[HISTORY: Adopted by the Board of Supervisors of the Township
of Upper Burrell 10-1-2007 by Ord. No. 4-2007. Amendments noted where
applicable.]
It shall be unlawful for any person, partnership, business or
corporation to undertake, or cause to be undertaken, the excavation,
filling and/or grading of any land within the Township unless an approved
permit has been obtained from the Township.
A.
The provisions, regulations, limitations, and restrictions of this
chapter shall apply to any excavation, filling and/or grading of any
land within the Township, unless specifically exempted herein.
B.
Earth disturbance activities and associated stormwater management
activities are also regulated under existing state law and implementing
regulations. This chapter shall operate in coordination with those
parallel requirements; the requirements of this chapter shall be no
less restrictive in meeting the purposes of this chapter than state
law.
C.
Exemptions. The following activities are specifically exempt from
the permit requirements of this chapter:
(1)
Use of land for gardening and landscaping, provided that area of
earth disturbance does not exceed 5,000 square feet and all work including
runoff which may result from work does not adversely affect any adjoining
property or Township street, as determined by Township Engineer.
(2)
Agriculture, when operated in accordance with a conservation plan
or erosion and sedimentation control plan approved by the Westmoreland
County Conservation District. Agricultural activities such as producing
crops and raising livestock including tillage, plowing, disking, harrowing,
pasturing and other such activities are specifically exempt from complying
with the requirements of this chapter.
(3)
An excavation, solely for the purpose of the construction of basements,
foundations and footings of a building, or structure authorized by
a building permit, provided that no other grading is proposed.
(4)
All activities conducted by authority of Upper Burrell Township Board
of Supervisors.
For the purposes of this chapter, certain terms and words herein
shall be interpreted as follows:
A.
Words used in the present tense include the future tense; the singular
number includes the plural, and the plural number includes the singular;
words of masculine gender include feminine gender; and words of feminine
gender include masculine gender.
B.
The word "include" or "including" shall not limit the term to the
specific example but is intended to extend its meaning to all other
instances of like kind and character.
C.
The word "person" includes an individual, firm, association, organization,
partnership, trust, company, corporation, or any other similar entity.
D.
The words "shall" and "must" are mandatory; the words "may" and "should"
are permissive.
E.
The words "used or occupied" include the words "intended, designed,
maintained, or arranged to be used, occupied or maintained."
The following words and phrases when used in this chapter shall
have the meanings given to them in this subsection unless the context
clearly indicates otherwise:
The work of producing crops and raising livestock including
tillage, plowing, disking, harrowing, pasturing and installation of
conservation measures. Construction of new buildings or impervious
area is not considered an agricultural activity.
The Westmoreland County Conservation District.
The County of Westmoreland, Pennsylvania.
A construction or other human activity which disturbs the
surface of the land, including, but not limited to, clearing and grubbing,
grading, excavations, embankment construction, land development, building
construction and the moving, depositing, stockpiling, or storing of
soil, rock or earth materials, road maintenance excluding periodic
resurfacing.
Any rock, natural soil or fill and/or any combination thereof.
A professional engineer duly appointed as the engineer for
the Township of Upper Burrell.
The wearing away of the land surface by running water, wind,
ice, or other geological agents, including such process as gravitational
creep or by chemical agent.
The mechanical removal of earth material.
The disposition of earth material, or any material.
Pennsylvania Department of Environmental Protection, Westmoreland
County Conservation District or Upper Burrell Township.
Any excavating or filling or combination thereof.
An individual, partnership, association, corporation or a
governmental unit, public entity or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site of origin by
water, wind, gravity, or ice and has come to rest on the earth's
surface.
The process by which mineral or organic matter is accumulated
or deposited by the movement of water, wind, gravity or ice.
Those areas on the development site which have a slope or
property having a slope of 4:1 or 25% or greater.
A.
No cut or fill grade shall exceed a slope of 2:1 or 50%. No cut or
fill grade shall exceed a slope of 3:1 or 33% unless such cut or fill
grade is approved by the Township Engineer, said approval to be made
when the Township Engineer is satisfied that the proposed cut or fill
grade shall not adversely impact the environment and shall not create
a condition hazardous to the safety and welfare of Township residents
or other persons. These provisions shall apply to all cuts and fills
exceeding 100 square feet in exposed surface area including cuts and
fills on land naturally exceeding 2:1 or 3:1 slope, as the case may
be.
B.
No cutting, filling or other earth disturbance, including natural
vegetation, is permissible within 50 feet of the edge of natural drainage
courses except as permitted by action of the applicable governing
body. In such cases, permission may be granted, provided special precautions
are taken to insure against continuing erosion and sedimentation or
other circumstances which may be harmful to the immediate watercourse
or in any way pollute waters of the commonwealth.
A.
Steep slopes within the area of a lot intended for construction of
a single-family dwelling or for improving a lot with an existing single-family
dwelling shall meet the following requirements:
(1)
The top or toe of the steep slope shall be located at least 70 feet
behind the building line, where the top or toe of the final slope
is behind the structure.
B.
If the steep slopes are altered by grading during preparation of
a lot for construction, the resulting finished slope shall be 2:1
or 50% or less.
C.
Steep slopes between 25% and 40% on any site may be disturbed by
grading, alteration or removal of vegetation, provided that a geotechnical
report prepared by a civil engineer registered in the Commonwealth
of Pennsylvania with experience in geotechnical engineering shall
be submitted with the grading permit application.
D.
Steep slopes in slide-prone soils will not be permitted for grading,
alteration or removal of vegetation.
E.
Finished slopes after excavating or grading shall be stable and shall
not create hazards to adjoining properties from erosion, sedimentation
or stormwater runoff.
Application for a grading permit shall be made in writing to
the Township on forms supplied by the Township. Such application shall
contain at least the following:
B.
An identification and description of the work to be covered by the
permit for which application is made.
C.
A description of the land on which the proposed work is to be done,
by lot, block, tract and house and street address, or similar description
which will readily identify and accurately locate the proposed work.
D.
An estimate of the cost of the proposed work. Estimated costs shall
be reviewed and approved by the Township Engineer prior to issuance
of grading permit.
E.
The name and contact information of the registered professional preparing
the grading plan for the areas of disturbance wherein the final grade
will result in a steep slope.
F.
Such other information as reasonably may be required by the Township.
G.
Submission of plans for review.
The Township shall issue a grading permit only after it has
been determined that the proposed work will be in conformance with
all applicable requirements and regulations.
After the issuance of a grading permit by the Township, no changes
of any kind shall be made to the application, grading permit or any
of the plans, specifications or other documents submitted with the
application without the written consent or approval of the Township
or its designated official.
In addition to the grading permit, the Township shall issue
a placard which shall be displayed on the premises during the time
the work is in progress. This placard shall show the number of the
grading permit, the date of its issuance, expiration date, and be
signed by the either the Township Engineer or its designated official.
A.
The proposed work shall begin within six months after the date of
issuance of the grading permit or the permit shall expire unless a
time extension is granted in writing by the Township.
During the permitted work period, the Township or their designated
official may inspect the premises to determine that the work is progressing
in compliance with information provided on the permit application
and with all applicable Township laws and ordinances and applicable
laws. In the event the Township discovers that the work does not comply
with the permit application or any applicable laws and ordinances,
or that there has been a false statement or misrepresentation by any
applicant, the Township Official may revoke the grading permit and
report such fact to the Board of Supervisors for whatever action it
considers necessary. The applicant shall be responsible for all direct
costs incurred by Township as a result of inspections of proposed
grading work.
The application for a grading permit shall be accompanied by a fee in an amount as established from time to time by resolution of the Board of Supervisors payable to the Township. Any new permit required pursuant to § 173-11B of this chapter shall be accompanied by a fee in an amount as established from time to time by resolution of the Board of Supervisors.
Permittees shall bear all costs of inspections required or permitted
hereunder and shall deposit with the Township such sum as the Board
of Supervisors shall determine, to guarantee payment of the costs
of such inspections. The costs of such inspections shall be in accordance
with the established schedule of fees and collection procedure for
matters pertaining to this chapter.
A.
Any person aggrieved by any action of the Township or its designee
may appeal to the Upper Burrell Township Board of Supervisors within
30 days after the receipt of the determination. The Township shall
set a time and place no less than 10 days or more than 60 days for
the purpose of a hearing of the appeal.
B.
Any person aggrieved by any decision of the Upper Burrell Township
Board of Supervisors may appeal to the Westmoreland County Court of
Common Pleas within 30 days of the Board of Supervisors decision.
A.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.[1]
B.
In addition, the Township, through its solicitor, may institute injunctive,
mandamus or any other appropriate action or proceeding at law or in
equity for the enforcement of this chapter. Any court of competent
jurisdiction shall have the right to issue restraining orders, temporary
or permanent injunctions, mandamus or other appropriate forms of remedy
or relief.
