This chapter shall hereafter be known and cited as the "Buffalo
Township Grading Ordinance of 2020."
The purpose of this chapter is to provide minimum standards
to safeguard persons and property, to protect and to promote the public
welfare, by preventing excess erosion, hazardous rock formations and
soil slippage, sediment production and other soil and water management
problems, and by regulating and controlling the design, construction,
quality of materials, use, location and maintenance of grading excavation
and fill.
For the purposes of this chapter, the following definitions
shall apply:
EARTH MATERIAL
Any rock, natural soil or fill, and/or combination thereof.
EXCAVATION
The mechanical removal of earth material.
FILLING
The deposition of earth material.
GRADING
Any excavating or filling or combination thereof.
PERSON
Any person, persons, partnership, business or corporation.
A grading permit will not be required for the following situations:
A. When grading is limited to mining, quarrying or stockpiling of coal,
rock, sand, aggregate or clay that satisfy requirements of regulations
of the Commonwealth of Pennsylvania.
B. When grading is limited to solid waste disposal areas or sanitary
landfills operated in accordance with the requirements, rules and
ordinances adopted by the Pennsylvania Department of Environmental
Protection.
C. When soil excavated under the authorization of a building permit
issued by the governing body is temporarily stockpiled on the same
site as excavation; provided, however, that if the material from such
excavation is thereafter to be used for fill purposes for which a
grading permit is required, such permit must be obtained prior to
such use in accordance with the requirements of this chapter.
D. Earth disturbances for the purpose of normal agricultural operations,
gardening and topsoil preparation for planting of grass or other vegetative
groundcover.
E. Earth disturbance necessary for the construction or repair of public
utilities and/or roads by public agencies, and/or Public Utility Commission–regulated
utility companies.
F. Earth disturbance necessary for the construction of aboveground swimming
pools, porches, and decks.
It shall be unlawful for any person, firm, or corporation to
undertake any earth-moving activity or stripping of vegetated ground
cover without first securing a permit, as required, pursuant to this
chapter.
Whenever any proposed activity requires building and/or driveway
permit, no such building or driveway permit shall be issued unless
the permit required hereunder has been issued. The plans and applications
required herein may be combined, when applicable, with plans and applications
materials submitted for building and/or driveway permits.
Before issuance of a grading permit, the applicant shall post
a bond, corporate surety or other approved security in the amount
of 10% of the estimated cost in excess of $5,000 of the grading work
and erosion control facilities, as determined by the Board of Supervisors,
to guarantee said work and facilities will be completed in a satisfactory
manner and meet the requirements of this chapter. No bond shall be
required if another bond or other approved security is posted for
construction and/or site improvements. When all requirements of this
permit have been met and the work has been completed in a satisfactory
manner, the full amount of security shall be returned to the person
posting said security.
Every grading permit shall expire by limitation and become null
and void if the work authorized by such permit has not been commenced
within one year or is not completed within three years from the date
of issue, provided that the governing body, acting upon the recommendation
of the Zoning Officer, may, if the permit holder presents satisfactory
evidence that unusual difficulties have prevented work being started
or completed within the specified time limits, grant a reasonable
extension of time and, provided further, that the application extension
of time is made before the date of expiration of the permit. Any physical
changes in the site such as surface water drainage, soil and bedrock
dislocations, alteration of groundwater discharge or any other natural
or man-made modification which would cause doubt to be cast upon the
feasibility of the contents of the original permit approval, must
be reported to the Zoning Officer/Code Enforcement Officer in the
intervening period between approval of permit and completion of the
project.
Neither the issuance of a permit under the provisions of this
chapter, nor the compliance with the provisions hereto or with any
condition imposed by the building official hereunder, shall relieve
any person from any responsibility for damage to persons or property
resulting therefrom, or as otherwise imposed by law, nor impose any
liability upon the Township for damages to persons or property.
In the case of any paving, filling, stripping, grading or regarding:
any disturbing, modifying, blocking, or diverting the overland or
subsurface flow or stormwater; or any construction, erection, and
installation of any dam, ditch, culvert, drainpipe, bridge, or any
other structure or obstruction affecting the drainage of any premises,
in violation of this chapter, or any regulations made pursuant hereto,
the proper Township authorities, in addition to other remedies provided
by law, may institute any appropriate action or proceedings against
the permittee and/or owner to prevent such unlawful activities; to
restrain, correct or abate such violations; to prevent the use of
the applicable premises; to prevent any illegal act, conduct of business
or use in or about such premises. In addition, upon the failure of
any permit holder to complete the control measures specified in approved
application, the Township may, after revoking such permit, proceed
to complete such measures itself, and recover the cost thereof from
the permittee and/or owner.
This chapter shall be effective immediately.