[Ord. 3-2005, -/-/2005]
As used in this Part, the following terms shall have the meanings
indicated:
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.
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.
Includes the placing of any soil, earth, sand, rock, gravel
or other similar substance on the ground.
A slope of a street or parcel of land specified in percent
and shown on plans as specified herein.
Shall include any operation involving either excavation and/or
filling.
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.
[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.
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.
