[HISTORY: Adopted by the Board of Supervisors of the Township
of Cross Creek 6-17-2003 by Ord.
No. 1-03. Amendments noted where applicable.]
The purpose of these regulations is:
A.
To provide minimum standards to safeguard persons, protect property,
and promote the general 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 fills.
B.
To establish performance standards, which insure land use practices,
respectful of the natural topography and capabilities of the land.
C.
To encourage maximum retention of natural topography and vegetative
features on hillsides.
D.
To prevent earthflow and rockfall landslides.
E.
To encourage imaginative and innovative site development and building
design that adapts to and takes advantage of the best use of the natural
terrain.
A.
This section concerns new grading, excavation, and fills; and changes,
additions, or alterations made in existing excavations, fills, and
embankments, which shall conform to the provisions of this chapter.
B.
The Township Board of Supervisors shall designate an administrator
for review, approval, granting of grading permits, and to make inspections
of the grading work.
C.
A separate grading permit shall be required for each site. One permit
shall cover all grading, excavation, and any fills made on the same
site.
D.
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
subdivision development or a planned commercial development, when
the standards for the grading of the entire parcel are satisfactory
to and approved by the administrator.
E.
An approved site plan, a building permit or both are prerequisite
to the granting of any grading permit.
F.
All grading, excavation and fills, whether or not a grading permit
is required, shall conform to the provisions of this chapter.
G.
This chapter
is not intended to regulate, limit, or restrict agricultural practices
or operations.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A grading permit shall not be required for any of the following:
A.
An excavation which does not exceed three feet in vertical depth at its deepest point, measured from the natural ground surface and covering a surface area of less than 5,000 square feet, provided that the services of such excavation do not have slope at any point steeper than four horizontal to one vertical. However, this subsection shall not be deemed to nullify the application of this chapter, or any requirement for obtaining a grading permit, with respect to any fill made with material from such an excavation, unless otherwise excepted by Subsections B and C of this section.
B.
A fill, which does not exceed 500 cubic yards of material, on any
one site.
C.
Fill, which is not intended to support structures and does not exceed
three feet in vertical depth at its deepest point, measured from the
natural ground surface, and does not cover an area of more than 5,000
square feet, provided that the surface of such fills do not have a
slope at any point steeper than horizontal to one vertical and does
not obstruct a drainage course.
D.
An excavation below finished grade for basements and footings of a building, swimming pool, or underground structure authorized by a building permit and an excavation of a driveway between a building site and the street. However, this Subsection D shall not be deemed to nullify the application of this chapter, or any requirement for obtaining a grading permit, with respect to any fill made with the material from such an excavation, unless otherwise excused by Subsections B and C of this section.
E.
Soil excavated under the authorization of a properly issued building
permit, which is temporarily stockpiled on 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.
F.
A building site, improved under authorization of a properly issued building permit, where the maximum natural gradient between property lines or the maximum excavation or fill, exclusive of the situations referred to in Subsection D, above, do not exceed the grades or quantities set forth in the following table:
|
One-Family House Site
(square feet)
|
Maximum Gradient Without Permit
|
Maximum Excavation or Fill Without Permit, Exclusive of Basements
and Foundations
(cubic yards)
|
|---|---|---|
|
Less than 10,000
|
15 inches 100 feet
|
100
|
|
10,000 to 24,000
|
15 inches 100 feet
|
200
|
|
24,000 to 44,000
|
15 inches 100 feet
|
250
|
|
Over 44,000
|
20 inches 100 feet
|
250
|
G.
Exploratory excavations under the direction of a soils engineer or
engineering geologist.
H.
Excavations for wells, tunnels, public utilities or cemetery graves.
I.
A permit shall not be required for work performed by the Township,
or of contractors employed by the Township in the public street or
alley, Township park, playground or recreation area or on other Township
property.
J.
Farms, including, plowing, clearing, grading and grubbing activities
essential to the farm business activity, or activities used to enhance
agricultural operations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
ADMINISTRATOR
APPLICANT
ARCHITECT
BEDROCK
BUILDING CODE
ENGINEER
ENGINEERING GEOLOGIST
EROSION
EXCAVATION
EXCESSIVE SLOPE
FILL AND EMBANKMENT
FLOODPLAIN
GEOTECHNICAL ENGINEERING REPORT
GRADE
GRADING
GRADING PERMIT
GRADING, ENGINEERED
GRADING, REGULAR
HAZARD
LANDSCAPE ARCHITECT
LANDSLIDE PRONE SOILS
PERMIT HOLDER
RETAINING WALL
SITE
SLOPE
SOIL SURVEY
SOILS ENGINEER
SOLID WASTE
STEEP SLOPES or EXCESSIVE SLOPES
STORMWATER MANAGEMENT
SUBDIVISION ORDINANCE
WELL
ZONING ORDINANCE
For the purpose of this chapter, certain terms and words are herein
defined:
The person qualified and officially appointed by the Board
of Supervisors to manage this chapter, or his authorized representative.
Any landowner or agent of a landowner who proposes to make
or cause to be made any excavation, fill or any combination thereof
pursuant to the provisions of this chapter.
A registered architect licensed as such in the Commonwealth
of Pennsylvania.
Natural rock layer, hard or soft, in place at ground surface
or beneath unconsolidated surficial deposits.
Township of Cross Creek Code of Ordinances Building Code,
as amended.[1]
A registered professional engineer in the Commonwealth of
Pennsylvania, and knowledgeable in civil engineering.
A person who holds a degree in geology from an accredited
college or university and who has training and experience in the field
of engineering geology.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity, including such processes as gravitational
creep.
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced,
relocated or bulldozed and shall include the conditions resulting
therefrom.
Shall be defined as either of the following: those slopes
as identified on the soil group map as steep slopes of 25% or more;
or any virgin area where, in a 100-foot horizontal distance, the average
slope exceeds 25%.
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.
Areas designated by the Federal Emergency Management Administration
and other areas known to be subject to flooding.
A report prepared by a soils engineer or engineering geologist.
The elevation of the existing or proposed ground surface
at the location of any proposed excavation or fill.
Excavation or fill, or any combination thereof, including
the conditions resulting from any excavation or fill.
Any permit required pursuant to the provision of this chapter.
A grading operation in excess of 5,000 cubic yards and performed
in conformance with a grading plan prepared by a professional engineer.
A grading operation of less than 5,000 cubic yards. Where
the site conditions warrant, the administrator may require the submission
of a report on the site as prepared by a professional engineer, soils
engineer or engineering geologist.
Any danger or potential danger to life, limb or health, or
any adverse effect of potential adverse effect to the safety, use
or stability of property, waterways, public ways, structures, utilities
and storm sewers, including stream pollution.
A landscape architect licensed as such in the Commonwealth
of Pennsylvania.
Those soil formations whose characteristics are classified
as being landslide prone or otherwise sensitive in the soil survey
of Greene and Washington Counties.
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 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
two feet in height as measured on the exposed vertical surface of
the wall.
A lot, tract or parcel of land, but may be a series of lots,
tracts or parcels of land which are adjoining and with respect to
which the grading work is to be continuous and performed at the same
time.
The angle of the existing or proposed ground surface plane
to the horizontal expressed as a ratio of the horizontal to the vertical,
or in percentage to the slope (rise or fall per hundred feet).
The soil survey of Greene and Washington Counties, Pennsylvania,
as prepared by the USDNR Conservation Service et al, and accompanying
text, issued September 1983.
A registered professional engineer in the Commonwealth of
Pennsylvania having training and experience in soils and engineering.
Any and all parts or combination of ashes, garbage, refuse,
radioactive material, combustible demolition material and industrial
wastes such as food processed wastes, wood, plastic, metal scrap,
and other such materials whose disposal is regulated by the Pennsylvania
Department of Environmental Protection.
Slopes where, in a 100-foot horizontal distance, the average
slope exceeds 25%.
The control of the surface water runoff as regulated by Chapter 257, Stormwater Management, of the Code of the Township of Cross Creek.
The Subdivision and Land Development Ordinance as amended, being Chapter 270 of the Township of Cross Creek Code of Ordinances.
The drilling of a hole and/or excavation solely for the purpose
of obtaining a water supply, and is not intended to encompass drillings
and/or excavations for the purposes of oil, gas, or other types of
mineral extraction, which are intended to be subject to this chapter.
[Added 6-15-2010 by Ord.
No. 3-10]
The Zoning Ordinance, as amended.[2]
B.
Unless otherwise expressly stated, the terms and words shall, for
the purpose of this chapter, have the meaning herein indicated. Words
used in the singular number include the plural, and words in the plural
include the singular; words in the masculine gender include the feminine
and neuter; and the word "building" includes the word "structure"
and the word "structure" includes the word "building."
A.
Every applicant requesting a grading permit shall file a written
application, plans, specifications and a soil conservation report
therefore with the administrator in a form prescribed by the administrator.
The application shall indicate that the proposed grading is to be
regular grading or engineered grading and shall:
(1)
Describe the land on which the proposed work is to be done by lot,
block, tract, and street address, or similar description which will
readily identify and definitively locate the proposed work.
(2)
State the estimated dates for the starting and completion of the
grading work.
(3)
State the purpose for which the grading application is filed.
(4)
State whether or not a building, structure, or other improvement,
the construction of which will require a building permit pursuant
to the provisions of the Building Code, is intended to be erected
on the land on which the grading is to be done.
B.
The plans and specification shall accurately portray and describe
the site and proposed soil erosion controls. Plans shall be submitted
in triplicate, one set of which shall be of a reproducable nature,
and shall include:
(1)
The name of the applicant.
(2)
The name of the owner of the land.
(3)
The permission and approval of the owner of the property, if the
applicant is an agent or tenant.
(4)
Accurate location by lot, block, tract, street address, a location
map or similar information.
(5)
A contour map showing the present contours of the land and the proposed
contours after completion of the proposed grading at two-foot intervals
where the average slope is 10% or less and at five-foot intervals
where the average slope exceeds 10%.
(6)
Cross sections of the proposed cut or fill on fifty-foot intervals
which show the method of benching, both cut and/or fill; provided,
however, that there shall be not less than two cross sections for
each site.
(7)
A plot plan showing the location of the grading boundaries, lot lines,
neighboring streets, or ways, building, surface and subsurface utilities
and waterways, drainage patterns and sufficient dimensions and other
data to show all work.
(8)
A description of the type and classification of the soil from the
soil survey, other standards surveys, or from other methods.
(9)
Details and location of any proposed drainage, stormwater management
structures and pipes, walls and cribbing.
(10)
Seeding locations and schedules, debris basins, diversion channels.
(11)
The nature of fill material and such other information as the
administrator may require to carry out the purpose of this chapter.
(12)
The name and seal of the professional engineer who prepared
said plans, except that administrator may waive the preparation or
approval and signature by the professional engineer, an architect,
or landscape architect, only when it is self-evident that the proposed
work is simple, clearly shown on the plans submitted, creates no potential
nuisance to the adjacent property or hazardous conditions and does
not include the construction of a fill on landslide prone soils or
upon which a structure may be erected.
C.
An approved erosion and sedimentation plan will be required from
the Washington County Conservation District to include existing site
description of the topography, drainage, cover and soils; major problems
such as soil limitations, erosions and sediment potential and surface
runoff changes; and recommendations to minimize soil limitations,
erosion and sediment and surface water disposal problems.
D.
An NPDES Permit from the PA DEP may be required dependant upon the
size of the site and amount of land disturbance.
E.
Trees and natural ground cover shall be retained wherever possible
to minimize the impact of the development on the site and environment.
A.
The administrator shall require that a geotechnical engineering report
be submitted by the applicant if the site is, has been, or is likely
to become hazardous to persons or property. The overlay map such as
the Coal Resources Maps prepared by the USGS, 1975, for the Greater
Pittsburgh Region shall be used to locate hazardous areas. The report
shall contain a detailed description of the geological conditions
of the site and shall include conclusions and recommendations that
will demonstrate the relationship of the geological conditions to
the proposed development, including hazardous conditions, water resources,
mineral resources and environmental impact.
B.
In special cases, when grading occurs in areas of landslide-prone
soil, or rock-fall-prone areas as recognized by the soil survey, or
other standard surveys, the administrator may require special precautions
prior to issuing a permit from the applicant. The results of all soil
tests and core borings made relative to the site shall be submitted
to the administrator.
C.
The administrator may deny a grading permit if the use of land to be graded, either excavating or filling, is not specifically known except for the intent improving the site. The administrator shall review the application, plans, specifications and reports and determine whether the project will improve the site, is in the best interest of the Township, and is not detrimental to the environment. The applicant may appeal the administrator's decision to the Board of Supervisors by preparing a site plan showing the development of the land in accordance with Chapter 270, Subdivision and Land Development.
D.
When the requirements of this chapter for obtaining a permit have
been met, the administrator shall approve the application and proposed
plan and grant a grading permit to the applicant.
E.
The administrator may waive the requirement of any or all plans and specifications listed in this chapter if he finds that the information on the application is sufficient to show that the work will conform to the provisions of this chapter. The said agreement may be incorporated in the developer's agreement as required in Chapter 270, Subdivision and Land Development.
In the event that the applicant will move or grade an area of more than 50,000 square feet, or grade more than 10,000 cubic yards, then the formal agreement may be required by the Board of Supervisors, and said agreement will be prepared by the applicant at his own cost and expense and must be approved as to form by the Township Solicitor. The said agreement may be part of, and incorporated in, a developer's agreement as required by Chapter 270, Subdivision and Land Development.
Every grading permit shall expire and become null and void if
the work authorized by said permit has not been commenced within six
months or is not completed within one year from the date of issue,
provided that the administrator may, if the permit holder presents
satisfactory evidence that unusual difficulties have prevented work
being started or completed within the specified time limits, grant
a reasonable extension of time, and provided further, that the application
for the extension of time is made before the date of expiration of
the permit.
A.
If the administrator shall determine that the 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
administrator shall consider, among other relevant factors, the following:
possible saturation by rains, earth movements, surface water runoff,
and subsurface conditions such as the stratification and faulting
of rock, aquifers, mine conditions, springs and the nature and type
of the soil and rock.
B.
Any person who is aggrieved by the application of the provisions
of this chapter may, within 15 days from the date of the denial of
the permit or such other adverse determination by the administrator,
file a written appeal therefrom to the Board of Supervisors. The Board
of Supervisors shall grant a hearing upon such an appeal within 30
days after the receipt of the written appeal.
C.
If any appeal is taken from the issuance of a building permit where grading permit has also been issued, and if such an appeal shall, pursuant to the provisions of Chapter 320, Zoning, operate as a stay of all proceedings under any such building permit, then such appeal shall also operate to stay all proceedings under any such grading permit.
A.
The administrator shall make the inspections thereinafter required
and shall either approve that portion of the work which has been completed
or notify the permit holder wherein the same fails to comply with
the provisions of this chapter.
B.
Grading and drainage plans approved by the administrator shall be
maintained at the site during the progress of the grading and drainage
and until the work has been approved.
C.
The permit holder shall submit to the administrator an as-built drawing
of the project before the issuance of the grading certificate of completion.
D.
The permit holder shall notify the administrator in order to obtain
inspections in accordance with the following schedule and such notification
shall be made by the permit holder at least 24 hours before the inspection
is made:
(1)
Initial inspection. When work is about to be commenced and stakeout
is completed.
(2)
Rough grading. When all rough grading has been completed.
(4)
Additional inspection. When in the opinion of the administrator other
inspections are necessary.
(5)
Final inspection. When all work, including the installation of all
drainage, landscaping and other structures have been completed.
E.
If at any stage of the work the administrator shall determine by
inspection that the nature of this excavation or fills is such that
further work is authorized by an existing permit is likely to endanger
property, or streets, or alleys, or create hazardous conditions, the
administrator may 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 such likelihood of danger.
Any physical changes from the original plan uncovered in the
site during the construction, such as surface water drainage, soil
and bedrock dislocations, alteration of groundwater discharge or any
other natural or man-made modification which would tend to 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.
A.
At the time of the application, the applicant shall pay an application
review fee to cover the Township cost of reviewing application documents.
Any additional charges incurred by the Township to review the application
of an excavation 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.
B.
Fees for review of application and inspections of regular grading
permits shall be in accordance with the schedule set forth in the
applicable resolution of the Board of Supervisors.
C.
Fees for review of application and inspections of engineered grading
permits shall be in accordance with the schedule set forth in the
applicable resolution of the Board of Supervisors.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Inspection fee. An inspection fee equal to 2% of the total estimated
cost of the grading work, control facilities and landscaping shall
be collected by the administrator prior to the issuance of the grading
permit. A minimum fee as set by resolution of the Township Board of
Supervisors shall be charged. Inspection costs incurred by the Township
in excess of the initial fee collected shall be paid for by the applicant
prior to the final inspection of the work.
D.
The plan checking fee for an amendment to a grading permit authorizing
additional work to that under a valid permit shall be the difference
between such fee paid for the original permit and the fee required
for the entire project; however, a minimum fee as set by resolution
of the Township Board of Supervisors will be charged.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Should the work require 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 of pavements, curbs and sidewalks damaged during
the grading operation.
F.
As a condition of approval of an engineered grading permit under
this chapter, the applicant shall post a cash or performance bond
or other security acceptable to the Township in the amount of 50%
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 accepted as reasonable by
the administrator. The administrator shall be the final arbiter as
to the reasonableness of any cost estimates.
G.
Upon completion of the grading under an engineered grading permit,
a maintenance bond in the amount of 15% of the cost estimated shall
be posted (payable to Cross Creek Township) for a period of 18 months.
H.
No bond shall be required if another bond or approved security is
posted for construction and/or site improvements which already covers
the cost of grading and other control facilities.
If, upon final inspection of the site for which a permit has
been issued, it is found that the work authorized by the grading permit
has been satisfactorily completed in accordance with the requirements
of this chapter, a grading certificate of completion covering such
work and stating that the work is approved shall be issued to the
permit holder by the administrator.
A.
The owner of any property on which an excavation or fill has been
made shall maintain good condition and repair the excavation or fill
permitted and also all retaining walls, cribbing, drainage structures,
fences, ground cover, and other protective devices as may be a part
of the permit requirements.
B.
The continued use of said area shall be contingent upon the proper
maintenance and upkeep of all of the above-mentioned items, satisfactory
to the Township and subject to such further conditions as the Township
may prescribe from time to time to keep the site in proper condition.
C.
The grading certificate of completion may be revoked by the Township
Board of Supervisors at any time, upon recommendation of the administrator,
where the conditions of the permit are not being observed, the work
covered by the permit has been materially extended or altered without
a 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 a defect or unsatisfactory condition is remedied, the
certificate shall be revoked. If the defect or unsatisfactory condition
is remedied within 30 days of notice to the permit holder to correct
the same, the certificate shall not be revoked.
D.
If the permit holder shall fail to correct such defect or unsatisfactory
condition within such thirty-day period, the Township may undertake
the necessary work and the cost thereof shall be borne by the permit
holder and collected in any manner authorized by law, including the
imposition of a lien against the property.
A.
Whenever the administrator determines that any existing excavation,
embankment or fill has become a hazard, as defined in this chapter,
the owner of the property upon which the grading is located, or other
person or agent in control of said property, upon receipt of notice
in writing from the administrator shall, within the time specified
in such notice, repair, reconstruct or remove such excavation, embankment,
or fill so as to eliminate the hazard.
B.
If the permit holder shall fail to correct such hazardous or unsatisfactory
condition within the specified time period, the Township may undertake
the necessary work and the costs thereof shall be borne by the permit
holder and collected in any manner authorized by law, including an
imposition of a lien against the property.
C.
Any excavation not completed within 180 days from the date of initial
grading shall constitute a nuisance and a hazard.
D.
The property owner shall restore, repair, reconstruct or remove such
excavation, embankment or fill as directed by the administrator within
30 days of receipt of said written notice.
The following working conditions apply to all grading sites:
A.
Dust control. During grading operations, acceptable measures for
dust control will be exercised.
B.
Protection of public facilities. All public utilities and roadways
shall be protected in the design of and during the grading operation.
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 onto the public
roadways.
C.
Cleanup. 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 be responsible to protect and clean up
lower properties of silt and debris, which have been washed down into
the lower properties as a result of the grading work on higher properties.
D.
Workdays. None of the work or activity covered by a grading permit
shall be conducted on a Sunday or legal holiday without the approval
of the Supervisors.
E.
Work hours. All of the work and activity covered by a grading permit
shall be conducted between the hours of 7:00 a.m. and 6:00 p.m., prevailing
time, unless time limits are extended, excused or otherwise modified
by the Board of Supervisors.
A.
Live stream crossings. Grading equipment will not be allowed to cross
live streams. Provisions will be made for the installation of culverts
or bridges for such crossings. Permits shall be obtained from the
Pennsylvania Department of Environmental Protection for temporary
and permanent encroachments, relocations, enclosures and temporary
crossings of streams.
B.
Excessive slopes. Grading on excessive slopes shall be avoided so
as to minimize erosion and storm runoff, to protect watersheds, to
discourage erosion of soils by maintaining adequate foliage cover
on excessive slopes, and to promote the perpetuation of open space
on hillsides. The areas considered to have excessive slope may be
revised or modified by the Board of Supervisors where studies or information
provided by a qualified agency or person documents the need or possibility
for such revision.
A.
All topsoil shall be removed from the area to be graded and stockpiled
and preserved for possible reuse on the site.
B.
Maximum slope steepness of a cut shall be no greater than two horizontal
to one vertical for minimizing erosion and landslide hazards. However,
a governmental review agency, professional engineer, soils engineer
or engineering geologist may determine the types of soil on the sites
to be graded from the soil survey, geological surveys or core borings.
Maximum slopes can then be determined as follows:
(1)
Landslide-prone solids or unstable rock formations where existing
slopes are greater than 25% shall have proposed cut slopes no steeper
than three horizontal to one vertical.
(2)
Landslide-prone soils where existing slopes are less than 25% shall
have proposed cut slopes no steeper than two horizontal to one vertical.
(3)
Soils which are not or have low probability of being landslide-prone
shall have a slope no steeper than 1 1/2 horizontal to one vertical.
C.
Cut slopes up to one horizontal and one vertical may be allowed under
a grading permit, provided that two or more of the following conditions
are satisfied:
(1)
The material in which the excavation is made is stable to sustain
a slope steeper than the slope specified above for the recognized
soil conditions on the site. An acceptable geological report, signed
and sealed by a soils engineer, certifying that the steeper slope
will have sufficient stability, and that it will not endanger any
property, or result in property damage and that creation of a hazard
will be minimal, shall be submitted to and may be approved by the
administrator.
(2)
A retaining wall of other approved support, designed by the professional
engineer and approved by the administrator, is provided to support
the face of the excavation or to provide a fall zone at rock faced
slopes.
(3)
The proposed slopes demonstrated on a site plan which is presented
to the Planning Commission and the Township Board of Supervisors to
be absolutely necessary to permit the reasonable development of the
site, subject to other requirements of this chapter.
D.
The administrator may require that the excavation be designed so
that a line having a slope of two horizontal to one vertical measured
from the bottom of the cut slope will be entirely inside the property
lines of the property on which the excavation is made, if conditions
exist which, under applicable engineering practice the excavation
may not be deemed to be stable or safe.
E.
The 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 subject to erosion is prone
to landslides, or if other conditions exist which, under applicable
engineering practices, make such flatter cut slope necessary for stability
and safety.
F.
Excavation adjacent to any footing, foundations or structure shall
not extend below the minimum angle of repose or natural slope of the
soil under the nearest point of same unless such footing, foundation
or structure is first properly underpinned or otherwise protected
against settlement. Before commencing any excavation which will affect
physically in any way an adjoining property or structures thereon,
the permit holder shall notify, in writing, the owners of the adjoining
property or structures not less than 30 days before such excavation
is to be made informing them that excavation has been planned. A copy
of such notice(s) shall be submitted to the administrator. Adjoining
properties and structures shall be protected as provided in the Building
Code and/or as required by the administrator.
G.
The top or bottom edge of final slopes shall normally set back five
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.
A.
No person, firm or corporation may store, handle or use any explosive
in the Township of Cross Creek without first obtaining a special permit
from the administrator. The administrator shall have the authority
to impose reasonable regulations and restrictions upon the storage,
handling and use of explosives. Any violation of any regulation or
requirement imposed by the administrator or imposed under any section
of this chapter shall be grounds for the revocation of any permit
theretofore issued.
B.
All blasting which is conducted in the Township shall be in conformity
with state requirements and shall be in compliance with the Act of
July 10, 1957, P.L. 685, 73 P.S. § 164 to 168, as amended,
and the Department of Labor and Industry rules and regulations promulgated
pursuant to the aforesaid statute.
C.
The administrator shall be notified at least 24 hours prior to any
blasting.
D.
The administrator has the authority to deny a permit if they feel
it is a realistic danger, hazard or environmental concern to the surrounding
properties, residents or other entities. The administrator may require
that an embankment or fill be constructed with an exposed surface
flatter than two horizontal to one vertical if he finds that under
the particular conditions such flatter surface is necessary for stability
and safety.
A.
All topsoil shall be removed from the area to be graded and stockpiled
and preserved for possible reuse on the site.
B.
The site shall be prepared by cutting toe benches and other keyways
so as to provide a firm base on which to place the fill. No fill or
embankment shall be made on landslide-prone soils without adequate
engineered preparation and drainage of the area to be filled.
C.
No fill shall be made which creates any exposed surface steeper in
slope than two horizontal to one vertical, except under one or more
of the following conditions:
(1)
The fill, in the judgment of the administrator, is located so that
settlement, sliding, or erosion of the fill material will not result
in property damage or be a hazard to adjoining property, streets,
alleys, buildings, storm drains or drainageways.
(2)
Soils capability and geological report, signed and sealed by the
professional engineer, experienced in erosion control and soils analysis,
certifying that he has inspected the site and that the proposed deviation
from the slope specified above will not endanger any property or result
in property damage, and that creation of a hazard will be minimal,
shall be submitted to and may be approved by the administrator.
D.
Fills, embankments and finish grading shall be designed in accordance
with the following:
(1)
Where fills are located so that the 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 soils engineer or engineering geologist.
(2)
The type of fill material available in each stage of the grading
operation shall be determined in order to plan proper filling procedures.
(a)
Rock may be incorporated in fills and embankments but only layers
24 inches thick, maximum, as per the latest edition of Pennsylvania
Department of Transportation 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 the proposed foundations, building caissons and subsurface utility
installations. Suitable earth shall be reserved or provided to cover
rock fill under proposed seeded or planted areas.
(b)
No unsuitable material, such as coal, boney, red dog, expansive
shale and cinders, shall be placed in fill areas.
(c)
Wood and other solid waste material shall not be placed in fill
areas.
(3)
No fill of any kind shall be placed over topsoil, trees, stumps or
other material which would create a nuisance, potential fire hazard,
or sanitation problem which would attract rodents, termites or other
pests.
(4)
On major fills or embankments, a toe bench shall be constructed below
mantle on bedrock under the toe of fill.
(5)
Benching of the existing surface shall be required and indicated
on the cross sections.
(6)
A porous drain shall be installed on the bottom and back wall of
the toe bench; together with a drain pipe and suitable discharge pipe
to the existing nonerosive surface beyond and below the toe of the
proposed fill.
(7)
Overfilling the slopes is desirable to permit the final shaping of
the surface to proposed grade without the addition of loose fill over
the surface of the slope, provided that no fill shall be higher than
10 feet vertically before the slope is shaped to proper grade.
(8)
At the end of each workday, the horizontal surface of the fill shall
be shaped, compacted and rolled to provide for drainage.
(9)
All fills shall be compacted to provide stability of materials and
to prevent undesirable settlement. The fill (excepting rock) shall
be spread in a series of layers, each not exceeding 12 inches in thickness,
and shall be compacted by a sheepsfoot roller or other approved method
after each layer is spread. Fill shall be placed at the optimum moisture
content for the specified degree of compaction. The administrator
may require tests or other information if, in his opinion, the conditions
or materials are such that additional information is needed. Where
fills are to have streets, structures, or public utilities placed
in or on them, a modified proctor density of 95% shall be achieved
(ASTM Test Designation D 1557).
(10)
The top or bottom edge of the final slopes shall be set back
five feet from adjacent property lines or street right-or-way lines
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.
A.
All grading shall be done in conformity with the requirements of
the Pennsylvania Department of Environmental Protection (25 Pa. Code
Chapter 102). Reports and plans required to be submitted to this agency
shall also be submitted to the Township when the area involved is
less than 25 acres.
B.
Guidelines for minimizing erosion and sediment contained in the "Erosion
and Sediment Control Handbook" for Washington County, Pennsylvania,
and the Department of Environmental Protection, Soil Erosion and Sedimentation
Control Manual, shall be followed. One or a combination of guidelines
shall be used to minimize hazard, depending on site conditions and
proposed grading. However, the Township Engineer may approve grading
plans not exceeding the guidelines of these handbooks of proposed
grading will not constitute a hazard.
C.
All slopes exceeding 3:1 shall be sown with crown vetch or other
approved anti-erosion vegetation.
D.
Adequate provisions shall be made to prevent surface water from damaging
the cut face of excavations and/or the sloping surface of fills. 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.
E.
Fill shall be placed and compacted so as to minimize sliding and
erosion.
F.
Care shall be taken to prevent sedimentation from entering natural
watercourses or existing channels and suitable protection shall be
provided for periods of possible flooding. Approved anti-erosion devices
shall be installed where directed to achieve this requirement.
A.
In order to prevent erosion, the permit holder shall be required
to provide adequate ground covering of such kind and character as
may be approved by the administrator.
B.
For slopes steeper than three horizontal to one vertical, the ground
covering shall be an approved variety of erosion-resistant vegetation.
C.
The completion of finish grading should be done during a season of
the year when turf or ground cover can best be established.
A.
If a retaining wall is constructed to satisfy a requirement of this
chapter, a building permit shall not be required. The grading permit
shall include the retaining wall, and the requirements for approvals
and inspections, as stated herein, shall be complied with.
B.
The retaining wall shall be designed and constructed in accordance
with sound engineering practice. The plans submitted for approval
shall bear the seal and signature of a professional engineer.
C.
The backfilling of retaining walls and the construction of subterranean
drainage facilities shall be done in accordance with sound engineering
practice.
D.
Retaining walls more than four-foot high require a building permit
and that they be designed and a drawing submitted and sealed by a
registered professional engineer. Retaining walls may not exceed 15
feet at any point above finish grade nor be more than eight feet in
height, on average, above finish grade.
E.
In general, where a wall is replacing an exposed slope, the vertical
face of the wall shall be at least three feet from the back of the
adjoining property.
(1)
This requirement may be waived by the administrator if it can be
satisfactorily demonstrated that such an exception is necessary to
insure normal use of the property.
(2)
This requirement may also be waived when the proposed retaining wall
is a joint venture between adjacent property owners and documents
evidencing the same are filed with the application for the permit.
F.
A fence not less than four feet in height, of a design approved by the administrator and meeting requirements of Chapter 320, Zoning, shall be placed at the top of all new cuts and fills made when the cuts or fill slopes are steeper than two horizontal to one vertical and also elsewhere where public safety dictates.
A.
No grading work shall be started prior to the approval of and implementation of a stormwater management plan in conformance with Chapter 257, Stormwater Management, of the Code of the Township of Cross Creek, as amended.
B.
Adequate provisions shall be made to prevent surface water from damaging
the cut face of excavations and/or adjacent properties. Interception
and diversion facilities for stormwater and surface water runoff,
both above and below the cut and fill slope areas during and after
construction shall be included in the design. As a minimum, drainage
facilities to proposed detention areas shall be designed to accommodate
the severest storm that might occur during a ten-year period.
C.
The drainage pattern prior to construction shall be indicated on
the plans. Adequate measures shall be taken to prevent any erosion
and water runoff damage to adjacent properties during the construction
and after completion of construction.
D.
Storm sewers, catch basins, drainage ditches and swales necessary
to protect adjacent properties, whether they be permanent or temporary
in nature, shall be constructed before any excavation or filling is
started. The storm sewers, catch basins, drainage ditches, and swales
shall be maintained, cleaned, cleared and open during construction.
If the above is not complied with, the administrator shall stop all
clearing and grading on the site until the necessary drainage facilities
are completed or the permit will be revoked and the required bond
forfeited.
E.
New storm sewers and utilities traversing a proposed fill area shall
be buried a minimum of three feet from top of pipe to proposed grade.
Fill shall be constructed in that area prior to installation of said
sewers and utilities. The minimum size storm sewer, exclusive of toe
or bench drains, shall be 15 inches in diameter unless a variation
in size is approved by the administrator. All storm sewers located
under pavement areas shall be reinforced concrete pipe.
F.
Slopes steeper than two horizontal to one vertical and of more than
20 feet in vertical height shall be separated by a level berm of at
least 10 feet in width at intervals of no more than 20 feet vertically
if the slope is potentially hazardous due to easily erosive material.
G.
On slopes of two horizontal to one vertical or less steep, the 10-foot
level berms will not be required unless deemed necessary by the administrator.
H.
Drainage ditches with a grade of 5% or greater shall be paved with
concrete, bituminous mixture, brick, half-pipe, rubble or other hard
nonerodable material.
I.
Drainage ditches with a grade of less than 5% shall be grassed and
sloped in such a manner that they can be conveniently cut and maintained.
J.
Drainage structures, storm sewers, detention ponds, sedimentation
ponds and appurtenances shall be of proper design and so constructed
as to carry surface water and any subsurface water encountered to
the nearest practical storm drain or natural watercourse approved
by the administrator as a safe place to deposit and receive such waters.
Approval by the administrator in no way relieves the owner of his
legal responsibilities to adjacent property owners. The owner shall
also comply with all state laws and regulations dealing with enclosing
or discharging into existing streams, channels or storm sewers.
K.
As a guide for the prevention of damage, grading plans shall follow
vegetative control methods and ditch and conduit control methods in
the Erosion and Sediment Control Handbook for Washington County, Pennsylvania.
The administrator may approve methods and materials recommended by
governmental agencies, professional engineers and architects, when
they are more suitable to the site in preventing damage. Private drainage
facilities of any nature shall be at least designed to accommodate
the largest size storm that would occur on the average of every 10
years. The site design shall provide a safe floodway for flows from
storms of greater intensity.
L.
No rock fill shall be placed around or over storm sewers or drainage
facilities other than that designed as part of the site drainage facilities.
All grading work within designated or known floodplains shall
conform to the requirements and standards of the Floodplain Ordinance,
as amended.
A.
Neither the issuance of a permit under the provisions of this chapter
nor the compliance with the provisions hereof or with any condition
imposed by the administrator hereunder shall relieve any permit holder
from any responsibility for damage to any persons or property resulting
therefrom, or as otherwise imposed by law, nor impose any liability
upon the Township, its employees, and its consultants for damages
to persons or property.
B.
The permit holder shall be fully responsible for any noncompliance
with approved plans. He shall carry the responsibility both for his
own employees and for all subcontractors from the first day of grading
until released by the Township. The use of the qualified personnel
experienced and knowledgeable in the practice of excavation and landscape
restoration shall be required.
A.
No person shall construct, enlarge, alter, repair or maintain any
grading, excavation or fill, or cause same to be done contrary to
or in violation of any provision of this chapter.
B.
When notice of any violation of, or noncompliance with, any provision
of this chapter has been given by the administrator, such violation
shall be discontinued immediately, unless the administrator has specifically
designated a reasonable time limit for compliance. Any violation which
continues after such notice shall be subject to the penalties in this
chapter.
C.
Penalties.
(1)
Any person who violates any of the provisions of this chapter may
be charged with such violation and, upon conviction thereof, shall
be sentenced to pay a fine of not more than $1,000 for each violation
or, alternatively, sentenced to pay a fine of not more than a maximum
permitted under Pennsylvania law as the same may be from time to time
amended and in effect as of the date of conviction.
(2)
Whenever any person violating any of the provisions of this chapter
is notified of such violation by the administrator by service, summons
or any other manner, each day or portion thereof a violation occurs
or continues shall constitute a separate violation.
D.
In addition to the above-stated violations and penalties, the Township
may seek remedies and penalties under applicable Pennsylvania statutes
and regulations.
In case any work is performed by any person in violation of
any of the provisions of this chapter, the proper officers of the
Township, is addition to other remedies, may institute in the name
of the Township an appropriate action or proceeding, whether by legal
process or otherwise, to prevent such unlawful work and to restrain
or abate such violation.
