§ 88-17Standards for grading.
§ 88-18Hazardous conditions.
§ 88-19Inspections.
§ 88-20Maintenance.
§ 88-21Existing conditions.
§ 88-22Developed lots.
§ 88-23Construction permits.
§ 88-24Stop-work order.
§ 88-25Notice of violation and enforcement;
penalties.
The following standards shall be minimum standards for the issuance of a grading permit:
In addition to the above, all fill and cut operations shall follow the Soil and Sedimentation Control Manual, Act 102, as issued by the Commonwealth of Pennsylvania Department of Environmental Protection and adopted by Beaver County.
No excavation shall be made with a cut face steeper in slope than two horizontal to one vertical.
Adequate provisions shall be incorporated to prevent erosion due to storm drainage. All drainage facilities shall be properly engineered and may be paved or planted swales and gutters and piped storm sewers. All storm drainage facilities will be reviewed and approved by the Township.
Existing storm drainage shall not be diverted so as to alter the location of watercourses on any adjacent property.
Immediately upon completion of final grading, all disturbed areas not designated for building, paving or decorative landscaping shall be mulched and planted or protected. Planting shall be appropriate to protect slopes from erosion. In general, planting may be rye grass, crown vetch or a fescue mix.
Trees and growth shall be retained wherever possible.
Adequate provisions may be required for dust control measures as are deemed necessary and acceptable by the Township Administrator.
Plans and specifications for every grading permit shall provide both temporary and permanent erosion and sediment control.
Where the Board of Supervisors has determined that any existing excavation, embankment or fill is a hazard, the Township shall give written notice to the property owner that a hazard exists and shall order that such hazard shall be remedied by the owner within a reasonable time specified in the notice.
If, after such notification, the property owner has not made the necessary repairs within the time allotted, then the Board of Supervisors may cause such remedies as are needed to be performed by Township employees or by contract, and the cost thereof shall be borne by the property owner by a lien filed as provided by law.
Whenever the Board of Supervisors determines that any proposed excavation or fill is a hazard, it may require that the property owner have any proposed remedies certified by an engineer or an engineering geologist.
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 grading of his property.
The applicant shall give notice to the Township of the schedule of the grading operation. Notice shall be received by the Township at least two working days before the start of grading operations and upon its completion.
Grading work at any time will be subject to spot inspections at the discretion of the Township Administrator or Engineer to determine that the work is being performed in compliance with the approved permit and this chapter.
A final inspection shall be conducted by the Township to certify compliance with this chapter within 30 days after receipt of written request. Satisfactory compliance with this chapter shall be necessary before complete release of the posted surety. If said final inspection is not completed by the Township within the specified 30 days, satisfactory compliance with this chapter shall be deemed approved, and the Township will release the posted surety.
All drainagecourses on private property, ditches, culverts, pipes and structures on private property shall be adequately maintained by the owner and shall be kept open and free flowing at all times.
Where existing conditions on privately owned property include the discharge of overland stormwater runoff in an open drainage swale or diversion trench or in a naturally occurring stream channel, the owner of said property shall maintain such natural or man-made stormwater transmission without obstruction. In the event that rerouting or enclosure of overland stormwater is sought, all Department of Environmental Protection permits and approval by the Daugherty Township Engineer shall precede any earth disturbance or grading activity as herein prescribed.
In the case of properties upon which a single-family residence, duplex, townhouse or converted apartment (single-family structure to three- or four-apartment units) has been constructed, roof drains and similar stormwater discharge pipes shall be channeled to natural watercourses and not openly discharged through pipes across the property boundary line. Appropriate diversion trenches or drainage sumps designed for gradual dispersal shall be provided by each property owner in order to facilitate overland runoff across more than two abutting properties which are at higher elevations than the watercourse to which the stormwater is being diverted or flows to naturally.
For grading activities which are exempt under this chapter, a minimum erosion and sedimentation control plan shall be submitted with the application for a building or zoning permit. Said plan shall identify the location of bales of hay, soil-erosion-control fabric fencing or other appropriate erosion control along that perimeter of the subject parcel at the lowest elevation to the structure being built in order to prevent sediment discharge onto abutting properties during construction.
Whenever the Township Administrator determines that grading on a site is proceeding in violation of any provision of this chapter, all work at the site shall immediately stop upon issuance of a stop-work order. The stop-work order shall be presented in writing to the property owner, the owner's agent or the person performing the work at the site. The stop-work order shall include a description of the conditions under which work may be resumed.
If it is found that any provision of this chapter is violated, the property owner shall be notified in writing of the violation(s) and the necessary action to correct the violation within a specified period of time. If the necessary corrective action is not completed within the specified period of time, the property owner will be notified of the Township's intent to institute legal proceedings.
Any person, partnership or corporation who or which shall violate the provisions of this chapter shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not less than $500 nor more than $1,000 plus costs of prosecution. In default of such payment, such person shall be imprisoned for a period not to exceed 90 days. Each day that a violation is continued shall constitute a separate offense. All fines collected for the violation of this chapter shall be paid to the Township of Daugherty.
