This chapter shall be known and may be cited as the "Hopewell Township Grading Ordinance."
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, and by regulating and controlling the design, construction, quality of materials, use location and maintenance of grading, excavation and fill.
No person shall construct, enlarge, alter or repair any grading excavation or fill except in full compliance with all the provisions of this chapter and after the lawful issuance of all permits required by this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATOR
The Township Board of Supervisors or its authorized representative.
APPLICANT
A landowner or developer, as defined by the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended, 53 P.S. § 10101 et seq., who has filed an application for a permit pursuant to this chapter.
ARCHITECT
A registered architect licensed as such in the Commonwealth of Pennsylvania.
BEDROCK
Natural rock layer, hard or soft, in place at ground surface or beneath unconsolidated surficial deposits.
BOARD OF SUPERVISORS
The Board of Supervisors of Hopewell Township.
ENGINEER
A registered professional engineer licensed as such in the Commonwealth of Pennsylvania and knowledgeable in civil engineering.
EXCAVATION
Any act by which earth, sand, gravel, rock or any other material is deposited, placed, pushed, dumped, pulled, transported or moved to a new location, including the condition resulting therefrom.
FILL
Any act by which earth, sand, gravel, rock or any other material is deposited, placed, pushed, dumped, pulled, transported or moved to a new location, including the condition resulting therefrom.
GEOTECHNICAL ENGINEERING REPORT
A report prepared by a registered professional geological engineer.
GOVERNING BODY
The Board of Supervisors of Hopewell Township.
GRADE
The elevation of the existing or proposed surface at the location of any proposed excavation or fill; applies to either of the acts of excavating or filling.
GRADING PERMIT
Any permit required pursuant to the provisions of this chapter.
HAZARD
Any danger or potential danger to life, limb or health, or any adverse effect or potential adverse effect to the safety, use or stability of property, waterways, public ways, structures, utilities and storm sewers, including stream pollution.
LANDSCAPE ARCHITECT
A landscape architect licensed as such in the Commonwealth of Pennsylvania.
PERMIT HOLDER
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.
PERSON
A natural person, but also includes a partnership, corporation, trust, association or any type of legal entity.
RETAINING WALL
A structure composed of concrete, steel or other approved building material constructed for the purpose of supporting a cut or filled embankment which would otherwise not comply with the requirements or 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.
SITE
A lot, tract or parcel of land, or a series of lots, tracts or parcels of land which are adjoining and with respect to which grading work is to be continuous and performed at the same time.
SOILS ENGINEER
A registered professional engineer licensed as such in the Commonwealth of Pennsylvania and having training and experience in the branch of soils engineering.
SOILS SURVEY
The survey for Washington County, Pennsylvania, and the accompanying text, Soil Survey of Washington County, Pennsylvania, as prepared by the USDA Natural Resources Conservation Service, et al.
SOLID WASTE
Any and all parts or combinations of ashes, garbage, refuse, radioactive material, combustible demolition materials and industrial wastes, such as food processing wastes, wood, plastic, metal scrap, etc.
STEEP SLOPE or EXCESSIVE SLOPES
Slopes where, in a 100-foot horizontal distance, the slope exceeds 40 feet (40%).
TOWNSHIP
The Township of Hopewell.
TOWNSHIP ENGINEER
The appointed engineer of Hopewell Township.
ZONING OFFICER
The designated official appointed by the Board of Supervisors whose duty it shall be to administer this chapter and Chapter 320, Zoning.
ZONING ORDINANCE
Chapter 320, Zoning, as amended, of the Code of the Township of Hopewell.
A. 
No person shall commence or perform any grading, excavation and/or fill operations without first having obtained a grading permit from the Zoning Officer on approval of the Township Engineer. A separate grading permit shall be required for each site as follows.
B. 
Any work requiring a grading permit encompassing grading, excavating or filling over an area greater than five acres shall be submitted to the Board of Supervisors for review and recommendation by the Township Engineer.
(1) 
One permit shall cover the grading, excavation and any fill made on the same site.
(2) 
Only one permit shall be required for the grading of a large continuous parcel of land for a major planned development, such as a planned residential development or a planned commercial development, when the standards for the grading of the entire parcel are satisfactory to and approved by the Zoning Officer.
C. 
An approved site grading plan and/or a building permit, or both, are prerequisite to the granting of any grading 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, or cover an area of more than 1,000 square feet, provided that the surfaces of such excavation do not have slope at any point steeper than two horizontal to one vertical.
B. 
Fill which does not exceed four feet in vertical depth at its deepest point, measured from the natural ground surface, and/or does not cover an area of more than 1,000 square feet, provided that the surfaces of such fills do not have a slope at any point steeper than two horizontal to one vertical.
C. 
An excavation below finished grade for basements and footings of a building, or a one-family dwelling, swimming pool, or underground structure authorized by a building permit; and an excavation of a driveway between a building site and the street; provided, however, that a permit is required for an excavation of a driveway between the building site and the street when extreme conditions (such as excessive cut or fill) exist.
D. 
Soil excavated under the authorization of a properly issued building permit, which is stockpiled in the same site as the excavation. If, however, excavated material is stockpiled on a site for a period of longer than 120 days, then a permit shall be necessary when disposing of the fill material on a site other than where the soil is stockpiled.
E. 
Work in a public street or alley or in a Township park, playground or recreation area or any other public property.
F. 
Where residential construction for single-family houses does not fall within the limits of the table below, then a grading permit shall be required in addition to the building permit:
Site Size
(Square Feet)
Gradient Does Not Exceed
Amount of Excavation or Fill Does Not Exceed
(Cubic Yards)
Less than 6,000
12 feet in 100 feet (12%)
75
6,000 to 10,000
15 feet in 100 feet (15%)
100
10,000 to 18,000
17 feet in 100 feet (17%)
200
18,000 to 30,000
20 feet in 100 feet (20%)
300
Over 30,000
22 feet in 100 feet (22%)
400