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.
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.
C. An improvements plan at the same scale as Subsection
B showing and describing all changes to the site, including cuts, fills, structures, paving and utilities. (This may be combined with Subsection
B on simple projects.)
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 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.