[Ord. 418, 1/29/2014]
1.
ADMINISTRATOR
EXCAVATION
FILL
GRADE
GRADING
GRADING PERMIT
SITE
As used in this Part, the following terms have the meaning indicated:
North Fayette Township Zoning Officer.
Any act by which earth, soil, sand, rock or other natural
mineral material is dug, removed, displaced or otherwise relocated
and shall include the conditions resulting therefrom.
Any act by which earth is accumulated, dumped, transported
or removed to a new location and shall include the condition resulting
therefrom.
The elevation of the existing ground surface at the location
of any proposed excavation or fill.
The act of altering the elevation or slope of the existing
ground surface by excavation or fill material and shall include the
conditions resulting therefrom.
Any permit required under the provisions of this Part as
a result of or in anticipation of excavation, fill, or grading activities.
A lot, tract or parcel of land or a series of contiguous
lots, tracts or parcels of land upon which excavation, fill, or grading
work is performed concurrently or in connection with a single plan
of construction or development.
[Ord. 418, 1/29/2014]
New excavations, fills and grading or alterations, additions
and repairs made to existing excavations, fills and grading shall
conform to the provisions of this Part. Provided, however, that this
Part shall not apply to work performed in a public street, Township
park or other public property, which work has been authorized by a
permit granted under any other ordinance of this Township, being performed
by Township staff, or otherwise has been authorized by the permission
of the Board of Supervisors or other Township official after consultation
with the Township Engineer.
[Ord. 418, 1/29/2014]
1.
General Rule. No personal shall commence work on any grading, excavation
or fill without first having obtained a grading permit from the Township.
No more than one grading permit is required to authorize any combination
of excavation, fill and grading to be performed on a single site.
A separate grading permit shall be required for each separate site
where excavation, fill, or grading work is to be performed.
2.
Exceptions. A grading permit shall not be required in the following
situations, which nevertheless shall be subject to all other provisions
of this Part:
A.
No permit is required for an excavation which does not extend beyond
a surface area of 1,000 square feet nor exceed a vertical depth of
three feet at its deepest point, measured from the grade of the ground
prior to excavation. This exception does not affect the requirement
of a grading permit for any fill made with the material unearthed
from such excavation. Any excavation created without a permit may
not have a slope at any point exceeding a ratio of five horizontal
to one vertical.
B.
No permit is required for a fill which does not exceed 10 cubic yards
of material on any one site. No permit is required for a fill which
does not cover an area of more than 1,000 square feet nor exceed a
vertical height of three feet at its highest point, measured from
the grade of the ground prior to placement of the fill. Any fill created
without a permit may not have a slope at any point exceeding a ratio
of five horizontal to one vertical.
C.
No permit is required for work performed at a single-family house
site where the gradient, excavation, and fill at the site do not exceed
at any point the maximums set forth in the following table:
|
Area of Single-Family House Site
(square feet)
|
Maximum Gradient Without Permit
(feet, vertical to horizontal)
|
Maximum Excavation or Fill Without Permit
(cubic yards)
| |
|---|---|---|---|
|
Less than 6,000
|
12 to 100
|
75
| |
|
6,000 to 10,000
|
15 to 100
|
100
| |
|
10,000 to 18,000
|
15 to 100
|
200
| |
|
18,000 to 30,000
|
18 to 100
|
250
| |
|
Over 30,000
|
20 to 100
|
250
|
D.
Application for Permit. Every person requesting a grading permit
shall file a written application therefore with the Township. Such
application shall:
(1)
Describe the land on which the proposed work is to be done by
lot, block, tract, street address, or similar description which will
readily identify the location of the site of the proposed work.
(2)
Be accompanied by plans and specifications prepared by a registered
engineer or surveyor. Such plans and specifications shall include:
(a)
A contour map showing the present contours of the land and the
resulting contours of the land if the proposed work is approved and
completed.
(b)
A plot plan showing the location of the proposed excavation,
fill or grading, property boundaries, neighboring streets and alleys,
water courses, buildings, trees with a diameter of 12 inches or greater
at a height of two feet above the ground, and any other information
helpful in describing the location and layout of the proposed work
site.
(c)
A description of type of soil underlying the proposed work site,
the nature and type of any fill material to be used, the precise location
of any storm drains, utilities (above and below ground), sewer lines
and appurtenances to be installed, the type of equipment or structures
to be placed in any excavation or upon any fill, and any other information
which the Township may require to determine whether the proposed work
may be carried out without defeating the purposes of this Part.
(d)
The estimated starting and completion dates of the proposed
work.
(e)
The date of submission, the names of the applicant, the landowner
and the preparer of the plan, and the signature of the applicant,
or, if the applicant is a corporation, the signature of an authorized
agent of the applicant.
(f)
Storm drain design calculations shall be submitted to the Township
along with the plans and specifications.
(g)
Plan showing a base line with locations of cross sections at
fifty-foot intervals. (A minimum of three cross sections is required.)
Provide the cross sections at fifty-foot intervals.
(h)
Plan showing grading conforming to PennDOT Form 408, latest
edition.
(i)
Provide a geotechnical report for all earthmoving activities.
Report must be sealed by a professional engineer. Report must be based
upon actual soil samples obtained from the site, and from the source
of imported fill material. The stability of the cut and fill slopes
must be addressed.
(j)
Stormwater management report complying with North Fayette Township Stormwater Management Ord. 355 [Chapter 19].
(k)
Provide a soil erosion and sedimentation control plan, reviewed
and approved by the Allegheny County Conservation District (ACCD)
for all disturbances over 5,000 square feet. Provide copy of National
Pollutant Discharge Elimination System (NPDES) permit, if required.
(3)
The Township may agree to dispense with the requirement for
submission of any plans and specifications if it is found that the
information in the applications is sufficient to show that the proposed
work will conform to the purposes and provisions of this Part.
E.
Application Fee. The application for a grading permit shall be accompanied
by payment of an application fee, which fee shall pay for the time
of the Township in reviewing the application. The fee shall be in
an amount to be determined at the discretion of the Board of Supervisors
and shall be nonrefundable. Additionally, the applicant must provide
an escrow account to the Township which will be used to pay for the
time of the Township Engineer. The escrow account will be established
as follows: $1,000 per acre of the total property (minimum $1,000,
maximum $20,000). If the escrow amount falls below 50% of the original
amount, the applicant must provide an amount to bring the escrow account
back up to the original amount. At the completion of the project,
any remaining funds will be returned to the applicant after all grading
work is complete.
F.
Denial of Permit; Appeal.
(1)
The Township shall deny the permit application and shall provide
a brief, written statement explaining his reasons for such denial,
when, in his opinion, the proposed excavation, fill, or grading would
create conditions hazardous to human health or likely to endanger
public property or private property in the possession of one other
than the permit applicant. In determining whether the proposed work
is likely to endanger health or property, the Township shall give
due consideration to:
(a)
Possible saturation by rain water.
(b)
Runoff of surface water.
(c)
Possible earth movements and erosion of soil.
(d)
The nature of the earth, soil, or rock involved.
(e)
Subsurface conditions, such as the stratification and faulting
of rock and possible interference with the water table.
(f)
Such other factors as the Township deems relevant and important
in determining the advisability of approving the application.
(2)
Any person aggrieved by a decision or order of the Township
shall have the right to appeal such decision to the Board of Supervisors,
which shall promptly hear, consider, and rule upon any appeal brought
to it under the provisions of this Part. The Board of Supervisors
shall have the power to waive strict compliance with the provisions
of this Part where the evidence shows that strict compliance is unnecessary
to accomplish the purposes of this Part. Any person inflicted with
an undue hardship by a decision of the Board of Supervisors shall
have the right to appeal such decision to a court of competent jurisdiction.
G.
Inspections.
(1)
The Township may inspect the proposed work site prior to making
his final determination of the grading permit application. A predetermination
inspection shall be made at the request of the permit applicant. In
the absence of such a request, the Township, at his option and discretion,
may seek the permission of the permit applicant or landowner to make
a predetermination inspection. If at any time a permit applicant or
permit holder refuses to allow the Township to inspect a work site,
the application for that work site may be summarily denied, or any
permit already issued for that work site may be revoked or suspended.
Following the predetermination inspection, the Township shall, within
a reasonable time, render a decision denying the application, granting
it, or granting it subject to express conditions deemed necessary
to fulfill the purposes of this Part.
(2)
Once a permit has been issued, the permit holder shall notify
the Township and Township Engineer at least 48 hours in advance of
the commencement of each of the following operations in order that
an inspection of the work may be conducted.
(3)
If at any stage of the work the Township shall determine by
inspection that the work is not in compliance with the provisions
of this Part or of the grading permit, he shall issue a written notice
of noncompliance to the permit holder, specifying the work needed
to remedy the noncompliance. If such noncompliance continues unabated,
the Township Engineer may recommend to the Board of Supervisors that
appropriate action be taken under the section of this Part providing
for penalties and remedies.
H.
Excavation Standards.
(1)
No excavation shall be made with a cut face steeper in slope
than two horizontal to one vertical, except under either of the following
conditions:
(a)
The material in which the excavation is made is sufficiently
stable to sustain a slope of steeper than two horizontal to one vertical,
and a written statement of a civil engineer licensed by the Commonwealth
of Pennsylvania and experienced in erosion control is submitted to
and approved by the Township. The statement shall state that the licensed
engineer has inspected the work site and that the specified deviation
from the required slope will not cause injury to persons or damage
to property.
(b)
A retaining wall or other approved support is provided to shore
up the face of the excavation. Depending on the location and good
safety practice, a guard rail or fence may be required at the top
of an excavation cut. A design sealed by a professional engineer must
be provided for the retaining wall, including a stability analysis
and global stability analysis.
(2)
The Township Engineer may require an excavation to be made with
a cut face flatter in slope than two horizontal to one vertical if
it finds that the soil or other material from which the excavation
is dug is highly susceptible to erosion or if other conditions necessitate
a flatter slope. In such case, the Township shall specify a maximum
allowable slope.
I.
Fill Standards.
(1)
No fill shall be made which creates any surface steeper in slope
than two horizontal to one vertical, except under either of the following
conditions:
(a)
The fill is located such that settlement, sliding, erosion and
water drainage will not endanger adjoining property or human health
and safety, in the opinion of the Township.
(b)
A written statement is submitted to the Township by a licensed
civil engineer, experienced in erosion control, in which such engineer
certifies that he has inspected the work site and concluded that the
proposed deviation from the required slope will not result in damage
to adjoining property or danger to human health and safety.
(c)
A retaining wall or other approved support is provided to shore
up the face of the excavation. Depending on the location and good
safety practice, a guard rail or fence may be required at the top
of an excavation cut. A design sealed by a professional engineer must
be provided for the retaining wall, including a stability analysis
and global stability analysis.
(2)
The Township may require that the fill be graded with a slope
flatter than two horizontal to one vertical if he finds such precaution
necessary to ensure stability and safety under the circumstances.
(3)
The fill must be composed of clean soil or earth.
(4)
In order to ensure the stability and even settlement of the
fill, each layer of fill shall be compacted by approved mechanical
equipment in layers not to exceed 12 inches in thickness and as recommended
by the applicant's geotechnical engineer. The entire are of each
layer shall be completely compacted prior to placement of then next
layer of fill.
J.
Drainage. The permit holder shall take adequate steps to prevent surface water from damaging the cuts and slopes of excavations and fills. The Township may require such drainage structures as it deems necessary to prevent erosion damage and to ensure that surface water is properly channeled off to an approved storm drain, water course or catch basin. All grading permit applications must comply with the North Fayette Township Stormwater Management Ord. 355 [Chapter 19].
K.
Miscellaneous Requirements.
(1)
No grading permit shall be issued for such a fill unless the
applicant furnishes a performance bond in an amount of 110% of the
Township's estimated cost of adequately covering such fill with
clean soil.
(2)
The top and bottom edges of all graded slopes shall be at least
three feet from adjoining property lines and rights of way in order
to permit natural rounding of the slope edges without encroachment
on abutting property.
(3)
Wherever practical, large trees and other natural features constituting
substantial physical, aesthetic, historical or economic assets to
the community shall be preserved.
(4)
In order to prevent and curtail soil erosion, grass or other
covering vegetation shall be grown on any soil denuded as a result
of excavation, fill or grading activities. All grading permit applications
must have a soil erosion and sedimentation control plan, reviewed
and approved by the ACCD. Provide a copy of NPDES permit, if required.
(5)
The owner of any property on which an excavation or fill has
been made shall maintain all retaining walls, fences, drains, drainage
structures and protective features in good condition and repair. Such
owner shall be responsible for protecting and cleaning all lower properties
of silt, rock, soil, mud or other debris washed from his property
as a result of the grading of his property, regardless of whether
such grading was approved by the Township.
(6)
The owner of any property on which excavation or fill is to
be conducted shall ensure that adequate environmental controls and
sound erosion and sedimentation measures are in place during the progress
of the work. This may include, but is not limited to, noise and dust
control, diversion ditches, settlement ponds and silt screens.
L.
Expiration of Permit; Extension.
(1)
One year from the date of its issuance, each grading permit
shall expire and become null and void unless, prior to such expiration,
the permit holder shall apply to the Township for an extension of
the grading permit. Such extension should be granted unless, in the
opinion of the Township, further delay in completing the work or changes
in conditions prevailing at the time when the original permit was
granted will endanger property or human health and safety. The period
of extension shall be no longer than the reasonable time needed to
complete the work authorized by the permit and in no case shall exceed
one year. Only one, one year extension is allowable.
(2)
If work has not commenced on site within six months of issuance
of the date of the permit, the permit shall expire and become null
and void.
M.
Grading Certificate.
(1)
If, upon final inspection of the work site, the Township finds
that the work authorized by the grading permit has been completed
satisfactorily in accordance with the requirements imposed by this
Part and any orders or directions issued appurtenant to the provisions
of this Part, the Township shall deliver to the permit holder a certificate
stating that the final work has been completed.
(2)
The grading certificate may be revoked if the Township becomes aware that the excavation, fill or grading covered by the certificate has been extended or altered without benefit of a grading permit or that the protective structures on the site have not been maintained properly as required by Subsection 2K(4) hereof. Prior to revocation, the Township shall provide the property owner with written notice stating the deficiencies which may result in revocation of the certificate and granting the property owner 30 days in which to submit a statement of intention to remedy such deficiencies. If the deficiencies are not remedied within a reasonable time, the grading certificate shall be revoked, and the property owner may be subjected to the penalty and enforcement provisions of this Part.
N.
Penalties; Enforcement.
(1)
When written notice of a violation of any of the provisions
of this Part has been served by the Township upon any person, such
violation must be discontinued immediately.
(2)
Each day the violation continues unabated after service of such
notice shall constitute a separate offense punishable by a like fine
or penalty.
(3)
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
(4)
The Board of Supervisors may authorize the Township Solicitor
to bring an action in equity or law in order to compel compliance
with the provisions of this Part, including, but not limited to, an
action for a temporary restraining order, and action for injunctive
relief, an action for money damages for injury to public property,
or any action of legal nature which the Board deems necessary to carry
out the purposes of this Part.
O.
Effect on Related Ordinances and Laws.
(1)
Any ordinance or any part of any ordinance conflicting with
the provisions hereof is hereby repealed to the extent of such conflict.
Provided, however, that nothing in this Part shall be interpreted
to repeal, eliminate, or alter any provision or requirement of the
zoning or building ordinances of North Fayette Township heretofore
adopted.
(2)
The granting of a permit under this Ordinance by North Fayette
Township shall not relieve the applicant of the duty to obtain any
other permits which may be required by the laws of the United States,
the Commonwealth of Pennsylvania, and/or the County of Allegheny.
