[HISTORY: Adopted by the Board of Supervisors of the Township
of Brighton 4-11-2016 by Ord. No.
200. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Grading
Ordinance of the Township of Brighton."
The purpose of this chapter 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, by regulating
and controlling the design, construction, quality of materials, use,
location, and maintenance of grading, excavation, and fill.
As used in this chapter, the following terms shall have the
meanings indicated:
A landowner or developer who has filed an application for
a grading permit, including his heirs, successors, and assigns.
Natural rock layer, hard or soft, at ground surface or beneath
unconsolidated surficial deposits.
Activities, facilities, designs, measures, or procedures
used to manage stormwater impacts from regulated activities, to meet
state water quality requirements, to promote groundwater recharge,
and to otherwise meet the purposes of this chapter. Stormwater BMPs
are commonly grouped into one of two broad categories or measures:
"structural" or "nonstructural." In this chapter, nonstructural BMPs
or measures refer to operational and/or behavior-related practices
that attempt to minimize the contact of pollutants with stormwater
runoff, whereas structural BMPs or measures are those that consist
of a physical device or practice that is installed to capture and
treat stormwater runoff. Structural BMPs include, but are not limited
to, a wide variety of practices and devices, from large-scale retention
ponds and constructed wetlands, to small-scale underground treatment
systems, infiltration facilities, filter strips, low-impact design,
bioretention, wet ponds, permeable paving, grassed swales, riparian
or forested buffers, sand filters, detention basins, and manufactured
devices. Structural stormwater BMPs are permanent appurtenances to
the project site.
Anything constructed or erected with a fixed or permanent
location on the ground or attached to something having a fixed location
on the ground, including but not limited to mobile or modular homes,
signs, billboards, barn, silos, stables and sheds.
A valid permit issued by the Township pursuant to the Construction Code (Chapter 85) for the construction, erection, or alteration of a structure or building.
The clearing, grubbing, scalping, removal of tree or stumps,
and removing and disposing of all vegetation and debris within the
site, including the conditions resulting therefrom.
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.
Loose refuse, rock, mud, or earth material not suitable for
use as presently situated or constituted, as determined by the Township
grading administrator. See also "waste."
A construction or other human activity which disturbs the
surface of the land, including, but not limited to: clearing and grubbing;
grading; excavations; embankments; road maintenance; building construction;
and the moving, depositing, stockpiling, or storing of soil, rock,
or earth materials.
The detachment and movement of soil or rock fragments or
the wearing away of the surface by water, wind, ice, or gravity, including
such processes as gravitational creep.
A plan for a project site which identifies BMPs to minimize
accelerated erosion and sedimentation.
Any act by which earth, soil, sand, rock, or other natural
mineral material is dug, removed, displaced, or otherwise relocated,
and shall include conditions resulting therefrom.
Any act by which earth is accumulated, dumped, transported,
or removed to a new location and shall include the condition resulting
therefrom.
The elevation of the existing ground surface at the location
of any proposed excavation or fill.
The act of altering the elevation or slope of the existing
ground surface by excavation or fill material and shall include the
conditions resulting therefrom.
The Township Manager of the Township of Brighton or his designated
representative.
Any permit required under the provisions of this chapter
as a result of or in anticipation of excavation, fill, or grading
activities.
The plan of proposed grading which contains all of the information
required by this chapter for approval of a grading permit.
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 legal or beneficial owner or owners of a lot or parcel
of land, including the holder of an option or contract to purchase
(whether or not such option or contract is subject to any conditions),
a lessee (if he authorized under the lease to exercise the rights
of the landowner), or other persons having a proprietary interest
in the lot.
A source of earth fill material used in the construction
of embankments or other earth fill structures that is located on another
parcel of property other than where the principal construction is
occurring.
An area on another parcel of property, other than where the
principal construction is occurring, where excess earth, rock or construction
material is disposed of.
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 chapter.
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.
A person licensed or otherwise authorized by the Commonwealth
of Pennsylvania as a landscape architect.
A person licensed or otherwise authorized by the Commonwealth
of Pennsylvania as a surveyor.
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 chapter, and which is more than
four feet in height, as measured on the exposed vertical surface of
the wall.
The state of grading which approximates the finished grade
in a plan of grading.
The process by which soil or other surface material is accumulated
or deposited by water, wind, or gravity.
A lot, tract, or parcel of land or a series of contiguous
lots, tracts, or parcels of land upon which excavation, fill, or grading
work is performed concurrently or in connection with a single plan
of construction or development.
That ratio formed by the horizontal over the vertical difference
of position and where the vertical difference is usually expressed
as one.
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.
A report, prepared by a registered 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.
Where, in a one-hundred-foot horizontal distance, the slope
exceeds 40%.
Any activity which removes or significantly disturbs the
vegetative surface cover.
All parts or any combination of material that is an unintended
byproduct of a manufacturing process and/or that is intended to be
or has been discarded. Examples of waste for the purposes of this
chapter include, but are not limited to: ashes, garbage, refuse, radioactive
material, demolition materials, and industrial waste such as food
processing wastes, wood, plastic, metal scrap, or any similar materials.
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, drainage way, 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.
Any activity authorized under a grading permit, including
but not limited to clearing, construction, grading, and stripping.
For the purpose of this chapter, certain terms and words used
herein shall be interpreted or defined as follows:
A.
Words used in the present tense shall include the future.
B.
Words used in the singular number shall include plural.
C.
Words used in the plural number shall include the singular.
D.
The word "person" includes a corporation as well as an individual,
or an association of individuals.
E.
The words "shall" and "will" are always mandatory.
F.
The word "may" is permissive when approved as a variance.
No person shall commence or perform any grading, excavation,
landfill, or off-site spoil area and off-site borrow area operations
without first having obtained a grading permit from the Township.
A separate grading permit shall be required for each individual site
where excavation, fill, or grading work is to be performed, as follows:
A.
All site grading, excavations, and/or landfill or off-site spoil area and off-site borrow area operations will require a permit unless an exception is granted based on those conditions of § 104-6, Exceptions. One permit will cover the grading, excavation, and any fill made on the same site.
B.
All large contiguous parcels of land under one ownership for a major plan development such as a planned residential development will require only one permit unless an exception is granted based on the conditions of § 104-6, Exceptions.
C.
Where grading, excavation, or filling, except for the basement, will
result in the movement of more than 100 cubic yards of excavation
or create a slope having a height of more than four feet or a slope
exceeding one vertical to three horizontal on a lot, then a grading
permit shall be required in addition to the building permit.
D.
Off-site spoil areas require a permit whenever the source of the
materials requires a permit.
E.
Off-site borrow areas require a permit whenever the developed site
requires a permit.
A grading permit will not be required, however, in any one of
the following situations, but in all other respects, the provisions
of this chapter shall apply.
A.
An excavation 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 excavation do not have slope at any point steeper
than three 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 steeper than three
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, and an excavation of 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.
D.
Soil excavated under the authorization of a properly issued building
permit from the Township, which is stockpiled on the same site as
the excavation.
E.
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.
F.
Where residential construction for a single-family house will result
in an excavation or fill, other than for a foundation, less than 100
cubic yards or will not create a slope exceeding three horizontal
to one vertical, then a grading permit will not be required in addition
to the building permit.
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
a 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 lot,
block, tract, street address, or similar description that will readily
identify and definitively locate the proposed work.
B.
State the estimated dates for the start and completion of site grading
work.
C.
State the purpose for which the site 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 Codes[1]) is intended to be erected on the land on which the site
grading is to be done.
E.
Include plans and specifications prepared, signed, and sealed by
a professional engineer, surveyor, geologist, architect, or landscape
architect, and shall accurately portray and describe the site and
proposed soil erosion controls, if any. Plans shall be submitted in
triplicate, one set of which shall be of a reproducible nature, and
shall include:
(1)
The name of the applicant.
(2)
The name of the landowner.
(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 existing condition plot plan giving an accurate location by lot,
block, tract, or street address, which also includes a location map,
sanitary sewers, storm sewers, septic systems, springs, wells, wetlands,
drainage maps, underground utilities, and overhead utilities.
(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)
The 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 not be 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 similar methods.
(9)
The details and location of any proposed drainage, structures and
pipes, and walls and cribbing.
(10)
A map that shows the seeding locations and schedules, debris
basins, and diversion channels.
(11)
An approved soil conservation report from the Beaver County
Conservation District.
(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 registered professional engineer, geologist, architect, or landscape 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 chapter and the requirements of Chapter 100 of this Code, Floodplain Management. Such statement shall include a description of the type and extent of measure that have been incorporated into the design of the grading, excavation, or fill.
G.
All earth disturbance activities greater than 20 cubic yards require
a geotechnical report, including a detailed on-site subsurface investigation
prepared to the satisfaction of the grading administrator, signed
and sealed by a registered professional engineer licensed in the Commonwealth
of Pennsylvania and experienced in geological sciences and erosion
control. The professional shall certify that he has inspected the
site and reviewed the subsurface investigation data. The professional
shall provide a statement and certification that it is his professional
opinion that the proposed slope will have sufficient stability and
that the construction will not result in injury to persons, adjacent
property, utilities, streets, alleys, or structures or, when complete
and stabilized, be subject to accelerated erosion. The report shall
include specific findings and recommendations including, but not limited
to, core boring methods of construction, benching, minimum compaction
rates, surface and subsurface drainage and erosion control measures.
During construction, the geotechnical engineer shall be required to
conduct site inspections, conduct or observe compaction tests, and
otherwise attempt to ensure that the construction is proceeding in
accordance with his/her recommendations and good engineering and construction
practices. At the conclusion of construction, and prior to release
of the bond or financial security provided in connection with the
permit, the geotechnical engineer shall provide a written report including
compaction test results and a signed and sealed certification stating
that he has inspected the construction of the fill slope(s) and that
it is his professional opinion that the slope(s) was/were constructed
in accordance with his recommendations and sound engineering and construction
practices.
The responsibilities of the grading administrator shall be as
follows:
A.
Where due to special circumstances and conditions, compliance with
the provisions of this chapter would result in unnecessary hardship,
the grading administrator may make reasonable exceptions thereto,
upon recommendation from the Township Engineer, as will not be contrary
to the public interest, and may impose such conditions as it deems
necessary to adequately protect the public interest.
A.
Unless otherwise provided by Pennsylvania law, every grading permit
shall automatically expire and become null and void if the work authorized
by such permit has not been commenced with six months or is not completed
within one year 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. The applicant must file an application for an extension of time
before the date of expiration of the grading permit.
B.
Any physical changes from the original plan uncovered on the site
during 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.
C.
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 permit
shall be denied. In determining whether the proposed work is likely
to endanger properties 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.
Before issuing a grading permit, the grading administrator shall
collect a permit fee from the applicant in accordance with the following
provisions:
A.
Application fees and deposits. The Board of Supervisors shall establish
from time to time, by resolution, fees and deposits to be paid by
the applicant at the time of filing the relevant application under
this chapter.
B.
Posting of security. Before issuance of a grading permit, the applicant shall post all necessary security in accordance with the requirements set forth in § 104-11 of this chapter.
C.
Review fees and expenses. The applicant shall reimburse the Township
for all fees and expenses incurred by the Township related to an application
and/or grading permit under this chapter, including, but not limited
to, the reasonable and necessary charges of the Township's professional
consultants, the Township Engineer, and the Township Solicitor for
review and report on an application and/or grading permit under this
chapter and the inspection of improvements and/or work related thereto.
D.
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.
E.
An administrative fee of 5% on all services provided to the Township
by professional consultants shall be deducted from the deposit as
invoices are received. Any professional consultants' fees shall
be deducted from the deposit as invoices are received.
Security shall be provided as follows:
A.
As a condition of grading permit approval for projects having an
estimated cost of $25,000 or more, the applicant shall post 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 chapter and shall be determined by the Township
Engineer.
B.
As a condition of grading permit approval for projects having an
estimated cost to perform the work of less than $25,000, security
in the amount of 50% of the cost estimate as determined by the Township
Engineer shall be provided.
C.
No security shall be required if security is posted for construction
and/or site improvements which already covers the cost of grading
and other control facilities.
A.
The grading administrator may attach conditions to a grading permit
as reasonably necessary to prevent danger to property, including any
sewer, street, storm drain, or watercourse, or to prevent work from
being conducted in a manner hazardous to life or property, or in a
manner likely to create a nuisance. No grading permit shall be issued
until all necessary plans and a cost estimate are approved by the
Township Engineer and the applicant certifies that all work shall
be performed pursuant to the approved plans, specifications, and schedule.
B.
If the application conforms substantially to the requirements of
this chapter, the grading administrator shall approve the application
and issue a grading permit to the applicant without unreasonable delay.
C.
After the actual work begins, the grading administrator or the Township
Engineer may require additional or revised controls from time to time
in the event the grading administrator and/or Township Engineer determines
that the originally approved controls are inadequate.
D.
Permits issued pursuant to this chapter do not relieve the applicant
of the responsibility of securing any and all necessary permits and
approvals as required by any other applicable code, ordinance, or
regulatory agency.
A.
The grading administrator and/or Township Engineer shall make the
inspections required under this chapter. Following inspection, the
grading administrator shall approve any portion of the work that has
been completed and notify the permit holder of any portion of the
work that fails to comply with the provisions of this chapter. Where
it is found by inspection that the soil or other conditions are not
stated or shown in the application, the grading administrator may
refuse to approve further work and stop work on the site immediately
until the Township approves a revised grading plan conforming to existing
conditions.
B.
All plans for grading work bearing the approval of the Township Engineer
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 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 that 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
other structural supporting walls (e.g., 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 and other structures, has been completed.
A.
Whenever the grading administrator determines that any existing excavation,
retaining wall, embankment, or fill has become a hazard, the owner
of the property upon which the excavation, retaining wall, embankment,
or fill is located, or another person or agent in control of said
property shall, upon receipt of notice, in writing, from the grading
administrator and within the reasonable period specified therein,
repair, reconstruct, or remove such excavation, retaining wall, embankment,
or fill so as to eliminate the hazard. In addition, the Township may
require as a condition of allowing the work to be done that 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.
B.
If, after such notification, the property owner or other person has
not made the necessary repairs within the time requested, then the
Township may make the required repairs and the cost thereof shall
be borne by the property owner by a lien or judgment obtained as provided
by law.
The following general working conditions will apply to all grading
sites.
A.
Dust control. During grading operations, excavating, stockpiling,
filling and at dump sites, waste areas and off-site spoil areas and
off-site borrow areas, necessary measures for dust control shall be
exercised, which shall include spraying of water, both temporary and
permanent, seeding, mulching, and fertilizing of areas, or the application
of other dust-control agents.
B.
Maintenance. During any grading operations, excavating, stockpiling,
filling and at dump sites, waste areas, and off-site spoil areas and
off-site borrow areas, should none of the above-mentioned work be
performed within any six-month period of time, the permittee shall
be responsible to seed, mulch, and fertilize all disturbed areas so
as to establish venation and prevent problems with dust control and
to reduce erosion and sedimentation from occurring.
C.
Cleanup. All soil washed or carried onto public streets during grading
operation shall be cleaned up each day. Temporary driveway or road
surfaces shall be provided as soon as possible. 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 to restore
the property to original condition.
D.
Permit hours. The operation of heavy construction or excavation machinery,
including but not limited to bulldozers, high lifts, backhoes, trucks,
power shovels, pump and jackhammers, and the operation of equipment,
such as saws and drills or any other type of machinery used outside
of 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 be prohibited
in the entire Township between the hours of 8:00 p.m. and 7:00 a.m.,
Monday through Saturday, and all day Sunday and on holidays.
E.
PA One Call. The permittee shall place and keep current a Pennsylvania
One Call telephone number for the work being performed at any time
during the permittee work. The One Call serial number shall be kept
at the work site so that it may be verified by the grading administrator.
F.
Burning. The burning of grass areas, brush piles or any other vegetation
or material for the purpose of clearing land shall be prohibited.
Standards for excavations shall be as follows:
A.
Maximum slope steepness of a cut shall be three horizontal to one
vertical for minimizing erosion and landslide hazards. However, upon
a determination by a governmental review agency or a registered 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 registered professional engineer. A
document signed and sealed by said engineer shall be forwarded to
the Township prior to approval of the grading permit. Soil survey
map symbols for landslide-prone soils are:
B.
Cut slopes which are steeper than those specified above may be allowed
under a grading permit, provided one or both of the following is 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
soils conditions on the site. A written statement supported by a geotechnical
investigation report, signed and sealed by a registered 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 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 six
feet from adjacent property lines, except for side property lines
and street right-of-way lines, in which case the distance shall be
a minimum of three 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 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. 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, foundations, or structure
is first properly underpinned or otherwise protected against settlement.
F.
All excavations shall have a ten-foot-wide bench every 20 feet in
elevation. This bench shall be placed in order to prevent loose rock
and soil from moving down the cut slope and to control rainfall runoff.
The bench shall be sloped so that rainfall runoff is collected and
conveyed safely off the slope so that there is no rainfall runoff
being conveyed down the slope from one bench to another. At the top
of the slope a drainage swale shall be graded so as to prevent the
flow of rainfall runoff from being conveyed down the cut slope.
Standards for fills shall be as follows:
A.
No fill shall be made in the Township which creates a slope steeper
than three horizontal to one vertical. However, the grading administrator,
on the advice and recommendation of a registered professional engineer,
may impose conditions requiring that a fill be constructed with an
exposed surface flatter than three horizontal to one vertical if the
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.
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 areas, 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 filing 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 that would create a nuisance, potential fire hazard,
or sanitary problem such as decomposition that 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 that could prevent proper compaction and stability.
C.
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 professional engineer.
D.
Rock may be incorporated into fills and embankments but only in maximum
layers 24 inches thick, 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, or subsurface utility
installations. Suitable earth shall be reserved or provided to cover
rock fill under proposed seeded or planted areas.
E.
No unsuitable material (including but not limited to the following:
coal, bony, red-dog, expansive shale cinders, wood, or soil waste
decomposable material) shall be placed in fill areas.
F.
On major fills or embankments, a toe bench shall be located and constructed
below the mantle and under the toe of the embankment. A porous drain
and a discharge pipe shall be installed on the bottom and the back
wall of the toe bench.
G.
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 registered professional engineer.
H.
The bottom edge of final slopes shall be set back a minimum of six
feet from adjacent property lines, except for side property lines
and street right-of-way lines, in which case the distance shall be
a minimum of three 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.
I.
Pursuant to a determination by the grading administrator, if the
nature of a fill or embankment so warrants, a compaction test shall
be required at the end of each eight-inch lift, prior to the start
of the next lift of material. The grading administrator may require
the applicant to provide certifications of compliance with the recommendations
of the geotechnical report for placement of fill by the applicant's
third-party geotechnical consultants prior to release of performance
security.
J.
All fills shall have a ten-foot-wide bench every 20 feet in elevation.
This bench shall be placed in order to prevent loose rock and soil
from moving down the cut slope to control rainfall runoff. The bench
shall be sloped so that rainfall runoff is collected and conveyed
safely off the slope so that there is no rainfall being conveyed down
the slope from one bench to another. At the top of the slope a drainage
swale shall be graded so as to prevent the flow rainfall runoff from
being conveyed down the cut slope;
K.
Within any identified floodplain area, fill, if used, 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 only to the extent that it does not adversely affect adjacent
properties.
Standards for retaining walls shall be as follows:
A.
When the topography and natural condition of the property is such
that a ground slope of three horizontal to one vertical 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 aesthetically acceptable, provided the following conditions are
met.
(1)
If the plan incorporates terracing, the gradient of the slope between
retaining walls shall not exceed three horizontal to one vertical,
and the horizontal distance between walls shall be at least equal
to the height of the retaining wall.
(2)
Where a stable natural rock ledge is existing, as established by
a written statement from a registered professional engineer, a similar
design of rock ledge and ground slope combination may be considered
by the grading administrator.
B.
When a retaining wall is constructed to satisfy the requirements
of this chapter and all other applicable codes (including, but not
limited to, the Township Zoning and Building Codes[1]), a building permit will not be required in addition to
the grading permit.
C.
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 professional engineer.
D.
Specifically, where a wall is replacing an exposed slope, the vertical
face of the wall shall be set back a minimum of six feet from adjacent
property lines, except for side property lines and street right-of-way
lines, in which case the distance shall be a minimum of three feet.
An exception to this requirement may be granted by the grading administrator
upon an application satisfactory demonstrating that such an exception
is necessary to permit normal use of the property, that is, for a
sideline driveway, or other reasonable consideration.
E.
Guide rails or protective fencing that meets the requirements of the Township Zoning Ordinance, Chapter 195, are required to be installed where retaining wall heights are four feet and higher.
F.
High walls. A high-wall condition shall be defined to any side of
an excavation in which the temporary or permanent slope of the excavation
exceeds the slope of 1:1. Should a high wall be present exceeding
five feet measured from the bottom of the excavation to the top of
the excavation, the permittee shall be required to place a protective
fence of at least four feet in height at the top of the high wall
at a distance of no less than five feet measured horizontally from
the top of the high wall. The protective fence shall be of sufficient
quality and construction as determined by the grading administrator
so as to adequately keep children, animals, or persons from approaching
the high wall and falling over it. The application of either shotcrete,
gunite, or concrete as a final treatment of exposed cut slope exceeding
one horizontal to one vertical shall be prohibited.
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 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, rip rap or
other hard surface material.
D.
The grading administrator may approve methods and materials recommended
by governmental agencies and professional engineers 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.
An erosion and sedimentation control plan shall be prepared in accordance
with the provisions of Pennsylvania Title 25, Environmental Resources,
Chapter 102, Erosion and Sediment Control, as amended, prior to commencement
of any grading or other earth disturbance activity. For all applications
proposing an earth disturbance of 5,000 square feet or greater, documentation
that the erosion and sedimentation control plan has been reviewed
and deemed adequate by the Beaver County Conservation District (BCCD)
must be provided prior to issuance of the grading permit. Documentation
of issuance of a National Pollutant Discharge Elimination System (NPDES)
permit for stormwater discharges associated with construction activities
must be provided for all applications proposing earth disturbances
of one acre or greater.
B.
The permittee shall be responsible for the installation, maintenance,
and, if deemed necessary by the grading administrator, the replacement
of BMPs to control erosion and sedimentation at all times. This shall
include the placement of silt fences, sedimentation basins, permanent
and temporary rock-lined ditches, and piping so as to prevent sedimentation
from occurring and leaving the work site.
C.
Individual on-lot controls. Individual on-lot controls shall be used
for all lots in residential developments that do not otherwise discharge
to a designed sediment trap or sediment basin.
D.
Rock construction entrance. All individual residential lot development
shall employ a rock construction entrance for vehicular access to
the lot from paved roadways. The construction entrance shall be installed
in accordance with details provided in the most recent version of
the PA DEP Erosion and Sediment Pollution Control Program Manual.
E.
Slope stabilization. All cut or fill slopes that exceed 10 feet in
vertical height and a 3:1 (horizontal: vertical) slope shall be stabilized
with an erosion control blanket to prevent slope erosion and promote
seed growth in accordance with the most recent version of the PA DEP
Erosion and Sediment Pollution Control Program Manual requirements.
A detail shall be included with the plans specifying the type of blanket
and installation procedures.
F.
Energy dissipaters. All energy dissipaters such as riprap aprons,
plunge basins, etc., shall be designed based on outlet velocities
associated with the design storm for the subject outfall pipe.
The standards for maintenance shall be as follows:
A.
The owner of any property on which an excavation or fill has been
done pursuant to a grading permit 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 any other protective devices as may be a part
of the permit requirements. Such repair, restoration, and maintenance
shall be in accordance with the approved plans, specifications, and
grading permit as required by this chapter.
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 grading administrator, upon the recommendation
of its engineer, may direct the property owner to take whatever necessary
remedial steps 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 period, 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 24 hours prior
to the commencement of grading activity.
B.
The top or bottom edge of slopes shall be set back an appropriate
distance, as established by the provisions of this chapter, from adjacent
property lines or street right-of-way lines in order to permit the
normal rounding of the edge without encroaching on the abutting property
or street.
C.
The owner of the property being graded shall be responsible to protect
and clean up lower properties of silt and debris that have washed
down onto the lower properties as a result of the grading work on
the higher property and restore to original condition.
D.
Proposed grading shall be accomplished so that existing stormwater
runoff flow are neither increased from predevelopment rates nor concentrated
at the point of release onto abutting properties.
E.
Screening, buffering, and landscaping shall be provided for all grading
activities as follows:
(1)
In a land development, bufferyards shall be provided as required by the Township Zoning Ordinance, Chapter 195. Existing vegetation, such as trees, bushes and shrubs, shall remain undisturbed. If none exist or existing vegetation is ineffective or not hardy, natural screening shall be provided consisting of trees, bushes or shrubs at least six feet in height, planted in the buffer area in accordance with a plan to be approved by the Township.
(2)
For all other grading activities, natural screening must be provided
between the proposed area to be graded and the adjacent property line,
consisting of trees, bushes, or shrubs at least six feet in height.
F.
No grading, clear-cutting, or denuding of the landscape shall be
permitted on property zoned SC-1, Special Conservation District, unless
zoning approval for development in accordance with the Township Code
has been obtained.
G.
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse until all adjacent municipalities which may
be affected by such action have been notified by the Township and
until all required permits and approvals have been obtained from the
Pennsylvania Department of Environmental Protection, Bureau of Dams
and Waterways Management.
H.
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 so preserved.
I.
All distributed soil surfaces shall be stabilized by effective seeding
or other proper means prior to the first day of November of any year.
Any resultant noxious vegetation that results from improper planting
or maintenance of stabilized or partially stabilized soil shall be
removed.
J.
Within any Special Flood Hazard Areas (SFHAs) as delineated in Floodplain Management, Chapter 100, the following provisions shall apply:
(1)
Any new grading, excavation, or filling that would cause any increases
in flood heights shall be prohibited.
(2)
No new grading, excavation, or filling shall be allowed, unless a
permit is obtained from the Pennsylvania Department of Environmental
Protection, Bureau of Dams and Waterways Management.
K.
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 restoration of disturbed areas
over 20% by area is guaranteed.
L.
Grading and soil excavation are prohibited on any steep slope.
A.
All areas proposed to be used for excavation, loading, and hauling
of the excavated material to another site for disposal and filling
shall require a permit as per the requirements of this chapter.
B.
All areas proposed to be used for placement of excessive excavate
material, stockpiles, filling, dumping of excavate material, or storing
of any material shall require a permit as per the requirements of
this chapter.
A.
All on-site trench excavation made for the installation, repair,
or replacement of utility lines, storm sewers, underdrains, service
lines, sanitary sewers, water lines, and sewage disposal systems shall
be excavated, backfilled, and maintained in accordance with this chapter
and the grading permit.
B.
All off-site trench excavation made for the installation, repair,
or replacement of utility lines, storm sewers, underdrains, service
lines, sanitary sewer lines, and water lines shall be excavated, backfilled,
and maintained in accordance with the highway occupancy permit requirements
of the owner of the public highway and the owner of the utility. No
separate grading permit will be required for off-site trenching.
C.
All trenches shall be excavated in accordance with the requirements
of the Occupational Safety and Health Administration (OSHA).
D.
All trenches shall be covered with a suitable steel plate, be protected
with an approved fence, or completely backfilled at the end of each
day or any time when no work is being performed.
The permittee shall be responsible to fine grade, respread topsoil,
seed, fertilize, and mulch all disturbed areas so as to establish
a suitable ground cover adequate to eliminate erosion and prevent
dust; all in accordance with this chapter, NPDES permit, and the Beaver
County Conservation District requirements.
Neither the issuance of this grading permit, nor compliance
with this chapter or any conditions imposed by the grading administrator,
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.
A.
When written notice of any of the provisions of this chapter has
been served by the grading administrator on any person, such violation
shall be discontinued immediately or within a reasonable time period
specified in such notice. If the violation is not discontinued, or
extends beyond the specified time limit, the grading administrator
shall revoke the grading permit, and the violator is subject to fine.
B.
Any person, firm, or corporation who shall violate any provision
of this chapter, or fails to comply therewith, or with any of the
requirements thereof, upon conviction thereof in an action brought
before a magisterial district judge in the manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure, shall be sentenced to pay a fine of not less than $300
nor more than $1,000, plus costs, including reasonable attorney fees
incurred by the Township, and, in default of payment of said fine
and costs, to a term of imprisonment to the extent permitted by law
for the punishment of summary offenses. A separate offense shall arise
for each day or portion thereof in which a violation of this chapter
is found to exist and for each section of this chapter found to have
been violated. The Township may also commence appropriate actions
in equity or other to prevent, restrain, correct, enjoin, or abate
violations of this chapter. All fines and penalties collected for
violations of this chapter shall be paid to the Township. The initial
determination of ordinance violation is hereby delegated to the Township
Manager, the Police Department, the grading administrator, and to
any other officer or agent that the Township Manager or Board of Supervisors
shall deem appropriate.
C.
In addition, the Township, through its Solicitor, may institute injunctive,
mandamus, or any other appropriate action or proceeding at law or
in equity for the enforcement of this chapter. Any court of competent
jurisdiction shall have the right to issue restraining orders, temporary
or permanent injunctions, mandamus, or other appropriate forms of
remedy or relief.
A.
Any applicant or person aggrieved by a decision of the grading administrator and/or the Township or a notice or order issued under this chapter shall have the right of appeal to the Township Board of Appeals established by Chapter 85, Construction Codes, Uniform, provided that a written application for an appeal is filed within 10 days after receipt of said decision, notice, or order, along with payment of an appeal hearing fee in an amount set from time to time by resolution of the Board of Supervisors. An application for appeal shall be based on a claim that the true intent of this chapter or the rules legally adopted hereunder has been incorrectly interpreted, or the provisions of this chapter do not fully apply. All appeals before the Township Board of Appeals under this chapter shall proceed under the regulations and procedures established in the Chapter 85, Constructor Codes, Uniform, of the Township Code.
B.
All appeals from decisions of the Township Board of Appeals rendered
pursuant to this section shall be taken to the Court of Common Pleas
of Beaver County and shall be filed within 30 days after entry of
the decision as provided in 42 Pa.C.S.A. § 5572 (relating
to time of entry of order).
