[Ord. 3-2005, -/-/2005]
As used in this Part, the following terms shall have the meanings indicated:
EXCAVATION
Any act by which natural materials are dug into, cut, quarried, uncovered, removed, displaced, relocated, or bulldozed, as well as the conditions resulting there from.
FILL
Any act, by which natural materials are placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface, as well as the conditions resulting there from.
FILLING
Includes the placing of any soil, earth, sand, rock, gravel or other similar substance on the ground.
GRADE
A slope of a street or parcel of land specified in percent and shown on plans as specified herein.
GRADING
Shall include any operation involving either excavation and/or filling.
GROUND
Includes but shall not be limited to, land both above and below mean high water line of the banks and beds of any river.
[Ord. 3-2005, -/-/2005]
1. 
No excavation, grading or filling shall be commenced in the Borough, except as hereinafter provided, and then only in full compliance with the requirements, standards and conditions contained herein.
2. 
The provisions of this Part shall not be construed as permitting the applicant to carry on any commercial operation or business, or use any premises or buildings or structures thereon for any purpose not permitted by any other provisions of this Part or the Borough of Conshohocken Zoning Ordinance [Chapter 27].
3. 
For the purpose of this Section, an excavation shall not be considered a commercial operation or business if the excavation is incidental to and necessary for the establishment or operation of a use permitted in the applicable zoning district.
4. 
The provisions of this Part shall apply to all excavations, grading or drilling operations which are being worked at the time this Part goes into effect as provided and except that any existing operation shall be completed within two months from the effective date of this Part; provided, that written notice of intention to continue such operation for said time is filed with the Building Code Department within 30 days after the effective date of this Part. No existing operation shall be extended in area or any new operation commenced after such date without first securing a permit therefore as hereinafter provided, and such operation shall be subject to all of the provisions of this Part.
[Ord. 3-2005, -/-/2005]
The Conshohocken Borough Council requires permits except as provided in § 9-104 hereof; a permit shall be required for every excavation, grading or filling as defined herein exceeding 10 cubic yards, and no such work shall be done unless the natural person, partnership or corporation owning the land upon which the work is being performed, or his/her authorized agent, shall have obtained such a permit. The owner of the land shall be responsible for compliance with this Part, and in addition to the person actually performing the work, may be prosecuted for any violation hereof.
[Ord. 3-2005, -/-/2005]
Conshohocken Borough will allow exceptions in obtaining permits for the following classes of excavation, grading or filling operations:
A. 
Building Permit: under provisions of a duly issued building permit, provided no grade or elevation is altered more than one foot and the area is graded or covered by vegetation or other suitable cover at the time an occupancy permit is issued.
B. 
Excavation for Streets and Drains: necessary grading, removal or excavation of topsoil, or other materials shall be permitted within the limits of the right-of-way or slope rights of any existing street, or for the purpose of constructing streets and other related improvements within the area of new subdivisions when made in accordance with subdivision plans as approved by the Building Code Department, which subdivision plans shall establish the elevations and grades of said streets and/or the location of said improvements, and for which a street construction permit or a drain connection permit has been issued.
C. 
Other Construction Work: construction work relating to drains utilities, or sanitary sewage systems for which a street opening and/or other necessary permit has been issued by the Borough Council.
D. 
Residential Off-Street Parking Spaces: Off-Street parking spaces at residential dwellings as described and following procedures set forth in and of the Conshohocken Zoning Ordinance, as amended [Chapter 27].
[Ord. 3-2005, -/-/2005]
Conshohocken Borough prohibits excavation, grading and/or filling if it would interfere with the natural drainage of the general area surrounding the site. All existing watercourses, even where no permit is required as provided in § 9-104 hereof, shall be preserved, except that such watercourses may be relocated or piped; provided that there will not thereby be created any interference with the riparian and drainage rights or easements of other property owners; and, provided, further, that no drainage shall be made into public land or connected with public facilities without the express approval of the Borough Council.
[Ord. 3-2005, -/-/2005]
The Conshohocken Borough Council requires the application procedure for such permits shall be made by the property owner or his/her authorized agent, and shall be made to the Building Code Department, on forms provided by the Borough. An application form in duplicate shall be accompanied by a detailed statement of the proposed work and the purpose thereof and why the excavation, grading and/or filling is clearly incidental to the improvement of the property. An application shall be accompanied by the following:
A. 
Two sets of maps and plans with specifications showing proposed excavation, grading or filling. Such plans shall be prepared by and shall bear the seal of a licensed engineer except, when engineering design for excavation or construction is unnecessary to assure compliance with the standards established by this regulation, in which event such plans may be prepared by a licensed surveyor. All such plans shall be drawn to a scale of not less than one inch equals 100 feet and shall show the following:
(1) 
Full name and address of owner of property.
(2) 
Description of property by street address and tax assessor designation.
(3) 
The location of the premises and its geographic relation to neighboring properties, showing all buildings and roads within 100 feet of the boundaries of the plot on which the excavation, grading or filling is proposed.
(4) 
The portion of the property that is to be excavated graded or filled with excavated material.
(5) 
The estimated maximum quantity of material to be excavated, graded or filled, and the estimated part thereof that will be used for grading or filling.
(6) 
When available, the location and depth of any well situated within 50 feet of the proposed excavation and/or filling.
(7) 
When available, the location of any sewerage disposal system or underground utility line, any part of which is within 50 feet of the proposed excavation, grading or filling area and the location of any gas transmission pipe line operated at a maximum service pressure in excess of 200 psig, any part of which is within 100 feet of the proposed excavation, grading or filling area.
(8) 
Existing topography of the premises at a contour interval of not more than two feet and the proposed final contours of existing and final elevations at intervals of not more than two feet.
(9) 
The location and present status of any previously permitted excavation operations on the property.
(10) 
The details of any drainage system proposed to be installed and maintained by the applicant designed to provide for proper surface drainage of the land, both during the performance of the work applied for and after the completion thereof.
(11) 
Storm drains shall be adequate for the anticipated run-off when the area is fully developed as permitted by zoning. The rainfall frequency shall be 10 years, provided that frequencies of 15 or 25 years may be required in extremely low-lying areas. Approval of PA DEP or its successor of the Commonwealth of Pennsylvania is required when the area drained upstream of the point under consideration exceeds an area of 1/2 square mile.
(12) 
Details of soil preparation and re-vegetation or of other methods of soil erosion control.
(13) 
Proposed truck and equipment access ways to the work site.
(14) 
A statement from the property owner or his/her agent assuming full responsibility for the performance of the operation as stated in the application. This statement shall also contain as assurance that all Borough property and/or Borough roads will be protected adequately.
(15) 
A statement on the plans that the property owner is responsible for calling the Pennsylvania One Call System at 1-800-1776 prior to performing any excavation work.
B. 
For excavations, grading or filling of more than 500 cubic yards of material, a performance bond in form and with surety approved by the Borough Council in such amount it shall deem sufficient to insure completion of all work following excavation, grading or filling pursuant to the conditions of approval; provided that the Borough may accept and hold a certified or bank officer's check payable to the Borough of Conshohocken in the same amount in lieu of such bond.
C. 
A fee to cover the cost of permit and inspection based on a rate as established from time to time by resolution of Borough Council.
[Ord. 3-2005, -/-/2005]
Upon receipt of the application and plan, Borough Engineer shall establish the amount of the performance bond, if any, and if the application and plan comply with the standards contained in this Part, the permit in accordance therewith. In acting on such an application and plan, the Borough Engineer shall be guided by and shall take into consideration the public health, safety and general welfare and particular consideration shall be given as to whether the plan will create any of the following conditions:
A. 
Interfere with surface water flow and drainage.
B. 
Interfere with lateral supports and slopes.
C. 
Cause erosion, alteration of the natural topography and grade of land, depletion of natural deposits of topsoil and other natural materials, disturbance of the plant and wildlife, creation of nuisances and dangerous open pits, creation of stagnant water pools.
D. 
The Borough Engineer may impose such conditions or requirements upon the issuance of a permit, as it deems necessary or proper to assure faithful compliance with this Part.
[Ord. 3-2005, -/-/2005]
1. 
A permit issued under this Section shall expire 180 days from the date of issuance, except that the Building Code Department may, for due cause shown, extend any permit for not more than six months after complete review of all plans and examination of work accomplished and purposed; provided, application is made at least 30 days prior to the expiration date of such permit. In no case shall a permit be extended if the provisions of this regulation have not been complied with; provided, however, that in connection with continuing operations, the Building Code Department may waive for six months, those requirements which would make continuing operations impractical.
2. 
Approval of plans and specifications for excavation shall be based upon the following standards:
A. 
In residence districts, no excavation, grading or filling shall be permitted within 20 feet of an existing or approved street property line except to conform to approximate street grade.
B. 
In residence districts, finished slopes of an excavation shall not exceed 1:2 1/2 (vertical to horizontal) in undisturbed earth, 1:3 in earth fill, and 4:1 in rock cut, whether or not the ground surface will be below water.
C. 
In business districts, the same standards shall apply, except that vertical slopes shall be permitted if adequate retaining walls and protective fences are provided when needed. All retaining walls should be subject to review by the Borough Engineer and applicant will be responsible for posting an escrow for its review and inspection. The fee for this escrow will be established by the Borough Engineer depending on the length and height of the wall.
D. 
Truck and equipment access ways to the site of the operation shall be located so as to minimize danger to traffic and nuisance to surrounding properties. Such access shall be kept either wet or oiled or treated with chemical dust deterrents, or paved, to the extent necessary to prevent any dust nuisance to surrounding properties. All such access ways shall be clearly marked with signs and shall be posted approximately 200 feet distance from such access ways or other traveled areas. Such signs shall read "Caution, Trucks Entering," and be size, type, coloring, lettering, and format used by the highway department of the Borough or State.
E. 
Excavations shall not interfere with public or private utility systems and shall not create or aggravate any condition detrimental to the public health and safety.
[Ord. 3-2005, -/-/2005]
1. 
Processing of any kind on the excavation site or the erection of use of any structure thereon, such as, but not limited to, hoppers, washers, crushers, or sheds except simple screens to remove oversized aggregates during loading, shall be deemed a commercial use and are hereby prohibited.
2. 
Except as otherwise provided in § 9-104, no storage area may be created or maintained in connection with an excavation, grading or filling operation except that, under a duly issued permit, an owner or his/her contractor shall be allowed temporarily to store such material incidental to the operation, but such storage shall not be for a longer term than the term of the permit issued.
3. 
It shall be unlawful to keep or store any trucks, machinery or equipment on any property or street after completion of the operation. All such trucks, machinery or equipment shall be removed from such property within 10 days after completion of the work.
4. 
Operations shall be permitted between 7:00 a.m. and 5:30 p.m. Monday through Friday; Saturday, 8:30 a.m. to 5:00 p.m. Construction activities may be personally performed by residents and property owners, weekdays and Saturdays between 7:00 a.m. and 6:00 p.m. and Sundays and holidays between 10:00 a.m. and 5:00 p.m.
5. 
Barricades and lights shall be erected where necessary to protect pedestrians and vehicles during the period of operations.
6. 
Conshohocken Borough Council has determined that finished grading on fill operations and/or re-establishment of site on excavation and removal operations should be upon completion of the work allowed by permit, the permittee shall comply with the applicable provisions of the following subsections:
A. 
All pits, quarries, holes or other excavated areas, shall be refilled with and no new filling operation shall be conducted with any material except clean, non-burnable fill containing no trash, refuse or harmful matter, and such excavated areas and new filling operations shall be graded to the level of adjoining properties or to an elevation from which all surface and other waters collected therein may find natural drainage therefrom. Excess material shall either be removed from the premises or leveled and covered with topsoil and seeded as hereinafter provided.
B. 
If the proposed method of soil erosion control is by re-vegetation, the specifications for the work shall provide that any layer of topsoil over the area to be excavated, graded or filled shall be set aside and retained on the premises in sufficient quantity to cover all surfaces which will remain exposed, except rock to a depth of at least four inches with topsoil added if necessary to make up any deficiency. The specifications shall also provide that at the completion of respreading of topsoil it shall immediately be harrowed or raked to establish a seed bed and shall be seeded for grass, permanent pasture mixture, or other approved fast growing vegetation and shall be repeated as often as necessary until the area is stabilized.
C. 
In cases of extended operations, except for access drives, and the accrual work area, the completed portion of the excavation, filling or grading operation shall be subject to the provisions of subsection (B) of this Section and the operation shall be completed prior to the re-issuance of a permit under the provisions of this Part.
D. 
Where a permit has been issued for the excavation of a lake or pond, the provisions of this Section applicable to seeding shall not apply to that part of the excavation below the high water mark of such lake or pond.
E. 
The applicant shall notify the Borough Engineer of the following, when and as complete:
(1) 
Rough grading.
(2) 
Final grading before seeding.
(3) 
All reestablishment and construction work.
F. 
The Borough Engineer, upon such notification, shall make field inspections on the site before rough grading, after final grading, before seeding and at completion to determine if work in progress and the completed operation have been performed in accordance with this Part.
[Ord. 3-2005, -/-/2005]
The penalty for any person, firm or corporation violating any provision of this Part shall be fined not less that $100 nor more than $1,000, plus costs, and, in default of payment of said fine and costs to a term of imprisonment not to exceed 30 days. Each day that a violation continues shall constitute a separate offense.