[Ord. 98-29, 12/10/1998]
As used in this Part, the following terms shall have the meanings
indicated:
The Code Official of Susquehanna Township, or other person
designated by the Board of Commissioners to perform the function of
Code Official as herein provided.
Any person engaging in the business or act of excavating
or filling.
The butting, grading, digging or removal of earth or natural
materials in such manner as to change the natural or existing terrain.
The placing, carrying or depositing of earth or natural materials
in such manner as to change the natural or existing terrain.
A plan showing the existing contours at two foot intervals
of the area involved and the proposed final contours for grade.
Any person who owns land, or any interests therein, sufficient
to permit excavation or fill thereon.
Any natural person, partnership, association or corporation.
[Ord. 98-29, 12/10/1998]
It shall be unlawful for any person to make, cause or permit
to be made any excavation or fill in the Township except in accordance
with a permit issued as specified herein; provided, however, that
no permit shall be required to fill or excavate:
A.
By the Federal government, the Commonwealth of Pennsylvania or any
political subdivision thereof.
B.
Where less than 25 cubic yards of earth or material are moved and
no drainage is involved.
C.
Where excavation or fill for a building site is being done for the
purpose of immediate construction of a building or improvement thereon
for which a building permit has been issued, if, in the opinion of
the Code Official evidenced, in writing, on such building permit,
no hazard to property rights of the Township or adjoining land owners
will be encountered or created by such excavation or fill.
D.
Trenching for utilities covered by other Township ordinances.
[Ord. 98-29, 12/10/1998]
An application for a permit to excavate or fill shall be made
in duplicate by the contractor and owner, in writing, on forms furnished
by the Township, filed with the Code Official, who shall forthwith
deliver one copy to the Township. Said application shall set forth
the following information:
A.
The name, identity, address and telephone number of the owner.
B.
The name, identity, address and telephone number of the contractor.
C.
The description, location of the property involved and grading plan
shall be furnished in triplicate to the Code Official.
D.
A statement of the exact nature of the proposed excavation or fill,
indicating the slope of the sides and the level of the finished surface,
the type of earth or material to be moved, the method, manner and
equipment to be used in the work and the disposition of material at
the site.
E.
Proposed time of commencement and completion of the work.
F.
An agreement that if the excavation of fill is not completed in accordance
with the plans and specifications therefor and the permit issued therefor,
then the work may be completed by the Township, the cost thereof to
be paid by the owner. Failure to execute such agreement shall not
constitute a waiver of this provision.
G.
An agreement to indemnify and save harmless Susquehanna Township
and its agents from all liabilities, costs and expenses which may
result from, or be a consequence of, the granting of such permit.
Failure to execute such agreement shall not constitute a waiver of
this provision.
[Ord. 98-29, 12/10/1998]
At the time of filing the application for a permit to excavate
or fill, the applicant shall pay a filing fee as set by resolution
of the Board of Commissioners, which fee schedule shall be posted
for public inspection in the office of the Code Official and shall
be based on costs.
[Ord. 98-29, 12/10/1998]
When, in the opinion of the Code Official, the proper investigation
of an application for a permit to excavate or fill will require the
services of the Township Engineer for technical help and advice, the
Code Official may consult with the Engineer and require him to make
inspections of the work in progress. In such cases, prior to the issuance
of the permit, the Code Official shall notify the applicant of the
necessity for engineering inspection, and the applicant shall pay,
prior to commencing work, reasonable engineering fees at current rates,
to be determined in advance of the issuance of the permit, and the
amount thereof shall be deposited with the Township.
[Ord. 98-29, 12/10/1998]
Within 10 days after the filing of the application for a permit
to excavate or fill, the Code Official shall cause an investigation
to be made and shall either issue the permit upon such conditions
expressed in the permit as he shall deem necessary to comply with
all of the provisions of this Part or deny such permit.
[Ord. 98-29, 12/10/1998]
In investigating and taking action on applications for a permit
to excavate or fill, the Code Official shall consider the public health,
safety and general welfare and the effect thereof upon neighboring
properties; and he shall deny such permit if, in his opinion, the
excavation or fill would:
A.
Unlawfully remove the lateral or subjacent support of any adjacent
land.
B.
Create a dangerous topographic condition.
C.
Cause seepage or slides.
D.
Improperly divert the flow of drainage waters or increase the velocity
thereof.
E.
Create a nuisance.
F.
In any manner endanger the health, safety or property of any other
person.
[Ord. 98-29, 12/10/1998]
The Code Official shall forthwith notify the applicant of the
issuance or denial of the permit, and if the applicant shall be dissatisfied
therewith, he may appeal to the Board of Commissioners by filing a
written notice of appeal with the Township Manager within 30 days
after such notice from the Code Official, and at the same time, the
applicant shall deliver to the Township Manager a list of the names
and addresses of all owners of property within a radius of 300 feet
from the exterior boundaries of the proposed excavation or fill.
[Ord. 98-29, 12/10/1998]
The appeal shall be heard at the next succeeding regular meeting
of the Board of Commissioners held not more than 45 days after the
filing of the appeal. The Township Manager shall mail notice of such
hearing at least 10 days prior thereto, to all owners within a radius
of 300 feet of the exterior boundaries of the proposed excavation
or fill. The hearing on the appeal may be continued from time to time.
At the conclusion of the hearing, the Board of Commissioners may deny
or issue a permit upon such terms and conditions as it shall deem
necessary to conform to the provisions of this Part. The action of
the Board of Commissioners shall be final and conclusive, and no similar
application may be filed for the same property for a period of 12
months.
[Ord. 98-29, 12/10/1998]
In order to minimize the danger of slides on, to or from adjacent
land, the Code Official may specify in the permit the permissible
angle of slope of the sides of the excavation or fill. No side of
such excavation or fill may be made steeper at any point than the
angle so specified in the permit unless supported by a substantial,
permanent retaining wall of sufficient strength to permanently support
such sides of the excavation or fill and constructed in accordance
with a permit to do so, as herein provided. Such retaining wall shall
be of concrete, brick, stone or other material not subject to rapid
deterioration and shall extend the full height and length of each
side of such excavation or fill which is at any point made steeper
in slope than the angle specified in the permit to excavate or fill.
If the applicant desires to make any side of the excavation or fill
steeper than the angel specified he shall file therewith, in duplicate,
as aforesaid, detailed plans and specifications for such retaining
wall. Upon the approval of such plans and specifications, the permit
or supplemental permit to excavate or fill shall authorized the sides
thereof to be made steeper than the angle of slope specified therein,
if supported by a retaining wall constructed in accordance with such
plans and specifications.
[Ord. 98-29, 12/10/1998]
Any applicant to whom a permit to excavate is granted shall
comply with the following requirements:
A.
The bottom of the excavation shall not be lower than the level specified
in the permit and shall be capable of being drained.
B.
If, in the opinion of the Code Official, any excavation will create
or aggravate a dangerous condition if left open, such excavation shall
be enclosed by a fence sufficiently high, tight and strong to eliminate
such dangerous condition.
C.
Any rock, earth or other material which may be dropped or deposited
on any public road or place from any vehicle transporting such materials
from any such excavations shall be immediately removed in a manner
and to an extent satisfactory to the Code Official at the expense
of the applicant.
D.
The applicant shall agree to indemnify and save the Township and
its agents harmless from all liabilities, judgments, costs and expenses
which may result from or be a consequence of the granting of such
permit.
E.
The applicant shall submit said plan to the Dauphin County Conservation
District for its review and approval of an erosion and sedimentation
control plan. For plans involving greater than five acres, a Chapter
102 permit from the Pennsylvania Department of Environmental Protection
is required. Any such activity taking place within the floodplain
or affecting wetlands shall be in compliance with and receive approval
of the appropriate State and Federal regulatory agencies as required.
No permit shall be issued until said approvals have been obtained.
[Ord. 98-29, 12/10/1998, § 112]
The Code Official shall require, as a condition to the granting
of any permit under this Part, that the contractor deposit with the
Township the certificate of a responsible insurance company, certifying
the contractor is insured for an amount of not less than the sum of
$300,000 against any injury or damage to persons or property arising
directly or indirectly from the performance of the contractor in making
the excavation or fill for which such permit is issued.
[Ord. 98-29, 12/10/1998, § 113]
Any permit granted under this Part may be revoked by the Code
Official for any reason for which the issuance of a permit might be
lawfully denied or for the failure of the contractor to comply with
any of the terms or conditions of the permit. Revocation shall be
made only after a hearing before the Code Official after five days
written notice to the applicants, given by personal service or deposited
in the United States mail, addressed to the applicants at the addresses
given in the application, the action of the Code Official may be appealed
to the Board of Commissioners as heretofore. If, in the opinion of
the Code Official, public health, safety or welfare is endangered,
the Code Official may suspend any permit. Such revocation or suspension
shall be in addition to any other penalties provided in this Part.
[Ord. 98-29, 12/10/1998, § 114]
In the event that any excavation or fill for which a permit
has been granted under this Part is not commenced within six months
from the date of such permit, or in the event that the work of excavation
or fill is at any time abandoned for a period of six consecutive months,
such permit shall automatically terminate, without notice, and no
further excavation or fill shall be made; provided, however, that
the conditions and responsibilities in such permit shall remain binding
upon the person or firm to whom such permit was issued, and all legal
and equitable remedies shall be available against such person or firm
for any breach thereof. When the amount of material excavated or filled
equals the number of cubic yards authorized by the permit, no further
excavation or fill shall be made until a supplemental permit has been
issued. All excavation or fill shall set forth the same information
required in the original application correcting, however, the quantity
of excavation or fill and paying the proper fee therefor.
[Ord. 98-29, 12/10/1998, § 115]
Any person who shall violate any of the provisions of this Part
shall, upon summary conviction, be sentenced to pay a fine of not
less than $100 nor more than $600 and, in default of payment of said
fine, to be imprisoned in Dauphin County Prison, for a period not
exceeding 30 days. Each day's violation of any of the provisions
of this Part shall constitute a separate offense.
