[HISTORY: Adopted by the Board of Supervisors of the Township
of North Franklin 4-6-1999 by Ord.
No. 2-1999 (Ch. 9, Part 1, of the 1988 Code of Ordinances).
Amendments noted where applicable.]
This chapter shall be known and may be cited as the "North Franklin
Township Grading Ordinance."
The purpose of this chapter is to provide minimum standards
to safeguard persons and property and to promote the public welfare
by preventing excess erosion, hazardous rock and soil slippage, sediment
production and other soil and water management problems, and by regulating
and controlling the design, construction, quality of materials, use
location and maintenance of grading, excavation and fill.
No person shall construct, enlarge, alter or repair any grading
excavation or fill except in full compliance with all the provisions
of this chapter and after the lawful issuance of all permits required
by this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
The Township Director of Operations or his authorized representative.
A landowner or developer, as defined by the Pennsylvania
Municipalities Planning Code, Act 247 of 1968, as amended, 53 P.S.
§ 10101 et seq., who has filed an application for a permit
pursuant to this chapter.
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.
The Board of Supervisors of North Franklin Township.
A registered professional engineer, licensed as such in the
Commonwealth of Pennsylvania and knowledgeable in civil engineering.
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.
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.
A report prepared by a registered professional geological
engineer.
The Board of Supervisors of North Franklin Township.
The elevation of the existing or proposed ground surface
at the location of any proposed excavation or fill; applies to either
of the acts of excavating or filling.
Any permit required pursuant to the provisions of this chapter.
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.
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 natural person, but also includes a partnership, corporation,
trust, association or any type of legal entity.
A structure composed of concrete, steel or other approved
building material constructed for the purpose of supporting a cut
or filled embankment which would otherwise not comply with the requirements
or standards set forth in this chapter and which is more than four
feet in height as measured on the exposed vertical surface of the
wall.
A lot, tract or parcel of land, or a series of lots, tracts
or parcels of land which are adjoining and with respect to which grading
work is to be continuous and performed at the same time.
A registered professional engineer, licensed as such in the
Commonwealth of Pennsylvania and having training and experience in
the branch of soils engineering.
The survey for Washington County, Pennsylvania, and the accompanying
text, Soil Survey of Washington County, Pennsylvania, as prepared
by the USDA Natural Resources Conservation Service (NRCS), et al.
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,
etc.
Slopes where, in a 100-foot horizontal distance, the slope
exceeds 40 feet; 40%.
The Township of North Franklin.
The appointed Engineer of North Franklin Township.
The designated official appointed by the Board of Supervisors, whose duty it shall be to administer this chapter and Chapter 460, Zoning.
Chapter 460, Zoning, of the Code of the Township of North Franklin, as amended.
No person shall commence or perform any grading, excavation
and/or fill operations without first having obtained a grading permit
from the Zoning Officer on approval of the Township Engineer. A separate
grading permit shall be required for each site as follows:
A.
Any work requiring a grading permit encompassing grading, excavating
or filling over an area greater than five acres shall be submitted
to the Township Planning Commission for review and recommendation
by the Township Engineer.
(1)
One permit shall cover the grading, excavation and any fill made
on the same site.
(2)
Only one permit shall be required for the grading of a large continuous
parcel of land for a major planned development, such as a planned
residential development or a planned commercial development, when
the standards for the grading of the entire parcel are satisfactory
to and approved by the Zoning Officer.
B.
An approved site grading plan and/or a building permit, or both,
are prerequisite to the granting of any grading permit.
A grading permit will not be required, however, in any one of
the following situations, but in all other respects, the provisions
of this chapter shall apply:
A.
An excavation which does not exceed four feet in vertical depth at
its deepest point, measured from the natural ground surface, or cover
an area of more than 1,000 square feet, provided that the surfaces
of such excavation do not have slope at any point steeper than two
horizontal to one vertical.
B.
Fill which does not exceed four feet in vertical depth at its deepest
point, measured from the natural ground surface, and/or does not cover
an area of more than 1,000 square feet, provided that the surfaces
of such fills do not have a slope at any point steeper than two horizontal
to one vertical.
C.
An excavation below finished grade for basements and footings of
a building, or a one-family dwelling, swimming pool, or underground
structure authorized by a building permit; and an excavation of a
driveway between a building site and the street; provided, however,
that a permit is required for an excavation of a driveway between
the building site and the street when extreme conditions (such as
excessive cut or fill) exist.
D.
Soil excavated under the authorization of a properly issued building
permit, which is stockpiled in the same site as the excavation. If,
however, excavated material is stockpiled on a site for a period of
longer than 120 days, then a permit shall be necessary when disposing
of the fill material on a site other than where the soil is stockpiled.
E.
Work in a public street or alley or in a Township park, playground
or recreation area or any other public property.
F.
Where residential construction for single-family houses does not
fall within the limits of the table below, then a grading permit shall
be required in addition to the Building Permit:
|
Site Size
(Square Feet)
|
Gradient Does Not Exceed
|
Amount of Excavation or Fill Does Not Exceed
(Cubic Yards)
|
|---|---|---|
|
Fewer than 6,000
|
12 feet in 100 feet (12%)
|
75
|
|
6,000 to 10,000
|
15 feet in 100 feet (15%)
|
100
|
|
10,000 to 18,000
|
17 feet in 100 feet (17%)
|
200
|
|
18,000 to 30,000
|
20 feet in 100 feet (20%)
|
300
|
|
Over 30,000
|
22 feet in 100 feet (22%)
|
400
|
A.
Every applicant for a grading permit shall file a written application
with plans, specifications and a soil conservation report with the
Zoning Officer on a form prescribed by the Township. The application
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 grading
work.
(3)
State the purpose for which the grading application is filed.
(4)
State whether or not a building, structure or other improvement is
intended to be erected on the land on which the grading is to be done.
B.
Any work requiring a grading permit encompassing grading, excavating
or filling over an area greater than five acres shall be submitted
to the Planning Commission for review and recommendation by the Township
Engineer. The Zoning Officer shall then approve the application.
A.
The plans and specifications shall be prepared, signed and sealed
by a professional engineer, surveyor architect or landscape architect
and shall accurately portray and describe the site and proposed soil
erosion controls, if any. Plans shall be submitted in triplicate,
one set of which shall be of a reproducible 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 of the landowner, by affidavit.
(4)
Accurate location by lot, block, tract, street address, a location
map or other similar information.
(5)
Identify and indicate all adjoining properties and their zoning classifications.
(6)
A contour map showing the present contours of the land and the proposed
contours of the land after completion of the proposed grading at two-foot
intervals where the average slope is 15% or less, and at five-foot
intervals where the average slope exceeds 15%.
(7)
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.
(8)
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.
(9)
A description of the type and classification of the soil from the
Soil Survey, other standard surveys or other methods.
(10)
Details and location of any proposed drainage structures, pipes,
walls and cribbing.
(11)
Seeding locations and schedules, sediment basins and diversion
channels.
B.
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 pollution and surface disposal problems.
C.
If truckloads of soil are to be removed from the site, a description
of truck travel routes must be approved by the Township.
A.
The Zoning Officer 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 Coal Resource
Maps prepared by USGS [1975 for the Greater Pittsburgh Region (as
well as the NRCS Soils Survey for Washington County)] 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.
Where, owing to special circumstances and conditions, compliance
with the provisions of this chapter are not possible, the Planning
Commission may make such reasonable exceptions thereto, upon recommendation
from the Township Engineer and will not be contrary to the public
interest, and may impose such conditions as it deems necessary to
adequately protect the public interest.
C.
The Zoning Officer shall receive all applications and shall collect
all fees on behalf of the Township. The Zoning Officer shall transmit
all applications to the Township Engineer, who shall indicate his
written approval thereon.
D.
Any work requiring a grading permit encompassing grading, excavating
or filling over an area greater than five acres shall be submitted
to the Planning Commission for review and recommendation by the Township
Engineer.
A.
Every grading permit shall expire by limitation and become null and
void if the work authorized by such permit has not been commenced
within six months or is not completed within one year from the date
of issue, provided that the Board of Supervisors, acting upon the
recommendation of the Township Engineer, 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.
B.
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 ground water 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 Zoning Officer by the permit holder. If the circumstances dictate,
the Board of Supervisors shall revoke the permit or otherwise modify
the conditions upon which the permit was initially issued.
A.
Where, in the opinion of the Township Engineer, the work as proposed
by the applicant is likely to endanger any property or person or any
street or alley or create hazardous conditions, the Township Engineer
shall not approve the grading permit. In determining whether the proposed
work is likely to endanger property or streets or alleys or create
hazardous conditions, the Township Engineer shall give due consideration
to possible saturation by rains, earth movements, runoff 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 Board of Supervisors shall promptly consider appeals from the
Zoning Officer's decisions relative to this chapter and the Board
of Supervisors shall make determinations of alternate methods, standards
or materials when, in its opinion, strict compliance with the provisions
of this chapter is unnecessary. Any applicant, permit holder or person
aggrieved shall have the right to appeal within 15 days from the date
of the denial of the permit, by 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. A decision from the Board of Supervisors shall be appealed
to the Court of Common Pleas of Washington County within 30 days.
C.
Appellant shall post written notice of the public hearing on a placard
issued by the Zoning Officer and placed in a conspicuous place on
the subject property at least three days prior to the hearing.
A.
Before issuance of a grading permit, the applicant shall post all necessary bonds, in accordance with the requirements set forth in § 212-14 of this chapter.
B.
Before issuing a grading permit, the Zoning Officer shall collect
a permit fee and grading escrow based upon the volume of material
to be graded. Fees will be set by a resolution of the Board of Supervisors.
C.
The applicant will be responsible for all fees associated with the
approval of the permit; such fees to include, but not limited to,
inspection, engineering, legal and administrative.
A.
The Township Engineer shall, when requested by the permit holder,
make the inspections hereinafter 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. Where it is found by inspection that the soil or other conditions
are not as stated or shown in the application, the Township Engineer
may refuse to approve further work until approval is obtained for
a revised grading plan conforming to existing conditions.
B.
Plans for grading work bearing the stamp of approval of the Township
Engineer shall be maintained at the site during the progress of the
grading work and until the work has been approved.
C.
The permit holder shall notify the Township Engineer in order to
obtain inspections in accordance with the following schedule and at
least 48 hours before the inspection is to be made. Before calling
for any inspection, the owner shall have the property line stakes
set and sufficient grade stakes set by a registered engineer-surveyor
to enable the Engineer to verify the grading operation.
|
Type of Inspection
|
Timing of Inspection
|
|---|---|
|
Initial inspection
|
When work on the excavation or fill is about to be commenced
|
|
Rough grading
|
When all rough grading has been completed
|
|
Drainage facilities
|
When drainage facilities which connect to or shall become public
facilities are installed and before such facilities are backfilled
|
|
Special structures
|
When excavations are complete for retaining and crib walls,
when reinforcing steel is in place, and before concrete is poured
|
|
Final inspection
|
When all work, including the installation of all drainage and
other structures, has been completed
|
D.
If at any stage of the work the Township Engineer shall determine
by inspection that the nature of the formation is such that further
work, as authorized by an existing permit, is likely to endanger property
or streets or alleys or create hazardous conditions, the Township
may require, as a condition to allowing the work to be done, that
such reasonable safety precautions be taken as the Township Engineer
considers advisable to avoid such likelihood of danger. Safety precautions
may include, but shall not be limited to, specifying a flatter exposed
slope, construction of additional drainage facilities, berms, terracing,
compaction or cribbing, posting of the property or fencing off a dangerous
area.
A.
As a condition of approval of a grading application 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 Township Engineer.
The Township Engineer shall be the final arbiter as to the reasonableness
of any cost estimates.
B.
Upon completion of the job, a maintenance bond in an amount of 15%
of the cost estimated shall be posted (payable to North Franklin Township)
for a period of two years.
C.
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.
The following general working conditions will apply to all grading
sites:
A.
Dust control. During grading operations, necessary measures for dust
control will be exercised to achieve sufficient and satisfactory results.
B.
Cleanup. All soil washed or carried onto public streets during grading
operations shall be cleaned up each day; temporary driveway or road
surfaces shall be provided as soon as possible. The owner of the property
being graded shall be responsible to protect and clean up lower properties
as a result of the grading work on the higher property and to restore
to original condition.
C.
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 Board of Supervisors.
D.
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 5:00 p.m., unless
these time limits are extended, excused or otherwise modified by the
Board of Supervisors.
A.
Maximum slope steepness of a cut shall be two horizontal to one vertical
for minimizing erosion and landslide hazards. However, a governmental
review agency or a registered soils engineer may determine the types
of soil on the site from the Soil Survey, other standard surveys,
geological surveys, or core borings; maximum slopes can then be determined
as follows.
B.
Landslide prone soils or unstable rock formations where existing
slopes are less than 25% shall have proposed cut slopes no steeper
than are recommended by a registered soils engineer; a document signed
and sealed by said engineer shall be forwarded to the Township prior
to approval of the grading permit. Soil survey map symbols for landslide
prone soils are:
C.
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 soil
conditions on the site. A written statement, signed and sealed by
a registered soils 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 Officer.
(2)
A retaining wall or other approved support designed, signed and sealed
by a professional structural engineer and approved by the administrator
is provided to support the fact of excavation.
D.
The top or bottom edge of slopes shall be set back from adjacent
property lines or street rights-of-way by six feet in order to permit
the normal rounding of the edge without encroaching on the abutting
property or street.
E.
Before commencing any excavation which will in any way affect an
adjoining property or structures thereon, the person making the excavation
shall notify, in writing, the owners of the adjacent property or buildings
not less than 30 days before such excavation is to be made that the
proposed excavation is to be started. Copies of all such notices shall
be supplied to the Zoning Officer.
F.
The Zoning Officer, on recommendation of the Township Engineer, 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 unusually subject to erosion, or if other conditions
exist which, under applicable engineering practice, make such flatter
cut slope necessary for stability and safety. The Zoning Officer may
also require additional safety requirements including, but not limited
to, posting of the property, fencing off of the slopes specifying
a flatter exposed slope, construction of additional drainage facilities,
berms, terracing, compaction or cribbing, or fencing off of a dangerous
area in order to ensure safety to the community.
G.
Excavations adjacent to any footing, foundation 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.
A.
No fill shall be made in Township which creates a slope steeper than
one vertical to two horizontal. However, the Township, on the advice
and recommendation of a registered soils engineer, may impose conditions
requiring that a fill be constructed with an exposed surface flatter
than two horizontal to one vertical if the soils engineer states that,
under the particular circumstances involved, such flatter surface
is necessary for stability and for the safety of persons and property.
B.
Whenever a fill is to be made of materials other than clean soil
or earth, the grading permit shall be subject to the following additional
limitations and requirements:
(1)
Fill shall be completed within a reasonable length of time as determined
by the Township Engineer and specified on the grading permit.
(2)
Clean soil or earth shall be placed over the top and exposed surfaces
of the fill to a depth sufficient to effectively conceal all materials
used in the fill other than clean soil or earth. If the filling operation
is intermittent, the Township Engineer may require that the top and
exposed surfaces of the fill be so covered at the completion of each
lift.
(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 sanitary problem, such as decomposition, which would attract rodents,
termites or other pests.
C.
Where fills are located so that earth movement may result in personal
injury or damage to adjacent property, streets, alleys or buildings,
the buildings, the bearing value and stability of the material under
proposed fills and embankments shall be determined by subsurface investigation
performed by a registered soils professional engineer.
D.
Rock may be incorporated into fills and embankments, but only in
layers 24 inches thick, maximum, as per the latest edition of the
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 foundations, building caissons and subsurface utility
installations. Suitable earth shall be reserved or provided to cover
rock fill under proposed seeded or planted areas.
E.
No unsuitable material including, but not limited to, the following,
shall be placed in fill areas: coal, boney, red dog, expansive shale
cinders, wood or solid waste decomposable material.
F.
On major fills or embankments, a toe bench shall be constructed below
the mantle under the toe of fill. A porous drain and a discharge pipe
shall be installed on the bottom and the back wall of the toe bench.
G.
All fills and embankments shall be installed in accordance with the
requirements set forth in the latest edition of the Pennsylvania Department
of Transportation Specifications Publication 408 and any special provisions
as specified by a registered soils engineer.
H.
The top or bottom edge of final slope shall be set back at least
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 allow for location of proper
drainage facilities and protective devices.
I.
For all fills or embankments, a compaction test shall be required
at the end of each eight-inch lift, prior to the start of the next
lift of material.
A.
If a retaining wall is constructed to satisfy a requirement of this
chapter, a building permit, as provided for by other Township regulations,
shall not be required, the grading permit will apply to the retaining
wall, and the requirements for inspections, etc., as stated herein
will be complied with.
B.
Retaining walls must be designed and constructed in accordance with
sound engineering practice. The plans submitted for approval shall
bear the seal of a professional engineer.
C.
The backfilling of retaining walls and the insertion of subterranean
drainage facilities shall be done strictly in accordance with the
provisions of this chapter and the appropriate Township specifications.
D.
In general, where a wall is replacing an exposed slope, the vertical
face of the wall shall be six feet back from the adjoining property.
E.
An exception to this requirement may be applied for and granted by
the Planning Commission after approval of the Township Engineer if
it can be satisfactorily demonstrated that such an exception is necessary
to ensure normal use of the property, i.e., for a sideline driveway.
F.
The requirement of this section may also be set aside when the proposed
retaining wall is a joint venture between adjacent property owners
and appropriate documents so stating are filed with the application
for the permit.
A.
Adequate provisions shall be made to prevent surface water from damaging
the cut face of excavations and/or the sloping surface of fills and/or
adjacent properties. 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.
B.
Drainage ditches shall be constructed at the tow and top of cut and
fill slopes to divert the surface water to drainage facilities during
and after construction.
C.
Drainage ditches with a grade of 5% or greater shall be lined with
concrete, bituminous material, adequately sized rock, brick half pipe,
rubble or other hard-surface material.
D.
All methods and materials must comply with the standards and requirements
applicable to a subdivision or land development.
E.
The Zoning Officer, on written recommendation of the Township Engineer,
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 ten-year-storm
event.
A.
An erosion and sediment pollution control plan shall be submitted
which complies with all standards and requirements applicable to a
subdivision or land development.
B.
In order to prevent erosion, the permit holder shall be required
to provide adequate ground covering as specified for a subdivision
or land development.
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 shows evident signs of deterioration, erosion
or other evidence which might be detrimental to the properties above
or below the grading site, North Franklin Township, upon the recommendation
of its Engineer, may direct the property owner to take whatever necessary
remedial steps are deemed necessary to restore the grading area to
a safe condition and to do so in a reasonable period of time.
C.
If after such notification the property owner has not made the necessary
repairs within the allotted time, the Board of Supervisors may direct
Township employees to make the required repairs and the cost thereof
shall be borne by the property owner by a lien filed and provided
by law.
A.
The top and bottom edge of slopes shall be at least six feet from
adjacent property lines in order to permit the normal rounding of
the edge without encroaching on the abutting property or street.
B.
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 onto the lower properties as a result of the grading work on
the higher property and restore lower properties to their original
condition.
C.
In order to prevent the denuding of the landscape, large trees and
other natural features constituting important, physical, aesthetic
and economic assets to the impending development work shall be preserved.
D.
All buffer zones shall conform to the applicable zoning designation.
A.
Neither the issuance of a permit under the provisions of this chapter,
nor the compliance with the provisions hereof or with any conditions
imposed by the Zoning Officer or Township Engineer 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 municipality, its employees and it consultants
for damages to persons or property.
B.
The applicant 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 release by the Township. The use of qualified personnel experienced
and knowledgeable in the practice of excavation and landscape restoration
shall be required.
C.
Compliance with the requirements of this chapter shall be incumbent
upon the person performing any grading, presence or absence of an
inspector notwithstanding.
A.
Any person or partnership, corporation, association or any other
legal entity who or which shall violate any provision of this chapter
or proceed with the erection of any structures, or sell any disturbed
lot without having first complied with the provisions of this chapter,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township, shall pay a judgement of not more than
$500, plus all court costs, including reasonable attorney fees incurred
by the Township as a result thereof. For purposes of violation and
penalties the term "person" shall include the officers and directors.
No judgment shall commence or be imposed, levied or be payable until
the date of the determination of a violation by the Magisterial District
Judge. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable rules
of civil procedure.
B.
Each day that a violation continues shall constitute a separate violation
whenever such person shall have been notified by the Zoning Officer
or a Township representative, by service of a summons in a prosecution,
or in any way, that the person is committing such violation of this
chapter.
C.
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem judgment pending a final adjudication
of the violation and judgment.
D.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
In case any work is performed by any person in violation of
any of the provisions of this chapter, the proper officer of the North
Franklin Township, in addition to other remedies, may institute, in
the name of North Franklin Township, an appropriate action or proceeding,
whether by legal process or otherwise, to prevent such unlawful work
and to retain or abate such violation.
