[Ord. 656, 4/9/2015]
This Part shall be known and may be cited as the "Grading Ordinance."
[Ord. 656, 4/9/2015]
The purposes of this Part are to regulate the modification of
natural terrain, and the alteration of drainage and to provide for
certain erosion and sediment control measures 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.
[Ord. 656, 4/9/2015]
As used in this Part, the following terms shall have the meanings
indicated unless the context clearly indicates a different meaning:
Any person or entity who applies for or to whom a permit
is issued pursuant to this Part and/or who is subject to inspection
under this Part.
Natural rock layer, hard or soft, in place at ground surface
or beneath unconsolidated surficial deposits.
Any structure having a roof supported by columns or walls
for the housing or enclosure of persons or animals. When any portion
thereof is completely separated from every other portion thereof by
a division wall without openings, then each such portion shall be
deemed to be a separate "building."
The clearing, grubbing, scalping, removal of trees or stumps
and removing and disposing of all vegetation and debris within the
site, including the conditions resulting therefrom.
The erection, alteration, repair, renovation, demolition
or removal of any building or structure, and the clearing, stripping,
excavating, filling, grading and regulation of sites in connection
therewith.
Loose refuse, rock, mud or earth material not suitable for
use as presently situated or constituted, as determined by the Code
Official. See also "waste."
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any agency successor thereto.
The Department of Transportation of the Commonwealth of Pennsylvania
or any agency successor thereto.
Any person commencing proceedings under this Part to effect
the development of land for himself or for another.
The detachment and movement of soil or rock fragments or
the wearing away of the surface 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, including the conditions resulting therefrom.
The elevation of the existing ground surface above sea level
prior to any excavating or filling.
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 conditions resulting therefrom, or
the material used in such activity.
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.
Same definition as in the Floodplain Ordinance [Chapter 8].
An excavation or fill or any combination thereof (either
initially or repeatedly), including the conditions resulting 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 Part.
The plan of proposed grading which contains all of the information
required by this Part 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.
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 for slopes
steeper than 2/1 slope).
A person licensed or otherwise authorized by the Commonwealth
of Pennsylvania as a landscape architect.
A person licensed or otherwise authorized by the Commonwealth
of Pennsylvania as a surveyor.
Any area on a property where the topographic lines have changed
pursuant to a grading plan.
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.
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 lot, tract or parcel of land or a series of lots, tracts
or parcels of land joined together, where work is continuous and performed
at the same time.
That ratio formed by the horizontal over the vertical difference
of position and where the vertical difference is usually expressed
as one (e.g., 2/1, 3/1, etc.).
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 term "clean soil or earth"
shall mean that earthen material consisting only of uncontaminated
soils, stones or rocks, or a mixture or combination of such materials,
of appropriate dimensions, that are raw materials, excavated or extracted
from a borrow pit or some earthen bank.
Any activity which removes or significantly disturbs the
vegetative surface cover.
All parts of or any combination of material that is an unintended
by-product of a manufacturing process and/or that is intended to be
or has been discarded. Examples of waste for the purposes of this
Part include, but are not limited to: ashes, garbage, refuse, radioactive
material, demolition materials and industrial wastes such as food-processing
wastes, wood, plastic, metal scrap, or any similar materials.
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, drainage way, waterway, gully, ravine
or wash in which water flows in a definite direction or course, either
continuously or intermittently, including any area adjacent thereto
which is subject to inundation by reason of overflow or floodwater.
Any activity authorized under a grading permit, including,
but not limited to, clearing, construction, grading and stripping.
[Ord. 656, 4/9/2015]
1.
Except as exempted by § 9-105, no person shall do any clearing, stripping, grading, construction or other activity involving the disturbance of natural terrain or vegetative ground cover, or no person shall allow such activities to occur on his property, unless he has applied for and obtained a valid grading permit from the Code Official. Specifically, the following activities require a grading permit:
[Amended by Ord. 663, 10/5/2016]
A.
Modifying, disturbing, blocking, diverting or otherwise adversely
affecting the natural overland or subsurface flow of stormwater.
B.
Construction, erection or installation of any drainage dam, ditch,
culvert, drain pipe, bridge or any other structure or obstruction
affecting the drainage of any premises.
C.
Filling, clearing, stripping, excavating and grading of any land
including stockpiling (temporary or permanent) of excavated or fill
material.
2.
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 DEP.
3.
Where proposed work relates to a major or minor land development plan approved under the Subdivision and Land Development Ordinance [Chapter 22], the Code Official may grant a grading permit prior to the developer's compliance with all applicable conditions of such approval.
4.
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.
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 Code Official may require the applicant to submit more than one
grading permit application.
6.
Where major modifications or alterations are proposed for work covered
by an existing grading permit, the Code Official may require that
an application for a new grading permit be submitted.
[Ord. 656, 4/9/2015]
A grading permit will not be required for any of the following
situations:
A.
An excavation which does not exceed five feet in vertical depth at its deepest point measured from the existing grade, if the grading does not cover an area of more than 20% of the site and does not exceed 5,000 square feet and does not exceed 250 cubic yards. 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 § 9-105, Subsection 1B, herein.
B.
A fill which does not exceed five feet in vertical depth at its deepest
point measured to the existing grade, if the grading does not cover
an area of more than 20% of the site and does not exceed 5,000 square
feet and does not exceed 250 cubic yards, provided that the surface
of such fill does not have a slope at any point steeper than five
horizontal to one vertical.
C.
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.
A single-family dwelling site where the slope between property lines measured in any direction or the maximum excavation or fill, exclusive of the situations referred to in § 9-105, Subsection 1C, hereof, do not exceed the slopes or quantities set forth in the following table:
|
Single-Family House Site Area to be Graded
(square feet)
|
Maximum Slope without Permit (feet vertical per 100 feet
horizontal)
|
Maximum Excavation or Fill without Permit
(cubic yards)
| |
|---|---|---|---|
|
Less than 12,000
|
12
|
100
| |
|
From 12,000 to 30,000
|
15
|
200
| |
|
Over 30,000
|
20
|
250
|
E.
Authorized Township capital improvement and public works projects,
provided, however, that erosion and sedimentation control measures
as approved by the Township have been and are being employed.
F.
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.
[Ord. 656, 4/9/2015]
1.
Whenever the Code Official determines that any existing excavation,
retaining wall, embankment or fill has become a hazard, the owner
of the property upon which the excavation, retaining wall, embankment
or fill is located, or other person or agent in control of said property,
shall, upon receipt of notice in writing from the Code Official and
within the reasonable period specified therein, repair, reconstruct
or remove such excavation, retaining wall, embankment or fill so as
to eliminate the hazard.
2.
If, after such notification, the property owner or other person has
not made the necessary repairs within the time requested, then the
Township may make the required repairs and the cost thereof shall
be borne by the property owner by a lien or judgment obtained as provided
by law.
[Ord. 656, 4/9/2015]
1.
To obtain a grading permit, an applicant shall first file a written
application upon forms furnished by the Township, including three
copies of the application and required plans, specifications and timing
schedule with the Township. The application must be signed by the
owner of the property or an authorized agent. If the owner is a corporation,
firm, business, partnership, association, limited liability company,
or any other legal entity, it must be signed by the authorized agent
thereof.
2.
A separate application shall be required for each site.
4.
The plans, specifications, timing schedule and accompanying application
shall be submitted to the Township prior to commencement of any such
activity and shall include the following data:
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 locate the proposed work.
B.
Provide a plan of the site, prepared by a professional engineer,
surveyor or landscape architect drawn to a scale of not less than
100 feet to one inch showing:
(1)
The boundary lines of the site on which the work is to be performed,
including the approximate acreage of the site.
(2)
Existing topography on the site and land adjacent to the site
within 100 feet of the site boundary lines, including the location
of any buildings, structures, utilities, sewers, water and storm drains,
wooded areas and other significant natural features.
(3)
Proposed improvements on the site including proposed contours
of the land after completion of the proposed grading.
(4)
All drainage provisions, erosion and sediment control measures,
vegetative practices or other protective devices to be constructed
in connection with or as part of the proposed work.
(5)
Provisions for erosion control during construction (temporary)
and during the life of the facility (permanent). Such provisions shall
include a timing schedule and sequence of operations indicating the
anticipated start and completion dates of the particular development
sequence.
(6)
A soil classification map identifying soils and listing limiting
factors of applicable soils.
(7)
The name of the proposed development, and names and addresses
of the owner, developer and persons who prepared the plan.
(8)
The plans and specifications shall be supported by such supplemental
reports, data and additional information as the Code Official may
reasonably require including, but not limited to, the following:
5.
The Code Official may waive the requirements for plans, specifications,
timing schedule or cost estimate if he finds that the information
on the application is sufficient to show that the work will conform
to the requirements of this Part.
[Ord. 656, 4/9/2015]
Before issuing a grading permit, the Township shall collect
a permit fee from the applicant in accordance with the following provisions:
A.
Application Fees and Deposits. The Board of Supervisors shall establish
from time to time by resolution fees and deposits to be paid by the
applicant/developer at the time of filing the relevant application
under this Part.
B.
Review Fees and Expenses. The applicant/developer shall reimburse
the Township for all fees and expenses incurred by the Township related
to an application and/or grading permit under this Part including,
but not limited to, the reasonable and necessary charges of the Township
professional consultants, the Township Engineer and the Township Solicitor
for review and report on an application and/or grading permit under
this Part and the inspection of improvements and/or work related thereto.
C.
Upon filing an application, the applicant must agree, in writing,
to pay costs actually incurred by the Township, regardless of whether
the work related thereto is ever initiated or completed.
[Ord. 656, 4/9/2015]
1.
Prior to issuance of a grading permit, the applicant shall provide the Township with financial security guaranteeing the completion, timely installation and proper construction of any work within and/or impacting a Township road right-of-way as required by the applicable Township ordinances and the Township-approved plans, specifications and timing schedule for the grading permit. The amount of such financial security shall be equal to 110% of the cost of completing the work within and/or impacting the Township road right-of-way. Such financial security shall be from a source and in a form acceptable to the Township Solicitor and shall comply with the requirements of the Financial Security Ordinance [Chapter 1, Part 7].
2.
After the completion of the work secured by the financial security,
and as a prerequisite for the Township's release of such financial
security, the applicant shall request a final inspection by the Township
to certify compliance with the applicable Township ordinances and
the Township-approved plans and specifications for the grading permit.
Within a reasonable time period after receiving a certification that
the work secured by the financial security has been completed in compliance
with the applicable Township ordinances and the Township-approved
plans and specifications for the grading permit, the Township shall
release the financial security and return it to the applicant.
[Ord. 656, 4/9/2015]
1.
The Code Official may attach conditions to a grading permit as reasonably
necessary to prevent danger to property, including any sewer, storm
drain or watercourse, or to prevent work from being conducted in a
manner hazardous to life or property, or in a manner likely to create
a nuisance. No grading permit shall be issued until grading plans,
erosion and sediment control plans, specifications, a timing schedule
and a cost estimate are approved by the Township Engineer and the
applicant certifies that all work shall be performed pursuant to the
approved plans, specifications and schedules.
2.
If the application conforms substantially to the requirements of
this Part, the Code Official shall approve the same and issue a grading
permit to the applicant without unreasonable delay.
3.
After actual work begins, the Code Official or Township Engineer
may require additional or revised controls from time to time in the
event that the Code Official and/or Township Engineer determines that
the originally approved controls are inadequate.
4.
Permits issued pursuant to this Part do not relieve the owner of
responsibility for securing any and all necessary permits and approvals
as required by any other applicable code, ordinance or regulatory
agency.
[Ord. 656, 4/9/2015]
1.
If an application for a grading permit does not conform to the requirements
of this Part, the Code Official shall deny the application in writing,
setting forth the basis for the denial. The Code Official shall forward
the written denial to the applicant without unreasonable delay.
2.
Where, in the opinion of the Code Official and/or Township Engineer,
the work as proposed by the applicant is likely to endanger any person,
property or any street or way, or create hazardous conditions, or
damage the ecology of the area, the application for grading permit
shall be denied. In determining whether the proposed work is likely
to have such an effect, the Code Official and/or Township Engineer
shall consider factors including, but not limited 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, rock or other minerals.
[Ord. 656, 4/9/2015]
During grading or other work, the applicant shall be responsible
for:
A.
Performing all work in accordance with the grading permit, approved
plans, specifications and timing schedule and in compliance with all
requirements of this Part.
B.
Preventing damage to public utilities within the area where work
is performed and along any routes of travel of construction equipment,
and repairing any such damage if necessary.
C.
The prevention and/or repair of damage to adjacent property. No person
shall grade on land so close to the property line as to endanger any
adjoining public street, sidewalk, alley or any public or private
property without supporting and protecting such property from settling,
cracking or other damage which might result.
D.
The prompt removal and legal disposal of all soil, debris, waste
or other material spilled, dumped or otherwise deposited on public
streets, highways, sidewalks or other public thoroughfares during
transit to and from the construction site. The Code Official and/or
Township Engineer may require the construction of a haul road or other
approved vehicle cleaning method to prevent the spread of debris.
E.
The prevention of all sediment from entering into any public sanitary
or storm sewer system or watercourse.
[Ord. 656, 4/9/2015]
Following written notice issued to the applicant and reasonable
opportunity to cure, the Code Official may revoke or suspend any permit
issued under this Part for:
A.
Violation of any condition of the grading permit.
B.
Violation of any provision of this Part or any other applicable law,
ordinance, rule or regulation relating to work authorized under a
grading permit.
C.
Existence of any condition or the doing of any act constituting or
creating a nuisance or hazard or endangering human life or the property
of others.
[Ord. 656, 4/9/2015]
Unless otherwise provided by Pennsylvania law, every grading
permit shall automatically expire if the authorized work is not commenced
within six months or is not completed within one year from the date
of such permit issuance. If the applicant provides satisfactory evidence
in writing that unusual difficulties have prevented the work from
being started or completed within the specified time limits, the Code
Official may grant a reasonable extension of time. An applicant must
file an application for the extension of time before the date of expiration
of the grading permit.
[Ord. 656, 4/9/2015]
All modifications to the approved plans, specifications, timing
schedule and cost estimate for a grading permit shall be submitted
to the Township for review and approval by the Code Official. There
shall be no differentiation between major and minor modifications
with respect to this section. Modifications of the approved plans
shall be reviewed and approved in the same manner as the original
plan.
[Ord. 656, 4/9/2015]
1.
The Code Official and/or Township Engineer shall make the inspections required under this Part. Following inspection, the Code Official and/or Township Engineer shall approve any portion of the work that has been completed and notify the applicant of any portion of the work that fails to comply with the provisions of this Part. Where the Code Official and/or Township Engineer determines that the soil or other conditions are not as stated or shown on the application, the Code Official shall stop work on the site immediately until the Township approves a revised grading plan in accordance with § 9-115 above.
2.
All approved grading plans shall be maintained at the site until
all permitted work has been approved by the Code Official and/or Township
Engineer.
3.
The applicant shall request from the Code Official and/or Township
Engineer all inspections provided in the following schedule at least
72 hours before the inspection is to be made:
A.
Initial inspection: when work on the excavation or fill is about
to be commenced.
B.
Rough grading: when all rough grading has been completed.
C.
Drainage facilities: when drainage facilities are to be installed
and before such facilities are backfilled.
D.
Special inspection: if at any time conditions are found which are
not stated on the permit holder's application.
E.
Special structures: when excavations are complete for retaining and
other structural supporting walls (e.g., such as crib walls) and when
reinforcing steel is in place and before concrete is poured.
F.
Final inspection: when all work, including the installation of all
drainage and other structures has been completed.
[Ord. 656, 4/9/2015]
1.
Grading shall be limited to the minimum area necessary to provide
for buildings, roads, parking areas, utilities, other facilities and
other work related to the grading.
2.
The applicant shall be responsible for protecting adjacent and downstream
properties from any damage which occurs as a result of grading activities
on the grading site. Such protection shall include cleaning up and
restoring to their original condition any adjacent and downstream
properties adversely affected by silt, debris, flooding, or other
damage resulting from the grading activity.
3.
The top and bottom edges of cut or fill slopes shall be kept back
from property or right-of-way lines three feet plus 1/5 of the height
of the cut or fill, which total distance is not required to exceed
10 feet.
4.
Topsoil stripped from the grading site in preparation for grading
activities shall be stockpiled and replaced on the site over all regraded
areas at a minimum depth of six inches.
5.
Fill areas shall be prepared by removing organic material (such as
vegetation, rubbish and any other material determined by the Code
Official and/or Township Engineer to prevent proper compaction and
stability).
6.
Grading shall be accomplished so that post-development stormwater
runoff flows cause no harm to adjacent properties.
7.
Engineered steep slopes of 25% or more shall be landscaped with trees,
minimum one inch dbh in size, planted 20 feet on center; all remaining
areas of steep slope shall be planted with perennial ground cover
vegetation.
[Added by Ord. No. 695, 9/2/2020]
[Ord. 656, 4/9/2015]
1.
No excavation shall be made with a cut face steeper in slope than
two horizontal to one vertical, except under the following conditions:
A.
Where the height of a proposed slope will not exceed 12 feet, then
a maximum slope steepness of one horizontal to one vertical may be
allowed where soil conditions permit and doing so will help to preserve
existing vegetation or other significant natural features. The cut
or fill shall be located so that a line having a slope of two horizontal
to one vertical and passing through any portion of the slope face
will be entirely inside the property lines of the proposed development.
B.
Where a retaining wall is constructed to support the face of the
slope, the plans for such wall shall be designed and sealed by a professional
engineer and reviewed and approved by the Township Engineer.
C.
A geotechnical analysis, prepared by a professional engineer with
geotechnical training and experience, that demonstrate the steep slopes,
excavations and embankments are stable with a minimum slope stability
factor of 1.5 for slopes potentially impacting a structure, right-of-way
and/or public area, and a minimum slope stability factor of 1.3 for
all other slopes, unless otherwise approved by the Township Engineer.
The slope stability factor requirement of 1.5 means that the resisting
forces are at least 50% greater than the driving forces acting on
the slope, and the slope stability factor requirement of 1.3 means
that the resisting forces are at least 30% greater than the driving
forces acting on the slopes. The resisting forces are primarily related
to soil strength, but may include other components. The driving forces
are primarily related to gravity and water pressure, but also may
include other components. Both slope and base (foundation) failures
are to be considered.
2.
Excavation adjacent to any building foundation walls, footings, or
structures shall not extend beyond the angle of repose or natural
slope of the soil under the nearest point of the same unless the foundation
walls, footings, or structures have been sufficiently underpinned
or otherwise protected against settlement.
3.
The Code Official and/or Township Engineer may require an excavation
to be made with a cut face less or flatter in slope than two horizontal
to one vertical if it finds the material in which the excavation is
to be made is unusually subject to erosion or if other conditions
exist which, under applicable engineering practice, make such flatter
cut slope necessary for stability and safety.
4.
Excavations adjacent to any footing, foundation or structure shall
not extend below the angle of repose or natural slope of the soil
under the nearest point of the same unless such footing, foundation
or structure is first properly underpinned or protected against settlement.
5.
A soil erosion and sedimentation control plan shall be prepared in
accordance with the provisions of 25 Pa. Code, Chapter 102, Erosion
and Sediment Control, as amended, prior to commencement of any grading
or other regulated earth disturbance activity, unless the Allegheny
County Conservation District determines that a soil erosion and sedimentation
control plan is not required.
6.
No grading shall be permitted within 20 feet of a floodplain or wetland
area unless a permit is obtained from the appropriate DEP office.
The applicant shall be responsible for payment for all costs associated
with obtaining said permit and shall produce said permit for inspection
upon request of the Township.
[Ord. 656, 4/9/2015]
1.
No fill shall be made which creates any exposed surface steeper in
slope than two horizontal to one vertical, except under one or more
of the following conditions:
A.
The material in which the fill is made is sufficiently stable to
sustain a slope of steeper than two horizontal to one vertical and
the applicant submits a written statement signed and sealed by a professional
engineer experienced in geological sciences and erosion control. The
Township Engineer must review and accept the statement prior to the
commencement of any work under the grading permit. The statement shall
provide calculations demonstrating that the slope is stable with a
minimum slope stability factor of 1.5 and will not result in increased
risk of injury to persons, damage to adjacent property, or damage
to receiving streams. The slope stability factor requirement of 1.5
means that the resisting forces are at least 50% greater than the
driving forces acting on the slopes.
B.
The Code Official and/or Township Engineer may require that the fill
be constructed with an exposed slope less than or flatter than two
horizontal to one vertical if the Code Official and/or Township Engineer
finds that under the particular conditions such flatter slope is necessary
for stability and safety.
2.
Whenever fill is to include materials other than clean soil or earth,
the grading permit shall be subject to the following additional limitations
and requirements:
A.
The fill shall be completed within a reasonable length of time, said
time limit to be determined by the Code Official and to be specified
on the grading permit.
B.
Clean soil or earth shall be placed over the top of and cover exposed
surfaces of the fill to a depth sufficient to conceal all materials,
other than clean soil or earth, within the fill. Topsoil must meet
Pennsylvania Department of Transportation Publication 408 Specifications.
C.
Debris or waste shall not be considered as fill material.
D.
No rock or material in excess of 12 inches in any dimension, or nominal
lift thickness, whichever is less, shall be buried or placed in fills.
E.
No organic or frozen materials shall be placed in fills.
F.
No fill of any kind shall be placed over trees, stumps or other material
which would create a nuisance or be susceptible to attracting rodents,
termites or other pests.
[Ord. 656, 4/9/2015]
1.
A grading permit shall apply to a retaining wall proposed to satisfy
the requirements of this Part. Such retaining wall must comply with
the regulations provided in this Part including, but not limited to,
inspections.
2.
Retaining walls must be constructed in accordance with sound engineering
practice and plans submitted to the Township for review. All plans
submitted shall bear the seal of a professional engineer.
3.
The backfilling of retaining walls and the insertion of below grade
drainage facilities associated with the retaining walls shall strictly
comply with the provisions of this Part and appropriate Township specifications.
[Ord. 656, 4/9/2015]
1.
Purpose. The regulations contained in this section are intended to
promote the public health, safety and welfare by ensuring that watercourses
and wetlands will be preserved in their natural condition so that
they may continue to convey and store water, provide habitat for flora
and fauna, and serve as recreational and aesthetic resources.
2.
Setback or Open Space Easement Required. No grading, cutting, filling,
removal of vegetation, or other disturbance of land shall be permitted
within the required setback.
A.
The minimum setback for watercourses shall be 50 feet, measured from
the top of the channel bank.
B.
The setback for wetlands shall be as follows:
(1)
Determination of Setback Area. Wetlands one acre and over shall
have a fifty-foot setback average depth.
(2)
Distribution of the required setback area shall be either:
(a)
At the uniform setback depth from the delineated edge of the
wetland; or
(b)
At a variable setback depth, based on a wetland management plan
prepared by a certified professional wetlands biologist. In no case,
however, shall the setback be less than: 1) 10 feet from the delineated
edge of a wetland less than one acre in extent; or 2) 20 feet from
the delineated edge of a wetland one acre or more in extent.
3.
Alteration of Drainage. When a proposed grading plan encompasses
or adjoins a watercourse or wetland, the design of the proposed grading
shall not alter site drainage in ways that will reduce the ability
of the watercourse or wetland to support the vegetation and animal
life that characterized the area before grading. Existing wetlands
may be used to control stormwater runoff flows from a grading site,
provided a certified wetlands biologist participates in the design
of the proposed stormwater detention facility, or certifies that the
proposed facility will not adversely affect the wetlands.
[Ord. 656, 4/9/2015]
The developer or the owner of any property on which work has
been done pursuant to a grading permit, or any other person or agent
in control of such property, shall maintain in good condition and
promptly repair or restore all damaged grade surfaces, walls, drains,
dams and structures, plantings, vegetation, erosion and sedimentation
control measures and other protective devices. Such repair, restoration
and maintenance shall be in accordance with the approved plans, specifications
and grading permit as required by this Part.
[Ord. 656, 4/9/2015]
Neither the issuance of a grading permit, nor compliance with
this Part or any conditions imposed by the Code Official, shall relieve
any person from the responsibility for damage to any person or property
otherwise imposed by law, nor impose any liability upon the Township
for damages to any person or property.
[Ord. 656, 4/9/2015]
1.
Any person, firm, or corporation who shall violate any provision
of this Part, or fails to comply therewith, or with any of the requirements
thereof, 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 less than $300 nor more than $1,000
plus costs, including reasonable attorney fees incurred by the Township,
and, in default of payment of said fine and costs, to a term of imprisonment
to the extent permitted by law for the punishment of summary offenses.
A separate offense shall arise for each day or portion thereof in
which a violation of this Part is found to exist and for each section
of this Part found to have been violated. The Township may also commence
appropriate actions in equity or other to prevent, restrain, correct,
enjoin, or abate violations of this Part. All fines and penalties
collected for violations of this Part shall be paid to the Township
Treasurer. The initial determination of ordinance violation is hereby
delegated to the Township Manager, the Police Department, the Code
Official, the authorized designee of the Township Manager, and to
any other officer or agent that the Township Manager or Board of Supervisors
shall deem appropriate.
2.
In addition, the Township, through its Solicitor, may institute injunctive,
mandamus, or any other appropriate action or proceeding at law or
in equity for the enforcement of this Part. Any court of competent
jurisdiction shall have the right to issue restraining orders, temporary
or permanent injunctions, mandamus, or other appropriate forms of
remedy or relief.
[Ord. 656, 4/9/2015]
1.
Any applicant or person aggrieved by a decision of the Code Official and/or the Township or a notice or order issued under this Part shall have the right of appeal to the Township Board of Appeals established by the Construction Code [Chapter 5, Part 1], provided that a written application for an appeal is filed within 10 days after receipt of said decision, notice or order, along with payment of an appeal hearing fee in an amount set from time to time by resolution of the Board of Supervisors. An application for appeal shall be based on a claim that the true intent of this Part or the rules legally adopted hereunder has been incorrectly interpreted, or the provisions of this Part do not fully apply. All appeals before the Township Board of Appeals under this Part shall proceed under the regulations and procedures established in the Construction Code [Chapter 5, Part 1].
2.
All appeals from decisions of the Township Board of Appeals rendered
pursuant to this section shall be taken to the Court of Common Pleas
of Allegheny County and shall be filed within 30 days after entry
of the decision as provided in 42 Pa.C.S.A. § 5572 (relating
to time of entry of order).
