A.
It shall be unlawful for any person to undertake or to cause to be
undertaken any land disturbance activity anywhere within the Township
of Penn unless a permit has been obtained from the Code Official.
B.
If a point source discharge will not occur, a land disturbance permit
will not be required in the following situations:
(1)
An excavation which does not exceed five feet in vertical depth at
its deepest point measured from the natural ground surface if the
grading does not cover an area more than 20% of the site, does not
exceed 6,000 square feet, or does not exceed 250 cubic yards. This
exception shall not affect the applicability of this chapter or the
requirement of a grading permit for any fill made with the material
from such excavation, unless such fill is within the following subsection.
(2)
A fill which does not exceed five feet in vertical depth at its deepest
point measured from the natural ground surface if the grading does
not cover an area more than 20% of the site, does not exceed 6,000
square feet, or does not exceed 250 cubic yards, provided that the
surfaces of such fills do not have a slope at any point steeper than
five horizontal to one vertical.
(3)
An excavation for basements and footings of a building, swimming pools, or underground structures authorized by a building permit and excavation of a driveway between a building site and the street where plot plans attached to the building permit indicate existing and proposed contours; provided, however, that a permit is required for excavation of a driveway between the building site and the street when conditions other than those set forth in Subsection B(1) and (2) above make such permit necessary. This exception shall not affect the applicability of this chapter to or the requirement of a grading permit for any fill made with the material from such excavation, unless such fill is within the previous subsection. A grading permit shall not be required for temporary stockpiling on the same site of the material from such excavation.
(4)
A single-family house site where the maximum slope between property
lines or the maximum excavation or fill, exclusive of the situations
referred to in the previous subsection, do not exceed the slopes or
quantities set forth:
|
Area of a Single-Family House Site to Be Graded
(square feet)
|
Maximum Slope Without a Permit
(percentage)
|
Maximum Excavation Without a Permit
(cubic yards)
|
|---|---|---|
|
Less than 12,000
|
12%
|
100
|
|
From 12,000 to 30,000
|
15%
|
200
|
|
Over 30,000
|
20%
|
250
|
A.
Application. Every applicant for a permit shall file a written application
with the Code Official. Such application shall:
(1)
Describe the land on which the proposed work is to be done, by lot,
block, tract, or street address, or similar description that will
readily identify and definitely locate the proposed work.
(2)
Be accompanied by plans and specifications prepared by a registered
professional engineer or surveyor:
(a)
A contour map showing the existing and proposed contours at
a scale of one inch equals 50 feet and a contour interval of not less
than two feet.
(b)
A plan showing cross sections of the proposed cut on fifty-foot
intervals which show the method of benching both cut and/or fill.
Under no circumstances shall there be less than two cross sections
for each property involved under said permit.
(c)
A plot plan showing the location of the grading, boundaries,
lot lines, neighboring streets and rights-of-way, existing and proposed
buildings, existing water and sanitary lines, storm drainage, existing
utility lines, existing trees 10 inches and over in diameter (measured
two feet above the ground) and other data to show the location of
all work.
(d)
Description and classification of the soils located on the site.
(e)
Details and location of watercourses and tributaries (either
named or unnamed).
(f)
Area and details of paving and any proposed drainage structures
and pipes.
(g)
Details of walls and cribbing.
(h)
Details of bridge and/or culverts required to cross over watercourses.
(i)
Nature of fill material.
(j)
Any such other information as the Code Official may require
to carry out the purpose of this chapter.
(k)
All plans shall be dated and shall bear the name and seal of
the registered professional engineer who prepared the same, the name
of the applicant, and the name of the owner of the land.
(l)
All plans shall be submitted in triplicate.
(m)
All plans shall include detailed drawings of an erosion and
sedimentation control plan approved by the Westmoreland County Conservation
District.
(3)
State the estimated dates of the starting and completion of the grading
work.
(4)
State the purpose for which the grading application is filed.
(5)
The Code Official may waive the requirement of any or all plans and
specifications listed in the previous subsection if he finds that
the information on the application is sufficient to show that the
work will conform to the provisions of this chapter.
B.
Issuance of permit.
(1)
The Code Official shall issue a permit only after it has been determined
that the proposed work to be undertaken will be in conformance with
the requirements of this chapter and other applicable codes and ordinances.
(2)
Prior to the issuance of any permit, the Code Official shall review
the application for the permit to determine if all other necessary
government permits required by state and federal laws have been obtained,
such as those required by the Pennsylvania Sewage Facilities Act,
Act 537 of 1967, as amended[1]; the Pennsylvania Dam Safety and Encroachments Act, Act
325 of 1978, as amended[2]; the Pennsylvania Clean Streams Law, Act 394 of 1937,
as amended[3]; the United States Clean Water Act, Section 404, 33 U.S.C.
§ 1344; and the Pennsylvania One Call System, Act 187 of
1996, as amended. No permit shall be issued until this determination
has been made.
(3)
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse until all adjacent municipalities which may
be affected by such action have been notified by the Township of Penn
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection, Bureau of Dams, Waterways
and Wetlands. In addition, the Federal Flood Insurance Code Official
and Pennsylvania Department of Community and Economic Development,
Bureau of Community Planning, shall be notified by the Township of
Penn prior to any alteration or relocation of any watercourse.
(4)
The Code Official shall act on the application within 30 days of
receipt of a completed application. If the Code Official does not
act upon said application within 30 days, the permit shall be deemed
approved.
(5)
The permit and all plans and specifications shall be kept at the
work site during the progress of the work.
C.
Denial of permit.
(1)
Where, in the opinion of the Code Official, the work as proposed
by the applicant is likely to endanger any person, any property, or
any street or way, the Code Official shall deny the permit.
(2)
In determining whether the proposed work is likely to endanger property,
streets or alleys, or streams, or create hazardous situations, or
damage the ecology of the area, the Code Official shall give due consideration
to, but shall not be limited to, possible saturation by rains, earth
movements, runoff of surface waters, and subsurface conditions, such
as the stratification and faulting of rock, and the nature and type
of the soil, rock, or other minerals and extent of removal, if any.
D.
Appeal of denial of permit.
(1)
The applicant may appeal the decision of the Code Official to the
Township, which may consider alternate methods, standards, or materials
proposed by the applicant.
E.
Fees. Before issuance of a permit, the Code Official shall collect
a permit fee in the amount as set forth by the Township of Penn. The
Township shall adopt, by separate resolution, the applicable fee schedule.
F.
Bond.
(1)
Before issuance of a permit, the applicant shall post a bond, with
corporate surety or other approved security, in an amount of 25% of
the estimated cost of the work to guarantee the completion of said
work, which shall include the estimated cost of surface treatment,
drainage, clean fill, slope stability, and an erosion and sedimentation
control plan contemplated by the permit.
(2)
In the event that the permit will affect more than 50,000 square
feet or more than 30,000 cubic yards, then a security agreement shall
be required by the Board of Commissioners of the Township of Penn,
in accordance with a security agreement supplied by the Township of
Penn.
(3)
No activity shall commence and no permit shall be issued until the
formal agreement, if required, is signed by both parties and, in all
cases, the bond is posted.
G.
Expiration of permit. Every permit shall expire 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 issuance. The Code Official may, if the permit holder presents
satisfactory evidence, in writing, that unusual difficulties have
prevented the work from being started or completed within the specified
time limits, grant a reasonable extension of time. The application
for the extension of time shall be made before the date of expiration
of the permit.
A.
Excavation standards.
(1)
No excavation shall be made with a cut face steeper in slope than
two horizontal to one vertical, except under one or more of the following
conditions:
(a)
The excavation is located so that a line having a slope of two
horizontal to one vertical and passing through any portion of the
cut face will be entirely inside the property lines of the property
on which the excavation is made.
(b)
The material in which the excavation is made is sufficiently
stable to sustain a slope steeper than two horizontal to one vertical
and a written statement of a professional engineer, licensed by the
Commonwealth of Pennsylvania and experienced in erosion control, to
that effect is submitted to the Code Official and approved by him.
The statement shall state that the site has been inspected and that
the deviation from the slope specified above will not result in increased
risk of injury to persons or damage property.
(c)
A retaining wall or other approved support designed by a registered
professional engineer and said design approved by the Code Official
is provided to support the face of the excavation.
(2)
The Code Official may require an excavation to be made with a cut
face less (flatter) in slope than two horizontal to one vertical if
he finds that 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.
(3)
Excavations adjacent to any footing, foundation, or structure shall
not extend below the angle of repose or natural slope of the soil
under the nearest point of the same unless such footing, foundation,
or structure is first properly underpinned or protected against settlement.
(4)
Before commencing any excavation which will in any way affect an
adjoining property or structure thereon, the person making or causing
the excavation to be made shall notify, in writing, the owners of
adjoining buildings not less than 30 days before such excavation is
to be made. Adjoining properties and structures shall be protected
as provided in the Township of Penn Building Code and/or as required
by the Code Official.
B.
Fill standards.
(1)
No fill shall be made which creates any exposed surface steeper in
slope than two horizontal to one vertical, except under one or more
of the following conditions:
(a)
The fill, in the opinion of the Code Official, is located so
that settlement, sliding, or erosion of the fill material will not
result in property damage or be a hazard to adjoining property, streets,
alleys, or structures.
(b)
A written statement of a professional engineer, licensed by
the Commonwealth of Pennsylvania and experienced in erosion control,
to that effect is submitted to the Code Official and approved by him.
The statement shall state that the site has been inspected and that
the deviation from the slope specified above will not result in increased
risk of injury to persons or damage property.
(2)
The Code Official may require that the fill be constructed with an
exposed slope less (flatter) than two horizontal to one vertical if
he finds that under the particular conditions such flatter slope is
necessary for stability and safety.
(3)
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:
(a)
The fill shall be completed within a reasonable length of time,
said time limit to be determined by the Code Official and to be specified
on the grading permit.
(b)
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, other than clean soil or earth, within the fill.
(4)
When the fill is other than clean soil or earth, the Code Official
may require clean soil or earth to be placed over the top and exposed
surfaces of the fill to a depth sufficient to conceal all materials
at the end of each day's operations.
(a)
No fill of any kind shall be placed over trees, stumps, or other
material which would create a nuisance or be susceptible to attracting
rodents, termites, or other pests.
(5)
All fills shall be compacted to provide stability of material and
to prevent undesirable settlement.
(6)
The fill shall be spread in a series of layers, each not exceeding
12 inches in depth, and shall be compacted by a sheep's-foot
roller or other approved method after each layer is spread.
(7)
Where fills are placed on slopes of 5% or more, benching of the surface
shall be required and indicated on the cross sections.
(8)
The Code Official may require tests or other information if, in his
opinion, the conditions or materials are such that additional information
is necessary.
(9)
The movement of earth in the course of farming or agricultural work
or private landscaping.
C.
Ground cover.
D.
Drainage.
(1)
Adequate provisions shall be made to prevent any surface waters from
damaging the cut face of an excavation or the sloping surface of a
fill.
(2)
The Code Official shall require such drainage structures or pipes
to be constructed or installed which are necessary to prevent erosion
damage and to satisfactorily carry off surface waters.
(3)
All drainage provisions shall be of such design so that the peak
discharge for all stormwater outfalls on site shall be in conformance
with the performance standards set forth herein.
E.
Maintenance.
(1)
The owner of any property on which an excavation or fill has been
made shall maintain in good condition and repair all retaining walls,
cribbing, drainage structures, fences, ground cover, and other protective
devices as established by permit, and, further, the continued use
of said area shall be contingent upon the maintenance and upkeep,
satisfactorily to the Township, and subject to such further conditions
as the Township may prescribe.
(2)
The certificate of completion, therefore, may, at any time, be revoked
by the Board of Commissioners, in accordance with the procedures set
forth by the certificate of completion subsection, if the conditions
of the permit are not being observed or if conditions exist that prejudice
the health, safety, and welfare of any person, persons, or property.
F.
Protection of adjacent property and utilities.
(1)
Prevention of slides or washes. Materials shall not be permitted
to roll, slide, flow, or wash onto adjacent private or public property.
Where necessary, walls, cribbing, silt fence, or benching shall be
utilized to comply with this requirement.
(2)
Horizontal distance of excavation or fill slope from property or
easement line.
(a)
The horizontal distance from the toe or top of the excavation
or fill slope line shall be five feet or 1/2 of the vertical height
of the fill or excavation from any adjoining property or easement
line, whichever is greater, but such distance need not exceed 10 feet.
(b)
The Code Official shall have the authority to modify this requirement
in instances where it is demonstrated that such modification is needed
to secure desirable interrelationships between properties and will
not result in a condition detrimental to the adjacent property.
(3)
Support and protection of public utilities and public streets.
(a)
A plan shall be in effect for proper support and protection
from drainage resulting from the operation for all public and private
utilities, whether on the surface, beneath the ground surface, or
overhead, and, when necessary, for the repair, replacement, or relocation
of such utilities.
(b)
The surface and other facilities or public streets shall be
fully restored by the permit holder in the event of such damage.
(c)
The permit holder shall correct any damage to the utility involved
before the Code Official issues the completion certificate.
G.
Fencing. Should the nature of land operation, in the opinion of the
Code Official, create a hazard to persons or property unless adequately
fenced, the permit holder shall construct such fences or guide rails
as safeguards to persons using adjoining property, public or private.
H.
General requirements.
(1)
Any excavations within a floodway or floodplain must follow the guidelines
as set forth in the floodplain management section.
(2)
A temporary construction fence not less than four feet in height,
or a design approved by the Code Official and meeting Township fence
requirements, shall be placed at the top of all cuts or fills with
slopes in excess of two horizontal to one vertical.
(3)
The permit holder and owner of a property shall be responsible to
protect and clean up lower properties of silt or debris washing from
his property as a result of the regrading of his property.
(4)
In order to prevent the denuding of the landscape, large trees and
other natural features constituting important physical, aesthetic,
and economic assets to existing or impending suburban development
shall be preserved. The developer is referred to § 190-58,
Buffer areas; landscaping, of the Code of the Township of Penn.
(5)
All grading, excavating, or fill shall be performed so that no unnecessary
dust shall be raised. The Code Official may enforce reasonable dust-control
regulations and may revoke any permit issued under this chapter until
proper dust-control regulations are met.
I.
Certificate of completion.
(1)
If, upon final inspection of an excavation or fill, it is found that
the work authorized by the permit has been satisfactorily completed
in accordance with the requirements of this chapter, a certificate
of completion covering such work and stating that the work is approved
shall be issued to the permit holder by the Code Official.
(2)
The Board of Commissioners shall have the power to revoke any certificate
of completion upon the recommendation of the Code Official that the
work covered by the certificate has been materially extended or altered
without a permit so to do or that any retaining walls, cribbing, drainage
structures, fences, or other protective devices shown on the approved
plans and specifications submitted for a permit have not been maintained
in good order and repair.
(3)
Before such revocation, the Code Official shall first give written
notice to the permit holder and to the owner of the property involved,
specifying the defective condition and stating that, unless such defective
condition is remedied, the certificate may be revoked. If the defective
condition is remedied, the certificate shall not be revoked. Such
conditions shall be corrected within 30 days' notice to the owner
to correct the same.
(4)
Following the issuance of a certificate of completion, and provided
that as a minimum 90% of the proposed homes are constructed, the developer's
completion guarantee bond will be released by the Township.
J.
During any stage of the regulated earth disturbance activities, if
the Township or its designee determines that any BMPs are not being
implemented in accordance with this chapter, the Township may suspend
or revoke any existing permits or other approvals until the deficiencies
are corrected.
