A Zoning Officer shall be appointed by Council to administer the provisions of this chapter, and shall serve at the convenience and pleasure of Council.
A. 
It shall be unlawful to commence or perform any grading, excavation, and/or fill operation without first having obtained a grading permit from the Borough on approval of the Zoning Officer, unless permitted under § 79-9 of this chapter.
B. 
When a NPDES permit is required the applicant must submit a copy of the approved NPDES permit and the erosion and sedimentation control plan to the Borough prior to the issuance of a grading permit.
C. 
Documentation of PA One-Call System notification is required and design reference serial number and/or dig notice serial number shall be submitted along with application.
One or more grading permits shall be required for each development site as follows:
A. 
One grading permit shall cover any grading, excavation, and/or fill operation made within the permit period on the same development site and shall be required notwithstanding the issuance of a building permit under the Zoning Ordinance,[1] as amended from time to time.
[1]
Editor's Note: See Ch. 155, Zoning.
B. 
One or more grading permits shall be required for any grading, excavation and/or fill operation made for a planned residential development (PRD) as defined in the Zoning Ordinance, as amended from time to time, dependent on whether the standards and timing for the grading, excavation, and/or fill made for the entire parcel, within the permit period, are satisfactory to and approved by the Borough.
A grading permit shall not be required in any of the following situations, except as required by Ordinance 202:[1]
A. 
An excavation which does not exceed four feet in vertical depth at its deepest point measured from the natural ground surface and does not cover an area of more than 1,000 square feet, provided that the surfaces of such excavation do not have slope at any point steeper than three horizontal to one vertical.
B. 
A fill which does not exceed 10 cubic yards of material on any one development site.
C. 
A fill which does not exceed three feet in vertical depth at its deepest point measured from the natural ground surface and does not cover an area of more than 1,000 square feet, provided that the surfaces of such a fill do not have a slope at any point steeper than three horizontal to one vertical.
D. 
Work by Borough agents or employees in a public right-of-way or in a Borough park, playground or recreation area or on other Borough property.
E. 
Reconstruction or repairs to an existing on-lot wastewater disposal system which is regulated under the Commonwealth of Pennsylvania's Act 537[2] and any Wastewater Ordinance,[3] as amended from time to time.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
[3]
Editor's Note: See Ch. 102, Art. I.
F. 
Where an open cut permit has been issued under § 79-10.
G. 
For agricultural purposes which includes the growing of grain crops, grasses, trees, vegetables, and ornamental plants or the combination of such activities.
H. 
Replacement of an existing retaining wall pursuant to the provisions of § 79-21C.
[1]
Editor's Note: See Ch. 115, Streets and Sidewalks, Art. III, Street Openings and Excavations.
In addition to complying with the applicable provisions of Ordinance 202,[1] a utility company proposing to commence any excavation in a Borough road or right-of-way shall first obtain an open cut permit, as shown in Appendix A.[2] A bond shall be posted prior to the issuance of any open cut permit. Such utility company may post a bond for an entire one-year period to bond all expected excavations within the Borough during such time period. Notwithstanding the above, for each separate excavation operation, a separate open cut permit shall be required.
[1]
Editor's Note: See Ch. 115, Streets and Sidewalks, Art. III, Street Openings and Excavations.
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.