This chapter shall be known and may be cited as the "Upper Gwynedd
Township Grading Ordinance."
The purpose of this chapter is to provide minimum standards
to safeguard persons, to protect property and to promote the public
welfare by regulating and controlling the design, construction, quality
of materials, use, location and maintenance of grading, excavations
and fills.
Whenever used in this chapter, the following words shall have
the meanings indicated:
BMP (BEST MANAGEMENT PRACTICE)
Activities, facilities, measure or procedures used to manage
stormwater impacts from land development, to protect and maintain
water quality and groundwater recharge and to otherwise meet the purposes
of this chapter, including, but not limited to, infiltration, filter
strips, low-impact design, bioretention, wet ponds, permeable paving,
grassed swales, forested buffers, sand filters, and detention basins.
BUILDING PERMIT
A permit issued by the Building Code Official pursuant to
Upper Gwynedd Township regulations for the construction, erection
or alteration of a structure or building.
EARTH DISTURBANCE
Construction or other human activity which disturbs and destabilizes
the surface of the land, including, but not limited to, clearing and
grubbing, grading, excavations, construction of embankments, land
development, road maintenance and the moving, depositing, stockpiling
or storing of soil, rock or earth materials.
EXCAVATION
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced,
relocated or bulldozed, and includes the conditions resulting therefrom.
FILL
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, pushed, dumped, pulled, transported or moved
to a new location, and includes the conditions resulting therefrom.
GRADE
The elevation of the existing ground surface at the location
of any proposed excavation or fill.
GRADING
Excavation or fill, or any combination thereof, and includes
the conditions resulting from any excavation or fill.
PERSON
A natural person but shall also include a partnership, corporation
or similar entity.
SITE
A lot, tract or parcel of land, or a series of lots, tracts
or parcels of land joined together, where grading work is contiguous
and performed at the same time.
TOWNSHIP
Upper Gwynedd Township as may be represented by building
code officials or officers appointed by the Board of Commissioners.
New grading, excavations and fills, or changes, additions, repairs
or alterations made to existing excavations and fills, shall conform
to the provisions of this chapter, except that this chapter shall
not apply to:
A. Work in a public street or alley or in a Township park, playground
or recreation area or on other public property.
B. The mining, quarrying and associated excavating, processing or stockpiling of rocks, sand, aggregate or clay unless such work affects the support of adjacent or contiguous property or structures as those activities may be authorized by Chapter
195, Zoning.
C. The operation of a sanitary landfill or dump operated by the Township.
D. Use of land for gardening for home consumption.
E. Agriculture, when operated in accordance with a conservation plan,
nutrient management plan, or erosion and sedimentation control plan
approved by the Montgomery County Conservation District, including
activities such as growing crops, rotating crops, tilling of soil,
and grazing animals.
F. Forest management operations following the Department of Environmental
Protection's management practices contained in its publication
"Soil Erosion and Sedimentation Control Guidelines for Forestry" and
operating under an E&S plan approved by the Montgomery County
Conservation District, which have a zoning permit approval by Upper
Gwynedd Township.
G. Any emergency activity immediately necessary for the protection of
life, property or natural resources.
H. Repair of an on-lot sewage system.
The following activities require a grading permit:
A. Modifying, disturbing, blocking, diverting or otherwise adversely
affecting the natural flow of surface water within an ephemeral, intermittent
or perennial stream or in a manner which impacts an adjoining parcel/property.
B. Construction, erection or installation of any drainage dam or obstruction
affecting the drainage of any parcel/property.
C. Earth disturbance in excess of 500 square feet, cumulatively in one
year; a year being 12 consecutive months from the date of the first
earth disturbance or application for a grading permit.
D. A fill which exceeds 10 cubic yards of material.
E. Construction and/or installation of driveways and swimming pools.
Before issuing a grading permit, the Township shall collect
a permit fee in accordance with a schedule of fees as adopted and
revised from time to time by resolution of the Board of Commissioners
and on file in the office of the Township Manager.
The owner shall pay the actual cost of any material tests and
reimburse the Township for necessary inspection at the current rate
for each hour or portion thereof that a Township inspector is engaged
on the work.
Every grading permit shall expire 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 Township may, if the permit holder presents satisfactory
evidence that unusual difficulties have prevented work from being
started or completed within the specified time limit, 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.
All fills shall be compacted to provide stability of material
and to prevent undesirable settlement. The fill shall be spread in
a series of layers, each not exceeding 12 inches in thickness, and
shall be compacted by a sheep's-foot roller or other approved method
after each layer is spread. The Township Engineer may require tests
or other information if in his opinion the conditions or materials
are such that additional information is necessary.
The owner of any property on which an excavation or fill has
been made shall maintain in good condition and repair all retaining
walls, cribbing, drainage structures, fences and other protective
devices.
In case any work is performed by any person in violation of
any of the provisions of this chapter, the Township, in addition to
other remedies, may institute in the name of the Township any appropriate
legal action or proceeding to prevent such unlawful work and to restrain
or abate such violation.