[HISTORY: Adopted by the Township Council of the Township
of O'Hara 8-9-2011 by Ord. No.
1242. Amendments noted where applicable.]
A.
Title. This chapter shall be known and may be cited as "The Township
of O'Hara Grading Ordinance."
B.
Purpose. The purpose of this chapter 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.
Wherever used in this chapter, the following words shall have
the meanings indicated:
The person qualified and officially appointed by the governing
body to implement this chapter.
Natural in situ rock layer, hard or soft, in place at ground
surface or beneath surficial deposits.
A person licensed by the Commonwealth of Pennsylvania to
practice engineering and who is knowledgeable in the branch of civil
engineering.
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.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity, including such processes as gravitational
creep.
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced,
relocated or bulldozed and shall include the conditions resulting
therefrom.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, pushed, dumped, pulled, transported or moved
to a new location and shall include the condition resulting.
The Council of the Township of O'Hara.
Excavation, fill or any combination thereof that results
in a change in topography that affects stormwater and shall include
the conditions resulting from any excavation, fill or change in topography
that affects stormwater.
Any permit required under this chapter.
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.
An individual, but shall also include a partnership, corporation,
trust or association.
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.
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.
A person registered by the Commonwealth of Pennsylvania as
a professional engineer and who has training and experience in the
branch of soils engineering.
All parts or combinations of ashes, garbage, refuse, radioactive
material, combustible demolition materials and industrial wastes such
as flue gas solids, food-processing wastes, wood, plastic, metal scrap,
etc.
A.
A grading permit must be obtained from the administrator for new
grading, excavations and fills; changes, additions or alterations
made to existing excavation or fills shall conform to the provisions
of this chapter. A separate grading permit shall be required for each
site or phase of a total project.
B.
For a project which is to be completed in more than one phase, the
applicant must first apply for and obtain a permit for the entire
project. The issued permit shall permit the applicant to proceed with
work on the first phase of the project, but for each subsequent development
phase of the project the applicant must apply for and receive an additional
permit. One permit may cover the grading, excavation, and any fills
made on the same site, project or phase of a project.
A.
Whenever the administrator determines that any existing excavation, embankment or fill has become a hazard as defined in § 242-2, 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.
B.
If, after such notification, the property owner has not made the
necessary repairs within the time adopted, then the Township may direct
that the required repairs shall be made. Upon failure of the property
owner to make the requested repairs, the Township may make said repairs
or contract to have the repairs done and collect the cost of same,
together with 10% of said cost. The Township may file a municipal
claim against the premises to recover said cost plus 10% or bring
an action in assumpsit. The Township may also, in addition to any
of the above, file a bill in equity to enforce these provisions, enjoin
any action or to recover any expenses incurred by the Township.
A.
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:
(1)
Describe the land on which the proposed work is to be done by lot,
block, tract or street address or similar description which will readily
identify and definitely locate the proposed work.
(2)
Be accompanied by plans and specifications prepared, signed and sealed
by a professional engineer, surveyor or architect giving a reasonable
representation 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 hazard or potential nuisance to adjacent
property 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 schedules,
debris basins, diversion channels; nature of fill material and such
other information as the administrator may need to carry out the purposes
of this chapter. All plans shall be dated and bear a) the name and
seal of the professional engineer who prepared the same; b) the name
of the applicant; and c) the owner of the land. Plans shall be submitted
in triplicate, one set of which shall be of reproducible nature.
(3)
State the estimated dates for the starting and completion of grading
work.
(4)
State the purpose for which the grading application is filed.
B.
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 engineer-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.
C.
To be adequate, a geological report may include a detailed description
of the geological conditions of the site and 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.
D.
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
chapter for issuing a grading permit.
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 performance of said
work and facilities in a satisfactory manner and meeting the requirements
of this chapter. 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.
Every grading permit shall expire 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.
Grading projects which are planned to have a life in excess of three
years shall be developed and proposed in complete phases that do not
exceed three years' duration. 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.
A.
When the requirements of this chapter 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, drainage facility,
bridge, 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 any of the preceding, or create hazardous
conditions, the administrator shall give due consideration to possible
saturation by rains, earth movements, runoff surface waters and subsurface
conditions, such as the stratification and faulting of rock, aquifers,
springs and the nature and type of the soil or rock.
B.
Within 15 days of the denial of a permit or the issuance of a permit
imposing conditions upon the applicant, the applicant may appeal to
the governing body, in writing, stating the reasons upon which the
appeal is based. Within 15 days of receiving the appeal, the President
of the governing body shall set the time and place for hearing on
the appeal and shall so notify the applicant in writing. The hearing
shall take place within 30 days from the date of receiving the appeal.
Within 15 days after the hearing of the appeal, the decision of the
governing body must be communicated to the applicant in writing and
shall set forth findings of fact and the reasons for its adjudication.
The appeal need not be heard by all members of the governing body,
but may be heard by no less than three members as are appointed by
the President of the governing body to hear said appeal. The appeal
procedure set forth herein in no way affects or limits any other legal
right or remedy that the applicant or permit holder shall have.
A.
The permit holder or their 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 their office at
least two working days before start or completion of grading operations.
B.
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 this chapter.
C.
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.
A.
Maximum slope steepness of a cut shall 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 cannot exceed the maximum slope of
the existing stable condition.
B.
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:
(1)
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 essentially
nonexistent, must be submitted to the administrator.
(2)
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 at least
10 feet from adjacent property lines or street right-of-way lines
in order to permit the normal smoothing 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, shall be followed. One or a combination
of guidelines should be used to minimize hazard, depending on site
conditions and proposed grading.
A.
No fill shall be placed over trees, stumps or any other material
which could decompose and create a hazard. Instead, such materials
may be buried in natural ground, and not within the vertical limits
of a slope, where no structures will be built or hazard created. Limbs
can be chipped and mixed with the topsoil.
B.
All fills shall be compacted to provide stability of fill material
and to prevent undesirable settlement or slippage.
C.
Clean soil or earth shall 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.
D.
The top or bottom edge of slopes should generally be set back at
least 10 feet from adjacent property lines or street right-of-way
lines in order to permit the normal smoothing of the edge without
encroaching on the abutting property or street.
E.
Guidelines for fills in the Erosion and Sediment Control Handbook
for Allegheny County, Pennsylvania, shall be followed. One or a combination
of guidelines shall be used to minimize hazard, depending on site
conditions and proposed grading.
Guidelines for minimizing erosion and sedimentation in the provisions
of the Pennsylvania Department of Environmental Protection Chapter
102[1] issued under Sections 5 and 402 of the Clean Streams Law[2] shall be followed unless otherwise noted. 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 Clean Streams Law if proposed
grading will not constitute a hazard. Governmental and/or engineering
reports shall be used as evidence that proposed grading will not constitute
a hazard.
A.
RETAINING WALL
Definition.
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 chapter, and which is more than
four feet in height as measured on the exposed vertical surface of
the wall.
B.
If a retaining wall is constructed to satisfy a requirement of this chapter and § 455-13.92 of Chapter 455, Zoning, 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.
C.
Retaining walls must be constructed in accordance with sound engineering
practice. The plans submitted for approval shall bear the seal of
a professional engineer.
D.
The backfilling of retaining walls and the insertion of subsurface
drainage facilities shall be done strictly in accordance with the
provisions of this chapter and the appropriate municipal specifications.
E.
In general, where a wall is replacing an exposed slope, the vertical
face of the wall shall be 10 feet back from the adjoining property.
(1)
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.
(2)
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.
B.
To prevent damage, grading plans should follow 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 runoff resulting from the maximum
consequences of a fifty-year storm.
A.
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.
B.
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 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 to do so in a reasonable period of time.
Neither the issuance of a permit under the provisions of this
article, nor the compliance with the provisions hereto 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.
A.
No person shall construct, enlarge, alter, repair or maintain any
grading, excavation or fill or cause the same to be done contrary
to or in violation of any provision of this chapter.
B.
When written notice of any of the provisions of this chapter 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.
C.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. Whenever such person
shall have been notified by the administrator by service of summons
in a prosecution or in any other way that they are committing such
violation of this chapter, each day that they shall continue such
violation after such notification shall constitute a separate offense,
and each section of this chapter that is violated shall also constitute
a separate offense. Such fines or penalties shall be collected as
like fines or penalties are now by law collected.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
In order to defray a part of the cost incurred by the Township in
reviewing plans and inspecting the grading site(s), filing fees as
stated in the Township Fees Resolution, as may hereinafter be amended,
shall accompany the filing of the grading plan or any request for
a permit to do any matter covered by this chapter.
B.
The applicant shall at the time of filing the plan or request deposit
with the Township Manager a sum sufficient to cover and pay all fees
and cost incurred by the Township for filing and inspection.
C.
In the event that the sum deposited by the applicant is in excess
of the fees and cost incurred by the Township, the excess sum will
be returned to the applicant. If the sum deposited is inadequate,
the applicant shall be required to deposit an additional amount to
make up the deficit.
In case any work is performed by any person in violation of
any of the provisions of this chapter, the proper officer of the Township
of O'Hara, 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.
