[HISTORY: Adopted by the Township Council of Peters Township 8-11-1980 by Ord. No.
215 (Ch. 9, Part 1, of the 1981 Code of Ordinances).
Amendments noted where applicable.]
GENERAL REFERENCES
Building and grading activities — See Ch. 134.
Uniform construction codes — See Ch. 165.
Fees — See Ch. 195.
Property maintenance — See Ch. 315.
Sewers and sewage disposal — See Ch. 337.
Stormwater management — See Ch. 371.
Streets and sidewalks — See Ch. 376.
Subdivision and land development — See Ch. 385.
Logging and timber harvesting — See Ch. 402.
This chapter shall be known and may be cited as the "Peters
Township Grading Ordinance."
The purpose of this chapter (§§ 229-1 through 229-17) shall not be to preclude development but to ensure that grading enhances rather than detracts from or ignores the natural topography, resources, and amenities of the land; to provide minimum standards to safeguard persons and property; to protect and to promote the public welfare by preventing excess erosion, hazardous rock and soil slippage, sediment production, and other soil and water management problems; to conserve the natural contours of the land in the Township by regulating and controlling the design, construction, quality of materials, use, location and maintenance of grading, excavation and fill; and to conserve existing trees and vegetation and preserve excessive slopes. To this end, development shall be planned to fit the topography, soils, geology, hydrology, and other conditions existing on the proposed site and oriented to the site so that grading and other site preparation is kept to an absolute minimum.
Grading includes the stripping or excavation of any material; the filling of any existing ground with natural or man-made material; and/or the relocation on any lot, tract or parcel of earth or other material. New grading, excavations, and fills, or other changes, additions, repairs or alterations made to existing excavations and fills shall conform to the provisions of §§ 229-5 through 229-9 of this chapter regardless of the amount (cubic yardage or depth) involved, but permits, plans, bonds and escrow will only be required as provided in §§ 229-11 and 229-12 of this chapter.
[Amended 4-14-1986 by Ord. No. 352; 3-22-1993 by Ord. No. 482]
Wherever used in this chapter, the following words shall have
the meaning indicated:
The person qualified and officially appointed by the Council
to manage this chapter.
Natural rock layer, hard or soft, in place at ground surface
or beneath unconsolidated surface deposits.
A permit issued by the Building Inspector pursuant to the
provisions of the Peters Township Building Code[1] for the construction, erection or alteration of a structure
or building.
A lot, parcel or tract of land on which development is taking
place or is proposed.
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.
A person licensed by the Commonwealth of Pennsylvania to
practice engineering and who is knowledgeable in the branch of civil
engineering.
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced,
relocated, or bulldozed and shall include the conditions resulting
therefrom.
Defined as one of the following: those slopes as identified
on the USDA-SCS (now NRCS) soil group map as steep slopes of 25% or
more as shown on Gateway Engineers, Inc., drawing No. 48669-S or those
slopes identified on a topographic survey prepared by a land surveyor
registered in the Commonwealth of Pennsylvania as any area over a
one-hundred-foot horizontal distance, the slope exceeds 25% from the
top to bottom of the break in grade. Said break in grade must be at
least a change in grade of 5% before consideration. All areas over
25% must be outlined on the topographic plan.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, pushed, dumped, piled, transported, or moved
to a new location and shall include the condition resulting therefrom.
The detachment and movement of soil or soil fragments by
water, wind, ice or gravity, including such processes as gravitational
creep.
The Council of Peters Township.
Any excavation or fill, or any combination thereof, and shall
include the conditions resulting from any excavation or fill.
Any permit required under this chapter. (See § 229-11 of this chapter.)
A danger or potential danger to life, limb, or health, or
an adverse effect or potential adverse effect to the safety, use,
or stability of property, waterways, public ways, structures, utilities,
and storm sewers, including stream pollution.
The Township Engineer or his authorized representative whose
duty it is to administer compliance with approved plans and permits.
The maximum rate of flow of water at a given point and time
resulting from a predetermined storm.
A natural person but shall also include a partnership, corporation,
trust, or association.
The Peters Township Planning Commission.
The percentage of predevelopment peak rate of runoff from
a watershed subarea (as delineated in the watershed plan), which defines
the allowable post-development peak discharge from any development
site in that subarea. The release rate percentage is determined by
computing the following ratio:
|
Subarea rate of runoff contributing to watershed peak
Subarea predevelopment peak rate of runoff
|
=
|
Release Rate Percentage
|
A lot, tract, or parcel of land, or a series of lots, tracts,
or parcels of land which are adjoining, where grading work is continuous
and performed at the same time.
A person registered by the Commonwealth of Pennsylvania as
a professional engineer and who has training and experience in the
branch of soils engineering.
Interim Soils Survey Report Volume II, United States Department
of Agriculture, Natural Resources Conservation Service, 1984, and
the Greene and Washington Counties Soil Interpretations, United States
Department of Agriculture, Natural Resources Conservation Service,
1974.
All, or combinations of ashes, garbage, refuse, radioactive
material, combustible demolition materials, and industrial waste such
as food-processing wastes, wood, plastic, metal scrap, etc.
Either of the following: those steep slopes identified as
25% or greater on the drawing prepared by the Gateway Engineers, Inc.,
Drawing No. 48669-F; or any area where, in a one-hundred-foot horizontal
distance, the slope exceeds 25%.
Natural or engineered structures which collect and transport
stormwater through or from a drainage area to the point of final outlet,
including, but not limited to, any of the following: conduits and
appurtenant features, canals, channels, ditches, streams, culverts,
streets and pumping stations.
An area whose boundaries are coterminous with those of the
watersheds delineated by the Township Stormwater Management Plan.[2]
The plan for managing stormwater runoff from a specific development
site.
Water resulting from snowmelt or precipitation within a drainage
basin, flowing over the surface of the ground, collected in channels
and conduits, and carried by receiving streams.
Peters Township.
That person duly appointed by the Township officials to act
in that capacity.
[Amended 4-14-1986 by Ord. No. 352; 7-8-1991 by Ord. No. 451; 3-22-1993 by Ord. No. 482]
A.
Public protection.
(1)
Dust control. During grading operations, necessary measures for dust
control will be exercised.
(2)
Cleanup. All soil washed or carried onto public streets during grading
operations shall be cleaned up each day. Temporary driveway or road
surfaces shall be provided as soon as possible. The owner of property
being graded shall be responsible to protect and clean up lower properties
of silt and debris which have washed down onto the lower properties
as a result of the grading work on the higher property.
(3)
Fencing. At the top of all cut or fill slopes which are to be steeper
than two horizontal to one vertical, and eight or more feet in total
height, a fence not less than four feet in height, and of a design
meeting the approval of the Township Engineer shall be erected prior
to the commencement of grading operations.
(4)
Hazardous conditions. Whenever the Township Engineer determines that any existing excavation, embankment, or fill has become a hazard as defined in § 229-4 of this chapter, the owner of the property upon which the excavation, embankment, or fill is located, or other person or agent in control of said property, upon receipt of notice from the Township Engineer shall, within 24 hours or other reasonable period specified therein, repair, reconstruct, or remove such excavation, embankment, or fill so as to eliminate the hazard. If, after such notification, the property owner, or his agent, has not made the necessary repairs, within the time specified, then the Council may direct Township employees or hired personnel to make the required repairs and the cost thereof shall be borne by the property owner, said costs to be collected in the manner provided by law, including the imposition of a lien against the property.[1]
(5)
Workdays. None of the work or activity covered by a grading permit
shall be conducted on a Sunday or legal holiday without the approval
of the Council or the Council's designated representative.[2]
(6)
Diversion of water. Grading will not be done in such a way as to
divert water onto the property of another landowner, except into a
natural watercourse, without the written consent of that landowner
and in accordance with the approved plan for managing stormwater runoff
on the grading site.
B.
Environmental protection.
(1)
Live stream crossings (blue line on USGS Map). Grading equipment
will not be allowed to cross live streams. Provision will be made
for the installation of culverts or bridges for such crossings.
(2)
Conservation of natural features. In order to prevent the denuding of the landscape, large trees and other natural features constituting important physical, aesthetic, and economic assets to existing or impending development work shall be preserved. All grading shall be kept to the absolute minimum and any logging conducted in accordance with Chapter 402, Article I, Logging and Timber Harvesting, of the Code of Peters Township.
(3)
Excessive slopes. Excessive slopes of 25% or more may not be graded in order to minimize erosion and storm runoff to protect watersheds, to discourage erosion of soils by maintaining adequate foliage cover on excessive slopes; and to promote the perpetuation of open space on hillsides. An excessive slope is determined as defined in § 229-4 of this chapter.
(4)
Erosion and sedimentation controls.
(a)
All grading shall be done in conformity with the requirements
of the Pennsylvania Department of Environmental Protection (25 Pa.
Code Chapter 102). Reports and plans required to be submitted to this
agency shall also be submitted to the Township even when the area
involved is less than 25 acres.
(b)
Guidelines for minimizing erosion and sediment contained in
the "Erosion and Sediment Control Handbook" for Washington County,
Pennsylvania, and the Department of Environmental Protection, Soil
Erosion and Sedimentation Control Manual, shall be followed. One or
a combination of guidelines shall be used to minimize hazard, depending
on site conditions and proposed grading. However, the Township Engineer
may approve grading plans not meeting guidelines of these handbooks
if proposed grading will not constitute a hazard.
(c)
All slopes exceeding 3:1 shall be sown with crown vetch or other
approved anti-erosion vegetation.
(d)
Adequate provisions shall be made to prevent surface water from
damaging the cut face of excavations and/or the sloping surface of
fills. Interception and diversion facilities for stormwater and surface
water runoff, both above and below the cut area during and after construction,
shall be included in the design.
(e)
Fill shall be placed and compacted so as to minimize sliding
or erosion.
(f)
Care shall be taken to prevent sedimentation from entering natural
watercourses for existing channels, and suitable protection shall
be provided for periods of possible flooding. Approved anti-erosion
devices shall be installed where directed to achieve this requirement.
(7)
Stormwater management. Adequate provisions shall be made to manage stormwater runoff safely on the grading site. Stormwater management controls shall be designed so that the peak rate of runoff (discharge) from all stormwater outfalls on the site conforms to the applicable stormwater management performance standards for the Stormwater Management District in which the site is located. (Refer to Chapter 371, Stormwater Management, of the Code of Peters Township.)
(8)
Vegetation and revegetation. In addition to the erosion and sedimentation
controls required for the protection of the land during construction,
the following standards shall be complied with:
(a)
Vegetation shall be removed only when absolutely necessary,
e.g., for buildings, filled areas, roads.
(b)
Every effort shall be made to conserve topsoil which is removed
during construction for later use on areas requiring vegetation or
landscaping, e.g., cut and fill slopes.
(c)
Vegetation sufficient to stabilize the soil shall be established
on all disturbed areas as each stage of grading is completed.
(d)
Either the grading plan or a separate landscaping plan shall specify the revegetation and slope stabilization of all disturbed ground. Slopes exceeding 3:1 in residential subdivision development or on commercial or industrial sites shall be landscaped as required in Chapter 385, Subdivision and Land Development, § 385-33E, or § 311 of the Zoning Ordinance.[5]
(e)
All disturbed soil surfaces shall be stabilized or covered prior
to the first day of November. If the planned impervious surfaces (e.g.,
roads, driveways, parking lots, etc.) cannot be established prior
to November 1, a temporary treatment adequate to prevent erosion shall
be installed on those surfaces.
(f)
The developer shall be fully responsible for any destruction
of native vegetation proposed for retention. He shall carry the responsibility
both of his own employees and for all subcontractors from the first
day of grading until release by the Township. The developer shall
be responsible for replacing such destroyed vegetation. The use of
qualified personnel experienced and knowledgeable in the practice
of revegetation shall be required.
C.
Maintenance.
(1)
The owner of any property upon which an excavation or fill has been
made shall maintain in good condition and repair the excavation or
fill constructed and also all retaining walls, cribbing, drainage
structures, fences, ground cover, and any other protective devices
as may be a part of the permit requirements.
(2)
If, at any time subsequent to the completion of the grading work,
the cut face or fill slope shall evidence signs of deterioration,
erosion, or other evidence which might be detrimental to the properties
above and below the graded site, the Township Engineer may direct
the property owner to take necessary remedial steps in accordance
with sound engineering practice to restore the grading to a safe condition,
and to do so in a reasonable period of time.
[Amended 7-8-1991 by Ord. No. 451; 3-22-1993 by Ord. No.
453]
A.
Recommended maximum slope steepness of a cut shall be three horizontal
to one vertical for minimizing erosion and landslide hazard. This
maximum limitation is most desirable as it can be maintained as lawn
area. However, a government review agency, professional engineer,
or engineering geologist may recognize the types of soil on the site
to be graded from the soil survey or a more detailed professional
field analysis. Maximum slopes can then be determined as follows:
(1)
Slopes of less than 25% which have landslide-prone or unstable soils
shall have cut slopes not steeper than three horizontal to one vertical
unless a soils engineer's report recommends up to a maximum of
a two horizontal to one vertical slope.
(2)
Slopes of less than 25% which are not landslide prone or unstable,
or have a low probability of being landslide prone shall have a slope
not steeper than two horizontal to one vertical, unless a satisfactory
soils engineer's report (including core borings) is submitted
to the Township Engineer with the grading plan, indicating that up
to a 1:1 slope is structurally sound and erosion resistant. In such
case, a maximum of a 1:1 slope 20 feet in height may be permitted
only in the commercial or industrial zoning districts, providing it
is deemed aesthetically acceptable to the Planning Commission.
(3)
Cut slopes which are steeper than 2:1 may also be allowed under a grading permit through the utilization of retaining walls, with the approval of the Township Engineer and the Planning Commission. The developer must show that the slope-wall combination is absolutely necessary to develop the property. Requirements for retaining walls are in § 229-8 of this chapter.
B.
The top or bottom edge of slopes shall generally be set back three feet from adjacent property lines in order to permit the normal rounding of the edge without encroaching on the abutting property. The top edge of a slope shall be set back eight feet from adjacent lines in a buffer area and the maximum grade permitted in the remainder of the buffer area shall not exceed three horizontal to one vertical. In commercial and industrial districts, the top or bottom of slope shall be set back 10 feet from the curb. On a state road, a release must be obtained for cut or fill within the right-of-way. See Chapter 385, Subdivision and Land Development, § 385-33D, of the Code of Peters Township for grading requirements next to new streets.
C.
Excavations 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 or movement.
D.
Adjoining properties and structures shall be protected as provided
in the Township's Building Code as is then on file in the office
of the Building Inspector and/or as required by the Township Engineer.
E.
All blasting which is conducted in the Township shall be in conformity
with state requirements and shall be in compliance with the Act of
1957, July 10, P.L. 685, 73 P.S. §§ 164 to 168, as
amended, and the Department of Environmental Protection and regulations
promulgated pursuant to the aforesaid statute.
[Amended 7-8-1991 by Ord. No. 451]
A.
Gradients.
(1)
Fill not steeper than three horizontal to one vertical is desirable
and is to be utilized whenever possible.
(2)
No fill shall be made which creates a slope steeper than two horizontal
to one vertical. The Township Engineer may impose conditions requiring
that a fill be constructed with an exposed surface flatter than two
horizontal to one vertical, if, under the particular circumstances
involved, such flatter surface is necessary to stability and for the
safety of persons and property.
(3)
If deemed necessary by the Township Engineer, a written report can
be required from a soils engineer, certifying that he has inspected
the site and that the proposed fill will not endanger any property
or result in personal hazard or property damage.
(4)
Filled slopes which are steeper than those specified above may be
allowed under a grading permit through the utilization of retaining
walls, with the approval of the Township Engineer and the Planning
Commission. The developer must show that the slope-wall combination
is absolutely necessary to develop the property. Requirements for
retaining walls are in this chapter.
B.
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:
(1)
No man-made material may be used as fill except as approved by the
Township Engineer.
(2)
The fill shall be completed within a reasonable length of time as
determined by the Township Engineer and so specified on the grading
permit.
(3)
Clean soil or earth shall be placed over the top and exposed surfaces
of the fill to a depth of two feet minimum to effectively conceal
all materials used in the fill other than clean soil or earth. If
the filling operation is intermittent, the Township Engineer may require
that the top and exposed surfaces of the fill be so covered at the
completion of each such interruption.
C.
No fill of any kind shall be placed over trees, stumps, vegetation,
topsoil, or other materials to prevent slippage and/or the attracting
of rodents.
D.
All fills shall be compacted to provide stability of fill material
and to prevent undesirable settlement or slippage. Fills shall be
compacted using modern methods and equipment. Fills shall be constructed
under the supervision of a qualified soils engineer who shall certify,
in writing, as to the adequacy of the compaction and he shall submit
results of the compaction tests to the Township Engineer.
E.
The top or bottom edge of slopes shall, generally, be set back three
feet from adjacent property lines in order to permit the normal rounding
of the edge without encroaching on the abutting property.
[Amended 3-22-1993 by Ord. No. 482]
A.
When the topography and natural condition of the property is such
that a ground slope of two horizontal to one vertical is not feasible,
the Township Engineer and the Planning Commission may consider the
submission of a grading plan showing a retaining wall and ground slope
combination that would be aesthetically acceptable.
B.
Criteria for the acceptance of such a combination shall as a minimum
provide:
(1)
That the retaining wall(s) not exceed a height of six feet.
(2)
That if the plan incorporates terracing, that the gradient of the
slope between retaining walls not exceed two horizontal to one vertical
and that the diagonal distance between walls be at least equal to
the height of the retaining wall.
(3)
Where a stable natural rock ledge is existing as established by a
written statement from a soils engineer, a similar design of rock
ledge and ground slope combination may be considered by the Township
Engineer and the Planning Commission.
C.
When a retaining wall is constructed to satisfy a requirement of
this chapter, a wall detail must be submitted reflecting sound engineering
practices bearing the seal of a professional engineer, architect or
surveyor. A permit is required unless the wall detail is shown on
a site plan or similar construction plan which has been reviewed by
the Township Engineer.
E.
In general, where a wall is replacing an exposed slope, the vertical
face of the wall shall be set back a minimum of three feet from the
adjoining property.
(1)
An exception to this requirement may be applied for and granted by
the Township Engineer if it can be satisfactorily demonstrated that
such an exception is necessary to permit normal use of the property,
i.e., for a sideline driveway, or other reasonable considerations.
(2)
The requirement of this subsection may also be set aside when the
proposed retaining wall is a joint venture between adjacent property
owners, and appropriate documents so stating are filed with the application
for the permit.
[Amended 4-14-1986 by Ord. No. 352]
Every applicant for a grading permit shall file a written application
thereof with the Township. Such applicant shall:
A.
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.
B.
Be accompanied by plans and specifications prepared, signed, and sealed by a professional engineer or surveyor, and include the items enumerated below. The stormwater management plan for the grading site shall be prepared according to the provisions of Chapter 371, Stormwater Management. Applicants for site plan review may incorporate their grading plan in the site plan with the permission of the Township Engineer. Applicants for subdivisions or land developments shall incorporate the requirements for a grading plan in the preliminary plat. Such plans shall be at the scale of one inch equals 20 feet, except with the permission of the Township Engineer, and shall include:
(1)
A description of the site proposed for grading;
(2)
Accurate location by lot, block, tract, street address, a location
map or other similar information;
(3)
A contour map showing the present contours of the land and the proposed
contours of the land after completion of the proposed grading at intervals
of not less than two feet, or as permitted by the Township Engineer;
(4)
A plan showing cross sections of the proposed cut or fill which show
the method of benching both cut and/or fill;
(5)
In addition, a plot plan shall show the location of the grading boundaries,
lot lines, neighboring streets or ways, buildings, surface and subsurface
utilities, and waterways;
(6)
In addition, plans shall include a description of the type and classification
of the soil from the soil survey or better;
(7)
Details and location of any stormwater management facilities or drainage
control structures, pipes, walls and cribbing;
(8)
Seeding and/or planting locations and schedules, debris basins, diversion
channels;
(9)
Nature of the fill material; and such other information as the Township
Engineer may need to carry out the purpose of this chapter;
(10)
Quantity of cut and/or fill in cubic yards.
D.
Eight copies of the plan shall be submitted (except for grading on
a single-family lot), one of which shall be reproducible in nature.
E.
The Planning Commission, upon the recommendation of the Township
Engineer may waive the preparation of plans by a professional engineer
or surveyor if they determine that it is not necessary, that it creates
no potential nuisance or hazard, and it does not include the construction
of a fill upon which a structure is to be erected.
F.
State the estimated dates for the commencement and completion of
grading work.
G.
State the purpose for which the grading application is filed.
H.
State whether excavated material is to be used as on-site fill or if it is to be removed from the site. If material is to be removed from the site, the location and quantity of such disposal must be stated in the application. A separate grading permit may be required for each such off-site fill, as herein required in § 229-11 of this chapter.
I.
The Township Engineer may require from the applicant, or the applicant's
engineer, information and reports from governmental agencies, and
scientific and/or engineering journals, if available, and professional
engineers and/or engineering geologists, if necessary. This information
and these reports must be of sufficient detail to insure that proposed
grading will not create a hazard and that there will be a minimum
of soil erosion on the site to be graded.
J.
To be adequate, a geological report shall include a detailed description
of the geological conditions of the site; include conclusions and
recommendations that will demonstrate the relationship of the geological
conditions to the proposed development, including hazardous conditions,
water resources, mineral resources, and environmental impact. A soil
conservation report shall include existing site description as to
topography, drainage, cover, and soils, major resource problems as
to soil limitations, erosion and sediment potential and surface runoff
changes; and recommendations to minimize soil limitation, erosion
and sediment, and surface water disposal problems.
[Amended 7-8-1991 by Ord. No. 451]
A.
All grading plans, with the exception of those for grading on a single-family lot in the residential district, shall be submitted to the Peters Township Planning Commission for its review, within the same time limits prescribed for the review of site plans. The Township Engineer shall make a written report. The stormwater management plan for the grading site shall be reviewed and approved according to the provisions of Chapter 371, Stormwater Management, of the Code of Peters Township.
B.
All grading in connection with single-family residential lots shall
be subject to the review of the Building Inspector with the advice
of the Township Engineer, if necessary.
C.
If proposed grading is not associated with approved development plans
(site plan or subdivision plan), the owner must be prepared to demonstrate
at the time of application that the proposed grading is in the best
interest of Peters Township and consistent with the likely development
of the parcel which is the subject of the application and will not
detract from the use of neighboring property and the character of
the neighborhood.
D.
If a departure is granted on the grade of slope, special consideration
shall be given in review of the plan as to how the slope can be concealed
by landscaping.
[Amended 4-14-1986 by Ord. No. 352]
A grading permit must be obtained from the Township for new grading, excavations, fills, changes, additions, or alterations made to existing excavations or fills, all of which shall conform to the provisions of § 229-9 of this chapter. A separate grading permit shall be required for each site. One permit may cover the grading, excavation and fill made on the same site. If excavated material is to be removed from a grading site, it shall be noted on the application. Such off-site disposal may require the securing of a separate permit as noted below.
A.
Exceptions. A grading permit, performance and completion bond and
cash escrow will not be required for the following:
(1)
Foundation excavation incidental to an issued building permit.
(2)
Excavation and/or fill on a site not exceeding 500 cubic yards [in addition to Subsection A(1), above], or four feet in depth, providing a 3:1 slope is maintained.
(3)
Off-site fill disposal not exceeding 500 cubic yards, or four feet
in depth, providing a 3:1 slope is maintained.
B.
Expiration of permit. 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 Council, acting upon
the recommendation of 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, and provided, further, that
the application for the extension of time is made before the date
of expiration of the permit.
C.
Denial of permit; appeal.
(1)
A grading permit can be denied for the following reasons:
(a)
When, in the opinion of the Township Engineer, work proposed by the applicant does not comply with the provisions of § 229-9 of this chapter or other Township ordinances or is likely to endanger any property, or person, or any street or alley, or create hazardous conditions. In determining whether the proposed work is likely to endanger any property or any street or alley, or create hazardous conditions, the Township Engineer shall give due consideration to possible saturation by rains, earth movements, runoff surface waters, and subsurface conditions such as the stratification and faulting of rock, aquifers, springs and the nature and type of the soil or rock;
(b)
When, in the opinion of the Planning Commission, the proposed
grading is excessive and not necessary for the utilization of the
site;
(2)
The Council shall, within 45 days, consider appeals from the decision of the Township Engineer or from the Planning Commission and shall consider alternate methods, standards or materials proposed by the developer when, in its opinion, strict compliance with the provisions of this chapter is unwarranted or creates a hardship. Any modifications of the applicable stormwater management standards, particularly the standards governing allowable peak rate of runoff, shall be determined to be consistent with the overall stormwater performance standard stated in Chapter 371, Stormwater Management. Any applicant or permit holder shall have the right to appeal to any court of competent jurisdiction from any decisions of the Council within 30 days of its decision. The Township Engineer and/or the Planning Commission may or may not submit recommendations in favor of the appeal.
A.
The administrator shall receive the applications and shall collect
all fees, escrows and required bonds.
B.
Grading fees will be based on the volume of material to be graded in accordance with the Schedule of Fees, Chapter 195, Fees.
C.
Before issuance of a grading permit, the Administrator may require the applicant to post $200 in cash plus a performance bond, corporate surety, or other approved security in the amount of 20% of the estimated cost of grading work and other control facilities proposed, to guarantee that said work and facilities will be completed in a satisfactory manner and meet the requirements of §§ 229-5 through 229-8 of this chapter. No bond shall be required if another bond or other approved security is posted for construction and/or site improvements which covers the cost of the grading and other control facilities. When all requirements of this permit have been met and the work has been completed in a satisfactory manner, the security shall be replaced with a maintenance bond guaranteeing the work for a period of two years after completion thereof.
D.
No grading permit shall be issued for the filling of materials other
than clean soil earth until a faithful performance bond in the amount
of at least 20% more than 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, as well as by the principal, and shall be subject to the approval
of the Township Solicitor as to form. The bond shall inure to the
benefit of the Township and be conditioned upon the faithful performance
of the work required under the terms and conditions of the grading
permit to the satisfaction of the Township Engineer. In lieu of such
bond, a cash deposit or a certified check in the same amount may be
made with the Township Treasurer.
A.
Plans for grading work and other control facilities, bearing the
stamp of approval of the Township Engineer, and a copy of the approved
permit, shall be maintained at the site during the progress of the
grading work and until the work has been completed.
B.
Grading work at the various stages, or at any other time, will be subject to spot inspections at the discretion of the Township Engineer, to determine that work is being performed in compliance with § 229-13 of this chapter. The permit holder shall notify the Township Engineer 48 hours prior to the following schedule of required inspections:
(1)
Initial inspection. When work on the excavation or fill is to be
commenced.
(2)
Rough grading. When all the rough grading has been completed.
(3)
Drainage facilities. When drainage facilities are to be installed
and before such facilities are backfilled.
(4)
Special structures. When excavations are complete for retaining and
crib 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 facilities and other structures as described in the application,
has been completed.
C.
Any physical changes in the site, such as surface water drainage,
soil and bedrock dislocations, alteration of groundwater discharge
or any other natural or man-made modification which would cause a
doubt to be cast upon the feasibility of the contents of the original
permit approval, must be reported to the Township Engineer within
24 hours of discovery of such condition. Failure to do so is deemed
as just reason for revocation of the permit and forfeiture of security.
D.
In special cases, when grading occurs in areas of landslide-prone
soil as recognized by the soil survey or better, the Township Engineer
may require special precautions and/or soil tests from the owner.
The results of all soil tests and core borings made relating to the
site being graded shall be submitted to the Township Engineer, cost
of such tests and reports to be borne by the permittee. Any grading
of landslide-prone soils or areas must be done under the supervision
of a soils engineer, at the expense of the permittee.
A.
Neither the issuance of a permit under the provisions of § 229-11 of this chapter, nor the compliance with the provisions hereto or with any condition imposed by the Township official hereunder, shall relieve any person from any responsibility for damage to persons or property resulting therefrom, or as otherwise imposed by law, nor impose any liability upon the Township for damages to persons or property.
B.
Compliance with the requirements of this chapter shall be incumbent
upon the person performing any grading, presence or absence of an
inspector notwithstanding.
[Amended 4-14-1986 by Ord. No. 352]
B.
When notice of any violation of, or noncompliance with, the provisions
of this chapter has been given by the Administrator or the Code Enforcement
Officer, or their representative, to any person, such violation shall
be discontinued immediately or within a reasonable time limit specified
in such notice. If such violation is not discontinued, or extends
beyond the specified time limit, the Administrator shall revoke the
grading permit and the violator shall be subject to the applicable
penalty.
C.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.[1]
D.
Any violation of the provisions of this chapter, when certified in writing by the Administrator, shall incur the automatic forfeiture of the $200 cash bond required to be deposited under § 229-12 of this chapter. This automatic forfeiture is also applicable to partially satisfy costs incurred as referred to in § 229-5A(4) of this chapter.
E.
In addition to the above-stated violations and penalties, the Township
may also seek remedies and penalties under the applicable Pennsylvania
statutes or regulations of any violation relating to an erosion/sedimentation
plan or permit (25 Pa. Code Chapter 102), dam, water obstruction or
encroachment permit granted by the Pennsylvania Department of Environmental
Protection (Dam Safety and Encroachment Act, 32 P.S. § 693.1
et seq.), or stormwater management controls (Storm Water Management
Act, 32 P.S. § 680.1 et seq.).
In case any work is performed by any person in violation of
any of the provisions of this chapter, the proper officer of Peters
Township, in addition to other remedies, may institute in the name
of Peters Township, an appropriate action or proceeding, whether by
legal process or otherwise, to prevent such unlawful work and to restrain
or abate such violation.
[Added 4-14-1986 by Ord. No. 354]
The Council shall hear requests for variances to the provisions
of this chapter where it is alleged that the provisions of this chapter
inflict unnecessary hardship upon the applicant after a review and
recommendation from the Township Engineer and Planning Commission.
The Council's action on the request shall be by a motion.
