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:
ADMINISTRATOR
The Township Director of Operations or his authorized representative.
APPLICANT
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.
ARCHITECT
A registered architect, licensed as such in the Commonwealth
of Pennsylvania.
BEDROCK
Natural rock layer, hard or soft, in place at ground surface
or beneath unconsolidated surficial deposits.
ENGINEER
A registered professional engineer, licensed as such in the
Commonwealth of Pennsylvania and knowledgeable in civil engineering.
EXCAVATION
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.
FILL
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.
GRADE
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.
GRADING PERMIT
Any permit required pursuant to the provisions of this chapter.
HAZARD
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.
LANDSCAPE ARCHITECT
A landscape architect licensed as such in the Commonwealth
of Pennsylvania.
PERMIT HOLDER
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.
PERSON
A natural person, but also includes a partnership, corporation,
trust, association or any type of legal entity.
RETAINING WALL
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.
SITE
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.
SOILS ENGINEER
A registered professional engineer, licensed as such in the
Commonwealth of Pennsylvania and having training and experience in
the branch of soils engineering.
SOILS SURVEY
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.
SOLID WASTE
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.
TOWNSHIP
The Township of North Franklin.
ZONING OFFICER
The designated official appointed by the Board of Supervisors, whose duty it shall be to administer this chapter and Chapter
460, Zoning.
ZONING ORDINANCE
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
|
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.
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.