This Chapter shall be known as the "Marshall Township Grading, Excavating and Fill Ordinance."
[HISTORY: Adopted 11-6-2023 by Ord. No. 490.[1] Amendments noted where applicable.]
[1]
Editor's Note: Ordinance No. 490 also repealed former Ch. 88, which pertained to similar subject matter and was adopted 10-2-1974 by Ord. No. 101 and amended 8-3-1988 by Ord. No. 206, 3-3-1993 by Ord. No. 242, 9-11-2000 by Ord. No. 324 and 7-14-2008 by Ord. No. 391.
The purpose of this Chapter is to provide minimum standards to safeguard persons, to protect property, streams and watercourses, to maintain the present level of ecology and to promote the public health, safety, and welfare by regulating and controlling the design, construction, quality of materials, use, location and maintenance of grading, excavation and fill.
Wherever used in this Chapter, the following words shall have the following meanings:
The Allegheny County Conservation District.
A landowner who filed an application for a grading permit, who has filed an application for development within the Township.
A registered architect licensed as such in the Commonwealth of Pennsylvania.
The Board of Supervisors of the Township.
The officially adopted building code of the Township and all subsequent amendments thereto, Chapter 52 of the Marshall Township Code of Ordinances, Building Construction.
A valid permit issued by the Township, pursuant to the provisions of Chapter 52 of the Marshall Township Code of Ordinances, Building Construction.
A natural or artificial watercourse that conveys, continuously or periodically, flowing water.
Nonwater soluble, nondecomposable, inert solid material, used to level an area or bring an area to grade that meets the current standards and definitions for clean fill per the policies of the Pennsylvania Department of Environmental Protection.
Any agreement entered into between the developer or applicant and Marshall Township, or conditions imposed by the Marshall Township Board of Supervisors.
The detachment and movement of soil or rock fragments by water, wind, ice or gravity, including such processes as gravitational creep.
An individual licensed and registered under the laws of the Commonwealth of Pennsylvania to engage in the practice of engineering, assigned or appointed by the Township of Marshall to perform the duties required of the Township Engineer hereunder.
An individual licensed and registered under the laws of the Commonwealth of Pennsylvania to engage in the practice of engineering that prepared the proposed grading plan for the applicant or will take on the responsibility to conduct inspections to ensure that the proposed grading shall be constructed as per the approved grading plans.
Any act by which earth, sand, gravel, rock, coal or any other similar material is cut into, dug, quarried, uncovered, removed, displaced or relocated and shall include the conditions resulting therefrom, to include the construction of retaining walls.
A chemical or other substance intended of producing an explosion or that contains oxidizing or combustible units or other ingredients in proportions or quantities that by ignition by fire, by friction, by concussion, by percussion or by detonation may produce an explosion capable of causing injury to persons or damage to property. The term explosive includes but is not limited to: black powder (all varieties), dry gun cotton, nitroglycerine, dynamite, chlorates, fulminates, all sensitized ammonium nitrate compositions and any other of their compounds or mixtures, smokeless powder, wet gun cotton and wet nitrostarch.
A structural barrier to prevent intrusion within a given area.
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 and shall include the conditions resulting there from, to include the construction of retaining walls.
A normally-dry land area adjacent to stream channels that is susceptible to being inundated by overbank stream flows. For regulatory purposes, the Flood Plain Management Act (Act of October 4, 1978, P.L. 851, No. 166) and regulations pursuant to the Act define the "floodplain" as the area inundated by a 100-year flood and delineated on a map by FEMA (Federal Emergency Management Agency).
The elevation of the existing ground surface above sea level prior to any excavating or filling.
The elevation of the ground surface above sea level after grading has been completed and the elevation coincides with the elevation called for in a plan of grading, or otherwise any grading anticipated to be in place for longer than six months.
That state of grading which approximates the finished grade in a plan of grading.
An excavation or fill or any combination thereof and shall include the conditions resulting from any excavation or fill, to include the construction of retaining walls.
Any permit required by this Chapter.
An agreement required by this Chapter in a form acceptable to the Township Engineer.
A danger or potential danger to life, limb, or health or an 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.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on lot or lots regardless of the number of occupants or tenure; or
The division or allocation of land space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups, or other features.
A subdivision of land.
A landscape architect licensed by the Commonwealth of Pennsylvania.
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law, having its principal frontage upon a street or officially approved place and to be used, developed or built upon as a unit.
A law passed by a municipal government.
The Pennsylvania Department of Environmental Protection.
The application of such material as will produce a dust-free, all-weather, hard surface.
The Pennsylvania Department of Transportation.
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 or persons but shall also include a partnership or corporation and their heirs, successors and assigns.
A structure composed of concrete, steel, wood, or other approved building material within the allowable stresses as specified under the Building Code constructed for the purpose of supporting a cut or filled embankment, or to retain or support the lateral pressure of earth or other superimposed loads.
A bond, letter of credit or cash provided by the permit holder to secure performance under this Chapter.
A lot, tract or parcel of land or a series of lots, tracts or parcels of land, joined together, where grading work is continuous and performed at the same time.
That ratio formed by the horizontal over the vertical difference of position and where the vertical differences usually expressed as one (e.g., 2/1, 3/1, etc.).
An area where the inclination (vertical distance over the horizontal distance) of the land surface is 25% or greater and encompassing a vertical grade differential of 10 feet within the slope.
An area where the inclination (vertical distance over the horizontal distance) of the land surface is 15% and less than 25% and encompassing a vertical grade differential of 10 feet within the slope.
A watercourse which has a contributory watershed area which is at least 100 acres.
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownerships of building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
Municipal ordinance that regulates all subdivision and land development plats of land situated within the municipality.
A registered professional surveyor licensed in the Commonwealth of Pennsylvania.
The Township of Marshall, Allegheny County, Commonwealth of Pennsylvania.
The officially adopted Subdivision and Land Development Ordinance of the Township and all subsequent amendments thereto.
Any channel or conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
The entire region or area drained by a river or other body of water, whether natural or artificial. A "designed watershed" is an area delineated by PADEP and approved by the Environmental Quality Board for which counties are required to develop watershed stormwater management plans.
The plan for managing stormwater runoff throughout a designated watershed adopted by Allegheny County as required by the Pennsylvania Storm Water Management Act.
New grading, excavations, or fills, or changes, additions, repairs or alterations made to existing grading, excavations, or fills, shall conform to the provisions of this Chapter. Grading shall only be performed on a parcel(s) of property that have an approved land development plan; or within a subdivision and where a site grading plan has been approved as part of the plan approval, or when the conditions of Section 88-5 apply.
No person shall commence or perform any grading, excavation, or fill, without first having obtained a grading permit from the Township Engineer. A separate grading permit shall be required for each site. One grading permit may cover both an excavation and any fill made on the same site.
A.
A grading permit shall be obtained from the Township, subject to approval by the Township Engineer, when any of the following conditions are proposed:
(1)
Excavation or fill of 100 cubic yards or more, including surface mining activities;
(2)
Excavation or fill four feet or more in vertical depth at its deepest point as measured from the natural ground surface of any slope with a surface area of a minimum of 1,000 square feet;
(3)
Excavation or fill with a slope steeper than three horizontal to one vertical (3:1) where the Township Engineer has determined that slope stability may impact the public health, safety, or welfare;
(4)
Excavation for a swimming pool in an area with an average existing slope with a gradient of 10% or more;
(5)
Grading in an easement for a public sewer, water main, storm sewer or power line that in the professional option of the Township Engineer may cause damage to such facilities.
(6)
Encroachment on or alteration of an existing watercourse.
(7)
The permanent removal of vegetation, including, but not limited to, trees, shrubs, or other ground cover in a gross area of 1,000 square feet or greater.
(8)
A retaining wall four feet or more in height, as measured from the final finished grade to the top of the wall, as defined in the Township Building Code.
B.
A grading permit shall not be required for the following activities:
(1)
Grading for a Township-owned street, trail, park, or utility improvement project;
(2)
An excavation or fill made below existing finished grade for basements or footings of buildings, swimming pools (except if the parameters of Section 88-5A(4) are exceeded) or underground structures for new construction authorized by a building permit properly issued by the Township.
(3)
The temporary stockpiling of material from excavation on a permitted site. If stockpiled material from other excavation is thereafter to be used for fill purposes for which a grading permit is required, such grading permit shall be obtained prior to such use in accordance with the requirements of this Chapter. In addition, if excavated material is anticipated to be stockpiled on a site for a period longer than six months, the grade of the stockpile shall be considered finished grade and a separate grading permit shall be obtained for the storage of such material.
(4)
A Timber Harvesting Permit has been issued.
(5)
Preparation of the land surface for the planting of crops.
Every applicant for a grading permit shall file a written application and grading permit agreement with the Township Engineer. Such application shall do the following:
A.
Describe the land on which the proposed work is to be done by lot, block, tract or street address or similar description, which will readily identify and locate the proposed work.
B.
Provide the name and address of the applicant or owner of the land to be developed. Written permission shall be given by the owner if the applicant is somebody other than the owner of the property.
C.
Be accompanied by three physical copies of plans and specifications, prepared by a registered engineer, registered surveyor or registered landscape architect, licensed by the Commonwealth of Pennsylvania, including a plan of survey; a contour map showing the present contours of the land and the proposed contours of the land after completion of the proposed grading at a scale not smaller than 50 feet to one inch and at a contour interval of not greater than two feet; a plan showing cross sections of the proposed cut and/or fill which show the method of benching both cut and/or fill, however, under no circumstances shall there be fewer than two cross sections for each property involved under said grading permit; a plot plan showing the location of the grading, boundaries, lot lines, neighboring streets and ways, existing and proposed buildings, existing waterlines and sewers or drains, existing utility lines, type of ground cover or vegetation and sufficient dimensions and other data to show the location of all work; description of the type and classification of the soils obtained from an on-site investigation; details and location of existing watercourses, area and details of paving, and any proposed drainage structures and pipes, walls and cribbing, details of bridges and/or culverts required to cross over watercourses; nature of fill material; any truck or hauling routes proposed to support grading operations, including anticipated hauling rates and bridge/roadway capacities along the proposed routes; and any such other information as the Township Engineer may require to carry out the purpose of this Chapter. All plans shall be dated and bear the name and seal of the registered professional who prepared the same, the name of the applicant and the name of the owner of the land.
D.
When the proposed slopes exceed three feet horizontal to one foot vertical, a geotechnical and slope stability analysis may be required if requested by the Township Engineer. These studies shall conform to the requirements of Section 88-25.
E.
State the estimated dates of the starting and completion of the grading work.
F.
State the purpose for which the grading application is filed, along with existing and proposed land uses of the property.
G.
Include an erosion and sediment control plan. Such plan shall be approved by ACCD or PADEP, when limits of disturbance exceed one acre, or current State Permit requirements.
Where subdivision/land development approval is required, no grading permit shall be issued until a subdivision/land development has been approved and a developers agreement has been executed.
Any grading within the floodplain overlay district shall be in conformance with Chapter 83 of the Marshall Township Code of Ordinances, Floodplain Management.
At the time a grading permit application is filed, the Township shall collect a fee as provided in Chapter 71 of the Marshall Township Code of Ordinances, Fees, and the Township's standard fee resolution.
A.
Prior to issuance of a grading permit, the applicant shall post in favor of the Township financial security in a form acceptable to the Township Solicitor. The financial security shall be conditioned upon the faithful performance of the work required under the terms and conditions of the grading permit, all applicable ordinances, regulations or laws and any agreement entered into with the Township.
B.
Financial security shall be provided to guarantee the completion of the earthmoving and implementation and maintenance of soil erosion and sedimentation control measures in an amount as follows: 110% of the estimated construction cost.
C.
If the financial security is required by a developer's agreement, then the financial security required by this Chapter shall be posted as part of that agreement, and the release of that security shall be governed by the terms of the developer's agreement. If the financial security is not required by a developer's agreement, then upon completion of work authorized by the grading permit, the applicant may request the Township Engineer, in written form, to release the initial financial security.
Every grading permit shall expire and become null and void if the work authorized by such grading permit has not been commenced within six months or is not completed within one year from the date of issue, provided that the Township Engineer may, if the permit holder provides satisfactory evidence in writing that unnecessary hardship has prevented the work from being started or completed with the specified time limits, grant a reasonable extension of time in writing, and, provided further, that the application for the extension of time is made before the date of expiration of the grading Permit.
Any alterations from the original plan uncovered at 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 that would adversely affect the basis upon which the grading permit was issued, shall be immediately reported to the Township Engineer by the permit holder. If the circumstances dictate, the Township Engineer shall revoke the grading permit or otherwise modify the conditions upon which the permit was initially issued.
Where, in the opinion of the Township Engineer, the work as proposed by the applicant is likely to endanger any person, property or any street or way, the grading permit shall be denied.
An applicant may appeal the engineer's denial of a grading permit or other determination of the Township Engineer within 30 days of applicant's written receipt of said denial or other determination to the Board of Supervisors. The Board of Supervisors shall consider, hold a hearing, and act upon the appeal in accordance with the Pennsylvania Local Agency Law 2 Pa. C.S.A. § 551 et seq. In connection with any such appeal the Board of Supervisors may consider alternate methods, standards or materials proposed by the applicant.
A.
Inspections shall be conducted and documented by the applicant's engineer of record. On a monthly basis and upon completion of work the engineer of record shall submit a report to the Township Engineer documenting their inspection efforts and a letter either certifying that the proposed grading was completed per the plans, specifications and grading permit requirements, or notifying the Township Engineer and 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 permit plan conforming to existing conditions.
If directed by the Township Engineer, inspections may also be conducted by a qualified geotechnical engineering consultant that is retained by the Township.
The cost of inspections shall be borne by the applicant. The applicant may be required to place in escrow with the Township an amount equal to the estimated cost of inspections and/or the Township's costs to review and manage the permit, as determined by the Township Engineer, prior to the issuance of the grading permit.
B.
Plans and reports for grading work, as prepared by the engineer of record and approved by the Township Engineer, shall be maintained at the site during the progress of the grading work and until the work has been completed.
C.
The permit holder shall notify the Township Engineer, the engineer of record and, if directed by the Township Engineer, the Township's site consultant, in order to obtain inspections in accordance with the following schedule and at least three working days before the inspection is to be made. Before calling for an inspection, the owner shall have property line stakes set by an engineer or surveyor. Inspections shall be required as follows:
(1)
Initial Inspection: When work on the excavation or fill is about to be commenced.
(2)
Rough Grading: When all rough grading has been completed.
(3)
Drainage Facilities: When drainage facilities are to be installed and before such facilities are backfilled.
(4)
Special Structures: When excavations are complete for key ways, retaining and crib walls and when reinforcing steel is in place and before concrete is poured.
(5)
Final Inspection: When all work, including the installation of all drainage and other structures has been completed.
D.
The inspections of the work by the Township Engineer or his designee as hereinabove set forth shall be limited to a determination by him as to whether the work is progressing in accordance with the application. Such inspections and/or right of inspections hereunder do not include any supervision or right of supervision of the manner or means of construction utilized by the applicant or permit holder in the progress of the work.
E.
All actions taken by the applicant to eliminate or remediate any hazardous conditions shall in no way convey, impose, or transfer liability to the Township regardless of any direction of the Township Engineer to engage in such actions.
F.
Prior to the issuance of the grading permit, the Township may require that the applicant file a hold harmless agreement to indemnify the Township, Township Engineer and their agents.
A.
No excavation shall be made with a cut face steeper in slope than three horizontal to one vertical, except under one or more of the following conditions.
(1)
A geotechnical report and slope stability analysis meeting the requirements contained in Section 88-25 is provided.
(2)
A retaining wall or other approved structure four feet or more in height, as measured from the finished grade to the top of the wall, to support the face of the excavation is designed by a registered professional engineer and approved by the Township Engineer.
B.
The Township Engineer may require an excavation to be made with a cut face less or flatter in slope than three horizontal to one vertical 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.
C.
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.
D.
The bottom edge of final slopes shall be set back a minimum of three feet from adjacent property 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.
A.
No fill shall be made which creates any exposed surface steeper in slope than three horizontal to one vertical, except under one or more of the following conditions:
(1)
A geotechnical report and slope stability analysis meeting the requirements contained in Section 88-25 is provided.
(2)
A retaining wall or other approved structure four feet or more in height, as measured from the finished grade to the top of the wall, to support the face of the excavation is designed by a registered professional engineer and approved by the Township Engineer.
B.
The Township Engineer may require that the fill be constructed with an exposed slope less than or flatter than three horizontal to one vertical if he finds that under the particular conditions such flatter slope is necessary for stability and safety.
C.
Only "clean fill" may be imported or used.
D.
The fill shall be completed within a reasonable length of time, said time limit to be determined by the Township Engineer and may be specified on the grading permit.
E.
No fill of any kind shall be placed over trees, stumps or other material which would create a nuisance, potential fire hazard, or be susceptible to attracting rodents, termites or other pests.
F.
Fill areas shall be prepared by removing organic material such as vegetation and rubbish, and any other material determined by the Township Engineer to prevent proper compaction or stability. No decomposable or compactable materials shall remain under or within fill areas.
G.
On 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.
H.
All fills and embankments shall be installed in accordance with the requirements set forth in the latest edition of the PennDOT Publication 408, as amended, and any special provisions as specified by the engineer of record or Township Engineer.
A.
Retaining walls shall be designed and constructed in accordance with sound engineering practice. The plans submitted for approval shall include a description of proposed backfilling and subterranean drainage facilities and bear the seal of a professional engineer.
B.
Specifically, where a wall is replacing an exposed slope, the vertical face of the wall shall be set back a minimum of three feet from all adjacent property lines. An exception to this requirement may be granted by the Township Engineer upon an application satisfactorily demonstrating that such an exception is necessary to permit normal use of the property, that is, for a sideline driveway, or other reasonable consideration.
C.
Guiderails or protective fencing that meet the requirements of the Building Code or PennDOT Standards are required to be installed where retaining wall heights are four feet in height and higher,
In order to prevent erosion, the permit holder shall be required to provide adequate surface treatment by installing ground cover of such kind and character as may be approved by the Township Engineer. Guidelines for minimizing erosion and sediment in the Soil Erosion and Sediment Control Handbook for Allegheny County, Pennsylvania, and current PADEP Erosion and Sediment Pollution Control Program Manual (Technical Guidance Number 363-2134-008), shall be followed. One or a combination of guidelines shall be used to minimize a hazard, depending on site conditions and proposed grading. However, the Township Engineer may approve grading plans that do not meet the guidelines of the Handbook if the proposed grading will not constitute a hazard. Governmental and/or engineering reports shall be used as evidence that the proposed grading will not constitute a hazard, including a soil erosion and sedimentation control plan as approved by ACCD or the PADEP, if applicable.
If a geotechnical report and slope stability report meeting the standards provided in Section 88-25 is not required, the following standards shall be followed. All fills shall be compacted to provide stability of material and to prevent undesirable settlement. The fill shall be spread in a series of layers, each not exceeding eight inches in thickness and shall be compacted by a sheepsfoot roller or other approved method after each layer is spread. The Township Engineer may require tests or other information if they determine that the conditions or materials are such that additional information is necessary. Where fills are placed on slopes of 15% or more, benching of the surface may be required and indicated on the cross sections. A fill keyway, as recommended by the engineer of record, shall be provided across the entire length of the toe. If the Township Engineer warrants (based on the nature of embankment), a compaction test shall be required at the end of each eight-inch lift, prior to the start of the next lift.
Blasting operations using explosives may be permitted in conjunction with any grading or excavating activity, including, but not limited to, earthmoving or trenching operations. Such grading or excavating activities may be permitted by the Board of Supervisors provided that the person or entity applies for a grading permit and the grading permit application clearly demonstrates that all standards and conditions set forth in this Chapter have been met.
All blasting operations using explosives in conjunction with any grading or excavating activity shall meet all of the following conditions:
A.
All blasting shall be conducted in accordance with the Title 25, Pennsylvania Code, Chapter 211, Storage, Handling and Use of Explosives.
B.
All blasters shall be licensed by PADEP prior to any blasting activity within the Township.
C.
All applicants shall secure and provide to the Township a copy of any and all approved Blasting Activity Permit(s) from the PADEP Bureau of Mining and Reclamation prior to any blasting activity with the Township.
D.
All applicants shall provide a certificate of insurance evidencing minimum liability coverage of $5,000,000 per occurrence with the Township named as an additional insured.
E.
All applicants shall provide notification by certified mail, return receipt requested, to all homeowners with properties within 1,000 feet of the blast site at least of 30 days in advance of the blasting activity. The notification shall provide general information about the blasting operation, the operation's blasting schedule, and a statement regarding the duration of the operation. Proof of mailing and all receipts returned shall be submitted to the Township for all properties prior to any blasting activities.
F.
All applicants shall provide a preblast survey for all residential and commercial structures within 300 feet of the blast site. Such survey shall not be performed by the blasting company. The person conducting the survey shall document both interior and exterior conditions. The person conducting the survey shall record the condition of the structure before blasting and any physical features the blasting could affect. The person conducting the survey shall also record the quality and quantity of private water supplies.
G.
The blasting company shall retain a third-party to conduct seismographic recordings which shall be made at the nearest three residential and the nearest three commercial structures from the blasting site. An analysis of the seismic data shall be submitted to the Township within three days from the conclusion of the blasting activity.
H.
A detailed blasting report shall be submitted to the Township within three days from the conclusion of the blasting activity.
I.
Blasts shall be designed and conducted according to current standards, and to achieve either a minimum scaled distance of 90 feet or meet the maximum allowable peak particle velocity indicated by Figure 1 of the Title 25, Pennsylvania Code, Chapter 211.151(c) and not to exceed the noise levels specified in Table 1 of PA Code Chapter 211.151(d) at the closet building not owned or leased by the blasting company or its customer.
The permit holder shall comply with the provisions for erosion control and stormwater management contained in Chapter 165 of the Marshall Township Code of Ordinances, Stormwater Management. In addition, provisions shall be made to prevent any surface waters from damaging the cut face of an excavation or sloping surface of a fill, and the Township Engineer shall require drainage structures or pipes to be constructed or installed which are necessary to prevent erosion and to satisfactorily carry off surface waters. Culverts and bridges of proper size shall be installed when a watercourse is to be crossed in accord with state rules, regulations and laws. Drainage ditches shall be constructed prior to clearing or grading at the toe and top of cut and fill slopes to divert the surface water to drainage facilities such as storm sewers, street gutters or natural water-sheds during and after construction, and shall be paved with hard surface material when ditch grades are greater than 5%. Private drainage facilities of any type shall be designed to convey a 10-year design storm event, shall not increase proposed flow rates over predevelopment rates, and shall not concentrate additional flows at the point of release onto abutting properties.
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 the grading permit, and the continued use of said area shall be contingent upon the maintenance and upkeep satisfactory to the Township. The certificate of completion may, at any time, be revoked by the Board of Supervisors if the conditions of the permit are not being observed or if conditions exist that are detrimental to the health, safety and welfare of any person or property.
A.
The owner of the property on which grading activity is to occur shall notify the Township Engineer of the starting date of grading activity no later than three working days prior to the commencement of grading activity.
B.
The top or bottom edge of excavations and fills shall be at least three feet from adjacent property lines in order to permit the normal rounding of the edge without encroaching on the abutting property. The top or bottom edge of excavation and fills shall be at least 25 feet from the nearest bank of any stream or body of water. A temporary fence not less than four feet in height and approved by the Township Engineer shall be placed at the top of all cuts or fills and slopes in excess of one and one-half horizontal to one vertical, prior to excavation. Upon completion of grading, a permanent fence not less than four feet in height and meeting Township fence requirements shall be placed at the top of all such cuts or fills and slopes. Before a grading permit is issued, a bond shall be required as provided in Section 88-25.3 hereof to guarantee the protection of steep slopes.
C.
The owner of the property on which grading activity has occurred shall be responsible for the protection and clean up any properties affected by the grading activity of any silt or debris originating from the property on which the grading activity has occurred as a result of the grading activity on the property and shall restore the affected property to its original conditions. The duties imposed under this subsection shall be in addition to those duties owed to other property owners, by law.
D.
In order to prevent the denuding of the landscape, wherever practicable, large trees and other natural features constituting important physical, aesthetic and economic assets to existing or impending suburban development shall be preserved.
E.
All grading, excavations or fill shall be performed so that no unnecessary dust shall be raised. The Township Engineer may enforce reasonable dust control regulations and may revoke any grading permit issued under this Chapter until proper dust control regulations are met.
F.
No encroachment, alteration or improvement of any kind shall be made to any water-course until all adjacent municipalities which may be affected by such action have been notified by the Township and until all required permits and approvals have been obtained from PADEP Bureau of Dams and Waterways Management.
G.
All disturbed soil surfaces shall be stabilized by effective seeding or other proper means prior to the first day of November of any year. Any resultant noxious vegetation that results from improper planting or maintenance of stabilized or partially stabilized soil shall be removed by the owner of the property.
A.
The intent of the comprehensive geotechnical investigation is to determine the stability of proposed grading operations and develop detailed engineered measures to provide for long-term slope stability. Test borings extending to sufficient depths to evaluate proposed grading shall be performed. Specifically, borings shall be located at the toes (base) of proposed fill embankments supporting roads or structures or are eight feet or greater in height and will be graded to a slope steeper than three horizontal to one vertical. Sufficient borings shall be located in cut slope areas supporting roads or structures, or that is greater than six feet in height and will be graded to a slope steeper than three horizontal to one vertical. The borings shall extend at least to bedrock surface but shall also extend to a depth of at least five feet beyond the anticipated cut depth.
B.
Standard penetration tests (SPTs) shall be conducted in all test borings at no greater than three foot vertical intervals in the soil mantle of all borings in compliance with American Society for Testing and Materials (ASTM) Test Designation: D1586-84. Where SPT refusal on bedrock is encountered prior to reaching the required depth, continuous NX, NQ, or NQ-2 rock cores shall be procured as required for the engineering analysis. Thin-walled steel (shelby) tube samples of relatively undisturbed soil samples shall be procured from selected borings, if and where required for physical laboratory testing, to determine relevant soil properties for the engineering analysis.
C.
Groundwater encountered in each test boring shall be recorded during drilling operations 24 hours after completing each boring.
D.
The borings shall be accurately located in the field. Ground surface elevations shall be obtained at each boring. The final boring locations and their ground surface locations shall be shown on a to-scale topographical survey that includes existing contours and proposed site grading contours.
E.
A suitable boring log shall be provided for each boring. At minimum, the logs shall include: boring designation; SPT results; depths of strata encountered; percent core recoveries and rock quality designations (RQDs) of rock cores; date boring was drilled; groundwater information; types and descriptions of geomaterials encountered; comments or notes regarding voids, boulders, obstructions, or any other unusual subsurface conditions encountered.
F.
A professional geotechnical engineer licensed in the Commonwealth of Pennsylvania shall complete a quantitative slope stability analysis of proposed cut slopes and fill embankments. At minimum, test boring and relevant laboratory soil or rock test results, site groundwater and surface water findings, anticipated surcharge and/or hydrostatic loads/conditions and any other factors affecting the proposed slopes shall be included in the analysis. The slope stability analysis shall be based on a method accepted by the geotechnical engineering community, and that has been published in an accepted engineering textbook, journal, or proceedings. The analysis shall ultimately provide a factor of safety (FS) against movement/failure of the proposed slope. A slope will generally be considered stable in the long term when the FS greater than or equal to 1.5, unless special circumstances, as approved by the Township Engineer, are be allowed. Various slope/embankment construction scenarios can be analyzed by the engineer, but no proposed slopes/embankments indicating a FS less than that approved will be deemed acceptable.
G.
Written report, prepared and signed by the professional engineer performing the slope stability analyses, shall be submitted to the Township. The report shall, at minimum, include: a description of the existing surface and subsurface site conditions; a review of the site geology and geohydrology; a discussion of any slope movements, sloughs, land-slides, rock falls, or mining on or adjacent to the site, and an evaluation of their existing and/or potential impact on the site; subsurface profile drawings depicting all relevant parameters of the slopes that were analyzed; a discussion of the slope stability analyses; conclusion(s) regarding the stability of proposed site grading; the test boring logs and laboratory test results; a copy of the calculations/computer output for the stability analyses; and the to-scale boring location plan described above in Subsection D. With respect to slope stability, the report shall also include recommendations, as required for: grades for stable cut slopes and fill embankments; drainage requirements; subgrade preparations; benching requirements; suitable fill material, compaction, and moisture requirements, erosion protection requirements, retaining structures, if necessary; and limitations or constraints to proposed slope construction. The report will generally be reviewed by the Township Engineer and shall provide a summary recommendation to the Planning Director and the Planning Commission.
A.
No person shall construct, enlarge, alter, repair or maintain any grading, excavation or fill or cause the same to be done, contrary to or in violation of any provision of this Chapter.
B.
When written notice of a Violation of any of the provisions of this Chapter has been served by the Township Engineer on any person, such violation shall be discontinued immediately.
C.
Any person, firm, partnership or corporation violating any of the provisions of this Chapter shall be liable, on conviction thereof before a District Justice or other proper judicial officer, to a fine not exceeding $1,000, plus costs of prosecution and, in default of payment of such fine and costs, to a period of imprisonment not exceeding 30 days for each and every offense; and whenever such person, firm, partnership or corporation shall have been notified by the Township Engineer by service of summons in a prosecution or in any other way that he is committing such violation of this Chapter, each day that he shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty. Such fines or penalties shall be collected as like fines or penalties are now by law collected.
D.
If at any stage of the work the Township Engineer or their designee shall determine by inspection that further work as authorized by an existing permit issued hereunder is likely to endanger private property, or public streets, alleys or ways, or create hazardous conditions, the Township Engineer, shall order that the applicant to stop the work until such time as the applicant or permit holder has eliminated the likelihood of such danger, to the satisfaction of the Township Engineer by the construction of additional drainage facilities, berms, terracing, compaction, cribbing or through other means.
In case any work is performed by any person in violation of any of the provisions of this Chapter, the proper officer of the Township, in addition to other remedies, may institute in the name of the Township any appropriate action or proceeding, whether by legal process or otherwise, to prevent such unlawful work and to restrain or abate such violation. In addition to all other remedies or penalties the Township may institute legal proceedings in a court of law or equity to obtain damage and equitable relief for any violation of this Chapter.