In case any work is performed by a person in violation of any
of the provisions of this chapter, the proper officer of the Township,
in addition to the 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.
Any person violating any of the provisions of this chapter shall
be liable, on conviction thereof, to a penalty not exceeding $1,000
for each and every offense, and whenever such person shall have been
notified by the Township, by a notice of violation or in any other
way, that he is committing such violation 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.
