[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.
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:
The Building Inspector of the Township of Shaler.
A written engineering or geological opinion concerning the
progress and completion of the work.
The surface conditions exposed on completion of grading.
The native consolidated rock underlying the surface layers
of soil.
A relatively level step excavated into earth material, on
which fill is to be placed.
Earth material acquired from an off-site location for use
in grading on a site.
A professional engineer registered in the commonwealth to
practice in the field of civil works.
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.
The cutting or removal of vegetation which results in exposing
any bare soil.
The densification of a fill by mechanical means.
Any rock, natural soil or fill, and/or any combination thereof.
A geologist experienced and knowledgeable in engineering
geology and registered as an engineering geologist in the Commonwealth
of Pennsylvania.
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.
The natural process by which the surface of the land is worn
away by water, wind or chemical action.
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.
The grade prior to grading.
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.
The final grade of the site which conforms to the approved
plan.
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.
The Board of Commissioners of the Township of Shaler.
The vertical location of the ground surface.
Any excavating or filling or combination thereof.
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.
A designed compacted fill placed in a trench, excavated in
earth material beneath the toe of a proposed fill slope.
A natural person, but shall also include a partnership, corporation,
trust or association.
A person (engineer, surveyor or architect) licensed by the
Commonwealth of Pennsylvania.
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.
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.
The stage at which the grade approximately conforms to the
approved plan.
Any lot or parcel of land or contiguous combination thereof
under the same ownership where grading is performed or permitted.
An inclined ground surface, the inclination of which is expressed
as a ratio of horizontal distance to vertical distance.
The naturally occurring surficial deposits overlying bedrock.
A person registered by the Commonwealth of Pennsylvania as
a professional engineer and who has training and experience in the
branch of soils 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.
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.
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.
A relatively level step constructed in the face of a graded
slope surface for drainage and maintenance purposes.
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.
(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.
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.
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:
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.
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:
(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:
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:
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.
