[HISTORY: Adopted by the Board of Commissioners of the Township
of Robinson as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-14-1992 by Ord. No. 13-1992 (Ch. 21, Part 2D,
of the 1989 Code)]
This article shall be known and may be cited as the "Site Grading
Ordinance of the Township of Robinson."
The purpose of this article is:
A.Â
To provide minimum standards to safeguard persons, protect property
and promote the general welfare by preventing excess erosion, hazardous
rock and soil slippage, sediment production and other soil and water
management problems by regulating and controlling the design, construction,
quality of materials, use, location and maintenance of grading, excavations
and fills.
B.Â
To establish performance standards which ensure land use practices
respectful of the natural topography and capabilities of the land.
C.Â
To encourage maximum retention of natural topography and vegetative
features on hillsides.
D.Â
To prevent earth-flow and rock-fall landslides.
E.Â
To prevent soil erosion and increases in stormwater runoff which
result in stream siltation, flooding and damage to the property of
others.
F.Â
To encourage imaginative and innovative site development and building
design that adapts to and takes advantage of the best use of the natural
terrain.
[Amended 10-8-2001 by Ord. No. 18-2001]
A.Â
This article concerns new grading, excavation and fills, and changes,
additions or alterations made in existing excavations, fills and embankments
which shall conform to the provisions of this article.
B.Â
No site shall be excavated, filled and/or graded except under the
conditions, restrictions and regulations as prescribed herein and
set forth in permits granted by the administrator for such purpose.
C.Â
The Township Board of Commissioners shall designate an administrator
for review, approval and granting of grading permits and to make inspections
of the grading work. The Township Board of Commissioners hereby designate
the Township Engineer to be the administrator of this article and
the Township Zoning Officer to enforce this article.
D.Â
A separate grading permit shall be required for each site. One permit
shall cover all grading, excavation and any fills made on the same
site.
E.Â
Only one permit shall be required for the grading of a large continuous
parcel of land for a major planned development such as a planned subdivision
development or a planned commercial development when the standards
for the grading of the entire parcel are satisfactory to and approved
by the administrator.
F.Â
All grading, excavations and fills, whether or not a grading permit
is required, shall conform to the provisions of this article.
G.Â
Except for emergency repairs necessary for the safety of persons
and/or property, no person shall undertake to excavate, fill and/or
grade any site except pursuant to a permit applied for and issued
in advance of the undertaking of such work. Where emergency repairs
are necessitated, application for a permit shall be made within five
days following completion of such work. Such application shall be
accompanied by such fees prescribed herein, and thereafter the remaining
sections of this article shall apply as if no such work was undertaken
or prosecuted prior to the grant of permit.
H.Â
Permits issued pursuant to this article do not relieve the owner
of responsibility for securing required permits for work to be done
which is regulated by any other applicable code or ordinance.
I.Â
If this article conflicts with any other ordinance of the Township
of Robinson, the more strict ordinance shall prevail and the more
strict provisions shall be adhered to.
[Amended 10-8-2001 by Ord. No. 18-2001]
A grading permit shall not be required for any of the following:
A.Â
An excavation which does not exceed five feet in vertical depth at its deepest point, measured from the natural ground surface, and covers a surface area of less than 5,000 square feet, provided that the surface of such excavation does not have a slope at any point steeper than three horizontal to one vertical. However, this subsection shall not be deemed to nullify the application of this article or any requirement for obtaining a grading permit with respect to any fill made with material from such an excavation unless otherwise excepted by Subsections B and C of this section.
B.Â
A fill which does not exceed 500 cubic yards of material on any one site. Any fill which is more than 10 cubic yards and not more than 499 cubic yards shall be required to comply with the requirements of Article II, Small Fill Requirements, of this chapter.
[Amended 4-11-2005 by Ord. No. 3-2005]
C.Â
Fill which is not intended to support structures and does not exceed
five feet in vertical depth at its deepest point, measured from the
natural ground surface, and does not cover an area of more than 5,000
square feet, provided that the surface of such fills does not have
a slope at any point steeper than four horizontal to one vertical
and does not obstruct a drainagecourse.
D.Â
An excavation below finished grade for basements and footings of a building, swimming pool or underground structure authorized by a building permit and an excavation of a driveway between a building site and the street. However, this Subsection D shall not be deemed to nullify the application of this article or any requirement for obtaining a grading permit with respect to any fill made with the material from such an excavation unless otherwise excused by Subsections B and C of this section.
E.Â
Soil excavated under the authorization of a properly issued building
permit which is temporarily stockpiled on the same site as the excavation.
If, however, excavated material is stockpiled on a site for a period
of longer than 120 days, then a permit shall be necessary when disposing
of the fill material.
F.Â
A building site improved under authorization of a properly issued building permit where the maximum natural gradient between property lines or the maximum excavation fill, exclusive of the situations referred to in Subsection D above, do not exceed the grades or quantities set forth in the following table:
One-Family House Site
(square feet)
|
Maximum Gradient Exclusive of Basements and Foundations
Without Permit
(feet)
|
Maximum Excavation or Fill Without Permit,
(cubic yards)
| |
---|---|---|---|
Less than 10,000
|
15 in 100
|
100
| |
10,000 to 24,000
|
15 in 100
|
200
| |
24,000 to 44,000
|
15 in 100
|
250
| |
Over 44,000
|
20 in 100
|
250
|
G.Â
Exploratory excavations under the direction of a soils engineer or
engineering geologist.
H.Â
Excavations for wells, tunnels, public utilities or cemetery graves.
I.Â
A permit shall not be required for work performed by the Township
or by contractors employed by the Township in a public street or alley,
Township park, playground or recreation area, access or utility easement
area or on other Township property.
J.Â
Grading which is limited to mining, quarrying or stockpiling of coal,
rock, sand, aggregate or clay that satisfies requirements of regulations
of the Commonwealth of Pennsylvania and for which a sedimentation
and erosion control plan has been approved and permits have been obtained.
K.Â
Grading which is limited to solid waste disposal areas or sanitary
landfills operated in accordance with the requirements and rules of
the Pennsylvania Department of Environmental Protection and for which
permits have been obtained.
L.Â
Landscaping for single-family homes, accepted agricultural land management
practices such as plowing, nursery operations, removal and/or transplanting
of cultivated sod, shrubs and trees and tree cutting at or above existing
ground, and logging operations leaving the stump, ground cover and
root mat intact.
M.Â
Any grading depicted in an approved site land development plan or
subdivision plan which contains a grading plan, provided that such
approval requires the posting of financial security and requires the
payment of all fees, costs and escrows to the Township.
A.Â
ADMINISTRATOR
APPLICANT
ARCHITECT
BEDROCK
BUFFER ZONE
BUILDING CODE
EARTH MATERIAL
ENGINEER
ENGINEERING GEOLOGIST
EROSION
EXCAVATION
EXCESSIVE SLOPE
FILL AND EMBANKMENT
FLOODPLAIN
GEOTECHNICAL ENGINEERING REPORT
GRADE
GRADING
GRADING, ENGINEERED
GRADING, REGULAR
GRADING PERMIT
GRADING PLAN
HAZARD
LANDSCAPE ARCHITECT
LANDSLIDE-PRONE SOILS
PERMIT HOLDER
PERSON
RETAINING WALL
SITE
SLOPE
SOILS ENGINEER
SOIL SURVEY
SOLID WASTE
STEEP SLOPES or EXCESSIVE SLOPES
STORMWATER MANAGEMENT
SUBDIVISION ORDINANCE
TOWNSHIP ENGINEER
ZONING ORDINANCE
For the purpose of this article, certain terms and words are herein
defined:
The person qualified and officially appointed by the Board
of Commissioners to manage this article or his authorized representative.
Any landowner or agent of a landowner who proposes to make
or cause to be made any excavation, fill or any combination thereof
pursuant to the provisions of this article.
A registered architect licensed as such in the Commonwealth
of Pennsylvania.
Natural rock layer, hard or soft, in place at ground surface
or beneath unconsolidated surficial deposits.
An area of land which may include natural or artificial land
forms, shrubs, bushes, trees, grass or other landscaping material
in order to provide a compact, year-round visual screen and protection
for adjacent properties.
Robinson Township Ordinance No. 10-1987, as amended.[1]
Any rock, sand, gravel, natural soil or other similar material.
A registered professional engineer in the Commonwealth of
Pennsylvania and knowledgeable in civil engineering.
A person who holds a degree in geology from an accredited
college or university and who has training and experience in the field
of engineering geology.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity, including such processes as gravitational
creep.
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.
Those slopes as identified on the soil group map as steep
slopes of 25% or more or any virgin area where, in a one-hundred-foot
horizontal distance, the average slope exceeds 25%.
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, including the condition resulting therefrom.
Areas designated by the Federal Emergency Management Administration
and other areas known to be subject to flooding.
A report prepared by a soils engineer or engineering geologist.
The elevation of the existing or proposed ground surface
at the location of any proposed excavation or fill.
Excavation or fill, or any combination thereof, including
the conditions resulting from any excavation or fill.
A grading operation in excess of 5,000 cubic yards and performed
in conformance with a grading plan and specifications prepared by
a professional engineer.
A grading operation of less than 5,000 cubic yards. Where
the site conditions warrant, the administrator may require the submission
of a report on the site as prepared by a professional engineer, soils
engineer or engineering geologist.
Any permit required pursuant to the provisions of this article.
A plan that depicts existing and proposed contours for any
proposed excavation and/or fill, which is set forth at a minimum of
two-foot contour intervals.
Any danger or potential danger to life, limb or health or
any adverse effect or potential adverse effect to the safety, use
or stability of property, waterways, public ways, structures, utilities,
storm sewers, sanitary sewers, including stream pollution.
A landscape architect licensed as such in the Commonwealth
of Pennsylvania.
Those soil formations whose characteristics are classified
as being landslide-prone or otherwise sensitive in the Soil Survey
of Allegheny County, Pennsylvania.
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 article.
Any natural person, association, corporation, utility, local
agency, administrative agency or authority, any agent or agency thereof,
any combination of the foregoing.
A structure composed of concrete, steel or other approved
building material constructed for the purpose of supporting a cut
or filled embankment which would otherwise not comply with the requirements
and standards set forth in this article and which is more than three
feet in height, as measured on the exposed vertical surface of the
wall.
A lot, tract or parcel of land but may be a series of lots,
tracts or parcels of land which are adjoining and with respect to
which grading work is to be continuous and performed at the same time,
situate within the Township of Robinson, Allegheny County, Pennsylvania.
The angle of the existing or proposed ground surface plane
to the horizontal expressed as the ratio of the horizontal to the
vertical or in percentage of slope (rise or fall per hundred feet).
A registered professional engineer in the Commonwealth of
Pennsylvania having training and experience in soils engineering.
Soil Survey of Allegheny County, Pennsylvania, as prepared
by the USDA Soil Conservation Service, et al. and accompanying text,
issued August 1981.
Any and all parts or combination of ashes, garbage, refuse,
radioactive material, combustible demolition materials and industrial
wastes such as food processing wastes, wood, plastic, metal scrap
and other such materials whose disposal is regulated by the Pennsylvania
Department of Environmental Protection.
Slopes where, in a one-hundred-foot horizontal distance,
the average slope exceeds 25%.
The control of surface water runoff as regulated by Chapter 240 of the Code of the Township of Robinson.
The Subdivision and Land Development Ordinance, as amended, being Chapter 250 of the Code of the Township of Robinson.
The consulting professional engineers licensed by the Commonwealth
of Pennsylvania to practice engineering, knowledgeable in the branch
of civil engineering, who have been retained by the Township Commissioners
of the Township of Robinson.
The Zoning Ordinance, as amended, being Chapter 300 of the Code of the Township of Robinson.
B.Â
Unless otherwise expressly stated, the terms and words defined in
this section shall, for the purpose of this article, have the meanings
herein indicated. Words used in the singular number include the plural
and words in the plural include the singular; words in the masculine
gender include the feminine and neuter, and the word "building" includes
the word "structure" and the word "structure" includes the word "building."
[Amended 10-8-2001 by Ord. No. 18-2001]
A.Â
Every applicant for a grading permit shall file a written application,
plans, specifications and a soil conservation report therefor with
the administrator in a form prescribed by the administrator. The application
shall indicate that the proposed grading is to be regular grading
or engineered grading and shall:
(1)Â
Describe the land on which the proposed work is to be done by lot,
block, tract and street address or similar description which will
readily identify and definitively locate the proposed work.
(2)Â
State the estimated dates for the starting and completion of grading
work.
(3)Â
State the purpose for which the grading application is filed.
(4)Â
State whether or not a building, structure or other improvement,
the construction of which will require a building permit pursuant
to the provisions of the Building Code, is intended to be erected
on the land on which the grading is to be done.
B.Â
The plans and specifications shall accurately portray and describe
the site and proposed soil erosion controls. Plans shall be submitted
in triplicate, one set of which shall be of a reproducible nature
and shall include:
(1)Â
The name of the applicant.
(2)Â
The name of the owner of the land.
(3)Â
The permission and approval of the owner of the property if the applicant
is an agent or tenant.
(4)Â
Accurate location by lot, block, tract, street address, a location
map or other similar information.
(5)Â
A contour map showing the present contours of the land and the proposed
contours after completion of the proposed grading at two-foot intervals
where the average slope is 10% or less and at five-foot intervals
where the average slope exceeds 10%.
(6)Â
Cross sections of the proposed cut or fill on one-hundred-foot intervals
which show the method of benching, both cut and/or fill; provided,
however, that there shall be not less than two cross sections for
each site.
(7)Â
A plot plan showing the location of the grading boundaries, lot lines,
neighboring streets or ways, buildings, surface and subsurface utilities
and waterways, drainage patterns and sufficient dimensions and other
data to show all work.
(8)Â
A description of the type and classification of the soil from the
soil survey, other standard surveys or from other methods.
(9)Â
Details and location of any proposed drainage, stormwater management
structures and pipes, erosion and sedimentation control measures,
walls and cribbing, together with a map showing the drainage area
of land tributary to the site.
(10)Â
Seeding locations and schedules, debris basins, diversion channels
and other erosion control measures.
(11)Â
The nature of fill material and such other information as the
administrator may require to carry out the purposes of this article.
(12)Â
The plans and specifications shall be supported by such supplemental
reports, data and additional information as the administrator may
reasonably require including, but not limited to, the following:
(13)Â
Where the proposed grading will result in a cut or fill slope
exceeding 20 feet in vertical height, soil borings shall be taken
and a report prepared by a registered engineer qualified in soil mechanics
addressing the proposed earthwork and grading. Such report shall make
specific recommendations for grading design.
(14)Â
The name and seal of the professional engineer who prepared
said plans.
(15)Â
A soil conservation report shall be required and include existing
site description of the topography, drainage, cover and soils; major
problems such as soil limitations, erosions and sediment potential
and surface runoff changes and recommendations to minimize soil limitations,
erosion and sediment and surface water disposal problems.
(16)Â
Trees and natural ground cover shall be retained wherever possible
to minimize the impact of the development on the site and environment.
A.Â
The administrator shall require that a geotechnical engineering report
be submitted by the applicant if the site is, has been or is likely
to become hazardous to persons or property. The overlay maps such
as the Coal Resource Maps prepared by United States Geological Survey,
1975, for the Greater Pittsburgh Region shall be used to locate hazardous
areas. The report shall contain a detailed description of the geological
conditions of the site and shall include conclusions and recommendations
that will demonstrate the relationship of the geological conditions
to the proposed development, including hazardous conditions, water
resources, mineral resources and environmental impact.
B.Â
In special cases, when grading occurs in areas of landslide-prone
soil or rock-fall prone areas as recognized by the soil survey or
other standard surveys, the administrator may require special precautions
prior to issuing a permit to the applicant. The results of all soil
tests and core borings made relative to the site shall be submitted
to the administrator.
C.Â
The administrator may deny a grading permit if the use of land to be graded, either excavation or filling, is not specifically known except for the intent of improving the site. The administrator shall review the application, plans, specifications and reports and determine whether the project will improve the site, is in the best interest of the Township and is not detrimental to the environment. The applicant may appeal the administrator's decision to the Board of Commissioners by preparing and submitting to the Board of Commissioners a site plan showing the development of the land in accordance with the Subdivision and Land Development Ordinance (Chapter 250).
D.Â
When the requirements of this article for obtaining a permit have
been met, the administrator shall approve the application and proposed
plan and grant a grading permit to the applicant.
E.Â
The administrator may waive the requirement of any or all plans and
specifications listed in this article if he finds that the information
on the application is sufficient to show that the work will conform
to the provisions of this article.
[Amended 19-8-2001 by Ord. No. 18-2001]
In the event that the applicant will move or grade an area of
more than 50,000 square feet or grade more than 10,000 cubic yards,
then a formal agreement may be required by the Board of Commissioners,
which will be prepared by the Township Solicitor. The grading agreement
may include requirements as may be recommended by the Township's
Engineer. All costs and expenses incurred by the Township, including
legal fees and engineering review, shall be borne and paid for by
the applicant.
Every grading permit shall expire and become null and void if
the work authorized by said permit has not been commenced within six
months or is not completed within one year from the date of issue,
provided that the administrator 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
for the extension of time is made before the date of expiration of
the permit.
A.Â
If the administrator shall determine that the work proposed by the
applicant is likely to endanger any property or person or any street
or alley or create hazardous conditions, the grading permit shall
be denied. In determining whether the proposed work is likely to endanger
property or streets or alleys or create hazardous conditions, the
administrator shall consider, among other relevant factors, the following:
possible saturation by rains, earth movements, surface water runoff
and subsurface conditions such as the stratification and faulting
of rock, aquifers, mine conditions, springs and the nature and type
of soil or rock. Reasons for denial of a grading permit shall be given
to the applicant in writing.
B.Â
Any person who is aggrieved by the application of the provisions
of this article may, within 15 days from the date of the denial of
the permit or such other adverse determination by the administrator,
file a written appeal therefrom to the Board of Commissioners. The
Board of Commissioners shall grant a hearing upon such an appeal within
45 days after the receipt of the written appeal.
C.Â
If any appeal is taken from the issuance of a building permit where a grading permit has also been issued and if such appeal shall, pursuant to the provisions of the Zoning Ordinance (Chapter 300), operate as a stay of all proceedings under any such building permit, then such appeal shall also operate to stay all proceedings under any such grading permit.
A.Â
The administrator shall make the inspections thereinafter required
and shall either approve that portion of the work which has been completed
or notify the permit holder wherein the same fails to comply with
provisions of this article.
B.Â
Grading and drainage plans approved by the administrator shall be
maintained at the site during the progress of the grading and drainage
and until the work has been approved.
C.Â
The permit holder shall submit to the administrator an as-built drawing
of the project before the issuance of a grading certificate of completion.
D.Â
The permit holder shall notify the administrator in order to obtain
inspections in accordance with the following schedule, and such notification
shall be made by the permit holder at least 24 hours before the inspection
is to be made:
(1)Â
Initial inspection. When work is about to be commenced and stake
out is completed.
(2)Â
Rough grading. When all rough grading has been completed.
(4)Â
Additional inspection. When in the opinion of the administrator other
inspections are necessary.
(5)Â
Final inspection. When all work, including the installation of all
drainage, landscaping and other structures, has been completed.
E.Â
If at any stage of the work the administrator shall determine by
inspection that the nature of the excavation or fills is such that
further work as authorized by an existing permit is likely to endanger
any property or streets or alleys or create hazardous conditions,
the administrator may require, as a condition to allowing the work
to be done, that such reasonable safety precautions be taken as the
administrator considers acceptable to avoid such likelihood of danger.
Any physical changes from the original plan uncovered on 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 which would tend to undermine
the basis upon which the permit was issued, must be immediately reported
to the administrator by the permit holder. If the circumstances dictate,
the administrator shall revoke the permit or otherwise modify the
conditions upon which the permit was initially issued.
[Amended 10-8-2001 by Ord. No. 18-2001]
A.Â
At the time of application, the applicant shall pay an application
review fee to cover the Township's cost of reviewing application documents.
Any additional charges incurred by the Township to review the application
of an excavation permit shall be borne by the applicant. Any application
fees not expended by the Township shall be returned to the applicant
within a reasonable period of time.
B.Â
Fees for review of the application for a permit shall be based upon
the estimated cost, approved by the Township Engineer, of the proposed
work, including grading, control facilities and landscaping, as approved
by the Township at the following rates:
Estimated Costs
|
Basic Fee
| |
---|---|---|
$0 to $5,000
|
$250
| |
$5,001 to $10,000
|
$300
| |
$10,001 or more
|
$500 plus $20 per $1,000 or fraction thereof in excess of $10,001.
The basic fee shall not exceed $3,000.
|
C.Â
Fees for engineering and legal review and engineering inspections
shall be equal to 2% of the total estimated cost of the grading work,
stormwater and erosion control facilities and landscaping, and shall
be collected by the Township prior to the issuance of a grading permit.
An initial escrow of such fees shall be established prior to the issuance
of the grading permit. In the event that the escrowed amount falls
below 50% of the amount initially escrowed, then the applicant shall
be required to deposit additional funds with the Township to reestablish
the escrowed amount to 2% of the estimated costs. A minimum of $500
shall be required. Review and inspection costs incurred by the Township
in excess of the escrowed amounts shall be the responsibility of the
applicant and paid for prior to final inspection.
D.Â
Should a granting agreement be required by the Township Board of Commissioners as described in § 146-8 of this article, a review fee of $150 will be required, together with payment of all engineering and legal fees incurred by the Township in connection with the special agreement.
E.Â
The plan checking fee for an amendment to a grading permit authorizing
additional work to that under a valid permit shall be the difference
between such fee paid for the original permit and the fee required
for the entire project; however, a minimum fee of $25 will be charged.
F.Â
Should the work require the use or occupancy of Township roads or
streets for access by heavy construction equipment or for hauling
of spoil or borrow material, separate financial security in an amount
determined by the Township Engineer shall be required to guarantee
the repair of pavements, curbs and sidewalks damaged during the grading
operation.
G.Â
As a condition of approval of an engineered grading permit under this article, the applicant shall post a cash or performance bond or other financial security acceptable to the Township in the amount of 110% of the estimated cost to perform the work. The bond or financial security shall not be in excess of $1,000,000. The cost estimate shall include the complete scope of work needed to be performed by the applicant to comply with this article and shall be prepared and certified by the applicant's engineer or architect and accepted as reasonable by the Township Engineer. The Township shall be the final arbiter as to the reasonableness of any cost estimates. The bond or financial security will not be reduced at any time until completion of the work required under the permit and the posting of the maintenance bond pursuant to Subsection H.
H.Â
Upon completion of the grading under an engineered grading permit, a maintenance bond in the amount of 15% of the cost estimated as determined in Subsection E shall be posted (payable to Robinson Township) for a period of 18 months.
I.Â
No financial security shall be required if another bond or approved
security is posted for construction and/or site improvements which
already covers the cost of grading and other control facilities.
If upon final inspection of the site for which a permit has
been issued it is found that the work authorized by the grading permit
has been satisfactorily completed in accordance with the requirements
of this article, a grading certificate of completion covering such
work and stating that the work is approved shall be issued to the
permit holder by the administrator.
A.Â
The owner of any property on which an excavation or fill has been
made shall maintain in good condition and repair the excavation or
fill permitted and also all retaining walls, cribbing, drainage structures,
fences, ground cover and other protective devices as may be a part
of the permit requirements.
B.Â
The continued use of said area shall be contingent upon the proper
maintenance and upkeep of all the above-mentioned items satisfactory
to the Township and subject to such further conditions as the Township
may prescribe, from time to time, to keep the site in proper condition.
C.Â
The grading certificate of completion may be revoked by the Township
Board of Commissioners at any time, upon the recommendation of the
administrator, where the conditions of the permit are not being observed;
the work covered by the permit has been materially extended or altered
without a permit to do so; or conditions exist which prejudice the
health, safety and welfare of any persons or property. Before such
revocation, the administrator shall first give written notice to the
permit holder and to the owner of the property involved, specifying
the defect or unsatisfactory condition involved and advising that
unless such defect or unsatisfactory condition is remedied the certificate
shall be revoked. If the defect or unsatisfactory condition is remedied
within 30 days of notice to the permit holder to correct same, the
certificate shall not be revoked.
D.Â
If the permit holder shall fail to correct such defect or unsatisfactory
condition within such thirty-day period, the Township may undertake
the necessary work and the costs thereof shall be borne by the permit
holder and collected in any manner authorized by law, including the
imposition of a lien against the property.
A.Â
Whenever the administrator determines that any existing excavation,
embankment or fill has become a hazard, as defined in this article,
the owner of the property upon which the grading is located or other
person or agent in control of said property, upon receipt of notice
in writing from the administrator, shall within the time specified
in such notice repair, reconstruct or remove such excavation, embankment
or fill so as to eliminate the hazard.
B.Â
If the permit holder shall fail to correct such hazardous or unsatisfactory
condition within the specified time period, the Township may undertake
the necessary work and the costs thereof, plus 20%, shall be borne
by the permit holder and collected in any manner authorized by law,
including an imposition of a lien against the property.
C.Â
Any excavation not completed within one year from the date of initial
grading shall constitute a nuisance and a hazard.
D.Â
The property owner shall restore, repair, reconstruct or remove such
excavation, embankment or fill as directed by the administrator within
30 days of receipt of said written notice.
[Amended 10-8-2001 by Ord. No. 18-2001 ]
The following general working conditions will apply to all grading
sites:
A.Â
Dust control. During grading operations, acceptable measures for
dust control will be exercised.
B.Â
Protection of public facilities. All public utilities and roadways
shall be protected in the design of and during the grading operation.
Construction equipment shall not be operated on public roads without
the placement of protective mats. Aggregate driveway or roadway surfaces
shall be provided to prevent tracking of dirt and mud onto the public
roadways. The Township shall require an overweight hauling bond or
road maintenance bond in the event that Township roads are traversed
by construction vehicles in the course of the grading activity. The
bond shall be calculated at the rate of $40,000 per road mile traversed.
C.Â
Cleanup. All soil washed or carried onto public streets during grading
operations shall be cleaned up as it accumulates. The owner of the
property being graded shall be responsible to protect and clean up
lower properties of silt and debris which have washed down into the
lower properties as a result of the grading work on the higher property.
D.Â
Workdays. None of the work or activity covered by a grading permit
shall be conducted on a Sunday or legal holiday without the approval
of the Commissioners.
E.Â
Work hours. All of the work and activity covered by a grading permit
shall be conducted between the hours of 6:00 a.m. and 8:00 p.m., prevailing
time, unless these time limits are extended, excused or otherwise
modified by the Board of Commissioners.
A.Â
Live stream crossings. Grading equipment will not be allowed to cross
live streams. Provision will be made for the installation of culverts
or bridges for such crossings. Permits shall be obtained from the
Pennsylvania Department of Environmental Protection for temporary
and permanent encroachments, relocations, enclosures and temporary
crossings of streams.
B.Â
Excessive slopes. Grading on excessive slopes shall be avoided so
as to minimize erosion and storm runoff, to protect watersheds, to
discourage erosion of soils by maintaining adequate foliage cover
on excessive slopes and to promote the perpetuation of open space
on hillsides. The areas considered to have excessive slope may be
revised or modified by the Board of Commissioners where studies or
information provided by a qualified agency or person documents the
need or possibility for such revision.
A.Â
All topsoil shall be removed from the area to be graded and stockpiled
and preserved for possible reuse on the site.
B.Â
Maximum slope steepness of a cut shall be no greater than two horizontal
to one vertical for minimizing erosion and landslide hazards. However,
a governmental review agency, professional engineer, soils engineer
or engineering geologist may determine the types of soil on the site
to be graded from the soil survey, geological surveys or core borings.
Maximum slopes can then be determined as follows:
(1)Â
Landslide-prone soils or unstable rock formations where existing
slopes are greater than 25% shall have proposed cut slopes no steeper
than three horizontal to one vertical.
(2)Â
Landslide-prone soils where existing slopes are less than 25% shall
have proposed cut slopes no steeper than two horizontal to one vertical.
(3)Â
Soils which are not or have a low probability of being landslide-prone
shall have a slope no steeper than 1Â 1/2 horizontal to one vertical.
C.Â
Cut slopes of up to one horizontal to one vertical may be allowed
under a grading permit, provided that two or more of the following
conditions are satisfied:
(1)Â
The material of which the excavation is made is sufficiently stable
to sustain a slope steeper than the slope specified above for recognized
soil conditions on the site. An acceptable geological report signed
and sealed by a soils engineer certifying that the steeper slope will
have sufficient stability and that it will not endanger any property
or result in property damage and that creation of a hazard will be
minimal shall be submitted to and may be approved by the administrator.
(2)Â
A retaining wall or other approved support designed by a professional
engineer and approved by the administrator is provided to support
the face of the excavation or to provide a fall zone at rock-faced
slopes.
(3)Â
The proposed slopes are demonstrated on a site plan which is presented
to the Planning Commission and the Township Board of Commissioners
to be absolutely necessary to permit the reasonable development of
the site, subject to other requirements of this section.
D.Â
The administrator may require that the excavation be designed so
that a line having a slope of 1Â 1/2 horizontal to one vertical,
measured from the bottom of the cut slope, will be entirely inside
the property lines of the property on which the excavation is made
if conditions exist which, under applicable engineering practice,
the excavation may not be deemed to be stable or safe.
E.Â
The administrator may require an excavation to be made with a cut
slope flatter than those specified above if he finds the material
in which the excavation is to be made is subject to erosion, is prone
to landslides or if other conditions exist which, under applicable
engineering practices, make such flatter cut slope necessary for stability
and safety.
F.Â
Excavation adjacent to any footing, foundation or structure shall
not extend below the minimum angle of repose or natural slope of the
soil under the nearest point of same unless such footing, foundation
or structure is first properly underpinned or otherwise protected
against settlement. Before commencing any excavation which will affect
physically in any way an adjoining property or structures thereon,
the permit holder shall notify, in writing, the owners of the adjoining
property or structures not less than 30 days before such excavation
is to be made, informing them excavation is planned. A copy of such
notice(s) shall be submitted to the administrator. Adjoining properties
and structures shall be protected as provided in the Building Code
and/or as required by the administrator.
G.Â
The top or bottom edge of final slopes shall normally set back three
feet from adjacent property lines or street right-of-way lines in
order to permit the normal rounding of the edge without encroaching
on the abutting property.
A.Â
No person, firm or corporation may store, handle or use any explosive
in the Township of Robinson without first obtaining a special permit
from the administrator. The administrator shall have the authority
to impose reasonable regulations and restrictions upon the storage,
handling and use of explosives. Any violation of any regulation or
requirement imposed by the administrator or imposed under any section
of this article shall be grounds for the revocation of any permit
theretofore issued.
B.Â
All blasting which is conducted in the Township shall be in conformity
with state requirements and shall be in compliance with the Act of
July 10, 1957, P.L. 685, 73 P.S. §§ 164 through 168,
as amended, and the Department of Labor and Industry rules and regulations
promulgated pursuant to the aforesaid statute.
C.Â
The administrator shall be notified at least one business day prior
to any blasting.
A.Â
All topsoil shall be removed from the area to be graded and stockpiled
and preserved for possible reuse on the site.
B.Â
The site shall be prepared by cutting toe benches and other keyways
so as to provide a firm base on which to place the fill. No fill or
embankment shall be made on landslide-prone soils without adequate
engineered preparation and drainage of the area to be filled.
C.Â
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:
(1)Â
The fill, in the judgment of the administrator, 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, buildings, storm drains or drainageways.
(2)Â
Soils capability and geological report, signed and sealed by a professional
engineer experienced in erosion control and soils analysis, certifying
that he has inspected the site and that the proposed deviation from
the slope specified above will not endanger any property or result
in property damage and that creation of a hazard will be minimal,
shall be submitted to and may be approved by the administrator.
D.Â
The administrator may require than an embankment or fill be constructed
with an exposed surface flatter than two horizontal to one vertical
if he finds that under the particular conditions such flatter surface
is necessary for stability and safety.
E.Â
Fills, embankments and finish grading shall be designed in accordance
with the following:
(1)Â
Where fills are located so that earth movement may result in personal
injury or damage to adjacent property, streets, alleys or buildings,
the bearing value and stability of the material under proposed fills
and embankments shall be determined by subsurface investigation performed
by a soils engineer or engineering geologist.
(2)Â
The type of fill material available in each stage of the grading
operation shall be determined in order to plan proper filling procedures.
(a)Â
Rock may be incorporated in fills and embankments but only in
layers 24 inches thick, maximum, as per the latest edition of Pennsylvania
Department of Transportation Specifications Publication 408, with
voids filled and a blanket of compacted fill separating one layer
of rock from the next. Rock fill shall not be placed near the bottom
of proposed foundations, building caissons and subsurface utility
installations. Suitable earth shall be reserved or provided to cover
rock fill under proposed seeded or planted areas.
(b)Â
No unsuitable material, such as coal, honey, red dog, expansive
shale and cinders, shall be placed in fill areas.
(c)Â
Wood or other solid waste material shall not be placed in fill
areas.
(3)Â
No fill of any kind shall be placed over topsoil, trees, stumps or
other material which would create a nuisance, potential fire hazard
or sanitation problem which would attract rodents, termites or other
pests.
(4)Â
On major fills or embankments, a toe bench shall be constructed below
the mantle on bedrock under the toe of fill.
(5)Â
Benching of the existing surface shall be required and indicated
on the cross sections.
(6)Â
A porous drain shall be installed on the bottom and back wall of
the toe bench together with a drain pipe and suitable discharge pipe
to the existing nonerosive surface beyond and below the toe of the
proposed fill.
(7)Â
Overfilling of slopes is desirable to permit final shaping of the
surface to proposed grade without the addition of loose fill over
the surface of the slope, provided that no fill shall be higher than
10 feet vertically before the slope is shaped to proper grade.
(8)Â
At the end of each workday, the horizontal surface of the fill shall
be shaped, compacted and rolled to provide for drainage.
(9)Â
All fills shall be compacted to provide stability of materials and
to prevent undesirable settlement. The fill (excepting rock) shall
be spread in a series of layers, each not exceeding 12 inches in thickness,
and shall be compacted by a sheep's-foot roller or other approved
method after each layer is spread. Fill shall be placed at the optimum
moisture content for the specified degree of compaction. The administrator
may require tests or other information if, in his opinion, the conditions
or materials are such that additional information is needed. Where
fills are to have streets, structures or public utilities placed in
or on them, a modified proctor density of 95% shall be achieved (ASTM
test designated D1557).
(10)Â
The top or bottom edge of final slopes shall be set back three
feet from adjacent property lines or street right-of-way 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.Â
Guidelines for minimizing erosion and sediment in the Erosion and
Sedimentation Control Handbook for Allegheny County, Pennsylvania
should be followed. One or a combination of guidelines should be used
to minimize hazards, depending on the site conditions and the proposed
grading.
B.Â
The administrator may approve grading plans not meeting the above
guidelines if the proposed grading plans are approved by the Allegheny
County Soil Conservation Service.
A.Â
In order to prevent erosion, the permit holder shall be required
to provide adequate ground covering of such kind and character as
may be approved by the administrator.
B.Â
For slopes steeper than three horizontal to one vertical, the ground
covering shall be an approved variety of erosion-resistant vegetation.
C.Â
The completion of finish grading should be done during a season of
the year when turf or ground cover can best be established.
D.Â
When grading is proposed for a site abutting a residential land use
or zone, a minimum twenty-foot buffer zone shall be maintained and
landscaped to minimize the visual impact of the work from adjacent
properties. Any relief from this requirement must be obtained from
the Board of Commissioners.
A.Â
If a retaining wall is constructed to satisfy a requirement of this
article, a building permit shall be required if the wall height exceeds
three feet in height. The requirements for approvals and inspections,
as stated herein, shall be complied with.
B.Â
Retaining walls shall be designed and constructed in accordance with
sound engineering practice. The plans submitted for approval shall
bear the seal and signature of a professional engineer registered
to practice in the Commonwealth of Pennsylvania.
C.Â
The backfilling of retaining walls and the construction of subterranean
drainage facilities shall be done in accordance with sound engineering
practice.
D.Â
In general, where a wall is replacing an exposed slope, the vertical
face of the wall shall be at least three feet back from the adjoining
property.
(1)Â
This requirement may be waived by the administrator if it can be
satisfactorily demonstrated that such an exception is necessary to
ensure normal use of the property.
(2)Â
This requirement may also be waived when the proposed retaining wall
is a joint venture between adjacent property owners and documents
evidencing the same are filed with the application for the permit.
E.Â
A fence not less than four feet in height of a design approved by the administrator and meeting requirements of the Zoning Ordinance (Chapter 300) shall be placed at the top of all new cuts and fills made when the cuts or fill slopes are steeper than two horizontal to one vertical and also elsewhere where public safety dictates.
A.Â
No grading work shall be started prior to approval of and implementation of a stormwater management plan in conformance with Chapter 240 of the Code.
B.Â
Adequate provisions shall be made to prevent surface water from damaging
the cut face of excavations and/or the sloping surface of fills and/or
adjacent properties. Interception and diversion facilities for stormwater
and surface water runoff, both above and below the cut and fill slope
areas during and after construction, shall be included in the design.
As a minimum, drainage facilities to proposed detention areas shall
be designed to accommodate the severest storm that might occur during
a twenty-five-year period.
C.Â
The drainage pattern prior to construction shall be indicated on
the plans. Adequate measures shall be taken to prevent any erosion
and water runoff damage to adjacent properties during the construction
and after completion of construction.
D.Â
Storm sewers, catch basins, drainage ditches and swales necessary
to protect adjacent properties, whether they be permanent or temporary
in nature, shall be constructed before any excavation or filling is
started. The storm sewers, catch basins, drainage ditches and swales
shall be maintained, cleaned, cleared and open during construction.
If the above is not complied with, the administrator shall stop all
clearing and grading on the site until the necessary drainage facilities
are completed or the permit will be revoked and the required financial
security forfeited.
E.Â
New storm sewers and utilities traversing a proposed fill area shall
be buried a minimum of three feet from top of pipe to proposed grade.
Fill shall be constructed in that area prior to installation of said
sewers and utilities. The minimum size storm sewer, exclusive of toe
or bench drains, shall be 15 inches in diameter unless a variation
in size is approved by the administrator. All storm sewers located
under pavement areas shall be reinforced concrete pipe.
F.Â
Slopes steeper than two horizontal to one vertical and of more than
20 feet in vertical height shall be separated by a level berm of at
least 10 feet in width at intervals of no more than 20 feet vertically
if the slope is potentially hazardous due to easily erosive material.
G.Â
On slopes of two horizontal to one vertical or less steep, the ten-foot
level berms will not be required unless deemed necessary by the administrator.
H.Â
Drainage ditches with a grade of 5% or greater shall be paved with
concrete, bituminous mixture, brick, half pipe, rubble or other hard
nonerodable material.
I.Â
Drainage ditches with a grade of less than 5% shall be grassed and
sloped in such a manner that they can be conveniently cut and maintained.
J.Â
Drainage structures, storm sewers, detention ponds, sedimentation
ponds and appurtenances shall be of proper design and so constructed
as to carry surface water and any subsurface water encountered to
the nearest practical storm drain or natural watercourse approved
by the administrator as a safe place to deposit and receive such waters.
Approval by the administrator in no way relieves the owner of his
legal responsibilities to adjacent property owners. The owner shall
also comply with all state laws and regulations dealing with enclosing
or discharging into existing streams, channels or storm sewers.
K.Â
As a guide for the prevention of damage, grading plans shall follow
vegetative control methods and ditch and conduit control methods in
the Erosion and Sediment Control Handbook for Allegheny County, Pennsylvania.
The administrator may approve methods and materials recommended by
governmental agencies, professional engineers and architects when
they are more suitable to the site in preventing damage. Private drainage
facilities of any nature shall be at least designed to accommodate
the largest size storm that would occur on the average of every 10
years. The site design shall provide a safe floodway for flows from
storms of greater intensity.
L.Â
No rock fill shall be placed around or over storm sewers or drainage
facilities other than that designed as part of the site drainage facilities.
All grading work within designated or known floodplains shall conform to the requirements and standards of the Floodplain Ordinance (Chapter 140).
A.Â
Neither the issuance of a permit under the provisions of this article
nor the compliance with the provisions hereof or with any condition
imposed by the administrator hereunder shall relieve any permit holder
from any responsibility for damage to persons or property resulting
therefrom, or as otherwise imposed by law, nor impose any liability
upon the Township, its employees and its consultants for damages to
persons or property.
B.Â
The permit holder shall be fully responsible for any noncompliance
with approved plans. He shall carry the responsibility both for his
own employees and for all subcontractors from the first day of grading
until released by the Township. The use of qualified personnel experienced
and knowledgeable in the practice of excavation and landscape restoration
shall be required.
A.Â
No person shall construct, enlarge, alter, repair or maintain any
grading, excavation or fill or cause same to be done contrary to or
in violation of any provision of this article.
B.Â
When notice of any violation of or noncompliance with any provision
of this article has been given by the Township, such violation shall
be discontinued immediately unless the Township has specifically designated
a reasonable time limit for compliance. Any violation which continues
after such notice shall be subject to the penalties provided in this
article.
C.Â
Any person who violates any of the provisions of this article may
be charged with such violation and, upon conviction thereof, shall
be sentenced to pay a fine of not more than $500 for each violation
and costs of prosecution or alternatively sentenced to pay a fine
of not more than the maximum permitted under Pennsylvania law, as
the same may be, from time to time, amended and in effect as of the
date of conviction.
D.Â
Whenever any person violating any of the provisions of this article
is notified of such violation by the Township by service, summons
or any other manner, each day or portion thereof a violation occurs
or continues shall constitute a separate violation.
E.Â
In addition to the above-stated violations and penalties, the Township
may seek remedies and penalties under applicable Pennsylvania statutes
or regulations.
F.Â
In addition to the above penalties, all other actions are hereby
reserved by the Township Commissioners, including, without limitation,
an action in equity for the proper enforcement of this article. The
imposition of a fine or penalty for any violation of or noncompliance
with this article shall not excuse the violation or noncompliance
or permit it to continue.
G.Â
The Township Commissioners shall have the right and do hereby reserve
such right to compel strict performance with the provisions of this
article and/or the conditions, regulations and restrictions of any
permit issued hereunder by action at law or in equity. Any excavation,
filling and/or grading in noncompliance with this article may be declared
by the Township Commissioners to be a public nuisance and abatable
as such.
In case any work is performed by any person in violation of
any of the provisions of this article, the proper officers of the
Township, in addition to other remedies, may institute in the name
of the Township an appropriate action or proceeding, whether by legal
process or otherwise, to prevent such unlawful work and to restrain
or abate such violation.
[Adopted 4-11-2005 by Ord. No. 3-2005]
This article shall be known and may be cited as the "Small Fill
Ordinance of the Township of Robinson."
The purpose of this article is:
A.Â
To provide minimum standards to safeguard persons, protect property
and promote the general welfare of the Township and its residents
by preventing excess erosion, hazardous rock and soil slippage, sediment
production and other soil and water management problems by regulating
and controlling the design, construction, quality of materials, use,
location and maintenance of fills.
B.Â
To establish performance standards which ensure land use practices
respectful of the natural topography and capabilities of the land.
C.Â
To encourage maximum retention of natural topography and vegetative
features on hillsides.
D.Â
To prevent earth-flow and rock-fall landslides.
E.Â
To prevent soil erosion and increases in stormwater runoff which
result in stream siltation, flooding and damage to the property of
others.
F.Â
To encourage imaginative and innovative site development and building
design that adapts to and takes advantage of the best use of the natural
terrain.
G.Â
The requirements of this article shall only be applicable to fills
of 10 cubic yards to 499 cubic yards.
Every landowner or agent proposing to create a fill on any property within the Township of Robinson not less than 10 cubic yards or more than 499 cubic yards, cumulatively, in any twelve-month consecutive period shall be required to obtain a small fill permit. Every applicant for a fill permit shall file a written application for such permit in a form prescribed by the Township's Zoning Administrator. The Township Zoning Administrator may, in his sole discretion, require plans, specifications and/or a soil conservation report as he deems reasonably necessary to evaluate the proposed fill on any site. The Township Zoning Administrator also may, in his sole discretion, require compliance with the application procedure set forth in Article I, Site Grading, as he deems reasonably necessary in view of the amount of the proposed fill at any site.
A.Â
The Zoning Administrator shall require that a geotechnical engineering
report be submitted by the applicant if the site is, has been or is
likely to become hazardous to persons or property. The overlay maps
such as the Coal Resource Maps prepared by United States Geological
Survey, 1975, for the Greater Pittsburgh Region shall be used to locate
hazardous areas. The report shall contain a detailed description of
the geological conditions of the site and shall include conclusions
and recommendations that will demonstrate the relationship of the
geological conditions to the proposed development, including hazardous
conditions, water resources, mineral resources and environmental impact.
B.Â
When the requirements of this article for obtaining a permit have
been met, the Zoning Administrator shall approve the application and
proposed plan and grant a fill permit to the applicant.
C.Â
The Zoning Administrator may waive the requirement of any or all
plans and applications listed in this article if he finds that the
information on the application is sufficient to show that the work
will conform to the provisions of this article.
Every fill permit shall expire and become null and void if the
work authorized by said permit has not been commenced within six months
or is not completed within one year from the date of issue, provided
that the Zoning Administrator 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 for
the extension of time is made before the date of expiration of the
permit.
A.Â
If the Zoning Administrator shall determine that the work proposed
by the applicant is likely to endanger any property or person or any
street or alley or create hazardous conditions, the fill permit shall
be denied. In determining whether the proposed work is likely to endanger
property or streets or alleys or create hazardous conditions, the
Zoning Administrator shall consider, among other relevant factors,
the following: possible saturation by rains, earth movements, surface
water runoff and subsurface conditions, such as the stratification
and faulting of rock, aquifers, mine conditions, springs and the nature
and type of soil or rock. Reasons for denial of a grading permit shall
be given to the applicant in writing.
B.Â
Any person who is aggrieved by the application of the provisions
of this article may, within 15 days from the date of the denial of
the permit or such other adverse determination by the Zoning Administrator,
file a written appeal therefrom to the Board of Commissioners. The
Board of Commissioners shall grant a hearing upon such an appeal within
45 days after the receipt of the written appeal.
A.Â
The Code Enforcement Officer for the Township shall make periodic
inspections and shall either approve that portion of the work which
has been completed or notify the permit holder wherein the same fails
to comply with provisions of this article.
B.Â
If at any stage of the work the Code Enforcement Officer shall determine
by inspection that the nature of the fill is such that further work
as authorized by an existing permit is likely to endanger any property
or streets or alleys or create hazardous conditions, the Code Enforcement
Officer may require, as a condition to allowing the work to be done,
that such reasonable safety precautions be taken as the Code Enforcement
Officer considers acceptable to avoid such likelihood of danger.
Any physical changes from the original plan uncovered on 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 which would tend to undermine
the basis upon which the permit was issued, must be immediately reported
to the Code Enforcement Officer by the permit holder. If the circumstances
dictate, the Code Enforcement Officer shall revoke the permit or otherwise
modify the conditions upon which the permit was initially issued.
A.Â
At the time of application, the applicant shall pay an application
review fee to cover the Township cost of reviewing application documents.
B.Â
Fees for review of the application for a permit shall be based upon
the following schedule:
Quantity of Fill
|
Cost
| |
---|---|---|
10 to 100 cubic yards
|
$25
| |
101 to 250 cubic yards
|
$100
| |
251 to 499 cubic yards
|
$175
|
C.Â
The Zoning Administrator may refer the application to the Township's
Engineer and legal counsel for review. In such event, the applicant
shall be required to pay the charges and costs billed by the Township
Engineer and Solicitor in accordance with the Township's Fee
Schedule then in effect.
D.Â
Should the transportation of fill to the site require the use or
occupancy of Township roads or streets for access by heavy construction
equipment or hauling of materials, separate financial security in
an amount determined by the Township Engineer shall be required to
guarantee the repair of pavements, curbs, streets and sidewalks damaged
during a fill operation.
If upon final inspection of the site for which a permit has
been issued it is found that the work authorized by the grading permit
has been satisfactorily completed in accordance with the requirements
of this article, a small fill certificate of completion covering such
work and stating that the work is approved shall be issued to the
permit holder by the Zoning Officer.
A.Â
The owner of any property on which a fill has been made shall maintain
in good condition and repair the fill permitted and also all retaining
walls, cribbing, drainage structures, fences, ground cover and other
protective devices as may be a part of the permit requirements.
B.Â
The continued use of said area shall be contingent upon the proper
maintenance and upkeep of all the above-mentioned items satisfactory
to the Township and subject to such further conditions as the Township
may prescribe, from time to time, to keep the site in proper condition.
C.Â
The fill certificate of completion may be revoked by the Township
Board of Commissioners at any time, upon the recommendation of the
Code Enforcement Officer, where the conditions of the permit are not
being observed; the work covered by the permit has been materially
extended or altered without a permit to do so; or conditions exist
which prejudice the health, safety and welfare of any persons or property.
Before such revocation, the Code Enforcement Officer shall first give
written notice to the permit holder and to the owner of the property
involved, specifying the defect or unsatisfactory condition involved
and advising that unless such defect or unsatisfactory condition is
remedied the certificate shall be revoked. If the defect or unsatisfactory
condition is remedied within 30 days of notice to the permit holder
to correct same, the certificate shall not be revoked.
D.Â
If the permit holder shall fail to correct such defect or unsatisfactory
condition within such thirty-day period, the Township may undertake
the necessary work, and the costs thereof shall be borne by the permit
holder and collected in any manner authorized by law, including the
imposition of a lien against the property.
A.Â
Whenever the Code Enforcement Officer determines that any existing
excavation, embankment or fill has become a hazard, as defined in
this article, the owner of the property upon which the grading is
located or other person or agent in control of said property, upon
receipt of notice in writing from the administrator, shall within
the time specified in such notice repair, reconstruct or remove such
excavation, embankment or fill so as to eliminate the hazard.
B.Â
If the permit holder shall fail to correct such hazardous or unsatisfactory
condition within the specified time period, the Township may undertake
the necessary work, and the costs thereof, plus 20%, shall be borne
by the permit holder and collected in any manner authorized by law,
including an imposition of a lien against the property.
C.Â
Any fill not completed within one year from the date of initial fill
activity shall constitute a nuisance and a hazard.
D.Â
The property owner shall restore, repair, reconstruct or remove such
fill as directed by the Code Enforcement Officer within 30 days of
receipt of said written notice.
The following general working conditions will apply to all grading
sites:
A.Â
Dust control. During grading operations, acceptable measures for
dust control will be exercised.
B.Â
Protection of public facilities. All public utilities and roadways
shall be protected in the design of and during the grading operation.
Construction equipment shall not be operated on public roads without
the placement of protective mats. Aggregate driveway or roadway surfaces
shall be provided to prevent tracking of dirt and mud onto the public
roadways. The Township shall require an overweight hauling bond or
road maintenance bond in the event that Township roads are traversed
by construction vehicles in the course of the grading activity. The
bond shall be calculated at the rate of $12,500 per improved lane
mile traversed or $6,000 per unimproved lane mile traversed.
C.Â
Cleanup. All soil washed or carried onto public streets during grading
operations shall be cleaned up as it accumulates. The owner of the
property being graded shall be responsible to protect and clean up
lower properties of silt and debris which have washed down into the
lower properties as a result of the grading work on the higher property.
D.Â
Workdays. None of the work or activity covered by a grading permit
shall be conducted on a Sunday or legal holiday without the approval
of the Commissioners.
E.Â
Work hours. All of the work and activity covered by a grading permit
shall be conducted between the hours of 6:00 a.m. and 8:00 p.m., prevailing
time, unless these time limits are extended, excused or otherwise
modified by the Board of Commissioners.
A.Â
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:
(1)Â
The fill, in the judgment of the Code Enforcement Officer, 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, buildings, storm drains or drainageways.
(2)Â
If required, soils capability and geological report, signed and sealed
by a professional engineer experienced in erosion control and soils
analysis, certifying that he has inspected the site and that the proposed
deviation from the slope specified above will not endanger any property
or result in property damage and that creation of a hazard will be
minimal, shall be submitted to and may be approved by the administrator.
B.Â
The Code Enforcement Officer may require that an embankment or fill
be constructed with an exposed surface flatter than two horizontal
to one vertical if he finds that under the particular conditions such
flatter surface is necessary for stability and safety.
C.Â
Fills shall be designed in accordance with the following:
(1)Â
Where fills are located so that earth movement may result in personal
injury or damage to adjacent property, streets, alleys or buildings,
the bearing value and stability of the material under proposed fills
and embankments shall be determined by subsurface investigation performed
by a soils engineer or engineering geologist, if required.
(2)Â
No fill of any kind shall be placed over topsoil, trees, stumps or
other material which would create a nuisance, potential fire hazard
or sanitation problem which would attract rodents, termites or other
pests.
(3)Â
All fills shall be compacted to provide stability of materials and
to prevent undesirable settlement. The fill (excepting rock) shall
be spread in a series of layers, each not exceeding 12 inches in thickness,
and shall be compacted by a sheep's-foot roller or other approved
method after each layer is spread. Fill shall be placed at the optimum
moisture content for the specified degree of compaction. The Code
Enforcement Officer may require tests or other information if, in
his opinion, the conditions or materials are such that additional
information is needed. Where fills are to have streets, structures
or public utilities placed in or on them, a modified proctor density
of 95% shall be achieved (ASTM test designated D1557).
(4)Â
The top or bottom edge of final slopes shall be set back three feet
from adjacent property lines or street right-of-way 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.Â
Neither the issuance of a permit under the provisions of this article
nor the compliance with the provisions hereof or with any condition
imposed by the administrator hereunder shall relieve any permit holder
from any responsibility for damage to persons or property resulting
therefrom or as otherwise imposed by law, nor impose any liability
upon the Township, its employees and its consultants for damages to
persons or property.
B.Â
The permit holder shall be fully responsible for any noncompliance
with approved plans. He shall carry the responsibility both for his
own employees and for all subcontractors from the first day of grading
until released by the Township. The use of qualified personnel experienced
and knowledgeable in the practice of excavation and landscape restoration
shall be required.
A.Â
No person shall construct, enlarge, alter, repair or maintain any
fill or cause the same to be done contrary to or in violation of any
provision of this article.
B.Â
When notice of any violation of or noncompliance with any provision
of this article has been given by the Township, such violation shall
be discontinued immediately unless the Township has specifically designated
a reasonable time limit for compliance. Any violation which continues
after such notice shall be subject to the penalties provided in this
article.
C.Â
Any person who violates any of the provisions of this article may
be charged with such violation and, upon conviction thereof, shall
be sentenced to pay a fine of not more than $500 for each violation
and costs of prosecution or alternatively sentenced to pay a fine
of not more than the maximum permitted under Pennsylvania law, as
the same may be, from time to time, amended and in effect as of the
date of conviction.
D.Â
Whenever any person violating any of the provisions of this article
is notified of such violation by the Township by service, summons
or any other manner, each day or portion thereof a violation occurs
or continues shall constitute a separate violation.
E.Â
In addition to the above-stated violations and penalties, the Township
may seek remedies and penalties under applicable Pennsylvania statutes
or regulations.
F.Â
In addition to the above penalties, all other actions are hereby
reserved by the Township Commissioners, including, without limitation,
an action in equity for the proper enforcement of this article. The
imposition of a fine or penalty for any violation of or noncompliance
with this article shall not excuse the violation or noncompliance
or permit it to continue.
G.Â
The Township Commissioners shall have the right and do hereby reserve
such right to compel strict performance with the provisions of this
article and/or the conditions, regulations and restrictions of any
permit issued hereunder by action at law or in equity. Any excavation,
filling and/or grading in noncompliance with this article may be declared
by the Township Commissioners to be a public nuisance and abatable
as such.
In case any work is performed by any person in violation of
any of the provisions of this article, the proper officers of the
Township, in addition to other remedies, may institute in the name
of the Township an appropriate action or proceeding, whether by legal
process or otherwise, to prevent such unlawful work and to restrain
or abate such violation.