1367.02  GRADING, EXCAVATION AND FILLING.
   "Grading, excavation and filling" as hereinafter used shall include all grading, excavations, removal of earth or earth fillings involving quantities in excess of twenty-five cubic yards.  It shall not, however, include the movement of earth in the course of farming or agriculture.  A grading, excavation and filling permit required under this section is issued at the same time as a building permit, where required, is issued under this Zoning Ordinance.
   (a)   Any person who desires to perform any of the activities set forth above shall complete and file an application with the Building Inspector for a grading, excavation and filling permit on the form prescribed by the Borough.  A sample of this form is shown in the Appendix B to this Zoning Ordinance.
   (b)   The Borough Engineer in conjunction with the Building Inspector shall review the application and shall issue a grading, excavation and filling permit when satisfactory evidence has been furnished of the following:
      (1)   That the applicant is the owner of the premises involved or is acting under or on behalf of the owner, or any one of the owners, if there are more than one.
      (2)   That the proposed earth movement is to be performed according to sound engineering principles.
      (3)   That such earth movement will not endanger any public streets or properties or any adjacent private properties.
         (Ord. 2717.  Passed 2-10-86.)
      (4)   That any changes of grade will not result in a steeper finish than 3:1 slope for fills or 2:1 slope for cuts.
         (Ord. 3479.  Passed 5-21-07.)
   (c)   Drain pipes shall be installed where deemed necessary by the Building Inspector to control surface water and to prevent erosion.
   (d)   All disturbed surfaces not planned to be built upon or paved within one year of the date of the permit shall be planted in grass or crown vetch or other plant material as may be approved by the Building Inspector.
   (e)   The Borough Engineer shall, where he deems necessary, require plans, topographical surveys or other types of design drawings for the purpose of establishing compliance with this section.  The applicant shall bear the full cost of such surveys and studies. 
(Ord. 2717.  Passed 2-10-86.)
   (f)   As a condition to issuance of a grading, excavation and filling permit required by this section, the applicant shall execute a development agreement with the Borough, in a form acceptable to the Borough Solicitor, containing provisions that are reasonably necessary to guarantee proper site development and/or restoration, including provisions necessary to indemnify the Borough in connection therewith.
      (Ord. 2749.  Passed 9-10-86.)
   (g)   In addition to the permit, the Building Inspector shall issue a placard which shall be displayed on the premises during the time the work is in progress.  This placard shall show the number of the permit, the date of its issuance and shall be signed by the Building Inspector.
   (h)   After the issuance of a permit by the Building Inspector, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written approval of the Building Inspector.
   (i)   All work done pursuant to such a grading, excavation and filling permit shall commence within ninety days from the date of the permit and shall be completed within one year from the date of the permit.
      (Ord. 2717.  Passed 2-10-86.)