A. The following activities require a grading permit:
(1) Modifying, disturbing, blocking, diverting or otherwise adversely affecting the natural overland or subsurface flow of water.
(2) Construction, erection, modification or installation of any drainage dam, ditch, culvert, drain pipe, bridge or any other structure or obstruction affecting the drainage of any parcel.
(3) Paving, cutting, filling, stripping, excavating, grading or regrading of any parcel unless specifically excluded by Subsection B. below.
(4) Disturbing, in excess of 100 square feet, the natural ground surface, soil, or vegetation upon any parcel, unless exempted pursuant to Subsection B.
(5) Construction or improvement of a property with any of the following:
(a) Buildings.
(b) Structures.
(c) Decks that are more than 24 inches above finished grade.
(d) Sheds larger than 80 square feet.
(e) Driveway, walkway or patio replacement, repair or enlargement.
(f) Pools (above-ground and in-ground).
(g) Retaining walls or freestanding walls.
(h) Demolition of improvements or existing features to the extent regrading, fill or excavation is part of the project.
B. The following activities require no grading permit:
(1) Gardening for home consumption or personal use on any parcel.
(2) Agricultural operations operated in accordance with a conservation plan or erosion and sedimentation control plan found adequate by the Montgomery County Conservation District, but not including sod farming.
(3) Forest management operations that follow guidelines established by the Department of Environmental Protection in “Soil Erosion and Sedimentation Control Guidelines for Forestry”; that are operating under an erosion control plan approved by Montgomery County Conservation District; and that comply with the Township Zoning Ordinance.
(4) Any emergency activity immediately necessary for the protection of life, property, or natural resources.
(5) Work in a public street or alley or in a Township park, playground or recreation area or on other public property.
(6) The depositing of rubbish or other material at any dump operated by the Township.
(7) Improvements that meet the following criteria:
(a) Area of disturbance is less than 500 square feet;
(b) Area of disturbance is more than 50 feet from any adjacent property line;
(c) Area of disturbance is completely within a rear yard of a lot; and
(d) Area of disturbance does not include any government-regulated resource, including floodplain, wetlands, steep slopes, riparian buffer, or easements.
C. Application for grading permit.
(1) Any person proposing to engage in an activity requiring a grading permit shall apply for a permit by submitting a complete grading permit application (attached to Ordinance 22-1378 as Appendix A and incorporated herein by reference as if set out in full).
(2) The grading permit application shall be accompanied by a fee established in the Township’s Schedule of Fees, Chapter 110.
(3) All applications must be accompanied by an erosion and sediment control plan as described in § 99-6 below.
(4) All applications filed regarding any earthmoving or stripping activities on any commercial, industrial, and/or institutional lot; on any residential lot where earthmoving activities in excess of 1,000 square feet are proposed; or where, in the opinion of the Township Engineer, the lot features such as slope, soils, or other natural resources require special consideration of the earthmoving activities, shall be accompanied by a grading plan as provided in § 99-7 below.
(5) A separate application shall be required for each grading project.
D. Issuance of permits. Upon the approval of the required plans and/or applications by the appropriate Township official/employee, the Township Engineer shall issue the necessary grading permit(s). No grading permit shall be issued until all the plans and applications required to be submitted by this chapter for all the proposed earthmoving or stripping activities have been reviewed and approved by the appropriate Township official/employee as set forth in this chapter and required fees have been paid.
E. Standards for issuance of grading permit.
(1) Notwithstanding any provision of this chapter or any condition of the grading permit, the permittee is responsible for the prevention of damage to other people or property that may be affected by the earthmoving or stripping activity.
(2) No person shall modify, cut, fill, excavate, pave, strip, grade, or regrade land in any manner that endangers or damages any adjoining street, alley, or any other public or private property. Any earthmoving activity conducted adjacent to a property or street line shall support and protect the adjoining property from settling, cracking, erosion, sediment, flooding, or any other physical damage or personal injury that might result.
(3) No person shall deposit, place, throw, or cause to be deposited, placed or thrown any debris or other material in any drainage structure or watercourse so as to obstruct the free flow of water.
(4) No person shall fail to adequately maintain, in good operating order, any drainage facility on the site. All drainage ditches, culverts, drain pipes, drainage structures, and watercourses shall be kept open and free-flowing at all times.
(5) The owner of any property upon which any work has been done pursuant to a grading permit granted under this chapter shall continuously maintain and repair all graded surfaces, anti-erosion devices, retaining walls, drainage structures, pipes, culverts and other protective devices, plantings and ground cover, installed or completed.
(6) All graded surfaces shall be permanently seeded, sodded, planted, and/or otherwise protected from erosion immediately upon completion of the earthmoving activities upon that surface, weather permitting, and shall be tended and/or maintained until growth is well established. The disturbed area and duration of exposure shall be kept to a minimum using temporary, erosion and sediment control measures immediately, as outlined in the “Erosion and Sediment Control Handbook, Montgomery County, Pennsylvania.”
(7) Precautions shall be taken to prevent the unnecessary removal of trees. All trees in areas where slopes exceed three to one shall be protected with suitable tree wells, unless the necessity for removal is established. Any grading around trees or any removal of trees must comply with the Township’s Zoning Ordinance and Subdivision and Land Development Ordinance.
(8) The permittee shall provide adequate provisions for dust control measures. Any such measures must be deemed acceptable by the Township Engineer.
(9) All plans and specifications submitted for a grading permit shall include provisions for both interim (temporary) and ultimate (permanent) erosion and sediment control. The design, installation and maintenance of erosion and sediment control measures shall be accomplished in accordance with standards and specifications established by the Montgomery County Soil Conservation District as adopted from standards and specifications of the United States Soil Conservation Service, and as outlined in the “Erosion and Sediment Control Handbook, Montgomery County, Pennsylvania.”
(10) In connection with site grading for roads, driveways, building areas or other site improvements, the lateral extent of cut or fill areas shall not be more than 30 feet beyond the top of slope in fills or the toe of slope in cuts, or extend closer than 50 feet to the bank of any watercourse, lake, pond, or wetland.
(11) Wherever fill material is to be used, the person, firm, or corporation using such fill shall be responsible for testing to determine its dry density as per ASTM D1556. The density of each layer shall be not less than 95% of maximum density as determined by ASTM D1557.
(a) Inspection procedure shall follow the general procedure as stated in § 99-10 below.
(b) Compaction test reports shall be kept on file at the site and are subject to review at all times.
(c) Degree of compaction required shall be determined by the Township Engineer following the guidelines listed in this section.
(12) If load-bearing fill is proposed, a soils investigation report shall be submitted which shall consist of test borings, laboratory testing and engineering analysis to correlate surface and subsurface conditions with the proposed grading plan. The report shall include data regarding the nature, distribution and supporting ability of existing soils and rocks on the site, conclusions, and recommendations to ensure stable soil conditions and groundwater control, as applicable. The Township may require such supplemental reports and data as is deemed necessary by the Township Engineer.
F. All permits shall require the permittee to:
(1) Notify the Township Engineer within 48 hours of commencing any earthmoving or stripping activity;
(2) Notify the Township Engineer of the completion of any control measures within three days after their installation;
(3) Obtain permission from the Township in accordance with this chapter prior to modifying the erosion and sedimentation control plan;
(4) Install all control measures as identified in the approved erosion and sedimentation control plan prior to starting any earthmoving activities;
(5) Maintain all road drainage systems, stormwater drainage systems, control measures and other facilities identified in the erosion and sedimentation control plan;
(6) Repair any siltation or erosion damage to adjoining properties, surfaces, and drainage ways resulting from earthmoving or stripping;
(7) Inspect the erosion and sedimentation control measures after each rain of one-half inch or more and at least once each week and make needed repairs;
(8) Allow the Township Engineer or other Township official to enter the site for the purpose of inspecting compliance with the erosion and sedimentation control plan or for performing any work necessary to bring the site into compliance with the erosion and sedimentation control plan;
(9) Keep a copy of the erosion and sedimentation control plan on the site;
(10) Provide, until the problem is corrected, additional stabilizing measures to slopes that, in the judgment of the Township Engineer, are found to be eroding excessively within one year of construction. Once such slopes are stabilized by the additional measures, the permittee is responsible for providing further additional stabilizing measures if the slopes continue to erode excessively within one year of the installation of the additional measures.