Township of Shaler, PA
Allegheny County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Shaler 7-8-2014 by Ord. No. 1925[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 225.
[1]
Editor's Note: This ordinance also repealed original Ch. 140, Grading, Excavating and Filling, adopted 3-11-1975 by Ord. No. 1353.
The purpose of this chapter is to provide minimum standards to safeguard person and property and 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 used, location and maintenance of grading, excavation and fill.
Wherever used in this chapter, the following words shall have the meanings indicated:
ADMINISTRATOR
The Building Inspector of the Township of Shaler.
APPROVAL
A written engineering or geological opinion concerning the progress and completion of the work.
AS GRADED
The surface conditions exposed on completion of grading.
BEDROCK
The native consolidated rock underlying the surface layers of soil.
BENCH
A relatively level step excavated into earth material, on which fill is to be placed.
BORROW
Earth material acquired from an off-site location for use in grading on a site.
CIVIL ENGINEER
A professional engineer registered in the commonwealth to practice in the field of civil works.
CIVIL ENGINEERING
The application of the knowledge of the forces of nature, principles of mechanics, and the properties of materials to the evaluation, design and construction of civil works for the beneficial uses of mankind.
CLEARING
The cutting or removal of vegetation which results in exposing any bare soil.
COMPACTION
The densification of a fill by mechanical means.
EARTH MATERIAL
Any rock, natural soil or fill, and/or any combination thereof.
ENGINEERING GEOLOGIST
A geologist experienced and knowledgeable in engineering geology and registered as an engineering geologist in the Commonwealth of Pennsylvania.
ENGINEERING GEOLOGY
The application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.
EROSION
The natural process by which the surface of the land is worn away by water, wind or chemical action.
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.
EXISTING GRADE
The grade prior to grading.
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.
FINISH GRADE
The final grade of the site which conforms to the approved plan.
GEOLOGICAL HAZARD
A potential or apparent risk to persons or property because of geological or soil instability, either existing at the time of construction or which would result from construction.
GOVERNING BODY
The Board of Commissioners of the Township of Shaler.
GRADE
The vertical location of the ground surface.
GRADING
Any excavating or filling or combination thereof.
GRADING PERMIT
Any permit required under this chapter.
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, public ways, structures, utilities and storm sewers, including stream pollution.
KEY
A designed compacted fill placed in a trench, excavated in earth material beneath the toe of a proposed fill slope.
PERSON
A natural person, but shall also include a partnership, corporation, trust or association.
PROFESSIONAL
A person (engineer, surveyor or architect) licensed by the Commonwealth of Pennsylvania.
RETAINING WALL
An upright work or structure constructed of block, stone, brick or other material and used to either support retained material or to serve as a facing of a cut slope. A structure erected or constructed for the purpose of restraining the lateral movement of soil, to contain earth or other natural materials, and which does not exceed the height of earth intended to be supported. Unlike a fence or an enclosure wall, only one side of a retaining wall is visible.
RETAINING WALL, ENGINEERED
A professionally engineered structure designed and constructed to retain the earth on one side at a higher elevation than the earth on the other side in such a way that resists the lateral displacement of soil or other materials in order to stabilize slopes and provide usable areas of land at different elevations.
ROUGH GRADE
The stage at which the grade approximately conforms to the approved plan.
SITE
Any lot or parcel of land or contiguous combination thereof under the same ownership where grading is performed or permitted.
SLOPE
An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.
SOIL
The naturally occurring surficial deposits overlying bedrock.
SOIL 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.
SOIL (GEOTECHNICAL) ENGINEERING
The application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.
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 United States Department of Agriculture (USDA) Natural Resources Conservation Services et al. When applicable, "soil survey" shall mean "Soil Survey, Allegheny County, Pennsylvania," when this publication is completed.
SOLID WASTE
Waste, including but not limited to municipal, residual or hazardous waste, including solid, liquid, semisolid or contained gaseous materials, as well as all parts or combinations of ashes, garbage, refuse, radioactive material, combustible demolition materials and industrial wastes, such as food-processing wastes, wood, plastic, metal scrap, etc.
TERRACE
A relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.
TOE
The base or bottom of a slope at a point where the grade changes abruptly to a significantly flatter grade.
An applicant shall apply for a grading permit, and this chapter shall apply to any project which, in total or per phase (if proposed to be completed or has been completed over more than one phase or season of work), where earthwork, excavation (cut) or filling in excess of 10 cubic yards will be completed.
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.
A. 
Grading permits. A grading permit is required and shall be issued for all grading operations with the exception of the following:
(1) 
An excavation below finished grade for basements and footings of a building, retaining wall, or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure.
(2) 
Cemetery graves.
(3) 
Refuse disposal sites controlled by other regulations.
(4) 
Excavations for water wells.
(5) 
Exploratory excavations under the direction of soil (geotechnical) engineers or engineering geologists.
(6) 
An excavation:
(a) 
Which is less than two feet in depth; or
(b) 
Which does not create a cut slope greater than five feet in height and steeper than 1 1/2 horizontal to one vertical.
(7) 
A fill less than one foot in depth and placed on natural terrain with a slope flatter than five horizontal to one vertical, or less than three feet in depth not intended to support structures, which does not obstruct a drainagecourse and which does not exceed 10 cubic yards on any one lot.
(8) 
Installation and repair of private utility service lines.
B. 
All fill-and-cut operations shall be performed in compliance with the Erosion and Sediment Control Handbook for Allegheny County.
C. 
In the event that the cut-and-fill operation affects any natural watercourse under Pennsylvania Department of Environmental Protection's dams and encroachments jurisdiction, by change in direction, cut and fill along the banks, culverts or bridges or construction adjacent to, the applicant must present with his application the permit and the letter of comments from the Department of Environmental Protection, pertaining to dams and encroachments jurisdiction.
D. 
Nothing contained herein shall otherwise exempt the applicant from complying with any other Township permit requirements or notifying any state, federal or local government agency as the law may require.
A. 
Whenever the governing body, upon the recommendation of the administrator, determines that any existing excavation, embankment or fill has become a hazard, as defined in § 140-2, the owner of the property upon which the excavation, embankment or fill is located or other person or agent in control of said property shall be given notice of said determination by the administrator in writing and, upon receipt of said notice 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 governing body 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.
C. 
Whenever the governing body, upon the recommendation of the administrator, determines that any proposed excavation or fill may present a hazard, as defined in § 140-2, the governing body reserves the right to require the applicant to have the proposed work certified by a soils engineer or geologist.
Plans and specifications shall be submitted and shall comply with the following:
A. 
Plans shall be drawn to scale and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this chapter and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the location of the work and the name and address of the owner and the person by whom they were prepared. In addition, any applicable Allegheny County requirements for plan submission shall apply. The plans shall include the following information:
(1) 
General vicinity of the proposed site.
(2) 
Property limits and accurate contours of existing ground and details of terrain and area drainage for the site and surrounding area.
(3) 
Grading setbacks from property lines in accordance with Figure 1 at the end of this chapter.
(4) 
Limiting dimensions, elevations or finish contours to be achieved by the grading, and the proposed drainage channels and related construction.
(5) 
Detailed schedule of when each portion of the site is to be graded; how long the soil is to be exposed; and when the area is to be covered with buildings, paving, new vegetation or temporary erosion control measures.
(6) 
Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains.
(7) 
Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within 15 feet of the property or which may be affected by the proposed grading operations.
(8) 
Specifications shall contain information covering construction and material requirements.
(9) 
Civil engineering report. The civil engineering report, when required by the Township, shall include hydrological calculations of runoff and the existing or required safe storm drainage capacity outlet of channels both on site and off site, and one in one-hundred-year flood elevations for any adjacent watercourse. The report shall include recommendations for stormwater control and disposal.
(10) 
Soil (geotechnical) engineering report. The soil engineering report, when required by the Township, shall include data regarding the nature, distribution and strength of existing soils, design criteria, and conclusions and recommendations applicable to the proposed development. The report shall include recommendation for subdrainage, and for groundwater control and disposal. Recommendations included in the report and approved by the Township shall be incorporated in the plans and specifications. For single-family residences, a surface reconnaissance and stability questionnaire may be substituted for a formal soils report, at the discretion of the Township.
(11) 
Engineering geology report. The engineering geology report, when required by the Township, shall include an adequate description of the geology of the site and conclusions and recommendations regarding the effect of geologic conditions on the proposed development and site(s) to be developed. Recommendations included in the report and approved by the Township shall be incorporated in the grading plans and specifications.
B. 
Issuance. The Township may require that:
(1) 
The amount of the site exposed during any one period of time be limited.
(2) 
Grading work be scheduled to avoid weather periods or avoid critical habitat use periods for areas existing on or adjacent to the development site.
(3) 
Subsequent to the issuance of the grading permit, the Township may require that grading operations and project designs be modified if delays occur which can result in weather-generated problems not considered at the time the permit was issued.
A. 
Before issuance of a grading permit, the applicant shall post a bond issued by a Pennsylvania-approved 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 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 chapter 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.
B. 
Alternate surety for construction of individual residence, in lieu of above, may be as follows:
(1) 
Cash deposit in the amount of $500 for each residence, refundable upon compliance with this chapter or may remain in deposit with the Township to be applied to the next permit.
A. 
General. Unless otherwise recommended in the approved soil engineering and/or engineering geology reports, cuts shall conform to the provisions of this section.
B. 
Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use. Cut slopes shall be no steeper than two horizontal to one vertical.
C. 
Drainage and terracing. Drainage and terracing shall be provided as required by § 140-12.
A. 
General. Unless otherwise recommended in the approved soil engineering report, fills shall conform to the provisions of this section. In the absence of an approved soil engineering report, these provisions may be waived for minor fills not intended to support structures. Such fills shall be subject to review, at the discretion of the Township Code Enforcement Officer and/or its designee of professional engineering services.
B. 
Ground preparation. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials, scarifying to provide a bond with the new fill and, where slopes are steeper than five to one and the height greater than five feet, by benching into competent material or sound bedrock, as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than five to one shall be at least 10 feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. Where fill is to be placed over a cut, the bench under the toe of a fill shall be at least 10 feet wide, but the cut must be made before placing fill and approved by the soils engineer and engineering geologist as a suitable foundation for fill. Unsuitable soil is soil which, in the opinion of the Township Code Enforcement Officer or the civil engineer or the soils engineer or the engineering geologist, is not competent to support either soil or fill, to support structures, or to satisfactorily perform the other functions for which the soil is intended.
C. 
Fill material. Only permitted material free from tree stumps, or detrimental amounts of organic matter, trash, garbage, sod, peat and similar materials shall be used. Rocks larger than six inches in greatest dimension shall not be used unless the method of placement is properly devised, continuously inspected, and approved by the Township. The following shall also apply:
(1) 
Rock sizes greater than six inches in maximum dimension shall be 10 feet or more below grade, measured vertically.
(2) 
Rocks shall be placed so as to assure filling all voids with fines. Topsoil may be used in the top twelve-inch surface layer to aid in planting and landscaping.
D. 
Compaction of fill. All fills shall be compacted to a minimum relative dry density of 90%, as determined in accordance with ASTM Standard D-1557-78. Field density verification shall be determined in accordance with ASTM Standard D-1556-82, or equivalent, and must be submitted for any fill 12 inches or more in depth where such fill may support the foundation for a structure. A higher relative dry density or additional compaction tests, or both, may be required at any time by the Township.
E. 
Fill slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than 2 horizontal to 1 vertical.
F. 
Drainage and terracing. Drainage and terracing shall be provided and the area above fill slopes and the surfaces of terraces shall be graded and paved as required by § 140-12.
A. 
General. The setbacks and other restrictions specified by this section are minimal and may be increased by the Township or by the recommendation of the civil engineer, soils engineer or engineering geologist, if necessary for safety and stability or to prevent damage of adjacent properties from deposition or erosion or to provide access for slope maintenance and drainage.
B. 
Setbacks from property lines. The tops of cuts and toes of fill slopes shall be set back from the outer boundaries of the permit area, including slope right areas and easements, in accordance with Figure 1 at the end of this chapter.
C. 
Setbacks for retaining walls.
(1) 
Retaining walls four feet in height or less. A retaining wall which is not over four feet in height may be placed on a property line, provided the retaining wall is not in a public right-of-way area.
(2) 
Retaining walls higher than four feet in height. A retaining wall which is over four feet in height shall be set back a minimum of five feet from all property lines for each additional four feet in height over four feet. For example, a retaining wall or a terraced retaining wall over four feet in height but not over eight feet in height shall be set back a minimum of five feet from all property lines, and a retaining wall or a terraced retaining wall over eight feet in height but less than 12 feet in height shall be set back a minimum of 10 feet from all property lines.
(3) 
Terraced retaining walls. The height of a terraced retaining wall is cumulative and is equal to the combined height of each wall. There shall be a minimum of five feet between the exposed faces of each wall.
(4) 
Measurement of height. The height of a retaining wall shall be measured from the lowest level of the grade on the exterior side of the wall that faces a street, alley or other property to the top of the wall.
(5) 
Building permit. A building permit is required for all retaining walls over four feet in height, including the cumulative height of all terraced retaining walls over four feet in height.
(6) 
Fences on retaining walls. Where a fence is placed on a retaining wall, the height of the wall is restricted by the above wall requirements, and the height of the fence is restricted by the maximum height for a fence.
(7) 
A waiver to the requirements of this section may be granted by the Township when a proposed retaining wall is necessary to ensure the normal use of the property, i.e., for a sideline driveway.
(8) 
A waiver to the requirements of this section may be granted by the Township when a proposed retaining wall is a joint venture between adjacent property owners and a document satisfactory to the Township is filed with the application for a building permit.
A. 
General. Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall conform to the provisions of this section.
B. 
Terrace. Terraces at least six feet in width shall be established at not more than twenty-foot vertical intervals on all cut or fill slopes to control surface drainage and debris; except that, where only one terrace is required, it shall be at mid-height. For cut or fill slopes greater than 20 feet and up to 40 feet in vertical height, one terrace at approximately mid-height shall be 12 feet in width. Terrace widths and spacing for cut-and-fill slopes greater than four feet in height shall be designed by the civil engineer and approved by the Township. Suitable access shall be provided to permit proper cleaning and maintenance. A single run of swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet (projected) without discharging into a down drain.
C. 
Subsurface drainage.
(1) 
Cut-and-fill slopes shall be provided with subdrainage as necessary for stability. Adequate culverts shall be laid under all fills placed in natural watercourses and along the flow line of any tributary branches in such a manner that the hydraulic characteristics of the stream are not adversely altered. In addition, subdrainage shall be installed if active or potential springs or seeps are covered by the fill. All culverts/subdrainage shall be installed after the suitable subgrade preparation. Design details of culverts/subdrainage shall be shown on each plan and be subject to the approval of the Township and of other government/private agencies as may be required. A subdrain system shall be provided for embedded foundation/retaining walls and floor slabs where groundwater or seepage has a potential to affect the performance of the structure. The plans shall indicate:
(a) 
Subdrainage details with appropriate specifications;
(b) 
Location of footing subdrain/discharge lines; and
(c) 
Method of disposal.
(2) 
In lieu of above, walls/floors may be waterproofed and designed to resist hydrostatic pressure.
D. 
Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainageway or approved stormwater management facility, as approved by the Township and/or other appropriate jurisdiction, as a safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented by installation of nonerosive down drains or other devices. Building pads shall have a drainage gradient of 2% toward approved drainage facilities, unless waived by the Township. Exception: The gradient from the building pad may be 1%, if all of the following conditions exist throughout the permit area:
(1) 
No proposed fills are greater than 10 feet in maximum depth.
(2) 
No proposed finish cut or fill slope faces have a vertical line in excess of 10 feet.
(3) 
No existing slope faces, which have a slope face steeper than 10 horizontal to one vertical, have a vertical height in excess of 10 feet.
E. 
Interceptor drains. Paved interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area above slopes towards the cut and has a drainage path greater than 40 feet, measured horizontally. Interceptor drains shall be paved with a minimum of three inches of concrete or gunite and reinforced. They shall have a minimum depth of 12 inches and a minimum paved width of 30 inches, measured horizontally across the drain. The slope of the drain shall be approved by the Township.
A. 
The permit holder 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 of completion of grading operation.
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 these regulations.
C. 
In 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, which precautions shall be in accordance with sound engineering practice. The results of all soil tests and core borings made relating to the site graded shall be submitted to the administrator.
A. 
General. All grading operations for which a permit is required shall be subject to inspection by the Township. When required by the Township, special inspection of grading operations and special testing shall be performed in accordance with the provisions of § 140-14C.
B. 
Grading designation. All grading in excess of 5,000 cubic yards shall be performed in accordance with the approved grading plan prepared by a civil engineer and shall be designated as "engineered grading." Grading involving less than 5,000 cubic yards may also be designated as "engineered grading" by the Township, if the grading will:
(1) 
Support a building or structure of a permanent nature;
(2) 
Support other engineering works, such as, but not limited to, tanks, towers, machinery, retaining wall and paving;
(3) 
Be deemed a potential hazard under § 140-6. The permittee, with the approval of the Township, may also choose to have the grading performed as "engineered grading." Otherwise, the grading shall be designated as "regular grading."
C. 
Engineered grading requirements.
(1) 
For engineered grading, it shall be the responsibility of the civil engineer who prepares the approved grading plan to incorporate all recommendations from the soil engineering and engineering geology reports into the grading plan. He shall also be responsible for the professional inspection and approval of the grading within his area of technical specialty. This responsibility shall include, but need not be limited to, inspection and approval as to the establishment of line, grade and drainage of the development area. The civil engineer shall act as the coordinating agent in the event that need arises for liaison between the other professionals, the contractor and the Township. The civil engineer shall also be responsible for the preparation of revised plans and the submission of as-graded grading plans upon completion of the work. The grading contractor shall submit in a form prescribed by the Township a statement of compliance to said as-graded plan.
(2) 
Soil engineering and engineering geology reports shall be required as specified in this chapter. During grading, all necessary reports, compaction data, and soil engineering and engineering geology recommendations shall be submitted to the civil engineer and the Township by the soil engineer and the engineering geologist. The soil engineer's area of responsibility shall include, but need not be limited to, the professional inspection and approval concerning the preparation of ground to receive fills, testing for required compaction, stability of all finish slopes, and the design of buttress fills, where required, incorporating data supplied by the engineering geologist.
(3) 
The engineering geologist's area of responsibility shall include, but need not be limited to, professional inspection and approval of the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological matters, and the need for subdrains or other groundwater drainage devices. He shall report the findings to the soil engineer and the civil engineer for engineering analysis.
(4) 
The Township shall inspect the project at the various stages of work requiring approval and at more frequent intervals necessary to determine that adequate control is being exercised by the professional consultants.
D. 
Regular grading requirements. The Township may require inspection and testing by an approved testing agency. The testing agency's responsibility shall include, but need not be limited to, approval concerning the inspection of cleared areas and benches to receive fill and the compaction of fills. When the Township has cause to believe that geological factors may be involved, the grading operation will be required to conform to engineered grading requirements.
E. 
Notification of noncompliance. If in the course of fulfilling its responsibilities under this chapter the civil engineer, the soil engineer, the engineering geologist, or the testing agency finds that the work is not being done in conformity with this chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the Township. Recommendations for corrective measures, if necessary, shall be submitted.
F. 
Transfer of responsibility for approval. If the civil engineer, the soil engineer, the engineering geologist, or the testing agency of record are changed during the course of the work, the work shall be stopped until the replacement has agreed to accept the responsibility within the area of its technical competence for approval upon completion of the work.
A. 
Final reports. Upon completion of the rough grading work and the final completion of the work the Township may require, the following reports and drawings and supplements thereto must be provided:
(1) 
An as-graded grading plan prepared by the civil engineer, including original ground surface elevations, as-graded ground surface elevations, lot drainage patterns, and locations and elevations of all surface and subsurface drainage facilities. The civil engineer shall provide approval that the work was done in accordance with the final approved grading plan.
(2) 
A soil grading report prepared by the soil engineer, including locations and elevations of field density tests, summaries of field and laboratory tests, and other substantiating data and comments on any changes made during grading, and their effect on the recommendations made in the soil engineering investigation report. He shall provide approval as to the adequacy of the site for the intended use.
(3) 
A geological grading report prepared by the engineering geologist, including a final description of the geology of the site, including any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. The civil engineer shall provide approval as to the adequacy of the site for the intended use as affected by geological factors.
B. 
Notification of completion. The permittee or his agent shall notify the Township when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices and all erosion control measures, has been completed in accordance with the final approved grading plan, and the required reports have been submitted.
C. 
Maintenance.
(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 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.
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 if it is not completed within the time indicated on the permit, said completion date not to exceed one year from the date on which the Township receives written notification that work has commenced, provided that the governing body, acting upon the recommendation of the administrator, may, if the permit holder presents satisfactory evidence that unusual difficulties have prevented work from 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.
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 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 or streets or alleys or create hazardous conditions, the administrator shall give due consideration to possible saturation by rains, earth movements, runoffs, 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. Any party aggrieved by the decision of the administrator shall appeal the administrator's decision to the governing body within 30 days of receipt of notice of such decision.
B. 
The governing body shall, within 45 days of the filing of an appeal from the decision of the administrator, consider the alternate methods, standards or materials proposed by the developer when, in the developer's opinion, strict compliance with the provisions of these regulations is unnecessary. Any applicant or permit holder shall have the right to appeal to any court of competent jurisdiction from any decisions of the governing body.
Neither the issuance of a permit under the provisions of this chapter 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 fee in the amount of $5 per acre or each portion thereof will be charged for each grading permit.
Upon written notice of any violation of any of the provisions of this chapter being served by the administrator on any person, such violation shall be discontinued in accordance with said notice. If violation is not discontinued, the administrator shall revoke the grading permit, and the violator shall be subject to fine.
Any person who violates any of the provisions of this chapter shall be subject to a fine of not less than $100 nor more than $1,000 plus the costs of proceedings for each offense, the same to be collected in the name of the Township of Shaler by summary proceeding, and, in default of payment of the fine and costs, such person shall be committed to the Allegheny County Jail for a period not to exceed 90 days. The continuance of any violation of this chapter for each period of 24 hours after notice of the same by the administrator shall be deemed a separate and distinct offense for each twenty-four-hour period. Nothing contained herein shall be deemed to preclude the Township of Shaler to seek other relief or avail itself of any remedy that may be at law or in equity to prevent continuing violation of the terms of this chapter or to restrain or abate such violation.