No person or company or other entity shall commence or perform
any grading, excavation or fill without first having obtained a grading
permit from the Borough. A separate grading permit shall be required
for each development site.
A.
It shall be unlawful for any person, firm or corporation to commence
any earth disturbance activity, pave, fill, strip or change the existing
grade of any land within the Borough without first securing a permit
from the Borough.
B.
It shall be unlawful for any person, firm or corporation to disturb,
modify, block, divert or affect the natural overland or subsurface
flow of stormwater within the Borough without first securing a permit
from the Borough.
C.
It shall be unlawful for any person, firm or corporation to construct,
erect or install any dam, ditch, culvert, drainpipe, bridge or any
other structure or obstruction affecting a watercourse or the drainage
of his or her property or any other property without first securing
a permit.
D.
Notwithstanding the prior provisions of this section, no permit shall
be required hereunder for:
(1)
The conduct of agricultural operations which do not impact a watercourse.
(2)
Any property where all of the following conditions are met:
(a)
The aggregate area disturbed at one time does not exceed 2,000
square feet.
(b)
The grade level is not changed to an extent which substantially
alters the direction or increases the rate of runoff in such area.
(c)
All bare earth is promptly seeded, sodded or otherwise effectively
protected from erosion within three calendar days.
(d)
The project does not affect a watercourse, wetlands or waterway.
A.
Any person, firm or corporation proposing to engage in activity requiring a permit hereunder shall apply for a permit by written application to the Borough designated official, which shall include the applicant's agreement to comply with the regulations in § 179-13 hereof upon issuance of the permit.
B.
The applicant should consult Chapter 340, Zoning, and Chapter 295, Subdivision and Land Development, which regulate the development of land within the Borough. The applicant is encouraged to consult with surrounding municipalities that can be affected by, or can affect, the proposed land development.
C.
A separate application shall be required for each earth disturbance activity on a development site. Three copies of all the documents referred to in § 179-11 hereof shall be submitted with each application, one of which, at the discretion of the Borough designated official, shall be submitted at the applicant's expense to the Montgomery County Conservation District for review and comment.
The application for a permit shall be accompanied by the following:
A.
A written statement defining the purpose of the earth disturbance
activity. An area plan, or plans, describing existing and proposed
features of the area surrounding the site of the work, including topography,
existing vegetation, watercourses, wetlands, man-made features and
other pertinent natural features. This may be in the form of a recent
USGS map with the property and required features location thereon.
B.
A topographical survey, performed within three years of the application
date, of the site at a suitable scale of no less than one inch equals
50 feet and contour interval of no more than two feet, prepared by
a registered surveyor or registered engineer, including also a boundary
line survey, the location and description of vegetative cover, existing
features, wetlands and any other pertinent existing natural or man-made
features, including land, at least 20 feet beyond the property line
of the development site where earth disturbance activity will be performed.
D.
An erosion and sediment control plan, including all information required by Article IV. A written description of soil erosion and sediment control measures (with appropriate plans and specifications), in accordance with standards and specifications of the Pennsylvania Department of Environmental Protection, Montgomery County Conservation District and Borough ordinances, including, without limitation, retention basins or other control measures necessary to limit the rate and volume of stormwater runoff to comply with the requirements hereof.
E.
A time schedule indicating anticipated starting and completion dates of the development sequence, the expected date of completion of construction of each of the measures referred to in Subsection D of this section and the time of exposure of each area prior to the completion of such measures.
F.
If load-bearing fill is proposed, a soils investigation report shall
be submitted which shall consist of test borings, laboratory testings
and engineering analysis to correlate surface and subsurface conditions
with the proposed grading plan. The results of the investigation shall
include data regarding the nature, distribution and supporting ability
of existing soils and rocks on the site and conclusions and recommendations
to ensure stable soil conditions and groundwater control, as applicable.
The Borough may require such supplemental reports and data as is deemed
necessary by the Borough or the Borough designated official.
(1)
Fills toeing out on natural slopes steeper than three horizontal
to one vertical shall not be made unless approved by the Borough Engineer
after receipt of a report by a registered professional engineer or
geologist qualified in soils analysis, certifying that he has investigated
the property and made soil tests and that, in his opinion, such steeper
slopes will safely support the proposed fill. The Borough Engineer
need not approve such fills if there is reason to believe, for example,
due to a report from a similarly qualified registered professional
engineer, that such steeper slopes will not safely support the proposed
fill.
(2)
Natural and/or existing slopes steeper than five horizontal to one
vertical shall be benched or continuously stepped into competent materials,
as determined by the Borough Engineer, prior to placing all classes
of fill.
G.
If import fill is to be placed, such fill shall be "clean fill" as
defined by PADEP, and documentation shall be supplied supporting the
classification as clean fill or regulated fill. If said import fill
is designated other than clean fill, the applicant must describe the
methods used to comply with the fill used as maintained and specified
by PADEP.
Every grading permit shall expire by limitation and become null
and void if the work authorized by such permit has not been commenced
within six months or is not completed within one year from the date
of issue, provided that the Borough designated official may, if the
permit holder presents satisfactory evidence that unusual difficulties
have prevented work being started or completed within the specific
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.
A.
The permit holder is responsible for any on-site or off-site property
damage or personal injury caused by his activity authorized by the
permit.
B.
No person, firm or corporation shall modify, fill, excavate, pave,
grade or regrade land in any manner as to endanger or damage public
or private property or to cause physical damage or personal injury.
All precautions will be taken to prevent any damage to adjoining streets,
sidewalks, buildings, structures and other on-site or off-site property
which could be caused by settling, cracking, erosion or sediment.
C.
No person, firm or corporation shall fail to adequately maintain
in good operating order any drainage facility on its premises. All
watercourses, drainage ditches, culverts, drainpipes and drainage
structures shall be kept open and free flowing at all times.
D.
No person, firm or corporation shall deposit or place any debris
or other material in any watercourses, drainage ditch or structure
in such a manner as to obstruct free flow unless specifically intended
to reduce erosion and approved by the Montgomery County Conservation
District and proper permits from the Pennsylvania DEP, if required,
are obtained.
E.
The owner of any property on which any work has been done pursuant
to a permit granted under this chapter shall continually maintain
and repair all graded surfaces and antierosion devices, such as retaining
walls, drainage structures or means, plantings and ground cover, installed
or completed. Each permit holder shall advise transferees of property
covered by a permit, in writing, of the requirements of this section
prior to entry of a binding agreement of sale for such property.
F.
All graded surfaces upon which grading activity is completed shall
be seeded, sodded, planted or otherwise protected from erosion within
three days of the initial groundbreaking, weather permitting, and
shall be watered, tended and maintained until growth is well established.
G.
Precautions shall be taken to prevent the unnecessary removal of
trees and provide for their protection by suitable tree wells, as
determined by the Borough designated official.
H.
When required, adequate provisions shall be made of dust control
measures as determined by the Borough designated official.
I.
All plans and specifications accompanying applications for permits
shall include provisions for both temporary and permanent erosion
and sediment control.
J.
The design, installation and maintenance of erosion and sediment
control measures shall be accomplished in accordance with standards
and specifications established by this chapter and the Pennsylvania
Department of Environmental Protection and the Montgomery County Conservation
District.
K.
Wherever load-bearing fill matter is to be used, each layer of compacted
fill shall be tested to determine its dry density per ASTM D 1556.
The density of such layer shall be not less than 95% of maximum dry
density as determined by ASTM D 1557.
L.
Inspections shall be conducted according to procedures established
by the Borough Engineer.
M.
Compaction test reports shall be kept on file at the site and be
subject to review at all times by the Borough designated officer.
A fee, in an amount as established from time to time by resolution, is required upon initial submission of an application. The cost of all inspections (other than the initial inspection and the final inspection) will be billed to the applicant as inspections are completed at a rate, in an amount as established from time to time by resolution, per inspection. Payments shall be made within 30 days, and no occupancy permit will be issued until all payments have been made. If the applicant has paid a fee under another Borough ordinance which is applicable to the requirements of this chapter, such as Chapter 295, Subdivision and Land Development, the Borough may waive any or all of the fees under this chapter as it determines to be equitable. Additionally, the applicant shall be responsible for all legal fees for review of the plan, agreement and/or easement, as well as for any legal services rendered with respect to a plan, the review of the same, including interpretation, enforcement or legal services and any related legal costs concerning the imposition, execution and enforcement of the plan, agreement or any easements arising therefrom. The applicant shall also be responsible for all fees and costs with respect to any consultant engaged by the municipality. The applicant shall also be responsible for additional work required to monitor and enforce any provisions of this chapter, correct violations and assure proper completion of stipulated remedial action.
A.
The Borough designed official, before issuing a permit for a project, may require a cash bond or corporation surety bond in a form satisfactory to the Borough conditioned upon the faithful performance of the control measures and other conditions specified in the permit within the time specified, or within any extension thereof granted by the Borough in the amount of the total estimated cost of all control measures and safeguards for adjoining properties plus 15% for inspection, engineering, legal and contingencies. Said bond may be combined with a bond filed under Chapter 295, Subdivision and Land Development. Each bond shall be maintained and renewed annually and shall be executed by a surety or guaranty company qualified to transact business in the state.
B.
The borough reserves the right given to it by the Pennsylvania Municipalities
Planning Code to have the developer increase the amount of the financial
security established hereunder at any time that, in the sole opinion
of the Borough, the funds remaining in the account are insufficient
either to complete the improvements required or to provide the maintenance
bond necessary under the Pennsylvania Municipalities Planning Code
or any Borough ordinances, either as a result of requirements required
by the Borough Engineer and which may be legally imposed on developer
by the Borough, interruptions in construction, inflationary increases
in costs, remedial action that is necessary by the developer or any
other foreseen or unforeseen factor that may arise at any time in
the completion of said improvements. Any such request to increase
the amount of the financial security shall be made, in writing, by
Borough to developer after the approval by the Borough at a regular
meeting of the Borough, and said written request, in the event that
the developer fails to post the additional security in the time period
provided herein, and failure shall be tantamount to a failure to complete,
and the Borough shall be entitled to all remedies provided by law,
including all remedies set forth in Borough ordinances.
