[Ord. 689, 3/23/2016]
This chapter shall be known as the "Collier Township Grading
Ordinance."
[Ord. 689, 3/23/2016]
1.Â
The purpose of this chapter is:
A.Â
To provide
minimum standards to safeguard persons, to protect property, to maintain
the present level of ecology, and to promote the public welfare by
regulating and controlling the design, construction, quality of materials,
use, location, and maintenance of grading, excavation and fill.
B.Â
To establish
performance standards that ensure land use practices based on the
natural topography of the land.
C.Â
To prevent
earthflow and rockfall slides.
2.Â
All grading not currently under permit at the time of adoption of
this chapter shall cease, and the site shall be maintained as specified
in this chapter until a permit is issued for the site.
[Ord. 689, 3/23/2016]
Unless otherwise expressly stated, the following terms and words
shall, for the purpose of this chapter, have the meanings 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."
The qualified individual or firm designated by the Board
of Commissioners to act for the Township who is charged with administration
and enforcement of this chapter.
An urban conservation district authorized by the Commonwealth
of Pennsylvania to process erosion and sedimentation permits.
Any landowner, or agent of a landowner with the written permission
of said landowner, who proposes to make or causes to be made any excavation,
fill or any combination thereof pursuant to the provisions of this
chapter.
A registered professional architect licensed and registered
under the laws of the Commonwealth of Pennsylvania.
A United States federal agency that develops, manages, restores
and protects the nation's water resources.
Terraces on large fill slopes to intercept any flow of surface
water.
A permit issued by the Township pursuant to the provisions
of applicable Township ordinances for the construction, erection,
or alteration of a structure or buildings.
That earthen material consisting only of uncontaminated soils,
stones or rocks, or a mixture or combination of such materials, that
are raw materials, excavated or extracted from a borrow pit or some
earthen bank.
The grubbing, scalping, removal of trees or stumps, and removing
and disposing of all vegetation and debris within the site.
The erection, alteration, repair, renovation, demolition
or removal of any building or structure, and the clearing, stripping,
excavation, filling, grading and regulation of such sites.
Loose refuse, rock, mud or earth material not suitable for
use as presently situated or constituted, as determined by the administrator,
or any other such person designated by the Township Board of Commissioners.
Also see "waste."
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any successor agency.
The Department of Transportation of the Commonwealth of Pennsylvania
or any successor agency.
Any person or company commencing proceedings under this chapter
to develop land for himself or for another.
Any act by which earth, sand, gravel, rock or any other similar
material is deposited, placed, pushed, dumped, pulled, transported
or moved to a new location, including the resulting condition, or
the material used in such activity. Also see "fill."
A registered professional engineer licensed by the Commonwealth
of Pennsylvania engaged in the practice of engineering and who prepared
the proposed grading plan for the applicant.
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, coal, or any
other similar material is cut into, dug, quarried, uncovered, removed,
displaced or relocated, or bulldozed, and shall include the resulting
conditions.
The elevation of the existing ground surface above sea level
prior to any excavating or filling.
A chemical or other substance intended to produce an explosion.
The federal agency under which the NFIP is administered.
In March 2003, FEMA became part of the newly created United States
Department of Homeland Security.
A structural barrier to prevent intrusion within a given
area.
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 resulting conditions, or
the material used in such activity. See also "embankment."
The elevation of the ground surface above sea level after
grading has been completed and the elevation coincides with the elevation
called for in a grading plan.
A general but temporary condition of partial or complete
inundation of normally dry land areas from the overflow of streams,
rivers, or other water of this commonwealth.
The lands adjoining a stream that have been or may be expected
to be inundated by floodwater in a base flood.
Any land area susceptible to being inundated by floodwater
from any source.
The channel of a watercourse and portions of the adjoining
floodplains that are reasonably required to carry and discharge the
base flood. Unless otherwise specified, the boundary of the floodway
is as indicated on maps and flood insurance studies provided by FEMA.
In an area where no FEMA maps or studies have defined the boundary
of the base flood floodway, it is assumed, absent any evidence to
the contrary, that the floodway extends from the stream to 50 feet
from the top of the bank of the stream.
An area containing any of the following physical characteristics:
a slope of 20% or greater, a landslide-prone area, a subsidence-prone
area, or an area containing physical evidence of site instability
such as soil creep, slumping, rockfalls, groundwater seepage, rockslides,
saturated soils or landslides.
A report prepared and sealed by a geotechnical engineer that
shall include some or all of the following as required by the Township:
Analysis of the soil borings and samples. A sufficient number
of standard soil borings must be taken to a suitable depth to accurately
determine existing conditions.
Global stability analysis of proposed fill embankments and slopes
and the effect on existing embankments supporting municipal infrastructure,
public utilities and structures on adjacent properties.
Development of soil parameters and how they are to be used.
Analysis of cut slope stability.
Complete and dimensioned details of all critical items, if required,
such as keyways, rock toe, benches, drainage blankets, drains and
surface diversions. The location of these items must be shown on a
grading plan and on a related land development plan, if any.
Any other information and data required by the administrator
to determine the stability of the site.
Complete and detailed sealed engineering design and recommendations
for excavation, fill, grading, compaction and embankment construction.
A plan indicating the boundaries of any minimally steep slope,
somewhat steep slope, moderately steep slope, significantly steep
slope, exceedingly steep slope, landslide-prone areas and subsidence-prone
areas as defined in this chapter.
A plan indicating topographic contour lines at two-foot intervals
for the subject site before any development is started. The contours
must be developed from an on-site field topographic survey. The plan
shall also show two-foot intervals of the proposed development. Five-foot
contours may be used in areas of more than 50% slope.
A certificate of insurance evidencing that the geotechnical
engineer has in force professional liability insurance with a limit
not less than the total project cost, but in any event not less than
$1,000,000.
An individual licensed and registered under the laws of the
Commonwealth of Pennsylvania to engage in the practice of geology
and who has training and experience in the field of engineering geology.
A registered professional engineer licensed by the Commonwealth
of Pennsylvania engaged in the practice of engineering with experience
in geology, civil engineering, soil mechanics, the physical properties
of soil and behavior of soil masses subject to various types of forces
and conditions.
The elevation of the existing ground surface at the location
of any proposed excavation or fill.
Excavation or fill, or any combination thereof, including
the resulting conditions from any excavation or fill.
A permit issued by the Township to authorize work to be performed
in compliance with, and as required by, this chapter.
The plan of proposed grading which contains all of the information
required by this chapter for approval of a grading permit.
A danger or potential danger to life, limb, or health, or
an adverse effect or potential adverse effect to the safety, use or
stability of property, waterways, public ways, structures, utilities,
and storm sewers, including stream pollution.
Any discharge to a separate stormwater sewer system that is not composed entirely of stormwater, except allowable discharges in accordance with an NPDES permit, including those resulting from firefighting activities and other activities explicitly identified and authorized in Chapter 23, Stormwater Management, Part 2, MS4 Prohibited Discharges.
A model building code developed by the International Code
Council.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between, or among, two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Development in accordance with Section 503(1.1) of the Pennsylvania
Municipalities Planning Code.[1]
An individual licensed and registered under the laws of the
Commonwealth of Pennsylvania to engage in the practice of landscape
architecture.
Any geologic formation that is especially susceptible to
landslides due to the presence of one or more conditions, such as
unstable rock formations, soil types, groundwater seepage or saturated
soils, including, without limitation, areas containing soils identified
as landslide-prone in the Soil Survey of Allegheny County or other
maps or surveys in the Allegheny County Department of Economic Development.
A subsurface storage facility that temporarily stores and
infiltrates stormwater runoff from the roofs of structures.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) owned by the Township
that is primarily used for collecting and conveying stormwater.
The program of flood insurance coverage and floodplain management
administered under the Act and applicable federal regulations promulgated
in Title 44 of the Code of Federal Regulations, Subchapter B.
The federal government's permit program that controls
water pollution by regulating point sources that discharge pollutants
into waters of the United States, which is delegated to DEP in Pennsylvania.
Point sources are discrete conveyances, such as pipes or man-made
ditches.
An event where rainfall has a one-percent probability of
being equaled or exceeded in any given year in that location. A one-hundred-year,
twenty-four-hour rainfall event shall be considered 5.2 inches.
The application of concrete, brick, stone, pavers, asphalt,
and other materials that, when applied, produce a dust-free, all-weather,
hard, impervious surface.
Any person who is required to apply for a permit under this
chapter and who has received permit from the Township.
A natural person or persons, or any corporate entity, including,
but not limited to, any partnership, corporation, or limited liability
company and its or their heirs, successors, and assigns, directors,
officers and employees, as applicable.
A person licensed or otherwise authorized by the Commonwealth
of Pennsylvania to practice engineering, whose specialty is in the
field of civil engineering, unless another specialty is set forth
herein (e.g., such as that required for excavation and fill slopes
steeper than two-foot horizontal to one-foot vertical slope).
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
or standards set forth in this chapter, and which is more than four
feet in height as measured on the exposed vertical surface of the
wall.
That state of grading which approximates the finished grade
in a plan of grading.
The process by which soil or other surface material is accumulated
or deposited by water, wind or gravity.
A single 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.
The percent of rise or descent of the land surface calculated
by dividing the number of feet of vertical rise/descent in elevation
by the number of feet of horizontal distance, expressed as a percentage.
Slope shall be calculated between contour intervals used to prepare
the existing site topographic plan, but in no case shall the vertical
interval exceed two feet. The percent of slope is determined from
on-site topographic surveys prepared with a two-foot contour interval
or topography taken from controlled aerial photography at two-foot
intervals. The slope of the land shall be shown on a plan of the property
base on the following six categories:
|
Gentle slopes
|
0% to 14%
| |
|
Minimally steep slopes
|
15% to 19%
| |
|
Somewhat steep slopes
|
20% to 25%
| |
|
Moderately steep slopes
|
26% to 30%
| |
|
Significantly steep slopes
|
31% to 40%
| |
|
Exceedingly steep slopes
|
Greater than 40%
|
All earth material of whatever origin that overlies bedrock,
and may include the decomposed zone of bedrock which can be readily
excavated by mechanical equipment.
The Soil Survey of Allegheny County, Pennsylvania, as prepared
by the United States Department of Agriculture (USDA) Soil Conservation
Service.
The control of surface water runoff as regulated by Township
ordinance.[2]
Any activity which removes or significantly disturbs the
vegetative surface cover.
An area above active and abandoned mining activities, as
determined from records of the Pennsylvania Department of Environmental
Protection, Bureau of Mining and Reclamation, Division of Mine Subsidence
Insurance and Mine Subsidence Regulations, and other applicable maps
and records.
A registered professional surveyor licensed by the Commonwealth
of Pennsylvania.
The Township of Collier.
An individual appointed or retained by the Township, licensed
and registered under the laws of the Commonwealth of Pennsylvania
to practice civil engineering.
An event where rainfall has a four-percent probability of
being equaled or exceeded in any given year in that location. A twenty-five-year,
twenty-four-hour rainfall event shall be considered 4.4 inches.
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,
used and unused medical supplies and equipment, and other such materials
whose disposal is regulated by the Pennsylvania Department of Environmental
Protection.
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, drainageway, waterway, gully, or ravine
in which water flows in a definite direction or course, either continuously
or intermittently, including any adjacent area which is subject to
inundation by overflow or floodwater.
Any activity authorized under a grading permit, including,
but not limited to, clearing, stripping, grading and construction.
[Ord. 689, 3/23/2016]
New grading (excavations or fills) or changes, additions, repairs,
or alterations made to existing grading (excavations or fills) shall
conform to the provisions of this chapter.
[Ord. 689, 3/23/2016]
The Collier Township Board of Commissioners designates the administrator,
or his authorized representative, to review, approve, and grant grading
permits and to make inspections of the grading work.
[Ord. 689, 3/23/2016]
1.Â
Except as exempted by § 9-108, no person shall commence or perform any clearing, stripping, grading (excavation or fill), construction or other activity involving the disturbance of natural terrain or vegetative ground cover without first having obtained a grading permit from the administrator. Specifically, the following activities require a grading permit:
A.Â
Modifying, disturbing, blocking, diverting or otherwise adversely
affecting the natural overland or subsurface flow of stormwater.
B.Â
Construction, erection or installation of any drainage dam, ditch,
culvert, drainpipe, bridge or any other structure or obstruction affecting
the drainage of any premises.
C.Â
Filling, clearing, stripping, excavating and grading of any land,
including stockpiling (temporary or permanent) of excavated or fill
material.
2.Â
Prior to beginning work associated with a grading permit, an applicant
shall provide proof that the applicant or applicant's representative
has applied for and/or obtained all necessary permits and approvals,
including, but not limited to, permits granted by the DEP.
3.Â
Where proposed work relates to a major or minor land development plan approved under Chapter 22, Subdivision and Land Development, the administrator may grant a grading permit prior to the developer's compliance with all applicable conditions of such approval.
4.Â
One grading permit may cover all of the grading on one site. If a
major development, such as a planned residential development or a
planned industrial park, is proposed for one continuous parcel or
under a single phase of construction, then one grading permit may
be applied for and approved.
5.Â
Where a major development is proposed and the work is to be completed
on more than one parcel or under more than one phase of construction,
the administrator may require the applicant to submit more than one
grading permit application.
6.Â
Where major modifications or alterations are proposed for work covered
by an existing grading permit, the administrator may require that
an application for a new grading permit be submitted.
[Ord. 689, 3/23/2016]
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.
[Ord. 689, 3/23/2016]
1.Â
A grading permit will not be required for any of the following situations:
A.Â
An excavation which does not exceed four feet in vertical depth at
its deepest point measured from the existing grade, provided the grading:
(1) does not cover an area of more than 20% of the site, and (2) does
not exceed 6,000 square feet, and (3) does not exceed 250 cubic yards,
and (4) does not result in cut and/or fill slopes steeper than four
horizontal to one vertical. This exception shall not affect the applicability
of this Part to the requirement of a grading permit for any fill made
with the material from such excavation, unless such fill is within
the exception of Subsection 1B herein.
B.Â
A fill which does not exceed four feet in vertical depth at its deepest
point measured to the existing grade, provided the grading: (1) does
not cover an area of more than 20% of the site, (2) does not exceed
6,000 square feet, and (3) does not exceed 250 cubic yards; provided
that the surface of such fill does not have a slope at any point stepper
than four horizontal to one vertical.
C.Â
An excavation for a basement, footing 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 where the plot
plans attached to the building permit indicate existing and proposed
contours.
D.Â
Soil excavated under the authorization of a properly issued building
permit that is 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.
E.Â
Exploratory excavations under the direction of a geotechnical engineer.
F.Â
Excavations for wells, public utilities or cemetery graves.
G.Â
Work performed by the Township or by contractors employed by the
Township in a public street or alley, municipal park, playground,
recreation area or on other Township property.
H.Â
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.
