The purpose of this article 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. Where this chapter conflicts with Chapter
247, Grading and Excavation, the more strict of any requirements set forth in either chapter shall apply.
Except as required by Chapter
247, Grading and Excavation, a grading permit will not be required for any of the following situations:
A. When grading is limited to mining, quarrying or stockpiling of coal,
rock, sand, aggregate or clay that satisfies 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 chapter.
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 chapter. 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.
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/Code Enforcement 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 for the 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 a doubt to be cast upon the feasibility of the contents of the
original permit approval, must be reported to the Zoning/Code Enforcement
Officer in the intervening period between approval of permit and completion
of the project.
Neither the issuance of a permit under the provisions of this
article, 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.
No person shall construct, enlarge, alter, repair or maintain
any grading, excavation or fill, or cause the same to be done contrary
to or in violation of any provision of this chapter. When written
notice of any of the provisions of this chapter has been served by
the Zoning/Code Enforcement Officer on any person, such violation
shall be discontinued immediately or within a reasonable time limit
specified in such notice. If violation is not discontinued, or extends
beyond the specified time limit, the Zoning Officer shall revoke the
grading permit and the violation is subject to fine as prescribed
in this chapter.