[HISTORY: Adopted by the Board of Commissioners of the Township
of Upper Gwynedd 3-24-2014 by Ord. No. 2014-02. Amendments noted
where applicable.]
This chapter shall be known and may be cited as the "Upper Gwynedd
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.
Whenever used in this chapter, the following words shall have
the meanings indicated:
Activities, facilities, measure or procedures used to manage
stormwater impacts from land development, to protect and maintain
water quality and groundwater recharge and to otherwise meet the purposes
of this chapter, including, but not limited to, infiltration, filter
strips, low-impact design, bioretention, wet ponds, permeable paving,
grassed swales, forested buffers, sand filters, and detention basins.
A permit issued by the Building Code Official pursuant to
Upper Gwynedd Township regulations for the construction, erection
or alteration of a structure or building.
Construction or other human activity which disturbs and destabilizes
the surface of the land, including, but not limited to, clearing and
grubbing, grading, excavations, construction of embankments, land
development, road maintenance and the moving, depositing, stockpiling
or storing of soil, rock or earth materials.
A site-specific plan identifying the BMPs to minimize erosion
and sedimentation, pursuant to 25 Pa. Code Chapter 102.
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 § 109-5 hereof.
A natural person but shall also include a partnership, corporation
or similar entity.
A lot, tract or parcel of land, or a series of lots, tracts
or parcels of land joined together, where grading work is contiguous
and performed at the same time.
Upper Gwynedd Township as may be represented by building
code officials or officers appointed by the Board of Commissioners.
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:
A.
Work in a public street or alley or in a Township park, playground
or recreation area or on other public property.
B.
The mining, quarrying and associated excavating, processing or stockpiling of rocks, sand, aggregate or clay unless such work affects the support of adjacent or contiguous property or structures as those activities may be authorized by Chapter 195, Zoning.
C.
The operation of a sanitary landfill or dump operated by the Township.
D.
Use of land for gardening for home consumption.
E.
Agriculture, when operated in accordance with a conservation plan,
nutrient management plan, or erosion and sedimentation control plan
approved by the Montgomery County Conservation District, including
activities such as growing crops, rotating crops, tilling of soil,
and grazing animals.
F.
Forest management operations following the Department of Environmental
Protection's management practices contained in its publication
"Soil Erosion and Sedimentation Control Guidelines for Forestry" and
operating under an E&S plan approved by the Montgomery County
Conservation District, which have a zoning permit approval by Upper
Gwynedd Township.
G.
Any emergency activity immediately necessary for the protection of
life, property or natural resources.
H.
Repair of an on-lot sewage system.
The following activities require a grading permit:
A.
Modifying, disturbing, blocking, diverting or otherwise adversely
affecting the natural flow of surface water within an ephemeral, intermittent
or perennial stream or in a manner which impacts an adjoining parcel/property.
B.
Construction, erection or installation of any drainage dam or obstruction
affecting the drainage of any parcel/property.
C.
Earth disturbance in excess of 500 square feet, cumulatively in one
year; a year being 12 consecutive months from the date of the first
earth disturbance or application for a grading permit.
D.
A fill which exceeds 10 cubic yards of material.
E.
Construction and/or installation of driveways and swimming pools.
A.
Every applicant for a grading permit shall file a written application
therefor with the Township Engineer, to be filed at the Township Administration
Building with the Township Building Code Official or such person that
may be designated to receive the application. 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 a site plan which includes all of the following
information located within 50 feet of the limit of disturbance:
(a)
Lot lines, monuments/pins/markers and setback lines.
(b)
Existing and proposed contours; existing vegetation; soil types;
wetlands; watercourses; and any other natural features which may be
affected by the proposed application.
(c)
First-floor, garage and ancillary building elevations.
(d)
Existing and proposed building/structure locations, building/structure
horizontal dimensions, wells, wastewater treatment systems, sanitary
laterals, water supply pipes, storm sewers, inlets, manholes, basement
drains, sump pump drains, utility boxes, walls, fences, berms, underground
utilities, and all other man-made structures/features and inverts
of any stormwater facilities.
(e)
Ground elevations at each corner of each building and at all
door entrances.
(f)
All proposed changes to the site, including but not limited
to cuts, fills, structures, paving, utilities and vegetation and topsoil
proposed to be stripped.
(g)
Existing and proposed driveway openings and slopes, driveway
turnarounds and parking areas, depressed curb length and driveway
configurations from garage or parking area to the street.
(h)
Existing and proposed sidewalk and path locations.
(i)
Easements, covenants, equitable servitudes and deed restrictions.
(j)
Existing and proposed impervious coverage.
(k)
Dimensioned ties from two building corners to a monumented property
corner.
(l)
Bench mark for vertical datum.
(m)
If applicable, reference to PennDOT Highway Occupancy Permit.
(n)
Erosion and sedimentation control measures, high points, drainage
arrows, drainage swales, and the limits of disturbance.
(o)
Seal, signature, name and address of responsible engineer or
surveyor.
(p)
Name and address of permittee and property owner.
(q)
Tax Map parcel number and acreage.
(r)
Address of the site.
(s)
Subdivision name (if applicable).
(t)
North arrow.
(u)
Location map showing relationship of the site to adjoining properties.
Scale of the location map shall be one inch equals 800 feet.
(v)
Date of plan preparation; revision dates, along with a description
of the revisions.
(3)
Stormwater management plan, where applicable, pursuant to the Township
Stormwater Management Ordinance and the Township Subdivision and Land
Development Ordinance.[1] Where an activity proposes more than 1,000 square feet of new impervious cover as part of the grading permit application, then a stormwater management plan shall be provided that complies with Chapter 162, Stormwater Management.
[Amended 2-22-2016 by Ord. No. 2016-03]
(4)
State the estimated dates for the starting and completion of the
grading work.
(5)
State the purpose for which the grading application is filed.
B.
The Township may waive the requirement for any or all plans and specifications
listed above if it finds that the information on the application is
sufficient to show that the work will conform to the provisions of
this chapter.
C.
Before the Township grading permit can be issued, all other applicable
federal, state, county and local permits must be obtained. For example,
this may include but is not limited to: DEP/county required NPDES
permits, Montgomery County Conservation District approvals, PADEP
Chapter 105 permits (waterway encroachment), etc.
Before issuing a grading permit, the Township shall collect
a permit fee in accordance with a schedule of fees as adopted and
revised from time to time by resolution of the Board of Commissioners
and on file in the office of the Township Manager.
The owner shall pay the actual cost of any material tests and
reimburse the Township for necessary inspection at the current rate
for each hour or portion thereof that a Township inspector is engaged
on the work.
Every grading permit shall expire 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 may, if the permit holder presents satisfactory
evidence that unusual difficulties have prevented work from being
started or completed within the specified time limit, 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 the work as proposed by the applicant is likely to endanger
any property or any street or alley, the Township 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 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 the 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 grading work, bearing the stamp of approval of the Township
Engineer, 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 and at
least 24 hours before the inspection is to be made.
(1)
Initial inspection. When work on the excavation or fill is 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 completed for retaining
or 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 stage of the work the Township Engineer shall determine
by inspection that the nature of the formation is such that further
work as authorized by an existing permit is likely to endanger property
or streets or alleys or create hazardous conditions, the Township
Engineer may require, as a condition to allowing 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 to, specifying a flatter exposed
slope, construction of additional drainage facilities, berms, terracing,
compaction or cribbing.
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 sheep's-foot roller or other approved method
after each layer is spread. The Township Engineer may require tests
or other information if in his opinion the conditions or materials
are such that additional information is necessary.
A.
A statement, signed and sealed by a registered professional land
surveyor, or engineer, licensed in the Commonwealth of Pennsylvania,
shall be submitted, indicating that, to the best of his/her knowledge
and belief, the proposed grading activities shall not significantly
increase stormwater runoff to and/or otherwise adversely impact downstream
properties except as may be part of an approved stormwater runoff
collection and management plan.
B.
Stormwater shall not pond except where proposed in accordance with
a stormwater management plan for the site (detention basins, etc.).
C.
In no case shall grading be completed in such a manner as to divert
or channel water onto an adjacent property unless it is part of a
stormwater management plan and an easement is obtained from the adjacent
property owner.
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 five 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.
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 grading 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.
D.
An erosion and sedimentation control plan in conformance with the
regulations of the Pennsylvania Department of Environmental Protection
must also be prepared and implemented. A Department of Environmental
Protection permit may also be required.
E.
Before granting final occupancy permits for buildings, building lots
shall be finish graded and stabilized with permanent ground cover.
A temporary occupancy permit may be issued by the Township if it is
not possible to establish lawns due to the season of the year. Prior
to issuance of the temporary occupancy permit, the Township may require
extra mulching, installation of silt barriers, and/or construction
of temporary sedimentation basins to control excess runoff, in addition
to escrow to secure establishment of ground cover.
F.
No excavation or fill shall be made with a slope steeper than three
horizontal to one vertical except under the following conditions:
(1)
The material is sufficiently stable to sustain a steeper slope. A
sealed, written statement to that effect from an engineer licensed
in the Commonwealth of Pennsylvania shall be submitted to the Township.
The statement shall affirm that the site has been inspected and the
deviation from the slope restriction shall not result in injury to
persons or damage to property. A detail of the proposed excavation
including a cross section and center-line profile of any swale (along
with proposed grade, seeding, erosion protection, etc.) shall be submitted
with the grading permit application.
(2)
A retaining wall is designed and constructed in accordance with acceptable
engineering practice to support the slope of the excavation or fill.
Design plans and calculations bearing the signature and seal of the
responsible licensed professional engineer or architect shall be submitted
for Township review and approval. A building permit is required for
any retaining wall in excess of four feet in height.
G.
First-floor certifications. Construction of any structure requiring
a grading plan under this chapter shall not continue past the foundation
stage until the owner/builder has submitted certification that the
first-floor and garage-floor elevations of the proposed structure
conform to the plans submitted with the grading permit application.
The certification shall be submitted to the Township Engineer and
shall be signed and sealed by the responsible registered professional
land surveyor, landscape architect, or engineer, licensed in the Commonwealth
of Pennsylvania.
A.
If upon final inspection of an 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.
B.
The Township shall have the power to revoke any grading certificate
whenever it finds that the work covered by the certificate has been
materially extended or altered without a permit to do so 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 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 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 $600
and costs of prosecution for each and every offense or, upon default
in payment of the fine and costs, to imprisonment in the county jail
for not more than 30 days, and whenever such person shall have been
notified by the Township 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.
In case any work is performed by any person in violation of
any of the provisions of this chapter, the Township, in addition to
other remedies, may institute in the name of the Township any appropriate
legal action or proceeding to prevent such unlawful work and to restrain
or abate such violation.
