See Chapter 247, Grading and Excavation, for specific requirements.
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.
A.
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.
B.
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 when adequate standards
or requirements for grading the parcel are approved by the Township.
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.
A.
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, within the reasonable period specified therein, repair, reconstruct
or remove such excavation, embankment, or fill so as to eliminate
the hazard.
B.
If, after such notification, the property owner has not made the
necessary repairs within the time adopted, then the Robinson Township
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.
A.
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:
(1)
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.
(2)
Be accompanied by plans and specifications prepared, signed and sealed
by a professional engineer, surveyor or architect giving a reasonable
picture of the site and proposed soil erosion controls, if any. The
Zoning Officer/Township Engineer may waive the preparation or approval
and signature by the professional engineer, surveyor, or architect
only when it is self-evident that the proposed work is simple, clearly
shown on the plans submitted, and creates no potential nuisance to
adjacent property or hazard, and does not include the construction
of a fill upon which a structure may be erected. Such plans may include
a description of the site proposed for grading; accurate location
by lot, block, tract, street address, longitude and latitude, coordinates,
a location map showing the present contours of the land and the proposed
cut or fill which show the method of benching both cut and/or fill.
In addition, a plot plan may show the location of the grading, boundaries,
lot lines, neighboring streets or ways, buildings, surface and subsurface
utilities and waterways. In addition, plans may include a description
of the type and classification of the soil from the soil survey or
better; details and location of any proposed drainage structures and
pipes, walls and cribbing; seeding locations and schedules, debris
basins; diversion channels; nature of fill material, method of placement;
type of compaction testing; and such other information as the Zoning/Code
Enforcement Officer may need to carry out the purposes of this chapter.
All plans shall be dated and bear:
(3)
State the estimated dates for the starting and completion of grading
work.
(4)
State the purpose for which the grading application is filed.
B.
To be adequate, a geological report will include 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.
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.
C.
The Zoning/Code Enforcement Officer may obtain additional Information
and reports from governmental agencies, and scientific and/or engineering
journals, if available, and professional engineers and/or professional
geologists, if necessary.
D.
In no case shall the Zoning/Code Enforcement Officer require more
than minimum adequate standards, as recommended by governmental agencies,
professional engineers or engineering geologists, and other requirements
specified in this chapter, for issuing a grading permit.
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.
A.
When the requirements of this chapter for obtaining a permit have
been met, the Zoning/Code Enforcement 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/Code Enforcement 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/Code Enforcement 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 of rock, aquifers, springs, and the nature and type of
the soil or rock.
B.
The Township Board of Supervisors shall consider, within 15 days,
appeals from the provisions of these regulations or from the denial
by the Zoning/Code Enforcement Officer/Township Engineer, and the
Township 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 of competent jurisdiction from any decision
of the governing body.
A.
The permittee or his agent shall notify the Zoning/Code Enforcement
Officer, in writing, of the start and completion of each continuous
grading operation. Notice shall be received by the Zoning/Code Enforcement
Officer at his office at least two working days before start or completion
of grading operations.
B.
Grading work at these stages or at any other time will be subject
to spot inspections at the discretion of the Zoning/Code Enforcement
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.
C.
In special cases, when grading occurs in areas of landslide-prone
soil as recognized by the soil survey or better, the Zoning/Code Enforcement
Officer/Township Engineer may require special precautions from the
grador. The results of all soil tests and core borings made relating
to the site graded shall be submitted to the Zoning/Code Enforcement
Officer/Township Engineer.
A.
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 no steeper that two horizontal to one
vertical.
B.
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:
(1)
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/Code Enforcement Officer.
(2)
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.
D.
In previously mined areas, it is the owners responsibility to insure
the structural stability and suitability of all subsurface conditions.
A.
No fill should be placed over trees, stumps or other material which
could create a hazard.
B.
All fills should be compacted to provide stability of fill material
and to prevent undesirable settlement or slippage. Compaction testing
may be required.
C.
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 filling operation
is intermittent, the top and exposed surfaces of the fill should be
so covered at the completion of each lift.
D.
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.
E.
Maximum slope steepness in fill areas should not exceed three horizontal
to one vertical.
F.
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:
A.
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 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.
B.
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 Robinson Township Board of Supervisors,
upon the recommendation of the Zoning/Code Enforcement Office and
Township Engineer, may direct the property owner to take necessary
remedial steps which may include the submission of revised plans and
specifications in accordance with sound engineering practice, to restore
the grading to a safe condition, and to do so in a reasonable period
of time.
C.
In the case of previously deep mined or surface mined property, there
may be trees or other waste materials buried in noncompliance of Township
ordinance or state law. In such a case, the landowner shall inform
the governing body and prospective buyer of the composition of the
buried waste and shall be required to remove all such materials and
restore the ground to a suitable condition that it may be developed.
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.
