The purpose of this article is to provide minimum standards
to safeguard persons and property and to promote the public welfare
by preventing excess erosion, hazardous rock and soil slippage, sediment
production 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.
As used in this article, the following terms shall have the
meanings indicated:
A landowner who filed an application for a grading permit,
as defined by the Pennsylvania Municipalities Planning Code, Act 247
of 1968, as amended, who has filed an application for development
within the Township.
A registered architect licensed as such in the Commonwealth
of Pennsylvania.
Natural rock layer, hard or soft, in place at ground surface
or beneath unconsolidated surficial deposits.
The Board of Supervisors of the Township of Potter.
The Uniform Construction Code.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities.
A registered professional engineer licensed as such in the
Commonwealth of Pennsylvania and knowledgeable in civil engineering.
The detachment and movement of soil or 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, disturbed, quarried, uncovered, removed, displaced,
relocated 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, including the condition resulting therefrom.
A temporary inundation of normally dry land areas.
A report prepared by a registered professional geotechnical
engineer.
The elevation of the existing or proposed ground surface
at the location of any proposed excavation or fill.
An excavation or fill, or a combination thereof.
A person designated by the Board of Supervisors as the representative
of the Township.
Any permit required pursuant to the provisions of this article.
Any danger or potential danger to life, limb or health, or
any 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 floodplain area specifically identified by FEMA or in
the Township Zoning Ordinance as being inundated by the one-hundred-year
flood. Included would be areas identified as Floodway (FW), Flood-Fringe
(FF) and General Floodplain (FA).
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Except for:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium.
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For the purposes of this subsection, an "amusement park" is defined
as a tract or area used principally as a new location for permanent
amusement structures or rides. This exclusion shall not apply to newly
acquired acreage by an amusement park until initial plans for the
expanded area have been approved by proper authorities.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
A landscape architect licensed by the Commonwealth of Pennsylvania.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
Any landowner, agent of said landowner, or tenant with the
permission of said landowner who has been granted a grading permit
pursuant to the provisions of this article.
A natural person, but also includes a partnership, corporation,
trust, association or any type of legal entity.
A structure composed of concrete, steel, wood, or other approved
building material within the allowable stresses as specified under
the building code, constructed for the purpose of supporting a cut
or filled embankment or to retain or support the lateral pressure
of earth or other superimposed loads.
A bond, letter of credit or cash provided by the permit holder
to secure performance under this article.
A lot, tract or parcel of land, or a series of lots, tracts
or parcels of land which are adjoining and with respect to which grading
work is to be continuous and performed at the same time.
The upward or downward slant or inclination or degree of
slant, expressed either as a horizontal to vertical ratio or as a
percentage of vertical inclination from the horizontal.
A report, prepared by a licensed professional engineer, that
includes a description of a site and topography, drainage, cover,
soils, soil limitations, erosion and sediment potential, surface runoff
changes and recommendations to minimize soil limitations, erosion
and sediment, and surface water disposal problems.
A registered professional engineer licensed as such in the
Commonwealth of Pennsylvania and having training and experience in
the branch of soils engineering.
The survey for Beaver County, Pennsylvania, and the accompanying
text, Soil Survey of Beaver County, Pennsylvania, as prepared by the
USDA Soil Conservation Service et al.
Any and all parts or combination of ashes, garbage, refuse,
radioactive material, combustible demolition materials and industrial
wastes such as food-processing wastes, wood, plastic, metal scrap,
etc.
Where, in a one-hundred-foot horizontal distance, the slope
exceeds 40%.
Potter Township, Beaver County, Pennsylvania.
The appointed Engineer of the Township or his designee.
No person shall commence or perform any grading, excavation,
and/or fill operations without first having obtained a grading permit
from the Township. A separate grading permit shall be required for
each parcel of land to be graded, excavated or filled as follows:
A.
One permit shall cover the grading, excavation, and any fill made
on the same site.
B.
Only one permit shall be required for the grading of a large, continuous
parcel of land for a major planned development, such as a planned
residential development or a planned commercial development, when
the standards for the grading of the entire parcel are satisfactory
to and approved by the grading administrator.
A grading permit will not be required, however, in any one of
the following situations, but in all other respects the provisions
of this article shall apply:
A.
An excavation which does not exceed four feet in vertical depth at
its deepest point, measured from the natural ground surface, or cover
an area of more than 1,000 square feet, provided that the surfaces
of such excavation do not have slope at any point steeper than two
horizontal to one vertical.
B.
Fill which does not exceed four feet in vertical depth at its deepest
point, measured from the natural ground surface, and/or does not cover
an area of more than 1,000 square feet, provided that the surfaces
of such fills do not have a slope at any point sleeper than two horizontal
to one vertical.
C.
An excavation below finished grade for basements and footings of
a building, or a one-family dwelling, swimming pool, or underground
structure authorized by a building permit.
D.
An excavation of a driveway between a building site and the street.
A permit is required for an excavation of a driveway between the building
site and the street when, in the judgment of the grading administrator,
extreme conditions (such as excessive cut or fill) exist.
E.
Soil excavated under the authorization of a properly issued building
permit which is stockpiled on the same site as the excavation.
F.
Work performed or directed by the Township in a public street or
alley or in a Township park, playground or recreation area or on other
public property.
Every applicant for a grading permit shall file a written application,
with plans, specifications, and a soil conservation report, with the
grading administrator in a form prescribed by the Township. Unless
waiver is granted by the grading administrator to one or more items,
the application shall:
A.
Describe the land on which the proposed work is to be done by Tax
Map, parcel number and street address, or similar description which
will readily identify and definitively locate the proposed work.
B.
State the estimated dates for the starting and completion of grading
work.
C.
State the purpose for which the grading application is filed.
D.
State whether or not a building, structure or other improvement,
the construction of which will require a building permit pursuant
to the provisions of the Building Code, is intended to be erected
on the land on which the grading is to be done.
E.
Include plans and specifications prepared, signed and sealed by a
licensed professional engineer, surveyor, architect or landscape architect,
which shall accurately portray and describe the site and proposed
soil erosion controls, if any, and shall include:
(1)
The name of the applicant.
(2)
The name of the owner of the land.
(3)
The permission and approval of the owner of the property if the applicant
is an agent or tenant of the landowner, by affidavit.
(4)
An accurate location by Tax Map, parcel number and street address,
with a location map or other similar information.
(5)
A contour map showing the present contours of the land and the proposed
contours of the land after completion of the proposed grading at two-foot
intervals where the average slope is 15% or less and at five-foot
intervals where the average slope exceeds 15%.
(6)
Cross sections of the proposed cut or fill on fifty-foot intervals
which show the method of benching both cut and/or fill; provided,
however, that there shall be not less than two cross sections for
each site.
(7)
A plot plan showing the location of the grading boundaries, lot lines,
neighboring streets, or ways, buildings, surface and subsurface utilities
and waterways, drainage patterns and sufficient dimensions and other
data to show all work. Where grading is to be performed over or adjacent
to existing utility lines, cross sections shall include utility line
elevations.
(8)
A description of the type and classification of the soil from the
soil survey, other standard surveys, or other methods.
(9)
Details and location of any proposed drainage, structures and pipes,
walls and cribbing.
(10)
Seeding locations and schedules, debris basins, and diversion
channels.
(11)
Erosion and sedimentation report.
(12)
If truck or trailer loads of soil are to be removed from or
delivered to the site, a description of truck travel routes must be
approved by the Township. Evidence of approval from a state or county
agency, where required, shall also be provided.
F.
If proposed grading, excavation or fill is located entirely or partially within any identified floodplain area, a document, certified by a licensed professional engineer or architect, which states that the proposed grading, excavation or fill has been adequately designed to withstand the one-hundred-year flood elevations, pressure, velocities, impact and uplift forces associated with the one-hundred-year flood and that the plans adhere to the restrictions of this article. Such statement shall include a description of the type and extent of measures which have been incorporated into the design of the grading, excavation or fill. Such proposed grading, excavation or fill shall comply with § 149-58G below.
The responsibilities of the grading administrator shall be as
follows:
A.
The grading administrator shall require that a geotechnical engineering
report be submitted by the applicant if the site is, has been, or
is likely to become hazardous to persons or property. The Coal Resource
Maps prepared by USGS, 1975, for the Greater Pittsburgh Region (as
well as the SCS Soils Survey for Beaver County) shall be used to locate
hazardous areas. The report shall contain a detailed description of
the geological conditions of the site and shall 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.
B.
Where, due to special circumstances and conditions, compliance with
the provisions of this article would result in unnecessary hardship,
the grading administrator may make such special reasonable exceptions
thereto, upon recommendation from the Township Engineer, as will not
be contrary to the public interest and may impose such conditions
as he/she deems necessary to adequately protect the public interest.
A.
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 18 months from the date
of issue, provided that the grading administrator 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.
B.
Any physical changes from the original plan uncovered in the site
during the construction, such as surface water drainage, soil and
bedrock dislocations, alteration of groundwater discharge, or any
other natural or man-made modification which would tend to adversely
affect the basis upon which the permit was issued, must be immediately
reported to the grading administrator by the permit holder. If the
circumstances dictate, the grading administrator shall revoke the
permit or otherwise modify the conditions upon which the permit was
initially issued.
Where, in the opinion of the Township Engineer, the work as
proposed by the applicant is likely to endanger any property or person
or any street or alley or create hazardous conditions, the grading
administration shall deny the 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 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.
A.
Before issuing a grading permit, the grading administrator shall
collect a permit fee. Fees will be consistent with the Fee Resolution
adopted by the Board of Supervisors and may be amended from time to
time.
Security shall be provided as follows:
A.
As a condition of grading approval for public improvements, the applicant
shall post financial security acceptable to the Township in the amount
of 110% of the estimated cost to perform the grading and remedial
work. The cost estimate shall include the complete scope of work needed
to be performed by the applicant to comply with this article. The
estimated cost shall be determined by the applicant and approved by
the Township Engineer. As a condition of grading approval for private
improvements, proof of adequate liability insurance shall be provided
by the applicant.
B.
No separate financial security shall be required if security has
already been posted for construction and/or site improvements which
covers the cost of grading and other control facilities.
A.
Application for the permit by the applicant shall constitute consent
to enter the site for inspections at any time. The Township shall,
when requested by the permit holder, 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 article. Where it is found by
inspection that the soil or other conditions are not as stated or
shown in the application, the Township may refuse to approve further
work until approval is obtained for a revised grading plan conforming
to existing conditions.
B.
Plans for grading work bearing the approval of the Township 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 grading administrator in order
to obtain inspections in accordance with the following schedule and
at least 48 hours before the inspection is to be made. Before calling
for any inspection, the owner shall have the property line stakes
set and sufficient grade stakes set by a licensed professional engineer
or surveyor to enable the grading administrator to verify the grading
operation.
(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 which connect to or
shall become public facilities are to be installed and inspected before
such facilities are backfilled.
(4)
Special structures: when excavations are complete for retaining and
crib walls 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.
If, at any stage of the work, the grading administrator shall 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
may require, as a condition to allowing the work to be done, that
such reasonable safety precautions be taken as the grading administrator
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, temporary
safety fencing, terracing, compaction or cribbing.
The following general working conditions will apply to all grading
sites:
A.
Dust control. During grading operations, necessary measures for dust
control will be exercised.
B.
Debris control. No debris shall be deposited or accumulated on streets.
C.
Permit hours. The operation of heavy construction or excavation machinery,
including but not limited to bulldozers, highlifts, backhoes, trucks,
power shovels, pumps and jackhammers, and the operation of equipment
such as saws and drills or any other type of machinery used outside
a structure, in conjunction with work requiring a building permit,
which causes a noise sufficient to disturb the peace and general tranquility
of the general public or any portion thereof shall, absent approval
by the Township, be prohibited in the entire Township between the
hours of 9:00 p.m. and 7:00 a.m., Monday through Saturday, and all
day Sunday and on legal holidays.
Standards for excavations shall be as follows:
A.
Maximum slope steepness of a cut shall be two horizontal to one vertical
for minimizing erosion and landslide hazards. However, upon a determination
by a governmental review agency or a licensed professional engineer
that the properties of the types of soil on the site to be graded,
as identified by the soil survey, other standard surveys, geological
surveys or core borings, require special consideration, then maximum
slopes may then be determined as follows.
(1)
Landslide-prone soils or unstable rock formations where existing
slopes are less than 25% shall have proposed cut slopes no steeper
than that are recommended by a licensed professional engineer. A document
signed and sealed by said engineer shall be forwarded to the Township
prior to approval of the grading permit.
B.
Cut slopes which are steeper than those specified above may be allowed
under a grading permit, provided one or both of the following are
satisfied:
(1)
The material in which the excavation is made is sufficiently stable
to sustain a slope steeper than the slope specified above for recognized
conditions on the site. A written statement addressed to the Township,
signed and sealed by a licensed professional engineer, stating that
the steeper slope will have sufficient stability and that risk of
creating a hazard will be slight, must be submitted to the grading
administrator.
(2)
A retaining wall or other approved support designed, signed and sealed
by a licensed professional engineer and approved by the grading administrator
is provided to support the face of excavation.
C.
The bottom edge of final slopes shall be set back a minimum of 10
feet from adjacent property lines, excepting side property lines and
street right-of-way lines, in which case the distance shall be a minimum
of five feet, in order to permit the normal rounding of the edge without
encroaching on the abutting property or street and to allow for location
of proper drainage facilities and protective devices.
D.
Before commencing any excavation which will in any way affect an
adjoining property or structures thereon, the person making the excavation
shall notify, in writing, the owners of the adjacent property or buildings,
not less than 30 calendar days before such excavation is to be made,
that the proposed excavation is to be started. Copies of all such
notices shall be supplied to the grading administrator.
E.
The grading administrator may require an excavation to be made with
a cut slope flatter than those specified above if he finds the material
in which the excavation is to be made is unusually subject to erosion,
or if other conditions exist which, under applicable engineering practice,
make such flatter cut slope necessary for stability and safety.
(1)
Excavations adjacent to any footing, foundation or structure shall
not extend below the minimum angle of repose or natural slope of the
soil under the nearest point of same unless such footing, foundation
or structure is first property underpinned or otherwise protected
against settlement.
Standards for fills shall be as follows, unless otherwise approved
by the Township:
A.
No fill shall be made in the Township which creates a slope steeper
than three horizontal to one vertical. However, the Township, on the
advice and recommendation of a licensed professional engineer, may
impose conditions requiring that a fill he constructed with an exposed
surface flatter than three horizontal to one vertical if the licensed
professional engineer states that, under the particular circumstances
involved, such flatter surface is necessary for stability and for
the safety of persons and property.
B.
Fill slopes which are steeper than those specified above may be allowed
under a grading permit, provided one or both of the following are
satisfied:
(1)
The material of which the fill is made is sufficiently stable to
sustain a slope steeper than the slope specified above for recognized
soil conditions on the site. A written statement addressed to the
Township, signed and sealed by a licensed professional engineer, stating
that the steeper slope will have sufficient stability and that risk
of creating a hazard will be slight, must be submitted to the grading
administrator.
(2)
A retaining wall or other approved support designed, signed and sealed
by a licensed professional engineer and approved by the administrator
is provided to support the face of the fill.
C.
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)
The fill shall be completed within a reasonable length of time as
determined by the Township Engineer and specified on the grading permit.
(2)
Clean soil or earth shall be placed over the top and exposed surfaces
of the fill, including all embankments, planting and seeding areas,
to a minimum depth of six inches to effectively conceal all materials
used in the fill other than clean soil or earth. Prior to spreading
topsoil, the subgrade shall be scarified to a depth of two inches
to facilitate the bonding of the subsoil with the topsoil. 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 lift.
(3)
No fill of any kind shall be placed over topsoil, trees, stumps or
other material which would create a nuisance, potential fire hazard
or sanitary problem such as decomposition which would attract rodents,
termites or other pests.
(4)
Fill areas shall be prepared by removing organic material such as
vegetation and rubbish, and any other material determined by the grading
administrator to prevent proper compaction and stability.
D.
Where fills are located so that earth movement may result in personal
injury or damage to adjacent property, streets, alleys or buildings,
the bearing value and stability of the material under proposed fills
and embankments shall be determined by subsurface investigation performed
by a licensed professional soils engineer.
E.
Rock may be incorporated into fills and embankments but only in layers
as per the latest edition of the Pennsylvania Department of Transportation
(PennDOT) Specifications, Publication 408, with voids filled and a
blanket of compacted fill separating one layer of rock from the next.
Rock fill shall not be placed near the bottom of foundations, building
caissons and subsurface utility installations. Suitable earth shall
be reserved or provided to cover rock fill under proposed seeded or
planted areas.
F.
No unsuitable material, including but not limited to the following:
topsoil, coal, boney, red-dog, expansive shale cinders, wood or soil
waste decomposable material, shall be placed in fill areas.
G.
On major fills or embankments, a toe bench shall be constructed below
the mantle under the toe of fill. A porous drain and a discharge pipe
shall be installed on the bottom and the back wall of the toe bench.
H.
All fills and embankments shall be installed in accordance with the
requirements set forth in the latest edition of the Pennsylvania Department
of Transportation Specifications, Publication 408, and any special
provisions as specified by a licensed professional engineer.
I.
The bottom edge of final slopes shall be set back a minimum of 10
feet from adjacent property lines, excepting side property lines and
street right-of-way lines, in which case the distance shall be a minimum
of five feet, in order to permit the normal rounding of the edge without
encroaching on the abutting property or street and to allow for location
of proper drainage facilities and protective devices.
J.
Pursuant to a determination by the grading administrator that the
nature of a fill or embankment so warrants, a compaction test shall
be required at the end of each lift, prior to the start of the next
lift of material.
K.
Within any identified floodplain area, fill, if permitted, shall:
(1)
Extend laterally at least 15 feet beyond the building line from all
points.
(2)
Consist of soil or small rock materials only. Sanitary landfills
shall not be permitted.
(3)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring or settling.
(4)
Be no steeper than three horizontal to one vertical, unless substantiated
data justifying steeper slopes are submitted to and approved by the
Township Engineer.
(5)
Be used to the extent to which it does not adversely affect adjacent
properties.
(6)
Comply with § 199-58G below.
Standards for retaining walls shall be as follows:
A.
When the natural topographic condition of the property is such that
a cut of two horizontal to one vertical or a three horizontal to one
vertical fill is not feasible, the grading administrator may consider
the submission of a grading plan showing a retaining wall and ground
slope combination that would be acceptable.
B.
Criteria for the acceptance of such a combination shall, at a minimum,
provide the following.
(1)
That the retaining wall(s) not exceed a height of six feet, except
where there is a showing of extraordinary circumstances.
(2)
If the plan incorporates terracing, the gradient of the slope between
retaining walls shall not exceed two horizontal to one vertical and
the horizontal distance between walls shall 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 licensed professional engineer, a similar
design of rock ledge and ground slope combination may be considered
by the grading administrator.
C.
When a retaining wall is constructed to satisfy the requirements
of this article and all other applicable codes (including, but not
limited to the Township Zoning and Building Codes), a building permit
will not be required in addition to the grading permit.
D.
Retaining walls must be designed and constructed in accordance with
sound engineering practice. The plans submitted for approval shall
include a description of proposed backfilling and subterranean drainage
facilities and bear the seal of a licensed professional engineer.
E.
Specifically, where a wall is replacing an exposed slope, the vertical
face of the wall shall be set back a minimum of 10 feet from adjacent
property lines, excepting side property lines and street right-of-way
lines, in which case the distance shall be a minimum of five feet.
(1)
An exception to this requirement may be granted by the grading administrator
upon an application satisfactorily demonstrating that such an exception
is necessary to permit normal use of the property, or other reasonable
consideration.
F.
Where required by the Building Code, guardrails or protective fencing
are required to be installed.
Standards for drainage shall be as follows:
A.
Adequate provisions shall be made to prevent surface water from damaging
the cut face of excavations and/or the sloping surface of fills and/or
adjacent properties. 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.
B.
Drainage ditches shall be constructed prior to clearing or grading
at the toe and top of cut and fill slopes to divert the surface water
to drainage facilities such as storm sewers, street gutters or natural
watersheds during and after construction.
C.
Drainage ditches with a grade of 5% or greater shall be paved with
concrete, bituminous material, brick, half pipe, rubble or other hard
surface material.
D.
The grading administrator may approve methods and materials recommended
by governmental agencies, licensed professional engineers and architects,
when they are more suitable to the site in preventing damage. Private
drainage facilities of any nature shall be at least designed to accommodate
the largest size storm that would occur on the average of every 10
years.
The standards for soil erosion and sedimentation control shall
be as follows: A soil erosion and sedimentation control plan shall
be prepared in accordance with the provisions of Title 25, Environmental
Protection, Chapter 102, Erosion and Sediment Control, and approved
by the Beaver County Conservation District (BCCD) prior to the commencement
of any grading or other regulated earth-disturbance activity, unless
the BCCD determines that said plan is not required and the Township
is in agreement.
The standards for maintenance shall be as follows:
A.
The owner of any property on which an excavation or fill has been
made shall maintain in good condition and repair the excavation or
fill permitted 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.
B.
If, at any time subsequent to the completion of the grading work,
the cut face or fill slope shows evident signs of deterioration, erosion
or other evidence which might be detrimental to the properties above
or below the grading site, the Township, upon the recommendation of
its Engineer, may direct the property owner to take whatever remedial
steps are deemed necessary to restore the grading area to a safe condition
and to do so in a reasonable period of time.
C.
If, after such notification, the property owner has not made the
necessary repairs within the allotted time, the grading administrator
may direct that the required repairs be undertaken, and the cost thereof
shall be borne by the property owner.
General requirements shall be as follows:
A.
The owner of the property being graded shall notify the grading administrator
of the starting date of grading activity no later than 72 hours prior
to the commoncement of grading activity.
B.
The owner of the 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 and restore them to their original condition.
C.
Proposed grading shall be accomplished so that existing stormwater
runoff flows are neither increased from predevelopment rates nor concentrated
at the point of release onto abutting properties.
D.
No encroachment, alteration or improvement of any kind shall be made
to any watercourse until required permits and approvals have been
obtained from the Pennsylvania Department of Environmental Protection
and provided to the Township.
E.
In order to prevent the denuding of the landscape wherever practicable,
large trees and other natural features constituting important physical,
aesthetic and economic assets to existing or impending development
work shall be preserved.
F.
All disturbed soil surfaces shall be stabilized by effective seeding
or other proper means prior to the first day of November of any year
unless, otherwise exempted by the grading administrator. Any resultant
noxious vegetation that results from improper planting or maintenance
of stabilized or partially stabilized soil shall be removed.
G.
Within any special flood hazard areas as defined by the effective
Flood Insurance Rate Map (FIRM) published by the Federal Emergency
Management Agency (FEMA), the following provisions shall apply:
H.
In order to protect hillsides exceeding 25% in slope, no more than
20% by area of the natural vegetative cover may be removed unless
a program approved by the Township for reforestation of disturbed
areas over 20% by area is guaranteed.
I.
Grading and soil excavation are prohibited on any steep slope unless
approved otherwise by the Township.
A.
A stop-work order and site stabilization may be imposed at the Township's
sole discretion.
B.
When written notice of a violation of any of the provisions this
code has been served by the grading administrator on any person, such
violation shall be discontinued immediately.
C.
Any person who shall violate a provision of this article or who shall
fail to comply with any requirement thereof, upon conviction thereof
in an action brought before a District Judge in the manner provided
for the enforcement of summary offenses, shall be sentenced to pay
a fine of not more than $500 plus costs. Each day that a violation
of this article continues or each section of this article which shall
be found to have been violated shall constitute a separate offense.
In case any work is performed by any person in violation of
any of the provisions of this code, the proper officers of the Township,
in addition to the other remedies prescribed by law, may institute,
in the name of the Township, any appropriate legal action or proceedings
to prevent such unlawful work and restrain or abate said violation.
Any applicant may appeal a decision of the grading administrator
to the Township Supervisors no later than 30 days following issuance
of the decision.
This article repeals and replaces in its entirety Ordinance
No. 93 of 2002, Chapter 95, Erosion and Sediment Control.
