[Ord. 155-B, 3/10/1974, § 1]
1. Title. This Part shall be known and may be cited as the "Leet Township
Grading Ordinance."
2. Purpose. The purpose of this Part is to provide minimum standards
to safeguard persons and property, to protect and to promote the public
welfare, by preventing excess erosion, hazardous rock and soil slippage,
sediment production and other soil and water management problems,
and by regulating and controlling the design, construction, quality
of materials, use, location and maintenance of grading, excavation
and fill.
[Ord. 155-B, 3/10/1974, § 2]
Wherever used in this Part the following words shall have the
meaning indicated:
ADMINISTRATOR
The person qualified and officially appointed by the Board
of Commissioners to manage this Part.
BEDROCK
Natural rock layer, hard or soft, in place at ground surface
or beneath unconsolidated surficial deposits.
ENGINEER, PROFESSIONAL
A person licensed by the Commonwealth of Pennsylvania to
practice engineering and who is knowledgeable in the branch of civil
engineering.
ENGINEERING GEOLOGIST
A person who holds a degree in geology from an accredited
college or university and who has training and experience in the field
of engineering geology.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity, including such processes as gravitational
creep.
EXCAVATION
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 shall include the conditions resulting
therefrom.
FILL
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 shall include the conditions resulting.
GRADING
Excavation or fill or any combination thereof and shall include
the conditions resulting from any excavation or fill.
HAZARD
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, structures, utilities and storm
sewers, including stream pollution.
PERSON
A natural person but shall also include a partnership, corporation,
trust or association.
SITE
A lot, tract or parcel of land, or a series of lots, tracts,
or parcels of land which are adjoining where grading work is continuous
and performed at the same time.
SOIL SURVEY
The unpublished and operational soil survey for Allegheny
County, Pennsylvania, and the accompanying text, Soil Survey Interpretations
of Allegheny County, Pennsylvania, as prepared by the USDA Soil Conservation
Service, et al. When applicable, "Soil Survey" shall mean Soil Survey,
Allegheny County, Pennsylvania, when this publication is completed.
SOILS ENGINEER
A person registered by the Commonwealth of Pennsylvania as
a professional engineer and who has training and experience in the
branch of soils engineering.
SOLID WASTE
All parts of combinations of ashes, garbage, refuse, radioactive
material, combustible demolition materials and industrial wastes such
as food-processing wastes, wood, plastic, metal scrap, etc.
[Ord. 155-B, 3/10/1974, § 3]
1. A grading permit must be obtained from the administrator for new
grading, excavations and fills; changes, additions or alterations
made to existing excavations or fills shall conform to the provisions
of these regulations. A separate grading permit shall be required
for each site. One permit may cover the grading, excavation and any
fills made on the same site.
2. Only one permit is required for a continuous parcel to be graded
for a proposed major planned development, such as residential planned
unit development or a planned industrial park when adequate standards
or requirements for grading the parcel are approved by the administrator.
[Ord. 155-B, 3/10/1974, § 4; as amended by Ord. 2016-01, 3/14/2016]
1. A grading permit will not be required for any of the following situations:
A. Grading is limited to mining, quarrying or stock piling of coal,
rock, sand, aggregate or clay that satisfy the requirements or regulations
of the Commonwealth of Pennsylvania.
B. Grading is limited to solid waste disposal areas or sanitary landfills
operated in accordance with the requirements, rules and ordinances
adopted by the Pennsylvania Department of Environmental Protection
and the Allegheny County Department of Health.
C. Excavation does not exceed five feet in vertical depth, does not
result in cut and/or fill slope steeper than four horizontal to one
vertical and does not exceed an area of 1,000 square feet for areas
recognized by the Soil Survey or better source as containing landslide-prone
soils. Better sources recognizing landslide-prone soil areas may be
the Pennsylvania Bureau of Topographic and Geologic Survey, a professional
engineer experienced in geology or an engineering geologist.
D. Excavation does not exceed 10 feet in vertical depth, does not result
in a cut or fill slope steeper than three horizontal to one vertical
and does not exceed an area of 5,000 square feet in area of soils
not recognized by the soil survey or better as landslide-prone.
E. Fill amount does not exceed 500 cubic yards on any one site.
F. Fill does not exceed then 10 feet in vertical depth as its deepest
point measured from the top of such fill to the natural ground surface,
the area of fill does not exceed 5,000 square feet and the slope of
fill is not steeper than three horizontal to one vertical.
2. Grading does not exceed new construction authorized by a building
permit properly issued by the Board of Commissioners. Grading under
the authorization of a building permit should follow the standards
and requirements of this Part.
3. Soil excavated under the authorization of a building permit properly
issued by the Board of Commissioners is temporarily stockpiled on
the same site as excavation; provided, however, that if the material
from such excavation is thereafter to be used for fill purposes for
which a grading permit is required, such permit must be obtained prior
to such use in accordance with the requirements of this Part. In addition,
if 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.
[Ord. 155-B, 3/10/1974, § 5]
1. Whenever the Board of Commissioners, upon the recommendation of its administrator, determines than any existing excavation, embankment or fill has become a hazard, as defined in §
9-102, the owner of the property upon which the excavation, embankment or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the administrator shall within the reasonable period specified therein repair, reconstruct or remove such excavation, embankment or fill so as to eliminate the hazard.
2. If after such notification the property owner has not made the necessary
repairs within the time allotted, then the Board of Commissioners
may direct government employees to make the required repairs and the
cost thereof shall be borne by the property owner by a lien filed
as provided by law.
[Ord. 155-B, 3/10/1974, § 6]
1. Every applicant for a grading permit shall file a written application
therefor with the administrator in a form prescribed by the administrator.
Such application shall:
A. 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.
B. Be accompanied by plans and specifications prepared, signed and sealed
by a professional engineer, surveyor or architect giving a reasonable
picture of the site and proposed soil erosion controls, if any. The
administrator may waive the preparation or approval and signature
by the professional engineer, surveyor or architect only when it is
self-evident that the proposed work is simple, clearly shown on the
plans submitted and creates no potential nuisance to adjacent property
or hazard and does not include the construction of a fill upon which
a structure may be erected. Such plans may include a description of
the site proposed for grading; accurate location by lot, block, tract,
street address, longitude and latitude, coordinates, a location map
or other similar information; a contour map showing the present contours
of the land and the proposed contours of the land after completion
of the proposed grading, and a plan showing cross sections of the
proposed cut or fill which show the method of benching both cut and/or
fill. In addition, a plot plan may show the location of the grading,
boundaries, lot lines, neighboring streets or ways, buildings, surface
and subsurface utilities and waterways. In addition, plans may include
a description of the type and classification of the soil from the
soil survey or better; details and location of any proposed drainage
structures and pipes, walls and cribbing; seeding locations and schedule,
debris basins, diversion channels; nature of fill material and such
other information as the administrator may need to carry out the purposes
of this Part. All plans shall be dated and bear: (1) the name and
seal of the professional engineer who prepared the same; (2) the name
of the applicant; and, (3) the owner of the land. Plans shall be submitted
in triplicate; one set of which shall be of reproducible nature.
C. State the estimated dates for starting and completion of grading
work.
D. State the purpose for which the grading application is filed.
2. The duty of the administrator shall be to obtain information and
reports from governmental agencies and scientific and/or engineering
journals, if available, and professional engineers and/or engineering
geologists, if necessary. This information and these reports must
be of sufficient detail to insure that proposed grading will not create
a hazard and that there will be a minimum of soil erosion on the site
to be graded.
3. To be adequate, a geological report may include a detailed description
of the geological conditions of the site; may include conclusions
and recommendations that will demonstrate the relationship of the
geological conditions to the proposed development, including hazardous
conditions, water resources, mineral resources and environmental impact.
A soil conservation report may include existing site description as
to topography, drainage, cover and soils, major resource problems
as to soil limitations, erosion and sediment potential and surface
runoff changes; and, recommendations to minimize soil limitations,
erosion and sediment and surface water disposal problems.
4. In no case shall the administrator require more than minimum adequate
standards, as recommended by governmental agencies, professional engineers
or engineering geologists and other requirements specified in this
Part for issuing a grading permit.
[Ord. 155-B, 3/10/1974, § 7]
Before issuance of a grading permit, the applicant shall post
a bond, corporate surety or other approved security in the amount
of 10% of the estimated cost of the grading work and erosion control
facilities proposed for the permit to guarantee of said work and facilities
in a satisfactory manner and meeting the requirements this Part. No
bond shall be required if another bond or other approved security
is posted for construction and/or site improvements. When all requirements
of this permit have been met and the work has been completed in a
satisfactory manner, the full amount of security shall be returned
to the person posting said security.
[Ord. 155-B, 3/10/1974, § 8]
Every grading permit shall expire by limitation and become null
and void if the work authorized by such permit has not been commenced
within one year or is not completed within three years from the date
of issue; provided, that the Board of Commissioners, acting upon the
recommendation of the administrator, may, if the permit holder presents
satisfactory evidence that unusual difficulties have prevented work
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. Any physical changes in the site such as surface water
drainage, soil and bedrock dislocations, alteration of groundwater
discharge or any other natural or man-made modification which would
cause a doubt to be cast upon the feasibility of the contents of the
original permit approval, must be reported to the administrator in
the intervening period between approval of permit and completion of
the project.
[Ord. 155-B, 3/10/1974, § 9]
1. When the requirements of this Part for obtaining a permit have been
met, the administrator shall approve the proposed plan and grant a
grading permit to the applicant. Approved work may then start. However,
when in the opinion of the administrator, work proposed by the applicant
is likely to endanger any property or person, or any street or alley,
or create hazardous conditions, the grading permit shall be denied.
In determining whether the proposed work is likely to endanger property
of streets or alleys, or create hazardous conditions, the administrator
shall give due consideration to possible saturation by rains, earth
movements, run off surface water and subsurface conditions such as
the stratification and faulting of rock aquifers, springs and the
nature and type of the soil or rock.
2. The Board of Commissioners shall consider within 15 days appeals
from the provisions of these regulations or from the denial by the
administrator, and the Board of Commissioners within 15 days shall
consider alternate methods, standards or materials proposed by the
developer when in his opinion strict compliance with the provisions
of these regulations is unnecessary. Any applicant or permit holder
shall have the right of appeal to any court of competent jurisdiction
from any decision of the Board of Commissioners.
[Ord. 155-B, 3/10/1974, § 10]
1. The permittee or his agent shall notify the administrator in writing
of the start and completion of each continuous grading operation.
Notice shall be received by the administrator or at his office at
least two working days before the start or completion of grading operations.
2. Grading work at these stages or at any other time will be subject
to spot inspections at the discretion of the administrator to determine
that the work is being performed in compliance with these regulations.
3. In special cases, when grading occurs in areas of landslide-prone
soil, as recognized by the soil survey or better, the administrator
may require special precautions from the grader. The results of all
soil tests and core borings made relating to the site graded shall
be submitted to the administrator.
[Ord. 155-B, 3/10/1974, § 11]
1. Maximum slope steepness of a cut should be three horizontal to one
vertical for minimizing erosion and landslide hazard. However, a governmental
review agency, professional engineer or engineering geologist may
recognize the types of soil on the site to be graded from the soil
survey or better. Maximum slopes can then be determined as follows:
A. Landslide-prone soils where slopes are less than 25% shall have cut
slopes no steeper than three horizontal to one vertical. Soil survey
map symbols are:
B. Landslide-prone soils where slopes are less than 25% shall have cut
slopes no steeper than two horizontal to one vertical. Soil survey
map symbols are:
C. Soils which are not or have a low probability of being landslide-prone
shall have a slope no steeper than 1 1/2 horizontal to one vertical.
All Soil Survey map symbols except the symbols listed above denote
soils of low landslide probability.
2. Cut slopes which are steeper than those specified above may be allowed
under a grading permit, provided one or both of the following is satisfied:
A. The material in which the excavation is made is sufficiently stable
to sustain a slope steeper than the slope specified above for recognized
soil conditions on the site. A written statement, signed and sealed
by a professional engineer, stating that the steeper slope will have
sufficient stability and that risk of creating a hazard will be slight,
must be submitted to the administrator.
B. A retaining wall or other approved support, designed by a professional
engineer and approved by the administrator is provided to support
the face of excavation.
C. The top or bottom edge of slopes shall generally be set back from
adjacent property lines or street right-of-way lines in order to permit
the normal rounding of the edge without encroaching on the abutting
property or street.
D. Guidelines for cuts in the Erosion and Sediment Control Handbook
for Allegheny County, Pennsylvania, should be followed. One or a combination
of guidelines should be used to minimize hazard, depending on site
conditions and proposed grading.
[Ord. 155-B, 3/10/1974, § 12]
1. No fill should be placed over trees, stumps or other material which
could create a hazard. Instead, such materials may be buried in natural
ground where no structures will be built or hazard created. Limbs
can be chopped and mixed with the topsoil.
2. All fills should be compacted to provide stability of fill material
and to prevent undesirable settlement or slippage.
3. Clean soil or earth should be placed over the top and exposed surfaces
of the fill to a depth sufficient to conceal all materials used in
the fill other than clean soil or earth. If the filling operation
is intermittent, the top and exposed surfaces of the fill should be
so covered at the completion of each lift.
4. The top or bottom edge of slopes should generally be set back from
adjacent property lines or street right-of-way lines in order to permit
the normal rounding of the edge without encroaching on the abutting
property or street.
5. Guidelines for fills in the Erosion and Sediment Control Handbook
for Allegheny County, Pennsylvania, should be followed. One or a combination
of guidelines should be used to minimize hazard, depending site conditions
and proposed grading.
[Ord. 155-B, 3/10/1974, § 13]
Guidelines for minimizing erosion and sediment in the Erosion
and Sediment Control Handbook for Allegheny County, Pennsylvania,
should be followed. One or a combination of guidelines should be used
to minimize hazard, depending on site conditions and proposed grading.
However, the administrator may approve grading plans not meeting guidelines
of the Handbook if proposed grading will not constitute a hazard.
Governmental and/or engineering reports should be used as evidence
that proposed grading will not constitute a hazard.
[Ord. 155-B, 3/10/1974, § 14]
1. Definition of Retaining Wall. 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 of the standards set forth in this Part, and
which is more than four feet in height as measured on the exposed
vertical surface of the wall.
2. If a retaining wall is constructed to satisfy a requirement of this
Part, a building permit, as provided for by other municipal regulations
shall not be required. The grading permit will apply to the retaining
wall, and the requirements for inspection, etc., as stated herein
will be complied with.
3. Retaining walls must be constructed in accordance with sound engineering
practice. The plans submitted for approval shall bear the seal of
a professional engineer.
4. The back filling of retaining walls and the insertion of subterranean
drainage facilities shall be done strictly in accordance with the
provisions of this Part and the appropriate municipal regulations.
5. In general, where a wall is replacing an exposed slope, the vertical
face of the wall shall be three feet back from the adjoining property.
A. A special exception to this requirement may be applied for and granted
by the administrator if it can be satisfactorily demonstrated that
such a variance is necessary to insure normal use of the property,
i.e., for a sideline driveway.
B. The requirement of this subsection may also be set aside when the
proposed retaining wall is a joint venture between adjacent property
owners, and appropriate documents so stating are filed with the application
for the permit.
[Ord. 155-B, 3/10/1974, § 15]
1. Adequate provisions shall be made to prevent any surface or subsurface
waters from damaging:
A. The cut face of an excavation.
B. The sloping surface of a fill.
C. Adjacent property affected by the change in the existing natural
runoff pattern.
2. To prevent damage, grading plans should follow the vegetative control
methods and ditch and conduit control methods in the Erosion and Sediment
Control Handbook, for Allegheny County, Pennsylvania, when they fit
the site. The administrator may approve methods and materials recommended
by governmental agencies and professional engineers when they are
more suitable to the site in preventing damage. Drainage facilities
shall be designed to accommodate the largest size storm that would
occur on the average of every two years.
[Ord. 155-B, 3/10/1974, § 16]
1. The owner of any property on which an excavation or fill has been
made shall maintain in good condition and repair the excavation or
fill permitted, and also all retaining walls, cribbing, drainage structures,
fences, ground cover and any other protective devices as may be a
part of the permit requirements.
2. If, at any time subsequent to the completion of the grading work,
the cut face or fill slope shall evidence signs of deterioration,
erosion, or other evidence which might be detrimental to the properties
above and below the grading site, the Planning Commission/Council,
upon the recommendation of its administrator, may direct the property
owner to take necessary remedial steps in accordance with sound engineering
practice to restore the grading to a safe condition, and do so in
a reasonable period of time.
[Ord. 155-B, 3/10/1974, § 17]
Neither the issuance of a permit under the provisions of this
Part, nor the compliance with the provisions hereof or with any condition
imposed by the administrator hereunder, shall relieve any person from
any responsibility for damage to persons or property resulting therefrom,
or as otherwise imposed by law, nor impose any liability upon the
Township for damages to persons or property.
[Ord. 155-B, 3/10/1974, § 18; as amended by Ord. 260, 3/11/1996, § 9-118; and by Ord. 2016-01, 3/14/2016]
1. 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 Part.
2. When written notice of any of the provisions of this Part has been
served by the administrator on any person, such violation shall be
discontinued immediately or within a reasonable time limit specified
in such notice. If violation is not discontinued, or extends beyond
the specified time limit, the administrator shall revoke the grading
permit and the violation is subject to fine.
3. Any person violating any of the provisions of this Part, upon conviction
thereof, 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 30 days. Each day that a violation
of this Part continues shall constitute a separate offense. Whenever
such person shall have been notified by the administrator by service
of summons in a prosecution or in any other way that he is committing
such violation of this Part, 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.
[Ord. 155-B, 3/10/1974, § 19]
In case any work is performed by any person in violation of
any of the provisions of this Part, 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.
[Ord. 184, 12/8/1980,
§ 1]
This Part shall be known and may be cited as the "Leet Township
Soil Erosion and Sedimentation Control Amendment to Grading Ordinance."
[Ord. 184, 12/8/1980,
§ 2]
The provisions of this Part impose requirements on earth moving
activities which created accelerated erosion or a danger of accelerated
erosion and which require planning and implementation of effective
soil conservation measures.
[Ord. 184, 12/8/1980,
§ 3]
The purpose of this Part is to control accelerated erosion and
the resulting sedimentation of water of this Township thereby preventing
the pollution of such waters from sediment and from fertilizers, pesticides
and other polluting substances carried by sediment.
[Ord. 184, 12/8/1980,
§ 3]
The following words and terms, when used in this Part, shall
have the following meanings, unless the context clearly indicates
otherwise:
ACCELERATED EROSION
The removal of the surface of the land through the combined
action of man's activities and the natural processes at a rate
greater than would occur because of the natural process alone.
CONSERVATION PLAN
A plan that identifies conservation practices and, at the
very least, includes an erosion and sedimentation control plan.
DIVERSION TERRACE
A channel or dike constructed up-slope of a project for the
purpose of diverting stormwater away from the unprotected slope.
EARTH MOVING ACTIVITY
Any construction or other activity which disturbs the surface
of the land including, but not limited to, excavations, embankments,
land development, subdivision development, mineral extraction and
the moving, depositing or storing of soil, rock or earth.
EMBANKMENT OR FILL
A deposit of soil, rock or other material placed by man.
Fill also includes any act by which earth, sand, gravel, rock or other
materials is deposited, placed, pushed, dumped, pulled, transported
or moved to a new location and shall include the conditions resulting
therefrom.
EROSION
The natural process by which the surface of the land is worn
away by the action of water, wind or chemical action.
EXCAVATION
A cavity formed by digging, quarrying, uncovering, displacing
or relocating soil or rock.
INTERCEPTOR CHANNEL
A channel or dike constructed across a slope for the purpose
of intercepting stormwater, reducing the velocity of flow, and diverting
it to outlets where it may be disposed.
LAND DEVELOPER
Any person who is engaged in land development as the principal
rather than an agent or contractor.
LAND DEVELOPMENT
The constructing, installing, placing, planting, or building
or surface structures, utility lines, shopping centers and malls,
golf courses, apartment complexes, schools, roads, highways, parking
areas or any other similar activity.
PERSON
Any natural person, partnership, association or corporation.
SEDIMENT
Soils or other surficial materials transported by surface
water as a product of erosion.
SEDIMENTATION
The process by which sediment is deposited on stream bottoms
or other areas.
SITE
A lot, tract or parcel of land, or a series of lots, tracts
or parcels of land which are adjoining where grading work is continuous
and performed at the same time.
STABILIZATION
The proper placing, grading and/or covering of soil, rock
or earth to ensure their resistance to erosion, sliding, or other
movement.
SUBDIVISION
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
division of land including changes in existing lot lines for the purpose,
whether immediate or future, of lease, transfer of ownership or building
or lot development.
[Ord. 184, 12/8/1980,
§ 4]
1. All earth moving activities within this Township shall be conducted in such a way as to prevent accelerated erosion and the resulting sedimentation. To accomplish this, except as provided for in Subsection
2 of this section, any landowner or person engaged in earth moving activities shall develop, implement and maintain erosion and sedimentation control measures which effectively minimize accelerated erosion and sedimentation. These erosion and sedimentation measures must be set forth in a plan and must be available at all times at the site of the activity. The Township may, at its discretion, require this plan to be filed with the Township Commissioners.
2. In the case of agricultural plowing and tilling, a landowner is responsible
for developing and implementing the erosion and sedimentation control
plan. The landowner may delegate his obligation to implement the plan
or parts thereof, by written agreement, to a tenant or lessee. When
such an agreement exists, the tenant or lessee shall be responsible
for implementing those provisions delegated pursuant to the agreement.
[Ord. 184, 12/8/1980,
§ 5]
1. The erosion and sedimentation control plan shall be prepared by a
person trained and experienced in erosion and sedimentation control
methods and techniques, prior to any excavation and issuing of permits
and as agreed to by representatives of Allegheny County Conservation
District.
2. The erosion and sedimentation control plan shall be designed to prevent
accelerated erosion and sedimentation and shall consider all factors
which contribute to erosion and sedimentation including, but not limited
to, the following:
A. The topographic features of the project area.
B. The types, depth, slope and areal extent of the soils.
C. Their proposed alteration to the area.
D. The amount of run-off from the project area and the upstream watershed
area.
E. The staging of earth moving activities.
F. The temporary control measures and facilities for use during earth
moving.
G. The permanent control measures and facilities for long term protection.
H. A maintenance program for the control facilities including disposal
of materials removed from the control facilities or project area.
[Ord. 184, 12/8/1980,
§ 6]
The erosion and sedimentation control facilities set forth herein
of this Part (relating to control measures; control facilities) shall
be appropriately incorporated into all earth moving activities unless
the designer of the erosion and sedimentation control plan shows that
alteration of these measures and facilities or inclusion of other
measures and facilities shall prevent accelerated erosion and sedimentation.
[Ord. 184, 12/8/1980,
§ 7]
1. Limiting Exposed Areas. All earth moving activities shall be planned
in such a manner as to minimize the areal extent of disturbed land.
2. Surface Water Diversion. All surface water shall be diverted away
from the project area.
3. Velocity Control. All permanent facilities for the conveyance of
water around, through or from the project area shall be designed or
contain facilities to limit the velocity of flow in the facilities
to less than 1 1/2 feet per second.
4. Stabilization. All slopes, channels, ditches, or any disturbed area
shall be stabilized as soon as possible after the final grade or final
earth moving has been completed.
5. Interim Stabilization. Where it is not possible to permanently stabilize
a disturbed area immediately after the final earth moving has been
completed or where the activity ceases for more than 20 days, interim
stabilization measures shall be implemented promptly.
6. Collection of Run-Off. All run-off from a project area shall be collected
and diverted to facilities for removal of sediment.
7. Solids Separation. Run-off from a project area shall not be discharged
into the waters of this Township without means to prevent sedimentation.
[Ord. 184, 12/8/1980,
§ 8]
1. Diversion Terraces. The following shall apply to diversion terraces:
A. Diversion terraces shall be constructed up-grade of a project area
to convey run-off around the project area. For temporary diversion,
the channel shall have a capacity to convey 1 3/5 cubic feet
per second per acre of land tributary to it. For permanent diversion,
the channel shall have a capacity to convey 2.75 cubic feet per second
per acre of land tributary to it.
B. Diversion terraces shall be grassed or lined with erosion resistant
material to prevent accelerated erosion within the channel.
C. Outlet structures shall be designed to maintain a discharge velocity
of less than three feet per second and shall be stabilized before
use.
2. Interceptor Channels. The following shall apply to interceptor channels:
A. Interceptor channels may be used within a project area to reduce
the velocity of flow and thus prevent accelerated erosion.
B. Water collected by interceptor channels shall be conveyed to sedimentation
basins or to vegetated areas but not directly to streams.
C. Outlets to vegetated areas shall be designed to maintain an outlet
velocity of less than three feet per second.
3. Channels of Conveyance. All channels used to convey water through
a project area shall be designed to have a velocity if less than 1 1/2
feet per second. Where this is not possible, the channel shall be
grassed or lined with erosion resistant material.
4. Sedimentation Basins. The following shall apply to sedimentation
basins:
A. A sedimentation basin shall have a capacity of 7,000 cubic feet for
each acre of project area tributary to it and shall be provided with
a twenty-four-inch freeboard.
B. The basin shall be cleaned when the storage capacity of the basin
is reduced to 5,000 cubic feet per acre of project area tributary
to it.
C. Outlet structures shall be designed to pass a minimum flow of two
cubic feet per second for each acre or project area tributary to the
basin.
D. The discharge from a sedimentation basin shall be to a natural waterway.
E. Sedimentation basins shall be structurally sound and protected from
unauthorized acts of third parties.
[Ord. 184, 12/8/1980,
§ 9]
Upon completion of the project, all areas which were disturbed
by the project shall be stabilized so that accelerated erosion shall
be prevented.
[Ord. 184, 12/8/1980,
§ 10]
Any erosion and sedimentation control facility required or necessary
to protect areas from erosion during the stabilization period shall
be maintained until stabilization is completed.
[Ord. 184, 12/8/1980,
§ 11]
Upon completion of stabilization, all unnecessary or unusable
control facilities shall be removed, the areas shall be graded and
the soils shall be stabilized.
[Ord. 184, 12/8/1980,
§ 12]
1. Any person or municipality who engages in an earth moving activity
within the Township shall obtain a permit prior to the commencement
of the activity; except a permit will not be required under the following
circumstances:
A. If the earth moving activity involves plowing or tilling for agricultural
purposes.
B. If an activity is required to obtain a permit pursuant to the Clean
Streams Law, 35 P.S. § 691.1 et seq., the Surface Mining
Conservation and Reclamation Act, 52 P.S. § 1396.1 et seq.,
the Act of June 25, 1913, P.L. 555, (No. 355), 32 P.S. § 681
et seq.
C. In an earth moving activity disturbs less than 2 1/2 acres.
D. If an activity involving more than more than 2 1/2 acres is
subdivided into parcels of less than 2 1/2 acres and earth moving
is undertaken on non-contiguous parcels and the parcels are stabilized
before contiguous parcels are disturbed.
[Ord. 184, 12/8/1980,
§ 13]
1. Applications for permits shall be submitted to the Building Inspector
who shall receive all applications and shall collect all fees. The
Building Inspector shall transmit all applications to the engineer
who shall indicate approval thereof. In the event of disapproval,
the engineer shall note the reasons therefor, a copy of which shall
be sent to the applicant.
2. Before issuance of grading permit, the applicant shall post a bond,
with corporate surety, or other approved security, in the amount of
100% of the estimated cost of the grading work to guarantee the completion
of said work, including slope treatment and drainage contemplated
under the permit.
3. The bond requirements and all other provisions of Ord. 187, "Bond Requirement Amendment to Building Code Ordinance" [Chapter
5], are hereby incorporated by reference into this Part as though set forth at length herein.