The purpose of this chapter is to provide minimum standards
to safeguard person and property and to protect 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 used, location and maintenance of grading, excavation
and fill.
Wherever used in this chapter, the following words shall have
the meanings indicated:
APPROVAL
A written engineering or geological opinion concerning the
progress and completion of the work.
AS GRADED
The surface conditions exposed on completion of grading.
BEDROCK
The native consolidated rock underlying the surface layers
of soil.
BENCH
A relatively level step excavated into earth material, on
which fill is to be placed.
BORROW
Earth material acquired from an off-site location for use
in grading on a site.
CIVIL ENGINEER
A professional engineer registered in the commonwealth to
practice in the field of civil works.
CIVIL ENGINEERING
The application of the knowledge of the forces of nature,
principles of mechanics, and the properties of materials to the evaluation,
design and construction of civil works for the beneficial uses of
mankind.
CLEARING
The cutting or removal of vegetation which results in exposing
any bare soil.
COMPACTION
The densification of a fill by mechanical means.
EARTH MATERIAL
Any rock, natural soil or fill, and/or any combination thereof.
ENGINEERING GEOLOGIST
A geologist experienced and knowledgeable in engineering
geology and registered as an engineering geologist in the Commonwealth
of Pennsylvania.
ENGINEERING GEOLOGY
The application of geologic knowledge and principles in the
investigation and evaluation of naturally occurring rock and soil
for use in the design of civil works.
EROSION
The natural process by which the surface of the land is worn
away by water, wind or chemical action.
EXCAVATION
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced,
relocated or bulldozed and shall include the conditions 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 and shall include the conditions resulting.
FINISH GRADE
The final grade of the site which conforms to the approved
plan.
GEOLOGICAL HAZARD
A potential or apparent risk to persons or property because
of geological or soil instability, either existing at the time of
construction or which would result from construction.
GRADE
The vertical location of the ground surface.
GRADING
Any excavating or filling or combination thereof.
HAZARD
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.
KEY
A designed compacted fill placed in a trench, excavated in
earth material beneath the toe of a proposed fill slope.
PERSON
A natural person, but shall also include a partnership, corporation,
trust or association.
PROFESSIONAL
A person (engineer, surveyor or architect) licensed by the
Commonwealth of Pennsylvania.
RETAINING WALL
An upright work or structure constructed of block, stone,
brick or other material and used to either support retained material
or to serve as a facing of a cut slope. A structure erected or constructed
for the purpose of restraining the lateral movement of soil, to contain
earth or other natural materials, and which does not exceed the height
of earth intended to be supported. Unlike a fence or an enclosure
wall, only one side of a retaining wall is visible.
RETAINING WALL, ENGINEERED
A professionally engineered structure designed and constructed
to retain the earth on one side at a higher elevation than the earth
on the other side in such a way that resists the lateral displacement
of soil or other materials in order to stabilize slopes and provide
usable areas of land at different elevations.
ROUGH GRADE
The stage at which the grade approximately conforms to the
approved plan.
SITE
Any lot or parcel of land or contiguous combination thereof
under the same ownership where grading is performed or permitted.
SLOPE
An inclined ground surface, the inclination of which is expressed
as a ratio of horizontal distance to vertical distance.
SOIL
The naturally occurring surficial deposits overlying bedrock.
SOIL ENGINEER
A person registered by the Commonwealth of Pennsylvania as
a professional engineer and who has training and experience in the
branch of soils engineering.
SOIL (GEOTECHNICAL) ENGINEERING
The application of the principles of soil mechanics in the
investigation, evaluation and design of civil works involving the
use of earth materials and the inspection and testing of the construction
thereof.
SOIL SURVEY
The unpublished and operational soil survey for Allegheny
County, Pennsylvania, and the accompanying text Soil Survey Interpretations
of Allegheny County, Pennsylvania, as prepared by the United States
Department of Agriculture (USDA) Natural Resources Conservation Services
et al. When applicable, "soil survey" shall mean "Soil Survey, Allegheny
County, Pennsylvania," when this publication is completed.
SOLID WASTE
Waste, including but not limited to municipal, residual or
hazardous waste, including solid, liquid, semisolid or contained gaseous
materials, as well as all parts or combinations of ashes, garbage,
refuse, radioactive material, combustible demolition materials and
industrial wastes, such as food-processing wastes, wood, plastic,
metal scrap, etc.
TERRACE
A relatively level step constructed in the face of a graded
slope surface for drainage and maintenance purposes.
TOE
The base or bottom of a slope at a point where the grade
changes abruptly to a significantly flatter grade.
An applicant shall apply for a grading permit, and this chapter
shall apply to any project which, in total or per phase (if proposed
to be completed or has been completed over more than one phase or
season of work), where earthwork, excavation (cut) or filling in excess
of 10 cubic yards will be completed.
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.
Plans and specifications shall be submitted and shall comply
with the following:
A. Plans shall be drawn to scale and shall be of sufficient clarity
to indicate the nature and extent of the work proposed and show in
detail that they will conform to the provisions of this chapter and
all relevant laws, ordinances, rules and regulations. The first sheet
of each set of plans shall give the location of the work and the name
and address of the owner and the person by whom they were prepared.
In addition, any applicable Allegheny County requirements for plan
submission shall apply. The plans shall include the following information:
(1) General vicinity of the proposed site.
(2) Property limits and accurate contours of existing ground and details
of terrain and area drainage for the site and surrounding area.
(3) Grading setbacks from property lines in accordance with Figure 1
at the end of this chapter.
(4) Limiting dimensions, elevations or finish contours to be achieved
by the grading, and the proposed drainage channels and related construction.
(5) Detailed schedule of when each portion of the site is to be graded;
how long the soil is to be exposed; and when the area is to be covered
with buildings, paving, new vegetation or temporary erosion control
measures.
(6) Detailed plans of all surface and subsurface drainage devices, walls,
cribbing, dams and other protective devices to be constructed with,
or as a part of, the proposed work, together with a map showing the
drainage area and the estimated runoff of the area served by any drains.
(7) Location of any buildings or structures on the property where the
work is to be performed and the location of any buildings or structures
on land of adjacent owners which are within 15 feet of the property
or which may be affected by the proposed grading operations.
(8) Specifications shall contain information covering construction and
material requirements.
(9) Civil engineering report. The civil engineering report, when required
by the Township, shall include hydrological calculations of runoff
and the existing or required safe storm drainage capacity outlet of
channels both on site and off site, and one in one-hundred-year flood
elevations for any adjacent watercourse. The report shall include
recommendations for stormwater control and disposal.
(10)
Soil (geotechnical) engineering report. The soil engineering
report, when required by the Township, shall include data regarding
the nature, distribution and strength of existing soils, design criteria,
and conclusions and recommendations applicable to the proposed development.
The report shall include recommendation for subdrainage, and for groundwater
control and disposal. Recommendations included in the report and approved
by the Township shall be incorporated in the plans and specifications.
For single-family residences, a surface reconnaissance and stability
questionnaire may be substituted for a formal soils report, at the
discretion of the Township.
(11)
Engineering geology report. The engineering geology report,
when required by the Township, shall include an adequate description
of the geology of the site and conclusions and recommendations regarding
the effect of geologic conditions on the proposed development and
site(s) to be developed. Recommendations included in the report and
approved by the Township shall be incorporated in the grading plans
and specifications.
B. Issuance. The Township may require that:
(1) The amount of the site exposed during any one period of time be limited.
(2) Grading work be scheduled to avoid weather periods or avoid critical
habitat use periods for areas existing on or adjacent to the development
site.
(3) Subsequent to the issuance of the grading permit, the Township may
require that grading operations and project designs be modified if
delays occur which can result in weather-generated problems not considered
at the time the permit was issued.
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 if it is not completed within the time indicated
on the permit, said completion date not to exceed one year from the
date on which the Township receives written notification that work
has commenced, provided that the governing body, acting upon the recommendation
of the administrator, may, if the permit holder presents satisfactory
evidence that unusual difficulties have prevented work from being
started or completed within the specified time limits, grant a reasonable
extension of time; and provided, further, that the application for
the 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 a
doubt to be cast upon the feasibility of the contents of the original
permit approval, must be reported to the administrator 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 administrator 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.
A fee in the amount of $5 per acre or each portion thereof will
be charged for each grading permit.
Upon written notice of any violation of any of the provisions
of this chapter being served by the administrator on any person, such
violation shall be discontinued in accordance with said notice. If
violation is not discontinued, the administrator shall revoke the
grading permit, and the violator shall be subject to fine.
Any person who violates any of the provisions of this chapter
shall be subject to a fine of not less than $100 nor more than $1,000
plus the costs of proceedings for each offense, the same to be collected
in the name of the Township of Shaler by summary proceeding, and,
in default of payment of the fine and costs, such person shall be
committed to the Allegheny County Jail for a period not to exceed
90 days. The continuance of any violation of this chapter for each
period of 24 hours after notice of the same by the administrator shall
be deemed a separate and distinct offense for each twenty-four-hour
period. Nothing contained herein shall be deemed to preclude the Township
of Shaler to seek other relief or avail itself of any remedy that
may be at law or in equity to prevent continuing violation of the
terms of this chapter or to restrain or abate such violation.