[HISTORY: Adopted by the Board of Commissioners
of the Township of Radnor 2-25-1974 by Ord. No. 1564 as Ch. 69 of the 1974
Code. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Radnor Township Grading Ordinance."
The purpose of this chapter is to provide minimum
standards to safeguard persons, to protect property and to promote
the public welfare by regulating and controlling the design, construction,
quality of materials, use, location and maintenance of grading, excavations
and fills.
As used in this chapter, the following terms
shall have the meanings indicated:
A permit issued by the Building Inspector pursuant to the provisions of Chapter 125, Building Construction, for the construction, erection or alteration of a structure or building.
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 includes the conditions resulting therefrom.
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 includes the conditions resulting therefrom.
The elevation of the existing ground surface at the location
of any proposed excavation or fill.
Excavation or fill or any combination thereof, and includes
the conditions resulting from any excavation or fill.
Any permit required under § 175-5 hereof.
A natural person, but also includes a partnership or corporation.
A lot, tract or parcel of land, or a series of lots, tracts
or parcels of land joined together, where grading work is continuous
and performed at the same time.
New grading, excavations and fills or changes,
additions, repairs or alterations made to existing excavations and
fills shall conform to the provisions of this chapter, except that
this chapter shall not apply to work in a public street or alley[1] or in a Township park, playground or recreation area or
on other public property.
[Amended 5-28-1974 by Ord. No. 1572]
No person shall commence or perform any grading, excavation or fill without first having obtained a grading permit from the Township Engineer, and in the case of an excavation or fill involving 10,000 cubic yards or more, except where a subdivision is involved as defined in § 255-6 of the Code of the Township of Radnor, the written approval of the Board of Commissioners is required. A separate grading permit shall be required for each site. One permit may cover both an excavation and any fill made on the same site. A grading permit will not be required, however, in the following situations, but in all other respects the provisions of this chapter shall apply:
A.
An excavation which does not exceed three feet in
vertical depth at its deepest point measured from the natural ground
surface nor cover an area of more than 1,000 square feet. This exception
shall not affect the applicability of this chapter nor the requirement
of a grading permit for any fill made with the material from such
excavation.
B.
A fill which does not exceed 10 cubic yards of material
on any one site or a fill which does not exceed three feet in vertical
depth at its deepest point measured from the natural ground surface
nor cover an area of more than 1,000 square feet, provided that the
surfaces of such fills do not have a slope at any point steeper than
five horizontal to one vertical.
C.
An excavation below finished grade for basements and
footings of a building or an underground structure authorized by a
building permit. Also, an excavation for a driveway between a building
site and the street, if placed on grade, provided its surface area
is less than 1,500 square feet. This exception shall not affect the
applicability of this chapter nor the requirement of a grading permit
for any fill made with the material from such excavation. A grading
permit shall not be required for the temporary stockpiling on the
same site of the material from such excavation.
[Amended 10-13-1992 by Ord. No. 92-19][1]
[1]
Editor's Note: Former Subsection D, regarding
single-family house sites, which immediately followed this subsection,
was repealed 10-13-1992 by Ord. No. 92-19.
A.
Every applicant for a grading permit shall file a
written application therefor with the Township Engineer. Such application
shall:
(1)
Describe the land on which the proposed work is to
be done, by lot, block, tract or street address or similar description
which will readily identify and definitely locate the proposed work.
(2)
Be accompanied by plans and specifications prepared
by a registered engineer or surveyor in the Commonwealth of Pennsylvania.
[Amended 3-14-1994 by Ord. No. 94-08]
(a)
The plans and specifications shall include:
[1]
A contour map showing the present contours of
the land and the proposed contours of the land after completion of
the proposed grading.
[2]
A plot plan showing the location of the grading,
boundaries, lot lines, neighboring streets and alleys, buildings,
trees over six inches in diameter two feet above the ground and sufficient
dimensions and other data to show the location of all work. The plan
shall also indicate the proposed location of tree protection, including
a detail of such, which shall be installed and inspected by the Township
Engineer or Township Arborist prior to issuance of the grading permit.
[Amended 8-19-1996 by Ord. No. 96-24]
[3]
Description of the type and classification of
the soil.
[4]
Details and location of any proposed drainage
structures and pipes, walls and cribbing.
[5]
The nature of fill material and trees to be
removed as a result of the proposed construction and such other information
as the Township Engineer may require to carry out the purposes of
this chapter.
[6]
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and land development.
[Added 3-14-2011 by Ord. No. 2011-04]
[7]
The proposed lowest floor elevation of any proposed building based
upon North American Vertical Datum of 1988.
[Added 3-14-2011 by Ord. No. 2011-04]
[8]
The elevation of the one-hundred-year flood.
[Added 3-14-2011 by Ord. No. 2011-04]
(b)
All plans shall be dated and bear the names
of the persons who prepared the same, the applicant and the owner
of the land. Plans shall be submitted in triplicate.
(c)
The preliminary plan required by Chapter 255, Subdivision of Land, may be substituted for the contour map and plot plan required by Subsection A(2)(a)[1] and [2] above.
(3)
State the estimated dates for the starting and completion
of the grading work.
(4)
State the purpose for which the grading application
is filed.
B.
The Township Engineer may waive the requirement of
any or all plans and specifications listed above if he finds that
the information on the application is sufficient to show that the
work will conform to the provisions of this chapter.
C.
The Township Engineer may require that escrow funds
be posted with the Township in the amount of 110% of the estimated
cost of the project when public improvements or private improvements
which effect Township facilities are proposed by the grading permit
application.
[Added 3-14-1994 by Ord. No. 94-08]
[Amended 2-27-1984 by Ord. No. 84-02; 3-14-1994 by Ord. No.
94-08; 12-13-1999 by Ord. No. 99-43]
Before issuing a grading permit, a permit fee
shall be collected as follows:
|
Volume of Material
(cubic yards)
|
Permit Fee
|
|---|---|
|
Not more than 50
|
$100
|
|
51 to 1,000
|
$200
|
|
Each additional 1,000 or portion thereof
|
$200
|
Every grading permit shall expire by limitation
and become null and void if the work authorized by such permit has
not been commenced within six months or is not completed within one
year from the date of issue, provided that the Township Engineer may,
if the permit holder 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.
A.
Where, in the opinion of the Township Engineer, the
work as proposed by the applicant is likely to endanger any property
or any street or alley, he shall deny the grading permit. In determining
whether the proposed work is likely to endanger property or streets
or alleys or create hazardous conditions, the Township Engineer shall
give due consideration to possible saturation by rains, earth movements,
runoff of surface waters and subsurface conditions such as the stratification
and faulting of rock and the nature and type of the soil or rock.
B.
The Board of Commissioners shall consider promptly
appeals from the provisions of this chapter or from the determinations
of the Township Engineer, and the Board shall make determinations
of alternate methods, standards or materials when, in its opinion,
strict compliance with the provisions of this chapter is unnecessary.
Any applicant or permit holder shall have the right to appeal to any
court of competent jurisdiction from any decision or determination
of the Board of Commissioners.
A.
The Township Engineer shall, when requested, make
inspections hereinafter 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 the provisions of this chapter. Where
it is found by inspection that the soil or other conditions are not
as stated or shown in the application, the Township Engineer may refuse
to approve further work until approval is obtained for a revised grading
plan conforming to existing conditions.
B.
Plans for the grading work shall be approved by the
Township Engineer and shall be maintained at the site during the progress
of the grading work and until the work has been approved.
C.
The permit holder shall notify the Township Engineer
in order to obtain inspections, in accordance with the following schedule,
at least 24 hours before the inspection is to be made:
(1)
Initial inspection. When work on the excavation or
fill is about to be commenced.
(2)
Rough grading. When all rough grading has been completed.
(3)
Drainage facilities. When drainage facilities are
to be installed and before such facilities are backfilled.
(4)
Special structures. When excavations are complete
for retaining and crib walls, and when reinforcing steel is in place
and before concrete is poured.
(5)
Final inspection. When all work, including the installation
of all drainage and other structures, has been completed.
D.
If at any state of the work the Township Engineer
shall determine by inspection that the nature of the grading is not
in accordance with the approved plans or is not functioning as designed
and/or is likely to endanger property or streets or alleys or create
hazardous conditions, the Township Engineer may require, as a condition
to allowing the work to be done, that such reasonable safety precautions
be taken as the Township Engineer considers advisable to avoid such
likelihood of danger. Safety precautions may include but shall not
be limited specifying a flatter exposed slope, construction or additional
drainage facilities, berms, terracing, compaction or cribbing.
[Amended 4-29-1989 by Ord. No. 89-19]
A.
No excavation shall be made with a cut face steeper
in slope than one horizontal to one vertical, except under one or
more of the following conditions:
(1)
The excavation is located so that a line having a
slope of one horizontal to one vertical and passing through any portion
of the cut face will be entirely inside the property lines of the
property on which the excavation is made.
(2)
The material in which the excavation is made is sufficiently
stable to sustain a slope of steeper than one horizontal to one vertical,
and a written statement of a civil engineer, licensed by the Commonwealth
of Pennsylvania and experienced in erosion control, to that effect
is submitted to the Township Engineer and approved by him. The statement
shall state that the site has been inspected and that deviation from
the slope specified above will not result in injury to persons or
damage to property.
(3)
A retaining wall or other approved support is provided
to support the face of the excavation.
B.
The Township Engineer may require an excavation to
be made with a cut face flatter in slope than one horizontal to one
vertical if he finds the material in which the excavation is to be
made unusually subject to erosion or if other conditions exist which
make such flatter cut slope necessary for stability and safety.
C.
Excavations shall not extend below the angle of repose
or natural slope of the soil under the nearest point of any footing
or foundation of any building or structure unless such footing or
foundation is first properly underpinned or protected against settlement.
D.
Before commencing any excavation which will in any
way affect an adjoining property or structures thereon, the person
making the excavation or causing the excavation to be made shall notify,
in writing, the owners of adjoining buildings, not less than 30 days
before such excavation is to be made, that the excavation is to be
made. Adjoining properties and structures shall be protected.
A.
No fill shall be made which creates any exposed surface
steeper in slope than 1 1/2 horizontal to one vertical, except
under one or more of the following conditions:
(1)
The fill, in the opinion of the Township Engineer,
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 or buildings.
(2)
A written statement from a civil engineer, licensed
by the Commonwealth of Pennsylvania and experienced in erosion control,
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, is submitted to and approved by the Township Engineer.
B.
The Township Engineer may require that the fill be
constructed with an exposed surface flatter than 1 1/2 horizontal
to one vertical if he finds that under the particular conditions such
flatter surface is necessary for stability and safety.
C.
Whenever a fill is to be made of materials other than
clean soil or earth, the grading permit shall be subject to the following
additional limitations and requirements:
(1)
The fill shall be completed within a reasonable length
of time, said time limit to be determined by the Township Engineer
and to be specified on the grading permit.
(2)
Clean soil or earth shall be placed over the top and
exposed surfaces of the fill to a depth sufficient to effectively
conceal all materials, other than clean soil or earth, within the
fill. Where the nature of the fill requires, the Township Engineer
may require clean soil or earth to be placed over the top and exposed
surfaces of the fill to a depth sufficient to conceal all materials
at the end of each day's operations.
(3)
No grading permit shall be issued for the filling
of materials other than clean soil or earth until a faithful performance
bond in the amount of at least 10% more than the Township Engineer's
estimated cost of adequately covering such fill with clean soil or
earth has been furnished to the Township. Such bond shall be executed
by a corporate surety, as well as by the principal, and shall be subject
to the approval of the Township Solicitor as to form. The bond shall
inure to the benefit of the Township and be conditioned upon the faithful
performance of the work required under the terms and conditions of
the grading permit to the satisfaction of the Township Engineer. In
lieu of said bond, a cash deposit in said amount may be made with
a bank or trust company, approved by the Township Solicitor, which
shall act as escrow agent.
D.
All fills shall be compacted to provide stability
of material and to prevent undesirable settlement. The fill shall
be spread in a series of layers, each not exceeding 12 inches in thickness,
and shall be compacted by a sheepsfoot roller or other approved method
after each layer is spread. The Township Engineer may require tests
or other investigation if, in his opinion, the conditions or materials
are such that additional information is necessary.
Adequate provisions shall be made to prevent
any surface waters from damaging the cut face of and excavation of
the sloping surface of a fill. Slopes of more than 10 feet in vertical
height shall be separated by level berms of at least four feet in
width. Berm ditches shall be constructed when necessary to prevent
erosion. All drainage provisions shall be of such design as to carry
surface waters to the nearest practical street, storm drain or natural
watercourse approved by the Township Engineer as safe for the deposit
and receipt of such waters. The Township Engineer may require such
drainage structures or pipes to be constructed or installed as, in
his opinion, are necessary to prevent erosion damage and satisfactorily
carry off surface waters.
The owner of any property on which an excavation
or fill has been made shall maintain in good condition and repair
all retaining walls, cribbing, drainage structures, fences and other
protective devices.
A.
The top or bottom edge of slopes shall be at least
three feet from property or right-of-way lines of streets in order
to permit the normal rounding of the edge without encroaching on the
abutting property. At property lines where walls or slopes are steeper
than 1:1 and six feet or more in height, they shall be protected by
a substantial fence three feet or more in height. Before a grading
permit is issued, a bond may be required to guarantee the protection
of steep slopes.
B.
The owner of a property shall be responsible to protect
and clean up lower properties of silt and debris washing from his
property as a result of the regrading of his property.
C.
In order to prevent the denuding of the landscape,
wherever practicable, large trees and other natural features constituting
important physical, aesthetic and economic assets to existing or impending
suburban development shall be preserved.
A.
If upon final inspection of any excavation or fill
it is found that the work authorized by the grading permit has been
satisfactorily completed in accordance with the requirements of this
chapter and any other requirements imposed, a grading certificate
covering such work and stating that the work is approved shall be
issued to the permit holder by the Township Engineer.
B.
The Township Engineer shall have the power to revoke
any grading certificate whenever he finds that the work covered by
the certificate has been materially extended or altered without a
permit so to do or that any retaining walls, cribbing, drainage structures,
fence or other protective devices shown on the approved plans and
specifications submitted with the application for a permit have not
been maintained in good order and repair.
C.
Before such revocation, the Township Engineer shall
first give written notice to the permit holder and to the owner of
the property involved, specifying the defective condition and stating
that unless such defective condition is remedied satisfactorily, the
grading certificate may be revoked. If the defective condition is
remedied, the certificate shall not be revoked.
A.
No person shall construct, enlarge, alter, repair
or maintain any grading, excavation or fill or cause the same to be
done, contrary to or in violation of any provision of this chapter.
B.
When written notice of a violation of any of the provisions
of this chapter has been served by the Township Engineer on any person,
such violation shall be discontinued immediately.
C.
Any person violating any of the provisions of this
chapter shall be liable, on conviction thereof, to a penalty not exceeding
$1,000, plus costs of prosecution, for each and every offense, and
in default of such fine and costs, to imprisonment in the county jail
for a term not exceeding 30 days. Whenever such person shall have
been notified by the Township Engineer, by service of summons in a
prosecution or in any other way, that he is committing such violation
of this chapter, each day that he shall continue such violation after
such notification shall constitute a separate offense, punishable
by a like fine or penalty. Such fines or penalties shall be collected
as like fines or penalties are now by law collected.
[Amended 7-20-1992 by Ord. No. 92-13]
D.
In case any work is performed by any person in violation
of any of the provisions of this chapter, the proper officer of the
Township, in addition to other remedies, may institute in the name
of the Township any appropriate action or proceeding, whether by legal
process or otherwise, to prevent such unlawful work and to restrain
or abate such violation.
