[HISTORY: Adopted by the Board of Commissioners
of the Township of Upper Allen 8-12-1974 by Ord. No. 206. Amendments noted where
applicable.]
This chapter shall be known as the "Upper Allen
Township Excavation and Fill Ordinance."
As used in this chapter, the following terms
shall have the meanings indicated:
The Building Inspector of Upper Allen Township; or other
person designated by the Board of Commissioners of Upper Allen Township
to perform the function of Building Inspector as herein provided.
Any person or firm engaging in the business or act of excavating
or filling.
The cutting, grading, digging or removal of earth or natural
materials in such manner as to change the natural or existing terrain.
The placing, carrying or depositing of earth or natural materials
in such manner as to change the natural or existing terrain.
The Manager of Upper Allen Township; or other person designated
by the Board of Commissioners of Upper Allen Township to perform the
function of Manager as herein provided.
Any person or firm who owns land, or any interest therein,
sufficient to permit excavation or fill thereon.
It shall be unlawful for any person or firm
to make or cause or permit to be made any excavation or fill in the
Township except in accordance with a permit issued as specified herein;
provided, however, that no permit shall be required to fill or excavate:
A.
By the federal government, the Commonwealth of Pennsylvania
or any political subdivision thereof; or
B.
Where less than two cubic yards of earth or material
are moved; or
C.
Where grading for a building site is being made for
the purpose of immediate construction of a building or improvements
thereon, for which a building permit has been issued, if, in the opinion
of the Building Inspector, evidenced in writing on such building permit,
no hazard to property rights of the Township or adjoining land owners
will be encountered or created by such excavation or fill.
An application for a permit to excavate or fill
shall be made in duplicate by the contractor in writing on forms furnished
by the Township, filed with the Building Inspector, who shall forthwith
deliver one copy to the Manager. Said application shall set forth
the following information:
A.
The name, identity and address of the owner.
B.
The name, identity and address of the contractor.
C.
The description and location of the property involved.
D.
A statement of the exact nature of the proposed excavation
or fill, indicating the slope of the sides and the level of the finished
surface, the type of earth or material to be moved, the method, manner
and equipment to be used in the work and the disposition of material
at the site.
E.
Proposed time of commencement and completion of the
work.
F.
A statement that all owners of the land involved were
notified of the intention to apply for such permit; and proof of service
on such owners as the Building Inspector or Manager may require.
G.
An agreement that if the excavation or fill be not
completed in accordance with the plans and specifications therefor
and the permit issued therefor, then the work may be completed by
the Township, the cost thereof to be paid by the contractor.
H.
An agreement to indemnify and save harmless Township
and its agents from all liabilities, costs and expenses which may
result from or be a consequence of the granting of such permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The fee for each permit shall be as set. from
time to time by resolution of the Board of Commissioners of Upper
Allen Township. The required permit fee shall be paid in full prior
to commencing work.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
When, in the opinion of the Manager, the proper
investigation of an application for a permit to excavate or fill will
require the services of an engineer for technical help and advice,
the Manager may consult with such engineer and require him to make
inspections of the work in progress. In such case, prior to the issuance
of the permit, the Manager shall notify the applicant of the necessity
for engineer's assistance, and the applicant shall be responsible
for all costs charged by the engineer or their agency.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Within 15 days after the filing of the application
for a permit to excavate or fill, the Manager shall cause an investigation
to be made, and shall either issue the permit upon such conditions
expressed in the permit as he shall deem necessary to comply with
all of the provisions of this chapter or deny such permit.
In investigating and taking action on applications
for a permit to excavate or fill, the Manager shall consider the public
health, safety and general welfare, and the effect thereof upon neighboring
properties, and he shall deny such permit if, in his opinion, the
excavation or fill would:
A.
Unlawfully remove the lateral or subjacent support
of any adjacent land; or
B.
Create a dangerous topographic condition; or
C.
Cause seepage or slides; or
D.
Improperly divert the flow of drainage waters or concentrate
flows without permanent erosion control; or
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Create a nuisance; or
F.
In any manner endanger the health, safety or property
of any other person.
The manager shall forthwith notify the applicant
of the issuance or denial of the permit, and if the applicant shall
be dissatisfied therewith, he may appeal to the Board of Commissioners
of Upper Allen Township by filing a written notice of appeal with
the Township Secretary within 30 days after such notice from the Manager;
and at the same time, the applicant shall deliver to the Township
Secretary a list of the names and addresses of all owners of property
within a radius of 300 feet from the exterior boundaries of the proposed
excavation or fill.
The appeal shall be heard at the next succeeding
regular or special meeting of the Board of Commissioners of Upper
Allen Township held more than 30 days after the filing of the appeal.
The Township Secretary shall mail notice of such hearing at least
10 days prior thereto to all owners within a radius of 300 feet of
the exterior boundaries of the proposed excavation or fill. The hearing
on the appeal may be continued from time to time. At the conclusion
of the hearing, the Board of Commissioners may deny or issue a permit
upon such terms and conditions as they shall deem necessary to conform
to the provisions of this chapter. The action of the Board of Commissioners
shall be final and conclusive; and no similar application may be filed
for the same property for a period of 12 months.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In order to minimize the danger of slides on,
to or from adjacent land, the Manager may specify in the permit the
permissible angle of slope of the sides of the excavation or fill.
The maximum permitted slope shall be a 3:1 slope unless otherwise
approved by the Manager or the Township Engineer. No side of such
excavation or fill may be made steeper at any point than the angle
so specified in the permit unless supported by a substantial, permanent
retaining wall of sufficient strength to permanently support such
sides of the excavation or fill and constructed in accordance with
a permit to do so, as herein provided. If the applicant desires to
make any side of the excavation or fill steeper than the angle specified
in the permit, he shall so state in a supplemental application, and
shall file therewith, in duplicate as aforesaid, detailed plans and
specifications for such retaining wall. Upon the approval of such
plans and specifications, the permit or supplemental permit to excavate
or fill shall authorize the sides thereof to be made steeper than
the angle of slope specified therein if supported by a retaining wall
constructed in accordance with such plans and specifications.
A.
Retaining
walls shall be made of concrete. brick. stone or other material nor
subject to rapid deterioration and shall extend the full height and
length of each side of such excavation or fill which is at any point
made steeper in slope than the angle specified in the permit to excavate
or fill.
Any applicant to whom a permit to excavate is
granted shall comply with the following requirements:
A.
The bottom of the excavation shall not be lower than
the level specified in the permit.
B.
If, in the opinion of the Manager, any excavation
will create or aggravate a dangerous condition if left open, such
excavation shall be enclosed by a fence sufficiently high, tight and
strong to eliminate such dangerous condition.
C.
No rock, earth or other materials can be placed on any public road without permission from the Township and in accordance with Chapter 233.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
D.
Rock, earth or other materials which may be dropped
or fall onto any public road or place from any vehicle transporting
such materials from any such excavation shall be immediately removed
in a manner and to an extent satisfactory to the Manager at the expense
of the applicant.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
The applicant shall agree to indemnify and save the
Township and its agents harmless from all liabilities, judgments,
costs and expenses which may result from or be a consequence of the
granting of such permit.
The Manager may require, as a condition to the
granting of any permit under this chapter, that the contractor deposit
with the Township Secretary a completion bond, with such surety and
in such amount as required by the Manager, not exceeding, however,
the sum of $50,000, inuring to the benefit of the Township and the
general public, guaranteeing that the contractor will complete the
work in accordance with the permit. The Manager may also require,
as a condition to the granting of any permit under this chapter, that
the contractor deposit with the Township Secretary the certificate
of a responsible insurance company, certifying that the contractor
is insured for an amount as required by the Manager, not exceeding,
however, the sum of $100,000, against any injury or damage to persons
or property arising directly or indirectly from the performance of
the contractor in making the excavation or fill for which such permit
is issued.
Any permit granted under this chapter may be
revoked by the Manager for any reason for which the issuance of a
permit might be lawfully denied or for the failure of the contractor
to comply with any of the terms or conditions of the permit. Revocation
shall be made only after hearing before the Manager after five days'
written notice to the applicant, given by personal service or deposited
in the United States Mail, addressed to the applicant at the address
given in the application. The action of the Manager may be appealed
to the Board of Commissioners of Upper Allen Township as heretofore
provided. If, in the opinion of the Manager, public health, safety
or welfare is endangered, the Manager may suspend any permit granted
under this chapter pending the hearing for the revocation of such
permit. Such revocation or suspension shall be in addition to any
other penalties provided in this chapter.
In the event any excavation or fill for which
a permit has been granted under this chapter is not commenced within
six months from the date of such permit, or in the event the work
of excavation or fill is at any time abandoned for a period of six
consecutive months, such permit shall automatically terminate, without
notice, and no further excavation or fill shall be made; providing,
however, that the conditions and responsibilities in such permit shall
remain binding upon the person or firm to whom such permit was issued,
and all legal and equitable remedies shall be available against such
person or firm for any breach thereof. When the amount of material
excavated or filled equals the number of cubic yards authorized by
the permit, no further excavation or fill may be made until a supplemental
permit has been issued. An application for a supplemental permit to
continue or enlarge the excavation or fill shall set forth the same
information required in the original application, correcting, however,
the quantity of excavation or fill, and paying the proper fee therefor.
Any person who shall violate any of the provisions
of this chapter shall, upon summary conviction, be sentenced to pay
a fine of not more than $300, and in default of payment of said fine,
to be imprisoned in Cumberland County Prison for a period not exceeding
30 days. Each day's violation of any of the provisions of this chapter
shall constitute a separate offense.
