[Ord. 689, 3/23/2016]
1. 
Every applicant for a grading permit shall file a written application with the administrator upon forms furnished by the Township. The application must be signed by the owner of the property or an authorized agent of the owner. The application shall include the following information at a minimum:
A. 
A description of the land on which the proposed work is to be done, by lot, block, tract, or street address, or similar description which will readily identify and locate the proposed work.
B. 
The name and address of the applicant.
C. 
The name and address of the owner of the land.
D. 
The written permission and approval of the owner of the property, if the applicant is an agent of the landowner, by affidavit.
E. 
The estimated dates of the starting and completion of the grading work.
F. 
The purpose for which the grading application is filed.
G. 
Whether or not a building, structure or other improvement, the construction of which will require a building permit, is intended to be erected on the land on which the grading is to be done.
2. 
A separate application shall be required for each site.
3. 
No permit shall be transferable without the written consent of the administrator.
4. 
No grading permit shall be issued for work related to construction or development not permitted by Chapter 27, Zoning, or Chapter 22, Subdivision and Land Development.
5. 
The plans shall accurately portray and describe the site and proposed soil erosion controls. All plans submitted shall be signed and sealed by an architect, engineer, geotechnical engineer, or landscape architect. Three copies of the plans shall be submitted, one set of which shall be of a reproducible nature, and shall include the following at a minimum:
A. 
Accurate location by lot, block, tract, street address, a location map or other similar information.
B. 
The boundaries of any minimally steep slopes, somewhat steep slopes, moderately steep slopes, significantly steep slopes, exceedingly steep slopes, landslide-prone areas, subsidence-prone areas, and geologic hazard areas found to exist from a field investigation.
C. 
A contour map showing the present contours of the land and the proposed contours of the land after completion of the proposed grading, at a scale not smaller than 50 feet to one inch and at a contour interval of not greater than two feet. The contours must be developed from an on-site topographic survey or controlled aerial photography. Five-foot contours may be used in areas of more than 50% slopes.
D. 
Cross sections of the proposed cut and/or fill at fifty-foot intervals that show the method of benching, both cut and/or fill; provided, however, there shall not be less than two cross sections.
E. 
A plot plan showing the location of grading boundaries, lot lines, acreage, streets and rights-of-way, buildings, structures, surface and subsurface utilities and waterways, easements, existing drainage patterns, type of ground cover, individual specimen trees over four inches in diameter, wooded areas, any other significant natural features, and sufficient dimensions and other data to show the location of all work.
F. 
A description of the type and classification of the soil from the Soil Survey of Allegheny County (USDA – Soil Conservation Service) and/or, at the discretion of the administrator, from an on-site investigation or from other methods.
G. 
Details and location of proposed drainage structures, drainage patterns, stormwater management facilities and pipes, walls, and cribbing erosion and sediment control measures, vegetative practices or other protective devices to be constructed in connection with or part of the proposed work.
H. 
Seeding locations and schedules, location of basins, diversion channels and sedimentation traps.
I. 
Details of bridges and/or culverts required to cross over watercourses, details of paving, nature of fill material and such other information as the administrator may require, including, but not limited to, the following:
(1) 
Storm drainage computations and studies.
(2) 
Field investigation reports indicating the nature, condition and characteristics of existing drainage and flooding conditions.
(3) 
Results from actual soil investigations, reports or test borings.
J. 
The name and seal of the registered professional who prepared the plan, the name of the applicant, and the name of the owner of the land.
K. 
Provisions for erosion control during construction (temporary) and during the life of the facility (permanent). The provision shall include a timing schedule and sequence of operations indicating the anticipated start and completion dates. Proof of review by the Allegheny County Conservation District if the disturbed area is greater than 5,000 square feet.
6. 
The top or bottom edge of excavations and fills shall be kept back from property lines or right-of-way lines of streets at least five feet plus 1/5 the depth or height of the cut or fill to permit the normal rounding of the edge without encroaching on the abutting property. In situations where there is an existing dwelling or building on the abutting property, the top edge of the excavation or bottom edge of the fill shall be at least 50 feet from the existing dwelling or building. The top or bottom edge of excavation and fills shall be at least 25 feet from the nearest bank of any stream or body of water. A temporary fence not less than four feet in height and approved by the administrator shall be placed at the top of all cuts or fills and slopes in excess of 1 1/2 horizontal to one vertical, prior to excavation. Upon completion of grading, a permanent fence not less than four feet in height and meeting Township fence requirements shall be placed at the top of all such cuts or fills and slopes.
7. 
An erosion and sedimentation control plan and report in accordance with the Pennsylvania Department of Environmental Protection standards shall be required and include existing site description of the topography, drainage, cover and soils, major problems such as soil limitations, erosion and sediment potential and surface runoff changes, and recommendations to minimize soil limitations, erosion and sediment, and surface water disposal problems.
8. 
Trees and natural ground cover shall be retained wherever possible to minimize the impact of the development on the site and environment. 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 suburban development shall be preserved. The administrator may require a tree survey identifying significant clusters of trees and/or vegetation.
[Ord. 689, 3/23/2016]
At the time of application, the applicant shall pay the permit fee as established from time to time by the Township by resolution.
[Ord. 689, 3/23/2016]
1. 
Fees for review of grading permit applications and inspections shall be in accordance with the schedule established by resolution of the Collier Township Commission as enacted or amended by the Township Commission from time to time.
2. 
The grading permit review fees paid by the applicant to the Township shall be placed in an escrow account by the Township and drawn against to cover the Township's cost of reviewing the application and inspections of the grading.
3. 
Any additional charges incurred by the Township to review the application for a grading permit shall be borne by the applicant. Any application fees not expended by the Township shall be returned to the applicant within a reasonable period of time.
4. 
Upon filing an application, the applicant must agree, in writing, to pay costs actually incurred by the Township, regardless of whether the related grading work is ever initiated or completed.
[Ord. 689, 3/23/2016]
1. 
If work proposed in an application requires the use or occupancy of Township roads or streets for access by heavy construction equipment or for hauling of spoil or borrow material, a separate bond shall be required to guarantee the repair and or replacement, determined by the administrator, of pavements, curbs and sidewalks damaged during the grading operation.
2. 
As a condition of consideration of a grading permit application under this chapter, the applicant shall provide the Township with a cash bond, a letter of credit, or furnish other security acceptable to the Township, in the amount of 110% of the estimated cost to perform the 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 prepared and certified by the applicant's engineer or architect and must be accepted as reasonable by the administrator. The administrator shall be the final arbiter as to the reasonableness of any cost estimates.
3. 
Upon completion of the grading under a grading permit, a maintenance bond in amount of 15% of the estimated cost to perform the work shall be posted (payable to the Township) for a period of 18 months from the date of the certificate of completion.
4. 
No security under this section shall be required if another letter of credit or approved security is posted for construction and/or site improvements which includes the cost of grading and other control features.
[Ord. 689, 3/23/2016]
1. 
If an application for a grading permit does not conform to the requirements of this chapter, the administrator shall deny the application in writing, setting forth the basis for the denial. The administrator shall forward the written denial to the applicant without unreasonable delay.
2. 
Where, in the opinion of the administrator, the work as proposed by the applicant is likely to endanger any person, property, or any street or way, he shall deny the grading permit. In determining whether the proposed work is likely to endanger property, or streets, or alleys, or streams, or create hazardous conditions or damage the ecology of the area, the administrator shall give consideration to, but shall not be limited to, possible saturation by rains, earth movement, runoff of surface waters and subsurface conditions such as the stratification and faulting of rock, and the nature and type of the soil, rock or other minerals.
[Ord. 689, 3/23/2016]
1. 
Following review of an application in accordance with this chapter, the administrator may issue the grading permit without conditions, issue the permit with conditions, or deny the application. No grading permit shall be issued until grading plans, erosion and sediment control plans, specifications, a timing schedule and a cost estimate are approved by the administrator and the applicant certifies that all work shall be performed in accordance with the approved plans, specifications and schedules.
2. 
If the application conforms substantially to the requirements of this chapter, the administrator shall approve the application and issue a grading permit to the applicant without unreasonable delay.
3. 
After actual work begins, the administrator or Township Engineer may require additional or revised controls from time to time in the event that the administrator or Township Engineer determines that the originally approved controls are inadequate.
4. 
Permits issued in accordance with this chapter do not relieve the owner of responsibility for securing any and all necessary permits and approvals as required by any other applicable code, ordinance or regulatory agency.
[Ord. 689, 3/23/2016]
1. 
During grading or other work, the applicant shall be responsible for:
A. 
Performing all work in accordance with the grading permit, approved plans, specifications and timing schedule and in compliance with all requirements of this chapter.
B. 
Preventing damage to public utilities within the area where work is performed and along any routes of travel of construction equipment, and repairing any such damage if necessary.
C. 
The prevention and/or repair of damage to adjacent property. No person shall grade on land so close to the property line as to endanger any adjoining public street, sidewalk, alley or any public or private property without supporting and protecting such property from settling, cracking or other damage which might result.
D. 
The prompt removal and legal disposal of all soil, debris, waste or other material spilled, dumped or otherwise deposited on public streets, highways, sidewalks or other public thoroughfares during transit to and from the construction site. The administrator may require the construction of a haul road or other approved vehicle-cleaning method to prevent the spread of debris.
E. 
The prevention of all sediment and illicit discharges from entering into any public sanitary or storm sewer system or watercourse.
[Ord. 689, 3/23/2016]
1. 
Following written notice issued to the applicant and reasonable opportunity to correct, the administrator may revoke or suspend any permit issued under this chapter for:
A. 
Violation of any condition of the grading permit.
B. 
Violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation relating to work authorized under a grading permit.
C. 
Existence of any condition or the doing of any act constituting or creating a nuisance or hazard or endangering human life or the property of others.
[Ord. 689, 3/23/2016]
Every grading permit shall automatically expire if the authorized work is not commenced within 90 days, or is not completed within two years, from the date of permit issuance. If the permit holder presents satisfactory evidence in writing that unusual difficulties have prevented the work from being started or completed within the specified time limits, the administrator may grant a reasonable extension of time, provided that the application for the extension of time is made before the date of expiration of the permit.
[Ord. 689, 3/23/2016]
1. 
Any difference in physical conditions 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 undermine the basis upon which the permit was issued, must be immediately reported to the administrator by the permit holder. If the circumstances dictate, the administrator shall revoke the permit or otherwise modify the conditions upon which the permit was initially issued.
2. 
All modifications to the approved plans, specifications, timing schedule and cost estimate for a grading permit shall be submitted to the Township for review and approval by the administrator. There shall be no differentiation between major and minor modifications with respect to this section. Modifications of the approved plans shall be reviewed and approved in the same manner as the original plan.
[Ord. 689, 3/23/2016]
1. 
All public utilities and municipal facilities shall be protected in the design and completion of grading operations. Construction equipment shall not be operated on public roads without the placement of protective mats. Aggregate driveway or roadway surfaces shall be provided to prevent tracking of dirt and mud on the public roadway.
2. 
The site shall be maintained in accordance with the Allegheny County Conservation District erosion and sedimentation control approval.
3. 
All soil washed or carried onto public streets during grading operations shall be cleaned up as it accumulates. The owner of the property being graded shall also be responsible to protect and clean up lower properties of silt and debris that have been washed down into the lower properties as a result of the grading work on higher property.
4. 
Any dust created from work at the site shall be controlled using acceptable measures, such as calcium chloride or water.
5. 
All graded surfaces that are or have been dormant for 15 days or more shall be matted, seeded or sodded, and watered, tended and maintained until growth is well established.
6. 
All of the work and activity covered by a grading permit shall be conducted between the hours of 7:00 a.m. to 9:00 p.m., prevailing time, unless these time limits are modified in writing by the administrator.
[Ord. 689, 3/23/2016]
1. 
The Township Engineer shall make the inspections hereinafter required and shall either approve that portion of the work that has been completed or notify the permit holder that the work fails to comply with the provisions of this chapter.
A. 
Where it is found by inspection that the grading work being performed does not comply with the grading plan approved with the grading and filling permit, the administrator shall advise the permit holder accordingly.
B. 
If the nonconforming work is not the result of changed soil conditions, then the permit holder shall perform all remedial work required to make the site compliant with the grading plan approved with the permit.
C. 
Where it is found by inspection that the soil or other conditions are not as stated or shown on the application, the administrator shall issue an order to stop work on the site immediately until approval is obtain for a revised grading plan conforming to the existing conditions.
2. 
Plans for grading and drainage work, and erosion and sedimentation control plans, approved by the administrator or other agencies, shall be maintained at the site during the progress of the grading and drainage work until the work has been approved.
3. 
The permit holder shall notify the administrator in order to obtain inspections in accordance with the following schedule, and the permit holder shall make such notifications at least 72 hours before the inspection is to be made.
A. 
Initial Inspection. When work on the excavation or fill is about to start and stakeout is completed.
B. 
Fifty-Percent Inspection. When work on excavation or fills is approximately 50% complete.
C. 
Rough Grading. When all rough grading has been completed.
D. 
Drainage Facilities. When drainage facilities, including yard sumps, are to be continuously inspected during construction and before such facilities are backfilled.
E. 
Additional Inspections. If at any time, in the opinion of the administrator, other inspections are necessary.
F. 
Special Structures. When excavations are complete for retaining and crib walls, when reinforcing steel is in place, and before concrete is poured.
G. 
Final Inspection. When all work, including the installation of all drainage, landscaping and other structures, has been completed.
4. 
If, at any stage of the work, the administrator shall determine by inspection that the nature of any excavation or fill is such that further work as authorized by an existing permit is likely to constitute a hazard, the administrator shall require, as a condition to allowing the work to be done, that such reasonable safety precautions be taken as the administrator considers acceptable to avoid the likelihood of danger. Safety precautions may include, but not be limited to, specifying a flatter exposed slope, construction of additional drainage facilities, berms, terracing, compaction, cribbing, or walls.
[Ord. 689, 3/23/2016]
1. 
Blasting operations using explosives may be permitted in conjunction with any grading, including, but not limited to, earthmoving or trenching operations. Such grading may be permitted by the Township, provided that the person or entity applies for a grading permit and the grading permit application clearly demonstrates that all standards and conditions set forth in this chapter have been met.
2. 
All blasting operations using explosives in conjunction with any grading or excavating activity must meet all of the following conditions:
A. 
All blasting must be conducted in accordance with Title 25, Pennsylvania Code, Chapter 211, Storage, Handling and Use of Explosives.
B. 
All blasters must be licensed by the Commonwealth of Pennsylvania's Department of Environmental Protection prior to any blasting activity within the Township.
C. 
All applicants must secure and provide to the Township a copy of any and all approved blasting activity permit(s) from the Commonwealth of Pennsylvania's Department of Environmental Protection, Bureau of Mining and Reclamation, prior to any blasting activity within the Township.
D. 
All applicants must provide a certificate of insurance evidencing that there is and will continue to be in full force and effect a commercial general liability insurance policy that provides coverage for bodily injury, including death, and property damage as a result of blasting, collapse, and underground releases, at a minimum of $5,000,000 per occurrence, with the Township named as an additional insured, which certificate shall state that the Township shall be given prior written notice of cancellation of the insurance as follows: at least 10 days' prior written notice for nonpayment of premium; and at least 30 days' prior written notice for any other reason. The applicant shall provide proof of this additional insured status in the form of a policy endorsement acceptable to the administrator.
E. 
All applicants must provide notification by certified mail, return receipt requested, to all homeowners with properties within 1,000 feet of the blast site at least 30 days in advance of the blasting activity. The notification shall provide general information about the blasting operation, the operation's blasting schedule, and a statement regarding the duration of the operation. Proof of mailing and all receipts returned must be submitted to the Township for all properties prior to any blasting activities.
F. 
All applicants must provide a preblast survey for all residential and commercial structures within 300 feet of the blast site. Such survey shall not be performed by the blasting company. The surveyor shall document both interior and exterior conditions. The surveyor shall record the condition of the structure before blasting and any physical features the blasting could affect. The surveyor shall also record the quality and quantity of private water supplies.
G. 
The blasting company must retain a third-party person or entity to conduct seismographic recordings, which shall be made at the nearest three residential and the nearest three commercial structures from the blasting site. An analysis of the seismic data shall be submitted to the Township within three days from the conclusion of the blasting activity.
H. 
A detailed blasting report shall be submitted to the Township within three days from the conclusion of blasting activities.
I. 
Blasts shall be designed and conducted to achieve either a minimum scaled distance of 90 feet or meet the maximum allowable peak particle velocity indicated by Figure 1 of Title 25, Pennsylvania Code, Chapter 211.151(c), and not to exceed the noise levels specified in Table 1 of the Pennsylvania Code, Chapter 211.151(d), at the closest building not owned or leased by the blasting company or its customer.
[Ord. 689, 3/23/2016]
Upon completion of the grading, the permittee shall provide as-built plans, sealed by the permittee's engineer of record, to the administrator in both hard copy and digital (PDF) format.
[Ord. 689, 3/23/2016]
1. 
Upon completion of the grading as approved by the administrator, the permittee's engineer of record shall issue to the Township a certification of completion, which will certify that all grading, excavation and/or fill as stipulated in the grading permit has been completed in compliance with this chapter and the approved plans, specifications, permit requirements and other Township ordinance requirements. Copies of all inspection reports, test results, as-built plans and maintenance bonds shall also be submitted with the certificate of completion document.
2. 
If, upon final inspection of the site for which a permit has been issued, it is found that the work as authorized by the grading permit has been satisfactorily completed in accordance with this chapter, including, but not limited to, the submission of the engineer of record's certification of completion, all inspection reports, test results, as-built plans and maintenance bonds, the administrator shall issue the permit holder a grading certificate of completion covering the work and stating that the work is approved.
[Ord. 689, 3/23/2016]
1. 
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, all retaining walls, cribbing, drainage structures, fences, ground cover, erosion and sedimentation controls and other protective devices, and such maintenance shall be a continuing obligation of the property owner.
2. 
The continued use of such property shall be conditioned upon the proper maintenance and upkeep of all of the above items, satisfactory to the Township, and subject to such further conditions as the Township shall prescribe from time to time to keep the site in a safe condition.
3. 
If, at any time subsequent to the completion of the grading work, the cut face or fill slope shall evidence signs of deterioration, erosion, or other evidence which might be detrimental to the properties above or below the grading site, the Township, upon recommendation of the Township Engineer, shall notify the property owner to take remedial action to restore the graded area to a safe condition and to do so in a reasonable period of time.
4. 
The grading certificate of completion shall be revoked by the administrator if the conditions of the permit are not being observed, the work covered by the permit is materially extended or altered without permit to do so, or conditions exist which prejudice the health, safety and welfare of any person, persons, or property. Before such revocation, the administrator shall first give written notice to the permit holder and to the owner of the property involved, specifying the defect or unsatisfactory condition involved, and advising that unless such defect or unsatisfactory condition is remedied within a stated period time, the certificate shall be revoked.
5. 
If, after such notification, the property owner fails to correct such defect or unsatisfactory condition within the stated period of time, then the Township Commission may undertake the necessary work, and the cost of such work shall be borne by the permit holder and the property owner and collected in any manner authorized by law, including the imposition of a lien against the property.
[Ord. 689, 3/23/2016]
1. 
Whenever the administrator determines that any existing excavation, retaining wall, embankment or fill has become a hazard, the owner of the property shall, upon receipt of written notice within a reasonable specified period of time from the administrator, repair, reconstruct or remove the excavation, retaining wall, embankment or fill to eliminate the hazard.
2. 
If, after such notification, the property owner has not made the necessary repairs within the specified time period, then the Township may make the required repairs, and the cost shall be borne by the property owner by lien or judgement obtained as provided by law.