[Adopted 12-15-2011 by Ord. No. 11-06]
This Part 1 shall be known and may be cited as the "Jackson
Township Grading Ordinance."
The purposes of this Part 1 are to regulate the modification
of natural terrain and the alteration of drainage and to provide for
certain erosion and sediment control measures to safeguard persons,
to protect property, to maintain the present level of ecology 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.
Unless otherwise expressly stated, the following terms shall be construed throughout this Part
1 to have the meanings indicated in this section:
APPLICANT
Any person or entity who applies for or to whom a permit
is issued pursuant to this Part 1 and/or who is subject to inspection
under this Part 1.
BEDROCK
Natural rock layer, hard or soft, in place at ground surface
or beneath unconsolidated surficial deposits.
BUILDING
Any structure having a roof supported by columns or walls
for the housing or enclosure of persons or animals. When any portion
thereof is completely separated from every other portion thereof by
a division wall without openings, then each such portion shall be
deemed to be a separate building.
BUILDING PERMIT
A valid permit issued by the Township pursuant to Chapter
5, Part
1, Construction Code, of the Code of Jackson Township, Butler County, Pennsylvania, as amended, for the construction, erection or alteration of a structure or building.
CERTIFICATE OF COMPLETION
A certificate issued by the Township certifying that the
work under a duly-issued grading permit has been completed in compliance
with the applicable Township ordinances and the Township-approved
plans and specifications for such grading permit.
[Added 5-8-2017 by Ord.
No. 17-04]
CLEARING
The clearing, grubbing, scalping, removal of trees or stumps
and removing and disposing of all vegetation and debris within the
site, including the conditions resulting therefrom.
CONSTRUCTION
The erection, alteration, repair, renovation, demolition
or removal of any building or structure, and the clearing, stripping,
excavating, filling, grading and regulation of sites in connection
therewith.
DEBRIS
Loose refuse or earth material not suitable for use as presently
situated or constituted, as determined by the Township Manager. See
also "waste."
DEVELOPER
Any person commencing proceedings under this Part 1 to effect
the development of land for himself or for another.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity, including such processes as gravitational
creep.
EXCAVATION
Any act by which earth, sand, gravel, rock, coal or any other
similar material is cut into, dug, quarried, uncovered, removed, displaced
or relocated, including the conditions resulting therefrom.
FILL
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, including the conditions resulting therefrom, or
the material used in such activity.
FINISHED GRADE
The elevation of the ground surface above sea level after
grading has been completed and the elevation coincides with the elevation
called for in a plan of grading.
GRADING
An excavation or fill or any combination thereof (either
initially or repeatedly), including the conditions resulting from
any excavation or fill.
GRADING PERMIT
A permit issued by the Township to authorize work to be performed
in compliance with, and as required by, this Part 1.
HAZARD
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.
PERSON
Unless otherwise specified, "person" shall mean both the
singular and plural, male or female, firm, business, partnership,
association, limited-liability company or corporation, or any other
legal entity.
PROFESSIONAL ENGINEER
A person licensed or otherwise authorized by the Commonwealth
of Pennsylvania to practice engineering, whose specialty is in the
field of civil engineering, unless another specialty is set forth
herein (e.g., such as that required for excavation and fill for faces
steeper than 2/1 slope).
PROFESSIONAL SURVEYOR
A person licensed or otherwise authorized by the Commonwealth
of Pennsylvania as a surveyor.
RETAINING WALL
A structure composed of concrete, steel or other approved
building material constructed for the purpose of supporting a cut
or filled embankment which would otherwise not comply with the requirements
of the standards set forth in this Part 1 and which is more than four
feet in height, as measured on the exposed vertical surface of the
wall.
ROUGH GRADE
That state of grading which approximates the finished grade
in a plan of grading.
SITE
A lot, tract or parcel of land or a series of lots, tracts
or parcels of land joined together, where work is continuous and performed
at the same time.
SLOPE
That ratio formed by the horizontal over the vertical difference
of position and where the vertical difference is usually expressed
as one (e.g., 2/1, 3/1, etc.).
SOIL
All earth material of whatever origin that overlies bedrock
and may include the decomposed zone of bedrock which can be readily
excavated by mechanical equipment. The term "clean soil or earth"
shall mean that earthen material consisting only of uncontaminated
soils, stones or rocks, or a mixture or combination of such materials,
of appropriate dimensions, that are raw materials, excavated or extracted
from a borrow pit or some earthen bank.
STRIPPING
Any activity which removes or significantly disturbs the
vegetative surface cover.
TOWNSHIP
Jackson Township, Butler County, Pennsylvania.
TOWNSHIP ENGINEER
The professional engineer licensed as such in the Commonwealth
of Pennsylvania duly appointed by the Board of Supervisors to serve
as the Engineer of the Township and/or his authorized designee.
TOWNSHIP MANAGER
The Township Manager duly appointed by the Board of Supervisors,
his authorized designee and/or the authorized designee of the Board
of Supervisors.
WASTE
All parts of or any combination of material that is an unintended
by-product of a manufacturing process and/or that is intended to be
or has been discarded. Examples of waste for the purposes of this
Part 1 include but are not limited to ashes, garbage, refuse, radioactive
material, demolition materials and industrial wastes such as food-processing
wastes, wood, plastic, metal scrap, or any similar materials.
WATERCOURSE
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, drainageway, waterway, gully, ravine
or wash in which water flows in a definite direction or course, either
continuously or intermittently, including any area adjacent thereto
which is subject to inundation by reason of overflow or floodwater.
WORK
Any activity authorized under a grading permit, including,
but not limited to, clearing, construction, grading and stripping.
ZONING ORDINANCE
Chapter
27, Zoning, of the Code of Jackson Township, Butler County, Pennsylvania, as amended.
A grading permit will not be required for any of the following
situations:
A. An excavation which does not exceed five feet in vertical depth at its deepest point measured from the existing grade, if the grading does not cover an area of more than 20% of the site and does not exceed 5,000 square feet and does not exceed 250 cubic yards. This exception shall not affect the applicability of this Part
1 to the requirement of a grading permit for any fill made with the material from such excavation, unless such fill is within the exception of Subsection
B herein.
B. A fill which does not exceed five feet in vertical depth at its deepest
point measured to the existing grade, if the grading does not cover
an area of more than 20% of the site and does not exceed 5,000 square
feet and does not exceed 250 cubic yards, provided that the surface
of such fill does not have a slope at any point steeper than five
horizontal to one vertical.
C. An excavation for a basement, footing of a building, swimming pool
or underground structure authorized by a building permit, and an excavation
of a driveway between a building site and the street where the plot
plans attached to the building permit indicate existing and proposed
contours.
D. A single-family dwelling site where the slope between property lines measured in any direction or the maximum excavation or fill, exclusive of the situations referred to in Subsection
C hereof, do not exceed the slopes or quantities set forth in the following table:
|
Single-Family House Site Area to be Graded
(square feet)
|
Maximum Slope Without Permit
(feet vertical per 100 feet horizontal)
|
Maximum Excavation or Fill Without Permit
(cubic yards)
|
---|
|
Less than 12,000
|
12
|
100
|
|
From 12,000 to 30,000
|
15
|
200
|
|
Over 30,000
|
20
|
250
|
E. Authorized Township capital improvement and public works projects;
provided, however, that erosion and sedimentation control measures
as approved by the Township have been and are being employed.
F. Accepted agricultural land management practices, such as plowing,
nursery operations, removal and/or transplanting of cultivated sod,
shrubs and trees and tree cutting at or above existing ground and
logging operations leaving the stump, ground cover and root mat intact.
Before issuing a grading permit, the Township shall collect
a permit fee from the applicant in accordance with the following provisions:
A. Application fees and deposits. The Township Board of Supervisors
shall establish from time to time by resolution fees and deposits
to be paid by the applicant/developer at the time of filing the relevant
application under this Part 1.
B. Review fees and expenses. The applicant/developer shall reimburse
the Township for all fees and expenses incurred by the Township related
to an application and/or grading permit under this Part 1, including,
but not limited to, the reasonable and necessary charges of the Township
professional consultants, the Township Engineer and the Township Solicitor
for review and report on an application and/or grading permit under
this Part 1 and the inspection of improvements and/or work related
thereto.
C. Upon filing an application, the applicant must agree, in writing,
to pay costs actually incurred by the Township, regardless of whether
the work related thereto is ever initiated or completed.
During grading or other work, the applicant shall be responsible
for:
A. Performing all work in accordance with the grading permit, approved
plans, specifications and timing schedules and in compliance with
all requirements of this Part 1.
B. Preventing damage to public utilities within the area where work
is performed and along any routes of travel of construction equipment
and repairing any such damage if necessary.
C. The prevention and/or repair of damage to adjacent property. No person
shall grade on land so close to the property line as to endanger any
adjoining public street, sidewalk, alley or any public or private
property without supporting and protecting such property from settling,
cracking or other damage which might result.
D. The prompt removal and legal disposal of all soil, debris or other
material spilled, dumped or otherwise deposited on public streets,
highways, sidewalks or other public thoroughfares during transit to
and from the construction site. The Township Manager may require the
construction of a haul road or other approved vehicle cleaning method
to prevent the spread of debris.
E. The prevention of all sediment from entering into any public sanitary
or storm sewer system or watercourse.
F. Applying for and obtaining a certificate of completion from the Township
to confirm completion of all applicant responsibilities under this
part. As part of this application for a certificate of completion,
the applicant shall be responsible for proving to the Township that:
[Added 5-8-2017 by Ord.
No. 17-04]
(1) All
work under the grading permit has been completed in compliance with
the applicable Township ordinances and the Township-approved plans
and specifications for such grading permit;
(2) The
work as completed does not negatively impact or interfere with stormwater
drainage and stormwater management on the subject property and/or
adjacent properties; and
(3) The
work as completed does not create a nuisance or hazard on the subject
property and/or adjacent properties.
Following written notice issued to the applicant and reasonable
opportunity to cure, the Township Manager may revoke or suspend any
permit issued under this Part 1 for:
A. Violation of any condition of the grading permit.
B. Violation of any provision of this Part 1 or any other applicable
law, ordinance, rule or regulation relating to work authorized under
a grading permit.
C. Existence of any condition or the doing of any act constituting or
creating a nuisance or hazard or endangering human life or the property
of others.
Unless otherwise provided by Pennsylvania law, every grading
permit shall automatically expire if the authorized work is not commenced
within six months or is not completed within one year from the date
of such permit issuance. If the applicant provides satisfactory evidence
in writing that unusual difficulties have prevented the work from
being started or completed within the specified time limits, the Township
Manager may grant a reasonable extension of time. An applicant must
file an application for the extension of time before the date of expiration
of the grading permit.
All modifications to the approved plans, specifications, timing
schedule and cost estimate for a grading permit shall be submitted
to the Township for review and approval by the Township Manager. There
shall be no differentiation between major and minor modifications
with respect to this section. Modifications of the approved plans
shall be reviewed and approved in the same manner as the original
plan.
The developer or the owner of any property on which work has
been done pursuant to a grading permit, or any other person or agent
in control of such property, shall maintain in good condition and
promptly repair or restore all damaged grade surfaces, walls, drains,
dams and structures, plantings, vegetation, erosion and sedimentation
control measures and other protective devices. Such repair, restoration
and maintenance shall be in accordance with the approved plans, specifications
and grading permit as required by this Part 1.
Neither the issuance of a grading permit nor compliance with
this Part 1 or any conditions imposed by the Township Manager shall
relieve any person from the responsibility for damage to any person
or property otherwise imposed by law, nor impose any liability upon
the Township for damages to any person or property.