A. All erosion and sedimentation control measures shall be installed in accordance with the approved E&S plan prior to any earthmoving and/or stripping activities.

B. No excavation or fill shall be made with a slope steeper than 4 horizontal to 1 vertical, except under the following conditions:

1. The material is sufficiently stable to sustain a steeper slope. A sealed, written statement to that effect from an engineer licensed in the Commonwealth of Pennsylvania shall be submitted to the Township. The statement shall affirm that the site has been inspected and the deviation from the slope restriction shall not result in injury to persons or damage to property. A detail of the treatment of the slope (proposed grade, seeding, erosion protection, etc.) shall be submitted with the application.

2. A concrete, masonry, or other approved retaining wall is designed and constructed in accordance with acceptable engineering practice to support the slope of the excavation or fill. Design plans bearing the signature and seal of the responsible licensed professional engineer or architect shall be submitted for Township records.

C. Edges of slopes shall be a minimum of five (5) feet from property lines, ultimate/future right-of-way lines of streets, and easements to permit the normal rounding of the edge without encroachment on the abutting property, right-of-way, or easement.

D. All lots, tracts, or parcels shall be graded at a minimum slope of two (2) percent to provide positive drainage away from buildings.

E. Stormwater shall not pond, except where (detention basins, swales, etc.) proposed in accordance with the stormwater management plan for the site.

F. In no case shall grading be completed in such a manner as to divert water onto adjacent property unless part of a stormwater management plan and an easement is obtained from the property owner.

G. Each person, corporation, or other entity that makes any surface changes to the site shall be required to collect on-site surface runoff and control it to a point of discharge into the drainage area watercourse, stormwater easement, or storm sewer system.

H. No grading equipment shall be permitted to be loaded, unloaded, or stored on a public street. No grading equipment shall be permitted to travel on or across a public street unless licensed for operation on public thoroughfares.

I. The construction of underground utility lines involving installation, maintenance or repair that disturbs more than 1,000 square feet shall be subject to the following criteria:

1. No more than 500 feet of trench is to be opened at one time.

2. Where consistent with safety and space considerations, excavated material is to be placed on the uphill side of trenches.

3.Trench dewatering devices shall discharge in a manner that will not adversely affect flowing streams, drainage systems or off-site property.

J. Before granting final occupancy permits for buildings, building lots shall be finish graded and stabilized with permanent groundcover. A temporary occupancy permit may be issued by the Township if it is not possible to establish lawns due to the season of the year. Prior to issuance of the temporary occupancy permit, Township may require extra mulching, installation of silt barriers, and/or construction of temporary sedimentation basins to control excess runoff, in addition to escrow to secure establishment of ground cover.

K. First Floor Certifications. Construction of any structure requiring a Grading Plan under this Ordinance shall not continue past the foundation stage until the owner/builder has submitted certification that the first floor and garage floor elevations of the proposed structure conform to the Plans submitted with the Grading Permit Application. The certification shall be submitted to the Township and shall be signed and sealed by the responsible Registered Professional Land Surveyor, Landscape Architect, or Engineer, licensed in the Commonwealth of Pennsylvania.

A. All plans prepared in conjunction with a Grading Permit Application shall conform to the approved subdivision and/or land development plan for the site (where applicable).

B. Plans prepared in conjunction with an application for a Grading Permit shall be referred by the Township to the Township Engineer for review.

A. The Township Engineer shall make inspections as hereinafter required to verify compliance with the approved Grading Plan and Erosion and Sedimentation Control Plan. All plans, reports, and schedules required by and approved under this Ordinance shall be maintained by the applicant at the site during the progress of the work.

1. To obtain inspections, the Permittee shall notify the Township Engineer at least two (2) working days before completion of the following:

a. Stripping and clearing.

b. Rough grading.

c. Final grading.

d. Final landscaping.

2. Prior to commencing stripping, clearing and/or grading, the Permittee shall cause the area where stripping, clearing and grading is proposed to be staked out so the disturbed area conforms with the approved grading plan. In the event the staked out area is larger nr in asi ihstantially different location from the area depicted on the grading plan, the Permittee, prior to the commencement of stripping, clearing or grading, shall file an amended application in accordance with the procedures set forth herein for the grading area which is in fact proposed. The Permittee shall not strip, clear or grade any area not designated on the grading plan approved by the Township.

B. A final inspection shall be conducted by the Township Engineer to certify compliance with this Ordinance. Satisfactory compliance with this Ordinance shall be necessary before issuance of a Use and Occupancy Permit.

C. Costs of inspections required or permitted hereunder shall be paid from fees collected by the Township in accordance with the established schedule of fees.

The Permittee shall not be relieved of responsibility for damage to persons or property otherwise imposed by law, and the Township or its officials will not be made liable for this damage, by:

A. The issuance of a Grading Permit in accordance with this Ordinance or other applicable laws;

B. Compliance with the provisions of a Permit or with conditions attached to it;

C. Failure of Township officials to observe or recognize hazardous or unsightly conditions;

D. Failure of Township officials to deny or to recommend denial of a Permit; or E. Exceptions from the requirements of this Ordinance.

Every Grading Permit issued hereunder shall expire at the end of six (6) months from the date of issuance if work has not commenced. Where work has commenced within six (6) months of permit issuance, the Grading Permit shall remain valid for two (2) years from the date of issuance. The Permittee may, within thirty (30) days prior to expiration of the Grading Permit, request an extension in writing to the Township, setting forth therein the reasons for the requested extension. If, at the discretion of the Township, an extension is warranted, the Township may grant additional time for completion of work.

A. Amendments of the Grading Plan shall be submitted to the Township and shall be processed and approved or disapproved in the same manner as the original plans. Field modifications of a minor nature may be authorized by the Township Engineer.

B. Where the Township Engineer determines that storm damage may result from grading at a site where work is authorized by a Grading Permit, work may be ordered by the Township to be stopped and the Permittee required to install temporary structures or take such other measures as may be necessary to protect adjoining property or public safety.

C. On a site with earth disturbance of at least one (1) acre or where unusual site conditions prevail, and on all stream crossing projects, the Township Engineer may specify the time of start of grading and time of completion or may require that the operations be conducted in specific stages to ensure completion of protective measures prior to the advent of seasonal rains.

A. Penalties. Any person, firm or corporation who shall violate any provision of this Ordinance shall be issued a Summons and fined Fifty Dollars ($50.00) for the first offense, and One Hundred and Fifty Dollars ($150.00) for each offense thereafter. If said fine is not paid and the project is not brought within compliance with the issued Summons within ten (10) days after the issuance of the Summons, then, upon issuance of a Formal Notice of Violation and conviction thereof, the person, firm or corporation violating any provision of this Ordinance shall be sentenced to pay a fine of not more than One Thousand Dollars ($1,000.00), nor less than Five Hundred Dollars ($500.00), plus all court costs, including reasonable attorneys fees incurred as a result of the prosecution, and in default of payment, to undergo imprisonment for a term not exceeding 30 days. Each day that a violation of this Ordinance continues, shall constitute a separate offense.

B. Remedy for Violation. In addition to the penalties as set forth in Subsection A. above, any property subjected to earthmoving or stripping activities performed in violation of this Ordinance shall be restored to its previous condition, including replacement of excavated earth, removal of illegally placed fill, and restoration of grades and planting. In order to enforce this Section, the Township Solicitor may seek injunctive relief in accordance with the rules of civil procedure and the Pennsylvania MPC.

C. Revocation or Suspension of Permit. Any permit issued under this Ordinance, including those issued through approval of subdivision and land development plans, may be revoked or suspended by the Board of Supervisors, after notice to the Permittee for:

1. Failure to carry out the erosion and sedimentation control measures described in the Application and/or accompanying plans at the times specified in the Erosion and Sedimentation Control Plan's construction schedule or within any extension that may be granted by the Township.

2. Violation of any other condition of the Grading Permit.

3. Failure to carry out the erosion and sedimentation control measures described in the application and/or accompanying plans in a reasonable workmanlike manner.

4. Violation of any provision of this Ordinance or any other applicable law, ordinance, rule, nr regulation relating to the earthmoving and/or stripping activities.

5. The existence of any condition or the doing of any acts constituting or creating a nuisance, hazard or endangering human life or the property of others, including, without limitation, the discharge of sediments from the site or the failure of the control to prevent accelerated erosion or waterborne sediment from leaving the site of construction.

D. Nonconforming Work. If at any stage of construction, the earthmoving and/or stripping activities do not conform to the Grading Permit; to the attached conditions; to the accompanying plans and specification, including modifications thereof; or for any violation of this Ordinance, a written Notice to Comply shall be given to the Permittee. Such notice shall set forth the nature of corrections required and the time within which corrections shall be made.

1. Upon failure to comply within the time specified, the Permittee shall be in violation of this Ordinance and shall be subject to the following penalties and sanctions:

a. The revocation of any zoning building permit issued to the offending Permittee pursuant to the Grading Permit and accompanying plans.

b. A prohibition on the issuance of any further zoning building permits.

c. The financial security, if ally, shall be forfeited and penalties shall be imposed under Subsection A. above.

2.The above-referenced sanctions shall be specified in the Notice to Comply provided above. Any and all remedies are cumulative, and the exercise of one shall not prohibit the exercise of any other remedies contained in either this Subsection, this Ordinance, or other applicable ordinances.

3. In the case of any paving, filling, stripping, grading or regarding; any disturbing, modifying, blocking or diverting the natural overland subsurface flow of stormwater; or any construction, erection and installation of any dam, ditch, culvert, drainpipe, bridge or any other structure or obstruction affecting the drainage of any parcel in violation of this Ordinance or any regulations made pursuant thereto, the proper Township authorities, in addition to other remedies provided by law, may institute any appropriate action or proceedings to prevent such unlawful activity; to restrain, correct or abate such violation; to prevent the use of the applicable premises; or to prevent any illegal act, conduct, business or use in or about such premises. In addition, upon the failure of any Permittee to complete the control measures specified in the Application, the Township may, after revoking such permit, proceed to complete such measures itself and recover the cost thereof from the Permittee or its surety.

If compliance with this Ordinance imposes severe hardship upon the applicant (i.e., the applicant cannot develop the property as zoned), the applicant may apply to the Township for relief, which if granted, shall be the minimum necessary to permit reasonable use of the site. The Board of Supervisors may, in accordance with the following procedures, authorize exceptions to any of the requirements and regulations set forth in Ordinance:

Application for any exception shall be made by written request of the applicant, stating fully the grounds of the request and facts relied upon the applicant. The written request shall be filed with the Grading Permit Application.

All Ordinances or parts of Ordinances which are inconsistent herewith are hereby repealed.

If any sentence, clause, section or part of this Ordinance is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or part of this Ordinance. It is hereby declared as the intent of the Board of Supervisors of Solebury Township, that this Ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included therein.

The effective date of this Ordinance shall be Jan. 25, 2009.

Enacted and ordained into an Ordinance this 20 day of Jan., 2009.