[Ord. 162, 8/23/1988, Art. I, § 101; Ord. No. 81, 11/27/2018]
The purpose of this Chapter is:
1.
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, excavations
and fills.
2.
To establish performance standards which insure land use practices
respectful of the natural topography and capabilities of the land.
3.
To encourage maximum retention of natural topography and vegetative
features on hillsides.
4.
To prevent earthflow and rockfall landslides.
5.
To encourage imaginative and innovative site development and building
design that adapts to, and takes advantage of the best use of the
natural terrain.
[Ord. 162, 8/23/1988, Art. I, § 102; Ord. No. 381, 11/27/2018]
1.
This Part 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 Part.
2.
The Township Board of Supervisors shall designate an Administrator
for review, approval and granting of grading permits and to make inspections
of the grading work.
3.
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.
4.
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 grading of the entire parcel are satisfactory to
and approved by the Administrator.
5.
An approved site plan, a building permit or both are prerequisite
to the granting of any grading permit.
6.
All grading, excavation and fills, whether or not a grading permit
is required, shall conform to the provisions of this Part.
[Ord. 162, 8/23/1988, Art. I, § 103; Ord. No. 381, 11/27/2018]
1.
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 cover a surface area of less than 5,000 square feet, provided that the surfaces 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 Part, 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 four 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 Part, 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
|
Maximum Gradient Without Permit
|
Maximum Excavation or Fill Without Permit, Exclusive of Basements
and Foundations
|
|---|---|---|
|
Less than 10,000 square feet
|
15 in 100 feet
|
100 cubic yards
|
|
10,000 to 24,000 square feet
|
15 in 100 feet
|
200 cubic yards
|
|
24,000 to 44,000 square feet
|
15 in 100 feet
|
250 cubic yards
|
|
Over 44,000 square feet
|
20 in 100 feet
|
250 cubic yards
|
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 a public street or alley,
Township park, playground or recreation area or on other Township
property.
J.
Landscaping for single-family homes, accepted agricultural land management
practices such as plowing, nursery operations, removal and/or transplanting
of cultivated sod, shrubs and trees cutting at or above existing ground
and logging operations leaving the stump, ground cover and root mat
intact.
[Ord. 162, 8/23/1988. Art. II, § 202; Ord. No. 381, 11/27/2018]
1.
ADMINISTRATOR
APPLICANT
ARCHITECT
BEDROCK
BUILDING CODE
EROSION
EXCAVATION
FILL AND EMBANKMENT
FLOODPLAIN
GEOTECHNICAL ENGINEERING REPORT
GRADE
GRADING
GRADING PERMIT
GRADING, ENGINEERED
GRADING, REGULAR
HAZARD
LANDSCAPE ARCHITECT
LANDSLIDE-PRONE SOILS
PERMIT HOLDER
PROFESSIONAL ENGINEER
RETAINING WALL
SITE
SLOPE
SLOPE STABILITY ANALYSIS
SOIL SURVEY
SOILS ENGINEER
SOLID WASTE
STEEP SLOPES
STORMWATER MANAGEMENT
SUBDIVISION ORDINANCE
ZONING ORDINANCE
Unless otherwise expressly stated, the terms and words shall, for
the purpose of this Part, 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."
The person qualified and officially appointed by Board of
Supervisors to manage this Part, 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 Part.
A registered architect licensed as such in the Commonwealth
of Pennsylvania.
Natural rocklayer, hard or soft, in place at ground surface
or beneath unconsolidated surficial deposits.
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.
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 in conformance with applicable geotechnical standards
prepared by a professional engineer.
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 provisions of this Part.
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 professional engineer, soils
engineer or engineering geologist.
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.
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 Part.
A registered professional engineer in the Commonwealth of
Pennsylvania, and knowledgeable in civil and geotechnical engineering.
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 standards set forth in this Part, 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 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 the ratio of the horizontal to the
vertical, or in percentage of slope (rise or fall per 100 feet).
The slope stability analysis will be limit-equilibrium analysis,
with appropriate drainage conditions and shear strengths, performed
by a professional engineer licensed in the Commonwealth of Pennsylvania.
The Soil Survey of Greene and Washington Counties, Pennsylvania,
as prepared by the USDA Soil 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 engineering.
Any and all parts or combination of ashes, garbage, refuse,
radioactive material, combustible demolition materials and industrial
wastes such as food processing wastes, wood, plastic, metal scrap,
and other such materials whose disposal is regulated by the Pennsylvania
Department of Environmental Resources.
Or excessive slopes can be defined as slopes where, in a
100-foot horizontal distance, the average slope exceeds 25%.
The control of surface water run-off as regulated by Chapter 26 of the Township of North Strabane Code of Ordinances.
The Subdivision and Land Development Ordinance as amended, being Chapter 22 of the Township of North Strabane Code of Ordinances.
The Zoning Ordinance, as amended, being Chapter 27 of the Township of North Strabane Code of Ordinances.
[Ord. 162, 8/23/1988, Art. III, § 301, Ord. No. 381; 11/27/2018]
1.
Every applicant for a grading permit shall file a written application,
plans, specifications and a soil conservation report therefor 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:
A.
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.
B.
State the estimated dates for the starting and completion of grading
work.
C.
State the purpose for which the grading application is filed.
D.
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.
2.
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:
A.
The name of the applicant.
B.
The name of the owner of the land.
C.
The permission and approval of the owner of the property if the applicant
is an agent or tenant.
D.
Accurate location by lot, block, tract, street address, a location
map or other similar information.
E.
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%.
F.
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.
G.
A plot plan showing the location of the grading boundaries, lot lines,
neighboring streets, or ways, buildings, surface and subsurface utilities
and waterways, drainage patterns, and sufficient dimensions and other
data to show all work.
H.
A description of the type and classification of the soil from the
Soil Survey, other standard surveys, or from other methods.
I.
Details and location of any proposed drainage, stormwater management
structures and pipes, walls and cribbing.
J.
Seeding locations and schedules, debris basins, diversion channels.
K.
The nature of fill material and such other information as the Administrator
may require to carry out the purpose of this Part.
L.
The name and seal of the professional engineer who prepared said
plans.
M.
Slope Stability Analysis. The slope stability analysis shall include
but is not limited to the following basic data.
(1)
An assessment of geologic characteristics and engineering properties
of soils, sediments, and/or rock present within the project area.
(2)
Accurate cross sections and slope geometry derived from topographic
surveys and design plans for natural and constructed slopes.
(4)
An assessment of the effect that the proposed construction and
the placement of structures will have on the slope over the estimated
life of the structure.
(5)
A quantitative analysis of slope stability or slope stability
modeling including all existing slopes, modified slopes and proposed
new slopes.
(6)
Slope stability shall be evaluated using conventional limit
equilibrium methods, and analyses should be performed using a state-of-the-practice
slope stability computer program such as the most current versions
of Slope/W® (Geo-Slope International),
Slide® (Rocscience, Inc.), GSTABLE
with STEDwin (Gregory Geotechnical Software) and/or ReSSA® (ADAMA Engineering, Inc.) or equal software.
Software shall be approved by the Administrator.
(7)
An assessment of any potential landslide hazards including a
description of the run-out hazard of landslide debris to the proposed
development that starts upslope (whether part of the subject property
or on a neighboring property) and/or the impacts of landslide run-out
on downslope properties.
(8)
A minimum factor of safety for all permanent slopes shall be
1.5 and for all temporary slopes shall be 1.3.
3.
A soil conservation report shall be required and 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.
4.
Trees and natural ground cover shall be retained wherever possible
to minimize the impact of the development on the site and environment.
5.
Provisions of the Subdivision and Land Development and the Stormwater
Management Ordinances are incorporated herein by reference.
6.
Utility Relocation. The applicant shall remove and relocate any existing
utilities from any steep slope greater than (3:1). No proposed utilities
will be permitted in a slope that is greater than 3:1.
[Ord. 162, 8/23/1988, Art. III, § 302; Ord. No. 381, 11/27/2018]
1.
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 maps such
as the Coal Resource Maps prepared by 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.
2.
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.
3.
The Administrator may deny a grading permit if the use of land to
be graded, either excavation or filling, is not specifically known
except for the intent of 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 and submitting to the Board of Supervisors a site plan
showing the development of the land in accordance with the Subdivision
and Land Development Ordinance.[1]
4.
When the requirements of this Part for obtaining a permit have been
met, the Administrator shall approve the application and proposed
plan and grant a grading permit to the applicant.
5.
The Administrator may waive the requirement of any or all plans and
specifications listed in this Part, if he finds that the information
on the application is sufficient to show that the work will conform
to the provisions of this Part. The said agreement may be incorporated
in the developer's agreement as required in the Subdivision and
Land Development Ordinance.
6.
The administrator will require a slope stability analysis based on
the following guidelines:
A.
Slope greater than 3H:1V are considered to be a steep slope and will
require a slope stability analysis as defined herein.
B.
Ground areas having a slope of three (horizontal) to one (vertical)
(3H:1V) or flatter are generally considered inherently stable and
do not generally require a slope stability analysis; however, the
administrator may require the analysis based on the following:
(1)
Fill slope that do not support structures with side slopes of
3H:1V or flatter will not require a project specific slope stability
evaluation. Exceptions would include embankments constructed from
highly plastic soils, soft subgrade conditions (deep organics, peat,
diatomaceous soils, etc.), slopes subject to inundation, or other
cases where, in the Township Administrator's judgement, analysis
is warranted.
(2)
Cut slopes, excavations at 3H:1V or flatter in uniform native
soils will not require site-specific evaluation. Layered formations,
over consolidated clay soils, and colluvium (landslide debris) would
be notable exceptions, or other cases where, in the Township Administrator
judgement, analysis is warranted.
7.
Under no circumstances will the administrator allow a slope that
is greater than two (horizontal) to one (vertical) (2H:1V) to be constructed.
[Ord. 162, 8/23/1988, Art. III, § 303; Ord. No. 381, 11/27/2018]
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 a 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 a part of, and incorporated in, a developer's
agreement as required by the Subdivision Ordinance.[1]
[Ord. 162, 8/23/1988, Art. III, § 304; Ord. No. 381, 11/27/2018]
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.
[Ord. 162, 8/23/1988, Art. III, § 305; Ord. No. 381, 11/27/2018]
1.
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 or rock.
2.
Any person who is aggrieved by the application of the provisions
of this Part 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.
3.
If any appeal is taken from the issuance of a building permit where
a grading permit has also been issued and if such appeal shall, pursuant
to the provisions of the Zoning Ordinance,[1] 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.
[Ord. 162, 8/23/1988, Art. III, § 306; Ord. No. 381, 11/27/2018]
1.
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
provisions of this Part.
2.
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.
3.
The permit holder shall submit to the Administrator an "as built"
drawing of the project before the issuance of a grading certificate
of completion.
4.
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 48 hours before the inspection
is made:
A.
Pre-Construction Meeting. The developer must schedule a pre-construction
meeting with the Administrator. No work can commence until the pre-construction
has been held.
B.
Initial Inspection. When work is about to commence and stake out
is complete.
C.
Periodic Inspection. As determined by the administrator, but not
less than one site visit per week.
D.
Rough Grading. When all rough grading has been completed.
F.
Final Inspection. When all work, including the installation of all
drainage, landscaping and other structures has been completed.
5.
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 as authorized by an existing permit is likely to endanger
any 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.
6.
All grading and fill shall be inspected by a qualified soil technician
from an established construction material testing (CMT) or engineering
firm with a minimum of five years' field inspection experience.
The CMT or engineering firm shall prepare daily field inspection reports
during the placement, excavation, and compaction of all fill. The
inspection reports shall include the location of fill being placed,
the depth of fill placed and the location and results of field compaction
tests to verify and confirm the placed fill has been compacted to
the required compaction levels in accordance with the recommendations
in the geotechnical report. The inspection reports and compaction
test results shall be reviewed by a licensed professional engineer
under full time employment by the CMT or engineering firm. The licensed
professional engineer shall provide to the Township a letter of compliance,
signed and sealed by the licensed professional engineer confirming
all grading and fill operations were placed and compacted in accordance
with the recommendations of the geotechnical report. The letter shall
also include a copy of all field inspection reports and compaction
test results.
7.
No work shall be performed without the presence of a qualified field
inspector.
[Ord. 162, 8/23/1988, Art. III, § 307; Ord. No. 381, 11/27/2018]
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.
[Ord. 162, 8/23/1988, Art. III, § 308; Ord. No. 381, 11/27/2018]
1.
At the time of 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.
2.
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.
3.
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.
A.
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 a grading
permit. A minimum fee of $50 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 final inspection of the work.
4.
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 of $25 will be charged.
5.
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.
6.
Upon completion of the grading under an engineered grading permit, a maintenance bond in amount of 15% of the cost estimated as determined in § 9-112(5) shall be posted (payable to North Strabane Township) for a period of 18 months.
7.
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.
8.
As a condition of approval of an engineered grading permit under
this Part, the applicant shall post a cash or performance bond or
other security acceptable to the Township in the amount of 110% 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 Part 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.
[Ord. 162, 8/23/1988, Art. III, § 309; Ord. No. 381, 11/27/2018]
1.
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 Part, 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.
2.
Based on the receipt of the following:
[Ord. 162, 8/23/1988, Art. III, § 310; Ord. No. 381, 11/27/2018]
1.
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 other protective devices as may be a part
of the permit requirements.
2.
The continued use of said area shall be contingent upon the proper
maintenance and upkeep of all 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.
3.
The grading certificate of completion may be revoked by the Township
Board of Supervisors at any time, upon the 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 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 same, the
certificate shall not be revoked.
4.
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 costs 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.
[Ord. 162, 8/23/1988, Art. III, § 311; Ord. No. 381, 11/27/2018]
1.
Whenever the Administrator determines that any existing excavation,
embankment or fill has become a hazard, as defined in this Part, 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.
2.
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.
3.
Any excavation not completed within 180 days from the date of initial
grading shall constitute a nuisance and a hazard.
4.
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.
[Ord. 162, 8/23/1988, Art. III, § 312; Ord. No. 381, 11/27/2018]
1.
The following working conditions will 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.
Clean-Up. 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 washed down into the
lower properties as a result of the grading work on higher property.
D.
Work Days. 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 these time limits are extended, excused or otherwise
modified by the Board of Supervisors.
[Ord. 162, 8/23/1988, Art. III, § 313; Ord. No. 381, 11/27/2018]
1.
Live Stream Crossings. Grading equipment will not be allowed to cross
live streams. Provision will be made for the installation of culverts
or bridges for such crossings. Permits shall be obtained from the
Pennsylvania Department of Environmental Resources for temporary and
permanent encroachments, relocations, enclosures and temporary crossings
of streams.
2.
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.
[Ord. 162, 8/23/1988, Art. IV, § 401; Ord. No. 381, 11/27/2018]
1.
All topsoil shall be removed from the area to be graded and stockpiled
and preserved for possible re-use on the site. However, at no time
should topsoil or rock be disposed of upon the slope of the development
without said request specifically given written approval by the Township
Administrator. All excavated materials from foundation construction
must be placed in engineered fill and not wasted freely on engineering
graded slopes.
2.
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 excavation is 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.
3.
The top or bottom edge of final slopes shall normally set back 10
feet from adjacent property lines, street right-of-way lines, or edge
of bufferyard in order to permit the normal rounding of the edge without
encroaching on the abutting property or bufferyard.
[Ord. 162, 8/23/1988, Art. IV, § 402; Ord. No. 381, 11/27/2018]
1.
No person, firm or corporation may store, handle or use any explosive
in the Township of North Strabane 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 Part shall be grounds for the revocation of any permit theretofore
issued.
2.
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. § 164-168, as amended,
and the Department of Labor and Industry Rules and Regulations promulgated
pursuant to the aforesaid statute.
3.
The Administrator shall be notified at least 24 hours prior to any
blasting.
[Ord. 162, 8/23/1988, Art. IV, § 403; Ord. No. 381, 11/27/2018]
1.
All topsoil shall be removed from the area to be graded and stockpiled
and preserved for possible re-use on the site. However, at no time
should topsoil or rock be disposed of upon the slopes of the development
without said request specifically given written approval by the Township
Administrator. All excavated materials from foundation construction
must be placed in an engineered fill and not be wasted freely on engineering
graded slopes.
2.
Fills, embankments and finish grading shall be designed in accordance
with the following:
A.
Where fills are located so that 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.
B.
The type of fill material available in each stage of the grading
operation shall be determined in order to plan proper filling procedures:
(1)
No unsuitable material, such as coal, boney, red-dog, expansive
shale and cinders, shall be placed in fill areas.
(2)
Wood or other solid waste material shall not be placed in fill
areas.
(3)
Pieces of rock or boulders having a thickness of more than six
inches or a cross-sectional area in any plane of more than 1 1/2
square feet shall not be permitted.
C.
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.
D.
On major fills or embankments, a toe bench shall be constructed below
mantle on bedrock under the toe of fill.
E.
Benching of the existing surface shall be required and indicated
on the cross-sections.
F.
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.
G.
Overfilling of slopes is desirable to permit final shaping of 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.
H.
At the end of each work day, the horizontal surface of the fill shall
be shaped, compacted and rolled to provide for drainage.
I.
All fills shall be compacted to provide stability of materials and
to prevent undesirable settlement. The fill shall be spread in a series
of layers, each not exceeding six inches in thickness, and shall be
compacted by a sheeps foot 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).
J.
The top or bottom edge of final slopes shall be set back 10 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 allow for location of proper drainage
facilities and protective devices.
[Ord. 162, 8/23/1988, Art. IV, § 404; Ord. No. 381, 11/27/2018]
1.
Guidelines for minimizing erosion and sediment of the Soil Conservation
Service should be followed. One or a combination of guidelines should
be used to minimize hazards, depending on the site conditions and
the proposed grading.
2.
The Administrator may approve grading plans not meeting the above
guidelines if the proposed grading plans are approved by the Washington
County Soil Conservation Service.
[Ord. 162, 8/23/1988, Art. IV, § 405; Ord. No. 381, 11/27/2018]
1.
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.
2.
For slopes steeper than three horizontal to one vertical, the ground
covering shall be an approved variety of erosion-resistant vegetation.
3.
The completion of finish grading should be done during a season of
the year when turf or ground cover can best be established.
[Ord. 162, 8/23/1988, Art. IV, 406; Ord. No. 381, 11/27/2018]
1.
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.
2.
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.
3.
The backfilling of retaining walls and the construction of subterranean
drainage facilities shall be done in accordance with sound engineering
practice.
4.
In general, where a wall is replacing an exposed slope, the vertical
face of the wall shall be at least three feet back from the adjoining
property.
A.
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.
B.
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.
5.
A fence not less that four feet in height, of a design approved by
the Administrator and meeting requirements of the Zoning Ordinance,
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.
[Ord. 162, 8/23/1988, Art. IV, § 407; Ord. No. 381, 11/27/2018]
1.
No grading work shall be started prior to approval of, and implementation of, a stormwater management plan in conformance with Chapter 26 of the Codified Ordinances.
2.
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 run-off,
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.
3.
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.
4.
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.
5.
Drainage ditches with a grade of 5% or greater shall be paved with
concrete, bituminous mixture, brick, half pipe, rubble or other hard
nonerodible material.
6.
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.
7.
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.
8.
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.
9.
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.
[Ord. 162, 8/23/1988, Art. IV, § 408; Ord. No. 381, 11/27/2018]
All grading work within designated or known floodplains shall
conform to the requirements and standards of the Floodplain Ordinance.
[Ord. 162, 8/23/1988, Art. V, § 501, Ord. 381, 11/27/2018]
1.
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 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.
2.
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 qualified personnel experienced
and knowledgeable in the practice of excavation and landscape restoration
shall be required.
[Ord. 162, 8/23/1988, Art. V, § 502; as amended by Ord. 240, 10/28/1997; and by Ord. No. 381, 11/27/2018]
1.
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.
2.
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 provided
in this chapter.
3.
Any person, firm or corporation who shall violate any provision of
this chapter, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. 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 that a violation
of this chapter continues or each section of this chapter which shall
be found to have been violated shall constitute a separate offense.
4.
In addition to the above stated violations and penalties, the Township
may seek remedies and penalties under applicable Pennsylvania statutes
or regulations.
[Ord. 162, 8/23/1988, Art. V, § 503; Ord. No. 381, 11/27/2018]
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, in 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.
