[Amended 10-9-2018 by Ord. No. 897]
The following requirements may apply to certain regulated earth disturbance activities associated within Table 408-5 and must be met prior to commencement of regulated earth disturbance activities, as applicable:
A. 
Definitions. Definitions listed in the section are in addition to the definitions listed in § 408-13. As used in this section, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
ALLUVIAL SOILS
An azonal great group of soils, developed from transported and relatively recently deposited material (alluvium), characterized by a weak modification (or none) of the original material by soil-forming processes.
CUT AND/OR FILL
The process of earthmoving by excavating part of an area and/or using excavated material from embankment or fill areas.
RUNOFF (HYDRAULICS)
That portion of the precipitation and a drainage area or watershed that is discharged from the area in stream channels; types include surface runoff, groundwater runoff or seepage.
SEDIMENT
Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin by air, water, gravity or ice and has come to rest on the earth's surface, either above or below sea level.
SLOPE
The degree of deviation of a surface from the horizontal, usually expressed in percent or degrees.
SOIL DRAINAGE
A condition of the soil, referring to the frequency and duration of periods when the soil is free of saturation.
SUBSOIL
Material immediately underlying topsoil, consisting of, but not limited to, either singly or in combination, clay, sand, gravel or crushed rock, but not including bedrock or other impervious surface, as more fully defined and set forth in the most recently adopted and approved Montgomery County Soil Survey exclusive of the A horizon.
TOPSOIL
The topmost layer of ground cover containing humus in some concentration capable of supporting plant growth, as more fully defined and set forth in the most recently adopted and approved Montgomery County Soil Survey under the designation of the A horizon, but not including subsoil as heretofore defined.
VEGETATION DISTURBANCE
Activities involving relandscaping, disturbing the landscape or vegetation or any ground cover within a project site.
B. 
Activities which are exempt from the grading requirements of this section (§ 408-54). The following activities require no grading review:
(1) 
Improvements, such as driveway paving, minor regrading or activities on a property which do not adversely affect the natural overland or subsurface flow of stormwater or the drainage of any premises or adversely disturb the landscape.
(2) 
Farming, gardening, lawn installation or lawn restoration.
(3) 
Work within the ultimate right-of-way of a public street or alleyway to be offered for dedication or previously ordained by the Borough, county or commonwealth, or any park, playground, recreation area or open space dedicated to and accepted by the Borough, county or commonwealth.
C. 
Standards for grading activities. Except for those activities exempted by § 408-54B, the following standards shall apply to all activities permitted or allowed under § 408-5 of this chapter:
(1) 
The permittee is responsible for the prevention of damage to other property or personal injury, which may be affected by the activity requiring an approval.
(2) 
No person, firm or corporation shall modify, fill, excavate, pave, grade or regrade land in any manner so close to a property line as to endanger or damage any adjoining street or alley or any other public or private property without supporting and protecting such property from settling, cracking, erosion, sediment, flooding or any other physical damage or personal injury which might result.
(3) 
Notwithstanding any other term or provision of this section, no person, firm or corporation shall cause or allow to be removed greater than 50% of the existing topsoil from any site, and in no event shall the topsoil existing on any site be reduced to less than a depth of eight inches as measured from the underlying subsoil, except as may be modified by the Borough Engineer by issuance of a conditional permit, which permit shall be issued to modify the terms of this section only based upon sound engineering practices and subject to appeal by any party in interest, including the applicant, the Borough or any other interested or affected party filing an appeal to be heard by the Borough Council in the same manner as an application or petition to rezone. Further, it is the intention of this section to achieve conservation of both topsoil and subsoil in such a manner that disturbance of the subsoil will achieve a balance on each and every disturbed site, resulting in the removal of no subsoil; however, no more than 800 cubic yards of subsoil per disturbed acre may be removed from any site to be relocated on a site or area not part of the proposed development and in single and common deed with the disturbed area, except as this subsection may be modified by the Borough Engineer by issuance of a conditional permit, which permit shall be issued to modify the terms of this section only based upon sound engineering practices and subject to appeal by any party in interest, including the applicant, the Borough or any other interested or affected party filing an appeal to be heard by the Borough Council in the same manner as an application or petition to rezone.
(4) 
No person, firm or corporation shall deposit or place any debris or any other material whatsoever or cause such to be thrown or placed in any drainage ditch or drainage structure in such a manner as to obstruct free flow.
(5) 
No person, firm or corporation shall fail to adequately maintain, in good operating order, any drainage facility on his premises. All drainage ditches, culverts, drainpipes and drainage structures shall be kept open and free-flowing at all times.
(6) 
The owner of any property on which any work has been done pursuant to an approval granted under this section shall continuously maintain and repair all graded surfaces and anti-erosion devices, retaining walls, drainage structures or means and other protective devices, plantings and ground cover installed or completed.
(7) 
All graded surfaces shall be permanently seeded, sodded and/or planted or otherwise protected from erosion within 30 days, 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.
(8) 
All trees in an area of extreme grade change shall be protected with suitable tree wells, unless the necessity for removal is established. Precautions shall be taken to prevent the unnecessary removal of trees.
(9) 
When required, adequate provisions shall be made for dust-control measures as are deemed acceptable by the Borough Engineer.
(10) 
All plans and specifications submitted for an approval shall include provisions for both interim (temporary) and 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 Conservation District, as adopted from standards and specifications of the United States Natural Resources Conservation Service and as outlined in the then-applicable and current handbook of administrative regulations or guidelines, as may be adopted and enacted by the County Soil Conservation District.
(a) 
Technical standards for the design and installation of erosion and sediment control measures are on file with the Borough of Royersford, the office of the County Conservation District and other governmental agency offices.
(b) 
Standards and specifications adopted for the purposes of this section and by the County Conservation District include, but are not limited to, the following basic conservation measures:
[1] 
Temporary cover on critical areas.
[2] 
Permanent grass and legume cover for critical areas on prepared seedbed.
[3] 
Permanent grass and legume cover for critical areas on unprepared seedbed.
[4] 
Sodding.
[5] 
Mulching.
[6] 
Temporary diversion.
[7] 
Permanent diversion.
[8] 
Grassed waterway or outlet.
[9] 
Grade stabilization structure.
[10] 
Debris basin.
[11] 
Drain.
[12] 
Drainage, mains or laterals.
D. 
A quality-control program is critical for fills; therefore, wherever fill material is to be used, the person, firm or corporation shall be responsible for testing to determine its dry density as per ASTM D1556. It is recommended that the density of any load-bearing layer supporting or to be incorporated in a road surface, detention basin or erosion swale shall be not less than 90% of the maximum density.
(1) 
The inspection procedure shall follow the general procedure as stated in § 408-30.
(2) 
Compaction test reports shall be kept on file at the site and shall be subject to review at all times.
(3) 
The degree of compaction required shall be determined by the Borough Engineer following the guidelines in this section.
(4) 
A soils investigation report is required if load-bearing fill is proposed, which shall consist of test borings, laboratory testing and engineering analysis to correlate surface and subsurface conditions with the proposed plan. The results of the investigation shall be presented in a report by a registered professional soils engineer and 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 Borough of Royersford may require such supplemental reports and data as is deemed necessary by the Borough Engineer. Recommendations included in such reports and approved by the Borough Engineer shall be incorporated in the plan or specifications. In addition:
(a) 
Fills toeing out on natural slopes steeper than two horizontal to one vertical shall not be made unless a report is received which is deemed acceptable by the Borough Engineer. The report shall be made by a registered professional soils engineer, certifying that he/she has investigated the property and made soils tests and that, in his opinion, such steeper slopes will safely support the proposed fill.
(b) 
Natural and/or existing slopes exceeding five horizontal to one vertical shall be benched or continuously stepped into competent materials prior to placing all classes of fill.