[HISTORY: Adopted by the Board of Commissioners of the Township
of Aleppo 4-9-1996 by Ord. No. 183. Amendments noted where applicable.]
From and after the passage of this chapter, the following regulations
shall be in full force and effect. The provisions of this chapter
shall be held to be the minimum requirements for the protection of
the health, safety and welfare of the people at large and to be designed
to encourage the establishment and maintenance of reasonable community
standards of physical environment.
This chapter may be cited as the "Aleppo Township Grading Ordinance."
The purpose of this chapter is to provide minimum standards
to safeguard persons and property, to protect and to promote the public
welfare, by preventing erosion, hazardous rock and soil slippage,
sedimentation and other soil and water management problems and by
regulating and controlling the design, construction, quality of materials,
use, location and maintenance of grading, excavation and fill.
No person shall construct, enlarge, alter or repair any grading,
excavation or fill except in full compliance with all the provisions
of this chapter and after the lawful issuance of all permits required
by this chapter.
Neither the issuance of a permit under the provisions of this
chapter, nor compliance with its provisions, nor conformance with
conditions required by any such permit shall relieve any person from
liability for damage resulting from grading, nor attach any liability
upon the Township for damages to persons or property.
Wherever used in this chapter, the following words shall have
the meanings indicated:
The natural rock layer, hard or soft, in place at ground
surface or beneath unconsolidated surface deposits.
The governing body of the Township of Aleppo.
A professional engineer, surveyor, landscape architect, or
architect. In this context, the term "professional" shall mean that
an individual is qualified within the laws of the Commonwealth of
Pennsylvania.
A person who holds a degree in geology from an accredited
college or university and who has training and experience in the field
of engineering geology.
The detachment and movement of soil and rock fragments by
water, wind, ice, or gravity, including such processes as gravitational
creep.
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced,
relocated, and shall include the conditions resulting therefrom.
An act by which earth, sand, gravel, rock or any other material
is moved to a new location, including the material itself and the
condition resulting from such act.
An excavation or fill or any combination thereof, including
the condition resulting from any excavation or fill.
The permit required by this chapter.
A danger or potential danger to life, limb or health, use
or stability of property, waterways, public ways, structures, utilities,
and storm sewers, including stream pollution.
A person, partnership, corporation, trust or association.
Soil material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water, gravity or ice and has come to rest on the earth's
surface either above or below water level.
A lot, tract, parcel of land, or series of lots, tracts or
parcels of land which are adjoining where grading work is continuous
and performed at the same time.
A professional engineer specializing in soil analysis.
The unpublished and operational soil survey for Allegheny
County, Pennsylvania, and the accompanying text soil survey maps and
interpretations for development areas in Allegheny County, Pennsylvania,
as prepared by the USDA Natural Resources Conservation Service et
al.
The Township of Aleppo.
All parts or combination of ashes, garbage, refuse, combustible
demolition materials and industrial wastes, such as food-processing
wastes, wood, plastics, metal scrap, etc.
A drainage route or channel for the flow of water.
The person or persons designated by the governing body to
administer this chapter.
A grading permit must be obtained for new grading, excavations
and fills, and changes, additions or alterations made to existing
excavations or fills shall conform to the provisions of this chapter.
A separate grading permit shall be required for each site, unless
the site is included in a plan previously approved by the Township
Board of Commissioners.
A grading permit will not be required for any of the following
situations:
A.
Grading limited to reasonable, regular, normal maintenance and landscaping
improvements by individual homeowners, where standards provided herein
are not violated.
B.
Stockpiling of rock, sand, topsoil, and aggregate in an area properly
zoned for such use, when standards provided herein are not violated.
C.
For the construction of a single-family or two-family structure per
recorded lot or parcel, where standards provided herein are not violated.
D.
For work in streets or rights-of-way dedicated to public use, where
standards provided herein are not violated.
E.
For Aleppo Township projects undertaken by the Board of Commissioners,
where standards provided herein are not violated.
F.
For accepted agricultural land management practices, such as plowing,
nursery operations, removal and/or transplanting of cultivated sod,
shrubs, and trees.
G.
For individual or community septic systems, provided an approved
permit has been issued by the Township and standards provided herein
are not violated.
No grading permit shall be issued unless an application has
been submitted and approved in accordance with the following provisions:
A.
A complete application, as provided by the Township, for a grading
permit shall be filed with the Township Secretary and shall be accompanied
by a fee established by resolution of the Board of Commissioners to
cover the cost of review and administration.
B.
Three copies of a grading plan for the site with pertinent specifications
shall be submitted to the Township. One complete set of approved plans
shall be kept at the site while work is in progress.
C.
Where any natural watercourse which is under the jurisdiction of
the Pennsylvania Department of Environmental Protection, Division
of Dams and Encroachments, may be affected by proposed excavations
or fills along the banks of the watercourse or any culvert or bridge
or by a change in direction, or by adjacent construction, the applicant
must present, as a part of this application, the permit and the letter
of comment from the Department of Environmental Protection, Division
of Dams and Encroachments.
D.
A complete application shall be deemed approved if a permit is not
issued or denied within 60 days from the date the application is submitted,
unless an extension is mutually agreed upon. The date of submission
shall be indicated by the signature of the Township Secretary on the
application.
The application shall include not less than three copies of
a grading plan to show how resulting erosion and sediment shall be
controlled. The proposed grading plan shall be in accordance with
standard engineering practices to clearly indicate the following:
A.
A valid survey of the site on which the proposed work is to be done,
including North arrow, scale, location of prominent trees, wooded
areas and watercourses.
B.
The location and description of existing and known man-made features
of importance to the proposed development, including, among others,
distance to road intersections, structures, roads, utilities, excavations,
fills and watercourses.
C.
A topographic map showing existing and proposed contours after completion
of grading, at two-foot intervals where the average slope is 10% or
less and at five-foot intervals where the average slope exceeds 10%.
The map will show drainage and soil conditions. Soil conditions shall
be from collected field data.
D.
A development schedule indicating the anticipated starting and completion
dates of the development and the sequence of development.
E.
Upon approval of the Township Board of Commissioners through the
appeal process, the requirements for preparation of plans by an engineer
may be waived where it has been determined by the Township Engineer
that the proposed work is simple, clearly shown on the drawings submitted
and poses no potential nuisance or hazard to adjacent property.
When it is evident to the Township Engineer that the grading
will affect the drainage on adjoining property(ies) or natural watercourses
traversing the site, the applicant shall submit a detailed drainage
study prepared by an engineer.
A.
Where applicable, the drainage study shall show, on a map of the
site, the location, pertinent elevations and dimensions of all present
and proposed watercourses and drainage structures; proposed areas
of excavations and fills, woodlands, structures, parking areas and
driveways; source, storage and disposition of water channeled through
or across the site; all proposed grading and drainage.
B.
The drainage study shall describe the work to be performed and placement
of cut and fill material.
C.
The drainage study shall include calculations, based on the Rational
Method developed by the United States Army Corps of Engineers, to
determine runoff.
D.
Drainage facilities to carry surface water shall be provided and
designed to prevent erosion or overflow.
E.
Adequate stormwater retention facilities shall be provided to ensure
that stormwater runoff after grading shall not be greater than the
runoff which would occur from the site in its natural state during
a storm with a twenty-five-year probability.
F.
The provisions of this section shall apply only in cases where grading is to occur without site development. Whenever site development is proposed, the requirements of Article IV of Chapter 350, Subdivision and Land Development, of the Code of the Township of Aleppo shall apply. The requirements of Article IV of Chapter 350, Subdivision and Land Development, may supplement the provisions of this section.
A.
Fills toeing out on natural slopes steeper than 25% shall not be
approved unless a supplemental report prepared by an engineer certifies
that he has investigated, tested and analyzed the site, and that such
steeper slopes will safely support the proposed fill.
B.
A supplemental soils report may be required for sites larger than
20 acres where such information as submitted with the original application
does not adequately describe soil conditions on the site.
Before issuance of a grading permit, the applicant shall post
a Pennsylvania-approved corporate surety or other approved security
in the amount of 30% of the established cost of the grading work and
erosion control facilities proposed for the permit to guarantee completion
of said work and facilities in a manner which meets the requirements
of this chapter.
A.
In lieu of posting a bond for single-family residences, a grading
permit may be issued with the understanding that all grading shall
be completed within nine months from the date of issuance of an occupancy
permit.
B.
The full amount of the security shall not be released until all conditions
of the permit are met.
When the requirements of this chapter for obtaining a grading
permit have been met, the Township shall approve the proposed plan
for the issuance of a grading permit. When, in the opinion of the
Township Engineer, work proposed by the applicant is likely to endanger
any property, person, public roadway, or cause any other hazardous
conditions, the Township shall show cause and disapprove the application
for issuance of the grading permit.
A grading permit shall become null and void if the work authorized
has not been commenced within six months or if not completed within
one year from the date of the commencement of work. Upon written request,
at least 30 days prior to the expiration date, an extension of six
months may be granted by the Board of Commissioners.
Appeals may be taken to the Board of Commissioners within 30
days of any denial by the Zoning Officer. The Board of Commissioners
may grant relief from the strict provisions of this chapter where,
in its opinion, alternate methods, standards or materials proposed
by the developer will meet the objectives and intent of this chapter.
Any applicant or permit holder shall have the right to appeal decisions
of the Board of Commissioners to any court of competent jurisdiction.
A.
A grading plan shall be submitted with all applications for a grading
permit. The applicant shall remit to the Township an inspection fee
for the performance of inspections of the work contemplated by the
approved grading plan, in an amount specified by the Township in accordance
with a schedule of fees established and adopted by the Board of Commissioners.
B.
Fee schedule. The Board of Township Commissioners shall determine
a schedule of fees, charges, and expenses, as well as a collection
procedure for permits, inspections, and other matters pertaining to
this chapter. Said schedule of fees shall be posted in the offices
of the Township Secretary. The Board of Commissioners may alter the
fee schedule from time to time by resolution adopted at any public
meeting of the Board.
The following standards shall be minimum standards for the issuance
of a grading permit:
A.
In addition to the above, all fill and cut operations shall follow
the "Soil & Sedimentation Control Manual," as issued by the Commonwealth
of Pennsylvania Department of Environmental Protection and adopted
by Allegheny County.
B.
No excavation shall be made with a cut face steeper in slope than
two horizontal to one vertical, except under one or more of the following
conditions:
(1)
The material in which the excavation is made is sufficiently stable
to sustain a slope steeper than two horizontal to one vertical, and
a written statement to that effect by a professional engineer experienced
in geological sciences and erosion control is submitted and approved.
The statement shall state that the site has been inspected, and that
the deviation from the slope specified above will not create increased
risk or injury to persons or damage to adjacent property, or receiving
streams, from erosion and sedimentation.
(2)
A retaining wall or other approved structure to support the face
of the excavation is designed by a professional engineer and approved
by the Township Engineer.
C.
No grading, excavation or earth disturbance shall cause a danger
or damage any adjoining street or any other public or private property
without supporting such property from settling, cracking, erosion,
sedimentation, flooding or any other physical damage or personal injury
which might result. The top or bottom edge of final slopes shall be
set back a minimum of three feet from adjacent property lines and
street right-of-way lines in order to permit the normal rounding of
the edge without encroaching on the abutting property and to allow
for location of property drainage and protective devices. This is
not to preclude grading operations to the boundary lines where the
adjacent landowner has given written consent.
D.
Adequate provisions shall be incorporated to prevent erosion due
to storm drainage. All drainage facilities shall be properly engineered
and may be paved or planted swales and gutters and piped storm sewers.
All storm drainage facilities will be reviewed and approved by the
Township.
E.
Existing storm drainage shall not be diverted so as to alter the
location of watercourses on any adjacent property.
F.
No debris or other material shall be placed or allowed to be thrown
or placed in any drainage ditch or structure in such a manner as to
obstruct the free flow of surface water.
G.
All fills shall be compacted in layers not to exceed 12 inches. Only
clean fill absent of waste shall be permitted as fill material. Any
proposed building site where a fill operation has been conducted shall
be tested and certified by an engineer to ensure that its dry density
shall not be less than 95% of maximum density as determined by the
ASTM D1556.
H.
Immediately upon completion of final grading, all disturbed areas
not designated for building, paving, or decorative landscaping shall
be mulched and planted or protected. Planting shall be appropriate
to protect slopes from erosion. In general, planting may be rye grass,
crown vetch, or a fescue mix.
I.
Trees and growth shall be retained wherever possible.
J.
Adequate provisions may be required for dust-control measures as
are deemed necessary and acceptable by the Township Zoning Officer.
K.
Plans and specifications for every grading permit shall provide both
temporary and permanent erosion and sediment control.
L.
Benching may be required in order to provide stabilization as designated
by the Township Zoning Officer.
Where the Board of Commissioners has determined that any existing
evacuation, embankment or fill is a hazard, the Township shall give
written notice to the property owner that a hazard exists and shall
order that such hazard shall be remedied by the owner within a reasonable
time specified in the notice.
A.
If, after such notification, the property owner has not made the
necessary repairs within the time adopted, then the Board of Commissioners
may cause such remedies as are needed to be performed by Township
employees or by contract, and the cost thereof shall be borne by the
property owner by a lien filed as provided by law.
B.
Whenever the Board of Commissioners determines that any proposed
excavation or fill is a hazard, it may require that the property owner
have any proposed remedies certified by an engineer or an engineering
geologist.
C.
The owner of a property shall be responsible to protect and clean
up lower properties of silt and debris washing from his property as
a result of the grading of his property.
The applicant shall give written notice to the Township of the
schedule of the grading operation. Written notice shall be received
by the Township at least two working days before the start of grading
operations and upon its completion.
A.
Grading work at any time will be subject to spot inspections at the
discretion of the Township Zoning Officer, to determine that the work
is being performed in compliance with the approved permit and this
chapter.
B.
A final inspection shall be conducted by the Township to certify
compliance with this chapter within 30 days after receipt of written
request. Satisfactory compliance with this chapter shall be necessary
before complete release of the posted surety. If said final inspection
is not completed by the Township within the specified 30 days, satisfactory
compliance with this chapter shall be deemed approved, and the Township
will release the posted surety.
A.
All drainagecourses on private property, ditches, culverts, pipes
and structures on private property shall be adequately maintained
by the owner and shall be kept open and free-flowing at all times.
B.
All graded surfaces, anti-erosion devices, retaining walls, drainage
structures and similar protective devices, planting and ground covers
installed on private property pursuant to a grading permit shall be
continuously maintained and kept in good repair by the owner.
Whenever the Township Zoning Officer determines that grading
on a site is proceeding in violation of any provision of this chapter,
all work at the site shall immediately stop upon issuance of a stop-work
order. The stop-work order shall be presented in writing to the property
owner, the owner's agent, or the person performing the work at
the site. The stop-work order shall include a description of the conditions
under which work may be resumed.
A.
If it is found that any provision of this chapter is violated, the property owner shall be notified in writing of the violation(s) and the necessary action to correct the violation within a specified period of time. If the necessary corrective action is not completed within the specified period of time, the property owner will be notified of the Township's intent to institute legal proceedings as per Subsection B.
B.
Any person, partnership or corporation who or which shall violate
the provisions of this chapter shall, upon conviction thereof in a
summary proceeding, be sentenced to pay a fine of not more than $500.
In default of payment of the fine, such person, the members of such
partnership or the officers of such corporation shall be liable to
imprisonment for not more than 60 days. Each day that a violation
is continued shall constitute a separate offense. All fines collected
for the violation of this chapter shall be paid to the Township of
Aleppo.
