[Ord. 6-2012, 7/12/2012, § I; amended at time of
adoption of Code]
This Part shall hereafter be known and cited as the "Grading
Ordinance of Canton Township 2012."
[Ord. 6-2012, 7/12/2012, § II]
The purpose of the this Part is to provide minimum standards
to safeguard persons and property, to protect and to promote the public
welfare, by preventing excess erosion, hazardous rock formations 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.
[Ord. 6-2012, 7/12/2012, § III]
1.
A grading permit must be obtained from the Township for new grading,
excavations and fills; changes, additions or alterations made to existing
excavation or fills shall conform to the provisions of these regulations.
A separate grading permit shall be required for each site. One permit
may cover the grading, excavation and any fills made on the same site.
2.
Only one permit is required for a continuous parcel to be graded
for a proposed major planned development, such as residential planned
unit development or a planned industrial park, well locations and
gas installations (as permitted by state oil and gas act and any other
related acts or ordinances) when adequate standards or requirements
for grading the parcel are approved by the Township.
3.
Earth moving and grading activities shall be subject to the requirements of State Soil Erosion and Sedimentation Control Regulations, the Township Zoning Ordinance [Chapter 27], the Township Subdivision and Land Development Ordinance [Chapter 22], and the Township Floodplain Ordinance [Chapter 8] whether or not it is regulated by this Part. The aforesaid proposed activities shall also be reviewed by the Washington County Soil and Conservation District as required thereof.
[Ord. 6-2012, 7/12/2012, § IV]
For the purposes of this Part, the following definitions shall
apply:
Any rock, natural soil or fill, and/or combination thereof.
The mechanical removal of earth material.
The deposition of earth material.
Any excavating or filling or combination thereof.
Bricks, concrete, asphalt, or other vitrified or masonry
building material.
Any fill other than earth material or inert material.
Any person, persons, partnership, business or corporation.
[Ord. 6-2012, 7/12/2012, § V]
1.
A grading permit will not be required for the following situations:
A.
When grading is limited to mining, quarrying or stockpiling of coal,
rock, sand, aggregate or clay that satisfy requirements of regulations
of the Commonwealth of Pennsylvania.
B.
When grading is limited to solid waste disposal areas or sanitary
landfills operated in accordance with the requirements, rules and
ordinances adopted by the Pennsylvania Department of Environmental
Protection.
C.
When soil excavated under the authorization of a building permit
issued by the governing body is temporarily stockpiled on the same
site as excavation; provided, however, that if the material from such
excavation is thereafter to be used for fill purposes for which a
grading permit is required, such permit must be obtained prior to
such use in accordance with the requirements of this Part.
D.
Earth disturbances for the purpose of normal agricultural operations,
gardening and topsoil preparation for planting of grass or other vegetative
ground cover.
E.
Earth disturbance necessary for the construction or repair of public
utilities and/or roads by public agencies, and/or Public Utility Commission
regulated utility companies.
F.
Minor earth disturbance (less than 50 cubic yards) for residential
construction such as driveways, above-ground pool, fishponds, porches,
decks or small outbuildings where all of the following conditions
are met:
(1)
Project does not result in a retaining wall over four feet in
height.
(2)
Project does not result in placed fill or other obstructions
in a wetland.
(3)
Project does not obstruct vision (sight distance) of motorists.
(4)
Project is sufficient distance (not closer than five feet) from
contiguous property that neighbor's access to their property
for maintenance is not impeded or their safety reduced. Note that
this provision does not remove the requirement of certain construction
projects (structures, decks, pools, porches, etc.) from the proper
zoning setbacks.
(5)
The excavation/grading project does not re-direct surface water
onto adjacent property.
[Ord. 6-2012, 7/12/2012, § VI]
1.
Whenever the Board of Supervisors, upon the recommendation of its
engineer, determines that any existing excavation, embankment or fill
has become a hazard, the owner of the property upon which the excavation,
embankment or fill is located, or other person or agent in control
of said property, upon receipt of notice in writing from the engineer
shall with the reasonable period specified therein repair, reconstruct
or remove such excavation, embankment or fill so as to eliminate the
hazard.
2.
If, after such notification, the property owner has not made the
necessary repairs within the time adopted, then the Board of Supervisors
may direct government employees to make the required repairs and the
cost thereof shall be borne by the property owner by a lien filed
as provided by law.
[Ord. 6-2012, 7/12/2012, § VII]
1.
It shall be unlawful for any person, firm, or corporation to undertake
any earth moving activity or stripping of vegetated ground cover without
first securing a permit, as required, pursuant to this Part.
2.
It shall be unlawful for any person, firm or corporation to use any
non-approved fill material in the construction of a fill. Such non-approved
fill includes, but is not limited to, trees, stumps, refuse, scrap
building materials, toxic or hazardous waste, vehicles, roofing, etc.
[Ord. 6-2012, 7/12/2012, § VIII]
Whenever any proposed activity requires building and/or driveway
permit, no such building or driveway permit shall be issued unless
the permit required hereunder has been issued. The plans and applications
required herein may be combined, when applicable, with plans and applications
materials submitted for building and/or driveway permits.
[Ord. 6-2012, 7/12/2012, § IX]
1.
Every applicant for a grading permit shall file a written application
therefor with the Zoning Officer in a form prescribed by the Township.
Such application shall:
A.
Describe the land on which the proposed work is to be done by lot,
block, tract or street address, or similar description which will
readily identify and definitely locate the proposed work area.
B.
Any application for a grading permit shall be accompanied by a plan
showing the following:
(1)
A topographic survey plan of the site, at a suitable scale of
no less than one inch equals 50 feet and contour interval of no more
than two feet zero inches, prepared by a registered professional land
surveyor or registered professional engineer, including a boundary
line survey, the location and description of vegetative cover, the
general location of all major trees and any other pertinent existing
natural or man-made features. Interpolated contours from USGS maps
or any other similar source are not acceptable.
(2)
(a)
A grading plan of the same scale describing all changes to the
site including final contours, structures, paving, waste disposal
systems and wells. This improvement and grading information may be
combined on the topographic survey when all information can be clearly
and legibly shown.
(b)
This grading plan shall show the following:
1)
Existing and proposed right-of-ways and easements.
2)
One-hundred-year floodplain limit and elevation.
3)
Karst features.
4)
The limits of major trees and trees to be removed.
5)
Portions of the property steeper than 25% slope.
6)
Wetlands (if any).
7)
Existing and proposed stormwater management facilities. If new
stormwater management facilities are proposed, the engineering calculations
used to design those facilities shall also be provided.
8)
The design location and grading associated with any proposed
on lot sewage disposal system.
9)
The area reserved for providing a replacement on lot sewage
disposal system (if required).
10)
Landscape buffers or screens.
11)
Any upstream watershed draining onto the property, with a clear
description of how stormwater runoff from the upstream watershed will
be accommodated.
(3)
A written description of soil erosion and sedimentation control
measures in accordance with § 44 of Chapter 102, Title 25,
Rules and Regulations, Part I, Commonwealth of PA Department of Environmental
Protection, Subpart C, Protection of Natural Resources, Article II,
Waster Resources, Chapter 102, "Erosion Control," which shall be in
conformity with the standards and specifications of the Canton Township
ordinances.
2.
To be adequate, a geological report shall include a detailed description
of the geological conditions of the site; 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
if required by any federal, state and/or local agency. A soil conservation
report may include existing site description as to topography, drainage,
cover and soils; major resource problems as to soil limitations, erosion
and sediment potential and surface runoff changes; and recommendations
to minimize soil limitations, erosion and sediment, and surface water
disposal problems.
3.
The Zoning Officer may obtain information and reports from governmental
agencies, and scientific and/or engineering journals, if available,
and professional engineers and/or professional geologists, if necessary.
4.
In no case shall the Zoning Officer require more than minimum adequate
standards, as recommended by governmental agencies, professional engineers
or engineering geologists, and other requirements specified in this
Part, for issuing a grading permit.
[Ord. 6-2012, 7/12/2012, § X]
Township may charge a fee for issuance of a grading permit.
Such fees will be set periodically by resolution by the Supervisors
at a public meeting. Fee(s) will be based on costs of engineering
review, inspection costs, legal review, advertising costs, public
hearing costs and administrative costs. Township will require placement
of fee(s) in escrow with the Township. Amounts collected in excess
of actual costs will be refunded. Costs about the escrowed funds may
be billed by the Township.
[Ord. 6-2012, 7/12/2012, § XI]
Before issuance of a grading permit, the applicant shall post
a bond, corporate surety or other approved security in the amount
of 10% of the estimated cost in excess of $5,000 of the grading work
and erosion control facilities, as determined by the Board of Supervisors,
to guarantee said work and facilities will be completed in a satisfactory
manner and meet the requirements of this Part. No bond shall be required
if another bond or other approved security is posted for construction
and/or site improvements. When all requirements of this permit have
been met and the work has been completed in a satisfactory manner,
the full amount of security shall be returned to the person posting
said security.
[Ord. 6-2012, 7/12/2012, § XII]
1.
The Township shall review and approve grading permit applications
and plans on the form provided by the Township for that purpose. No
grading permit, building permit, or driveway permit shall be issued
by the Township until such time as a grading application and plans
have been found to be acceptable to the Township. Furthermore, no
certificate of occupancy permit shall be issued by the Township until
such time as the Township determines that all earth disturbances has
been completed in general conformity with the approved grading plan.
2.
In all cases, the permittee shall be required to undertake all earth
moving and grading activities in accordance with this Part and the
approved grading plan, whether or not inspection by the Township is
provided and whether or not a certificate of occupancy is issued.
[Ord. 6-2012, 7/12/2012, § XIII]
1.
The permittee is responsible for any property damage or personal
injury caused by activity authorized by the permit.
2.
No person, firm or corporation shall modify, fill, excavate, pave,
or grade land in any manner as to endanger of damage public or private
property, or to cause physical damage or personal injury. All precautions
will be taken to prevent any damage to adjoining streets, sidewalks,
building, and other structures which could be caused by settling,
cracking, erosion or sediment.
3.
The installation and maintenance of erosion and sedimentation control
measures shall be accomplished in accordance with standards and specifications
established by the Washington County Conservation District.
[Ord. 6-2012, 7/12/2012, § XIV]
Every grading permit shall expire by limitation and become null
and void if the work authorized by such permit has not been commenced
within one year or is not completed within three years from the date
of issue; provided that the governing body, acting upon the recommendation
of the Zoning Officer, 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 extension
of time is made before the date of expiration of the permit. Any physical
changes in the site such as surface water drainage, soil and bedrock
dislocations, alteration of groundwater discharge or any other natural
or man-made modification which would cause doubt to be cast upon the
feasibility of the contents of the original permit approval, must
be reported to the Zoning Officer in the intervening period between
approval of permit and completion of the project.
[Ord. 6-2012, 7/12/2012, § XV]
1.
When the requirements of this Part for obtaining a permit have been
met, the Zoning Officer and Township Engineer shall approve the proposed
plan and grant a grading permit to the applicant. Approved work may
then start. However, when, in the opinion of the Zoning Officer/Township
Engineer, work 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 property or streets or alleys, or create
hazardous conditions, the Zoning Officer/Township Engineer shall give
due consideration to: possible saturation by rains, earth movements,
run-off surface waters and subsurface conditions such as the stratification
and faulting or rock, aquifers, springs and the nature and type of
the soil or rock.
2.
The Board of Supervisors shall consider within 15 days appeals from
the provisions of these regulations or from the denial by the Zoning
Officer/Township Engineer, and the Board of Supervisors within 15
days shall consider alternate methods, standards, or materials proposed
by the developer, when, in his opinion, strict compliance with the
provisions of these regulations is unnecessary. Any applicant or permit
holder shall have the right to appeal to any court or competent jurisdiction
from any decision of the governing body.
[Ord. 6-2012, 7/12/2012, § XVI]
1.
The permittee or his agent shall notify the Zoning Officer in writing
of the start and completion of each continuous grading operation.
Notice shall be received by the Zoning Officer at this office at least
two working days before start or completion of grading operations.
2.
Grading work at these stages or at any other time will be subject
to spot inspections at the discretion of the Zoning Officer/Township
Engineer to determine that the work is being performed in compliance
with these regulations and the approved plans and specifications.
The results of any compaction testing required by the permit shall
be made available upon request. All costs of inspections shall be
borne by the permittee.
3.
In special cases, when grading occurs in areas of landslide-prone
soil as recognized by the soil survey or better, the Zoning Officer/Township
Engineer may require special precautions for the grader. The results
of all soil test and core borings made relating to the site graded
shall be submitted to the Zoning Officer/Township Engineer.
[Ord. 6-2012, 7/12/2012, § XVII]
1.
Maximum slope steepness of a cut should normally be two horizontal
to one vertical for minimizing erosion and landslide hazard. However,
soils which have a low probability of being landslide prone shall
be permitted to have a slope not steeper than two horizontal to one
vertical.
2.
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:
A.
The material in which the excavation 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, signed and sealed
by a 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 Zoning Officer.
B.
A retaining wall or other approved support, designed by a professional
engineer and approved by the Township Engineer is provided to support
the face of excavation.
C.
The top or bottom edge of slopes shall generally be set back three
feet 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 and to provide access to the slope
for repairs and maintenance.
[Ord. 6-2012, 7/12/2012, § XIII]
1.
No fill should be placed over trees, stumps or other material which
could create a hazard.
2.
All fills should be compacted to provide stability of fill material
and to prevent undesirable settlement or slippage. Compaction testing
may be required. Compaction test results shall be made accessible
to Township Engineer if requested.
3.
Clean soil or earth should be placed over the top and exposed surfaces
of the fill to a depth sufficient to conceal all materials used in
the fill other than clean soil or earth. If the filing operation is
intermittent, the top and exposed surfaces of the fill should be so
covered at the completion of each lift.
4.
The top or bottom edge of slopes should generally be set back three
feet 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 and to provide access to the slope
for repairs and maintenance.
5.
Maximum slope steepness in fill areas should not exceed two horizontal
to one vertical.
6.
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:
[Ord. 6-2012, 7/12/2012, § XIX]
1.
The owner of any property on which an excavation or fill have 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.
2.
If, at any time subsequent to the completion of the grading work,
the cut face or fill slope shall evidence signs of deterioration,
erosion or other evidence which might be detrimental to the properties
above and below the grading site, the Board of Supervisors, upon the
recommendation of the Zoning Office and Township Engineer, may direct
the property owner to take necessary remedial steps which may include
the submission of revised plans and specification in accordance with
sound engineering practice, to restore the grading to a safe condition,
and to do so in a reasonable period of time.
[Ord. 6-2012, 7/12/2012, § XX]
Neither the issuance of a permit under the provisions of this
Part, nor the compliance with the provisions hereto or with any condition
imposed by the building official hereunder, shall relieve any person
from any responsibility for damage to persons or property resulting
therefrom, or as otherwise imposed by law, nor impose any liability
upon the Township for damages to persons or property.
[Ord. 6-2012, 7/12/2012, § XXI]
In the case of any paving, filling, stripping, grading or regarding;
any disturbing, modifying, blocking, or diverting the overland or
subsurface flow of stormwater; or any construction, erection, and
installation of any dam, ditch, culvert, drainpipe, bridge, or any
other structure or obstruction affecting the drainage of any premises,
in violation of this Part, or any regulations made pursuant hereto,
the proper Township authorities, in addition to other remedies provided
by law, may institute any appropriate action or proceedings against
the permittee and/or owner to prevent such unlawful activities; to
restrain, correct or abate such violations; to prevent the use of
the applicable premises; to prevent any illegal act, conduct of business
or use in or about such premises. In addition, upon the failure of
any permit holder to complete the control measures specified in approved
application, the Township may, after revoking such permit, proceed
to complete such measures itself, and recover the cost thereof from
the permittee and/or owner.
[Ord. 6-2012, 7/12/2012, § XXII]
1.
Right of Entry. Upon presentation of proper credentials, duly authorized
representatives of the Township may enter at reasonable times upon
any property within the Township to inspect the condition of the stormwater
structures and/or facilities in regard to any aspect regulated by
this Part.
2.
Notification. In the event that a person fails to comply with the
requirements of this Part, or fails to conform to the requirements
of any permit issued hereunder, the Township shall provide written
notification of the violation. Such notification shall set forth the
nature of the violation(s) and establish a time limit for correction
of these violation(s). Failure to comply within the time specified
shall subject such person to the penalty provision of this Part. All
such penalties shall be deemed cumulative. In addition, the Township
may pursue any and all other remedies. It shall be the responsibility
of the owner of the real property on which any regulated activity
is proposed to occur, is occurring, or has occurred, to comply with
the terms and conditions of this Part.
3.
Enforcement. The Board of Supervisors is hereby authorized and directed
to enforce all of the provisions of this Part. All inspections regarding
compliance with the stormwater management site plan shall be the responsibility
of the Township Engineer or other qualified persons designated by
the Township.
A.
A set of design plans approved by the Township shall be on file at
the site throughout the duration of the construction activity. Periodic
inspections may be made by the Township or designee during construction.
B.
Adherence to Approved Plan. It shall be unlawful for any person,
firm, or corporation to undertake any activity under this Part on
any property except as provided for in the approved stormwater management
site plan and pursuant to the requirements of this Part. It shall
be unlawful to alter or remove any control structure required by the
stormwater management site plan pursuant to this Part or to allow
the property to remain in a condition which does not conform to the
approved stormwater management site plan.
C.
At the completion of the project, and as a prerequisite for the release
of the performance guarantee, the owner or his representatives shall:
D.
After receipt of the certification by the Township, a final inspection
shall be conducted by the governing body or its designee to certify
compliance with this Part.
E.
Prior to revocation or suspension of a permit, the Board of Supervisors
will schedule a hearing to discuss the non-compliance if there is
no immediate danger to life, public health or property.
F.
Suspension and Revocation of Permits.
(1)
Any permit issued under this Part may be suspended or revoked
by the Board of Supervisors for:
(a)
Noncompliance with or failure to implement any provision of
the permit.
(b)
A violation of any provision of this Part or any other applicable
law, ordinance, rule or regulation relating to the project.
(c)
The creation of any condition or the commission of any act during
construction or development which constitutes or creates a hazard
of nuisance, pollution or which endangers the life or property of
others.
(2)
A suspended permit shall be reinstated by the Board of Supervisors
when:
(a)
The Township Engineer or his designee has inspected and approved
the corrosions to the stormwater management and erosion and sediment
pollution control measure(s) or the elimination of the hazard or nuisance.
(b)
The Board of Supervisors is satisfied that the violation of
the ordinance, law, or rule and regulation has been corrected.
(c)
A permit revoked by the Board of Supervisors cannot be reinstated.
The applicant may apply for new permit under the procedures outlined
in this Part.
G.
Occupancy Permit. An occupancy permit shall not be issued unless
the certification of compliance has been secured. The occupancy permit
shall be required for each lot owner, and/or developer for all subdivisions
and land development in the Township.
5.
Penalties.
A.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.
[Amended at time of adoption of Code]
B.
In addition, any person found to be in violation of this Part shall
be subject to any and all enforcement provisions contained within
the Storm Water Management Act, 32 P.S. § 680.15. This Part
may be enforced by Canton Township through an action in equity brought
in the Court of Common Pleas of Washington County.
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 Part. 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.
