[HISTORY: Adopted by the Board of Supervisors
of the Township of Kilbuck 11-19-1984 by Ord. No. 1 as Part 19 of the 1984 Code.
Amendments noted where applicable.]
A.
Title. This chapter shall be known and may be cited
as "The Kilbuck Township Grading Ordinance."
B.
Purpose. The purpose of this chapter is to provide
minimum standards to safeguard persons and property, to protect and
to promote the public welfare, by preventing excess erosion, hazardous
rock and soil slippage, sediment production and other soil and water
management problems, and by regulating and controlling the design,
construction, quality of materials, use, location and maintenance
of grading, excavation and fill.
B.
ADMINISTRATOR
BEDROCK
ENGINEERING GEOLOGIST
ENGINEER, PROFESSIONAL
EROSION
EXCAVATION
FILL
GOVERNING BODY
GRADING
GRADING PERMIT
HAZARD
RETAINING WALL
SITE
SOILS ENGINEER
SOIL SURVEY
SOLID WASTE
Meanings of words. Wherever used in this chapter,
the following words shall have the meanings indicated:
The qualified individual designated by proper motion or resolution
by the Board of Supervisors to act on behalf of the Township of Kilbuck
under this chapter.
[Amended 7-18-1995 by Ord. No. 47]
Natural rocklayer, hard or soft, in place at ground surface
or beneath unconsolidated surficial deposits.
A person who holds a degree in geology from an accredited
college or university and who has training and experience in the field
of engineering geology.
A person licensed by the Commonwealth of Pennsylvania to
practice engineering and who is knowledgeable in the branch of civil
engineering.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity, including such processes as gravitational
creep.
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 shall include the conditions resulting
therefrom.
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 shall include the condition resulting.
The Board of Supervisors of the Township of Kilbuck.
Excavation or fill or any combination thereof and shall include
the conditions resulting from any excavation or fill.
Any permit required under these regulations.
A danger or potential danger to life, limb, or health, or
an adverse effect or potential adverse effect to the safety, use or
stability of property, waterways, public ways, structures, utilities
and storm sewers; including stream pollution.
See § 115-13.
A lot, tract or parcel of land or a series of lots, tracts,
or parcels of land which are adjoining where grading work is continuous
and performed at the same time.
A person registered by the Commonwealth of Pennsylvania as
a professional engineer and who has training and experience in the
branch of soils engineering.
The unpublished and operational soil survey for Allegheny
County, Pennsylvania, and the accompanying text Soil Survey Interpretation
of Allegheny County, Pennsylvania, as prepared by the USDA Soil Conservation
Service et al. When applicable, “soil survey” shall mean
Soil Survey, Allegheny County, Pennsylvania.
All parts or combinations of ashes, garbage, refuse, radioactive
material, combustible demolition materials and industrial wastes such
as food-processing wastes, wood, plastic, metal scrap, etc.
A.
A grading permit must be obtained from the administrator
for new grading, excavations and fills; changes, additions or alterations
made to existing excavation or fills shall conform to the provisions
of these regulations. A separate grading permit shall be required
for each site. One permit may cover the grading, excavation and any
fills made on the same site.
[Amended 7-19-2005 by Ord. No. OO-05-2]
B.
Only one permit is required for a continuous parcel
to be graded for a proposed major planned development, such as residential
planned unit development or a planned industrial park when adequate
standards or requirements for grading the parcel are approved by the
administrator.
A grading permit will not be required for any
of the following situations:
A.
Grading is limited to mining, quarrying or stockpiling
of coal, rock, sand, aggregate or clay that satisfies requirements
of regulations of the Commonwealth of Pennsylvania.
B.
Grading is limited to solid waste disposal areas or
sanitary landfills operated in accordance with the requirements, rules
and ordinances adopted by the Pennsylvania Department of Environmental
Protection and the Allegheny County Department of Health.
C.
Excavation does not exceed five feet in vertical depth,
does not result in cut and/or fill slope steeper than four horizontal
to one vertical and does not exceed an area of 500 square feet for
areas recognized by the Soil Survey or better source as containing
landslide-prone soils. Better sources recognizing landslide-prone
soil areas may be the Pennsylvania Bureau of Topographic and Geologic
Survey, a professional engineer experienced in geology or an engineering
geologist.
D.
Excavation does not exceed 10 feet in vertical depth,
does not result in a cut or fill slope steeper than four horizontal
to one vertical and does not exceed an area of 2,000 square feet in
areas of soils not recognized by the Soil Survey or better as landslide-prone.
[Amended 7-18-1995 by Ord. No. 47]
E.
Fill amount does not exceed 50 cubic yards on any
one site.
F.
Fill does not exceed 10 feet in vertical depth at
its deepest point measured from the top of such fill to the natural
ground surface, the area of fill does not exceed 2,000 square feet
and the slope of fill is not steeper than four horizontal to one vertical.
[Amended 7-18-1995 by Ord. No. 47]
G.
Grading does not exceed new construction authorized
by a building permit properly issued by the governing body. Grading
under the authorization of a building permit should follow the standards
and requirements of this chapter.
H.
Soil excavated under the authorization of a building
permit properly issued by the governing body is temporarily stockpiled
on the same site as excavation, provided, however, that if the material
from such excavation is thereafter to be used for fill purposes for
which a grading permit is required, such permit must be obtained prior
to such use in accordance with the requirements of this chapter. In
addition, if excavated material is stockpiled on a site for a period
of longer than 120 days, then a permit shall be necessary when disposing
of the fill material.
A.
Whenever the governing body, upon the recommendation of its administrator, determines that any existing excavation, embankment or fill has become a hazard as defined in § 115-2, the owner of the property upon which the excavation, embankment, or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the administrator shall within the reasonable period specified therein repair, reconstruct or remove such excavation, embankment, or fill so as to eliminate the hazard.
B.
If, after such notification, the property owner has
not made the necessary repairs within the time adopted, then the governing
body may direct government employees to make the required repairs
and the cost thereof shall be borne by the property owner by a lien
filed as provided by law.
A.
Every applicant for a grading permit shall file a
written application therefor with the administrator in a form prescribed
by the administrator. Such application shall:
(1)
Describe the land on which the proposed work is to
be done by lot, block, tract or street address, or similar description
which will readily identify and definitely locate the proposed work.
(2)
Be accompanied by plans and specifications to include but not be
limited to:
[Amended 6-11-2008 by Ord. No. O-08-02]
(a)
Plans prepared, signed and sealed by a professional engineer,
surveyor, or architect giving a reasonable picture of the site and
proposed soil erosion controls, if any. The administrator may waive
the preparation or approval and signature by the professional engineer,
surveyor or architect only when it is self-evident that the proposed
work is simple, clearly shown on the plans submitted, and creates
no potential nuisance to adjacent property or hazard, and does not
include the construction of a fill upon which a structure may be erected.
(b)
Such plans shall include a description of the site proposed
for grading; accurate location by lot, block, tract, street address,
longitude and latitude, coordinates, a location map, North arrow,
scale, or other similar information.
(c)
A contour map showing the present contours of the land and the
proposed contours of the land after the completion of the proposed
grading.
(d)
A plan showing the cross sections of the proposed cut or fill
which shows the method of benching both cut and/or fill.
(e)
A plot plan shall show the location of the grading, valid boundaries,
lot lines, neighboring streets or ways, buildings, rights-of-way,
easements, locations of trees, natural features, surface and subsurface
utilities and waterways.
(f)
The plan shall show the owners of adjacent properties, including
but not limited to the location of any existing structures and driveway
locations.
(g)
Plans shall include a description of the type and classification
of the soil from the Soil Survey or better; details and location of
any proposed drainage structures and pipes, wall and cribbing; seeding
locations and schedules, debris basins, diversion channels; nature
of fill material and such other information as the administrator may
need to carry out the purposes of this chapter.
(h)
Plans shall show the volume of cut and fill for the proposed
grading.
(i)
Provide specifications which shall set forth details of the
work, such as materials, methods, procedures, and insurances.
(j)
Provide calculations by a registered professional engineer showing
the safety of any existing or proposed earth-retaining structures
and the design pressures for these structures.
(k)
All plans shall be dated and bear the name and seal of the professional
engineer who prepared the same, the name of the applicant, and the
owner of the land.
(l)
Plans shall be submitted in triplicate, one set of which shall
be reproducible by nature.
(3)
State the estimated dates for the starting and completion
of grading work.
(4)
State the purpose for which the grading application
is filed.
(5)
Be accompanied by a grading permit application fee, and any cost
reimbursement deposit required, in the form of a check payable to
Kilbuck Township, in the amount required by the fee schedule adopted
by the Kilbuck Township Board of Supervisors. An application not accompanied
by the appropriate fee shall be incomplete and shall be returned to
the applicant by the administrator.
[Added 6-11-2008 by Ord.
No. O-08-02]
B.
The duty of the administrator shall be to obtain information
and reports from governmental agencies, and scientific and/or engineering
journals, if available, and professional engineers and/or engineering
geologists, if necessary. This information and these reports must
be of sufficient detail to insure that proposed grading will not create
a hazard and that there will be a minimum of soil erosion on the site
to be graded.
C.
To be adequate, a geological report may include a
detailed description of the geological conditions of the site; may
include conclusions and recommendations that will demonstrate the
relationship of the geological conditions to the proposed development,
including hazardous conditions, water resources, mineral resources
and environmental impact. A soil conservation report may include existing
site description as to topography, drainage, cover and soils; major
resource problems as to soil limitations, erosion and sediment potential
and surface runoff changes; and recommendations to minimize soil limitations,
erosion and sediment, and surface water disposal problems.
D.
In no case shall the administrator require more than
minimum adequate standards, as recommended by governmental agencies,
professional engineers or engineering geologists, and other requirements
specified in this chapter, for issuing a grading permit.[1]
[1]
Editor's Note: Former Subsection E, regarding permit fees,
which immediately followed this subsection, was repealed 6-11-2008
by Ord. No. O-08-02.
[Amended 7-19-2005 by Ord. No. OO-05-2]
Before issuance of a grading permit, the applicant
shall post a bond, corporate surety, or other approved security in
the amount of 65% of the estimated cost of the grading work and erosion
control facilities proposed for the permit to guarantee said work
and facilities in a satisfactory manner and meeting the requirements
of this chapter. No bond shall be required if another bond or other
approved security is posted for construction and/or site improvements.
When all requirements of this permit have been met and the work has
been completed in a satisfactory manner, the full amount of security
shall be returned to the person posting said security.
Every grading permit shall expire by limitation
and become null and void if the work authorized by such permit has
not been commenced within six months or is not completed within two
years from the date of issue, provided that the governing body, acting
upon the recommendation of the administrator, may, if the permit holder
presents satisfactory evidence that unusual difficulties have prevented
work being started or completed within the specified time limits,
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. Any physical changes in the site such as surface water
drainage, soil and bedrock dislocations, alteration of groundwater
discharge or any other natural or man-made modification which would
cause a doubt to be cast upon the feasibility of the contents of the
original permit approval must be reported to the administrator in
the intervening period between approval of permit and completion of
the project.
A.
When the requirements of this chapter for obtaining
a permit have been met, the administrator shall approve the proposed
plan and grant a grading permit to the applicant. Approved work may
then start. However, when in the opinion of the administrator work
proposed by the applicant is likely to endanger any property, or person,
or any street or alley, or create hazardous conditions, the grading
permit shall be denied. In determining whether the proposed work is
likely to endanger property or streets or alleys, or create hazardous
conditions, the administrator shall give due consideration to possible
saturation by rains, earth movements, runoff surface waters and subsurface
conditions such as the stratification and faulting of rock, aquifers
and the nature and type of the soil or rock.
B.
The governing body shall consider within 15 days appeals
from the provisions of these regulations or from the denial by the
administrator, and the governing body within 15 days shall consider
alternate methods, standards or materials proposed by the developer
when in his opinion strict compliance with the provisions of these
regulations is unnecessary. Any applicant or permit holder shall have
the right to appeal to any court of competent jurisdiction from any
decision of the governing body.
A.
The permittee or his agent shall notify the administrator
in writing of the start and completion of each continuous grading
operation. Notice shall be received by the administrator or at his
office at least two working days before start or completion of grading
operations.
B.
Grading work at these stages or at any other time
will be subject to spot inspections at the discretion of the administrator
to determine that the work is being performed in compliance with these
regulations.
C.
In special cases, when grading occurs in areas of
landslide-prone soil as recognized by the Soil Survey or better, the
administrator may require special precautions from the grader. The
results of all soil tests and core borings made relating to the site
graded shall be submitted to the administrator.
[Amended 7-18-1995 by Ord. No. 47]
A.
No grading, stripping of topsoil, excavation, or any
other land disturbance activity which changes the existing contours
of the land, and no clearing, grubbing, or any other activity which
results in the removal of existing vegetation (other than the removal
of dead or diseased plant material), shall be permitted before the
final land development plan has been approved.
B.
Grading shall be limited to the minimum area necessary
to provide for buildings, roads, parking areas, utilities, and other
facilities shown on the approved land development plan.
C.
Grading in areas susceptible to landslides, subsidence,
or flooding, on steep slopes, shall comply with the additional provisions
hereunder.
D.
A soil erosion and sedimentation control plan shall
be prepared in accordance with the provisions of Title 25, Environmental
Resources, Chapter 102, Erosion Control, and approved by the Allegheny
County Conservation District (ACCD) prior to the commencement of any
grading or other regulated earth-disturbance activity, unless the
ACCD determines that a soil erosion and sedimentation control plan
is not required.
E.
The applicant shall be responsible for protecting
adjacent and downstream properties from any damage which occurs as
a result of earth disturbance on the development site. Such protection
shall include cleaning up and restoring to their original condition
any adjacent and downstream properties adversely affected by silt,
debris, flooding, or other damage resulting from the earth disturbance
activity.
F.
The top and bottom edges of cut or fill slopes shall
be kept back from property or right-of-way lines three feet plus 1/5
the height of the cut or fill, which total distance need not exceed
10 feet.
G.
Topsoil stripped from the site in preparation for
earth-moving activities shall be stockpiled and replaced on the site
over all regraded, nondeveloped areas, at a minimum depth of four
inches.
H.
Fill areas shall be prepared by removing organic material
such as vegetation and rubbish, and any other material determined
by the engineer to prevent proper compaction and stability.
I.
Proposed grading shall be accomplished so that existing stormwater
runoff flows are neither increased from predevelopment rates nor concentrated
at the point of release onto abutting properties. Adequate stormwater
retention facilities shall be provided to ensure that stormwater runoff
after development shall not be greater than the runoff which would
occur from the site in its natural state during a storm with a one-hundred-year
probability. Existing stormwater drainage shall not be diverted so
as to alter the location of watercourses on any adjacent property.
[Amended 6-11-2008 by Ord. No. O-08-02]
J.
Maximum steepness of graded slopes shall be no greater
than two horizontal to one vertical (2:1) except under the following
conditions:
(1)
Where the height of a proposed slope will not exceed
10 feet, then a maximum slope steepness of 1:1 may be allowed where
soil conditions permit and doing so will help to preserve existing
vegetation or other significant natural features. The cut or fill
shall be located so that a line having a slope of two horizontal to
one vertical and passing through any portion of the slope face will
be entirely inside the property lines of the proposed development.
(2)
Where a retaining wall, designed and sealed by a registered
professional engineer, is constructed to support the face of the slope.
K.
Excavation adjacent to any building foundation walls,
footings, or structures shall not extend beyond the angle or repose
or natural slope of the soil under the nearest point of same unless
the footings, foundations, or structures have been sufficiently underpinned
or otherwise protected against settlement.
L.
Graded slopes of 20 or more feet in height shall be
benched every 12 feet. Benches shall have a minimum width of six feet
and a maximum slope of 5%. Benches shall be planted with trees at
a rate of one tree per 30 lineal feet of bench. Trees shall have a
minimum caliper of 1.5 inches diameter at breast height (DBH). Species
of trees may be mixed, but shall consist of hardy native species.
New plantings shall be inspected yearly; and all dead, diseased, or
damaged trees shall be replaced.
M.
The following standards shall apply to all grading and disturbance of land with slopes of 25% or greater. If any of the delineated steep slope areas include soils or geologic features which indicate possible instability, the additional standards contained in Subsection N, below, shall apply.
(1)
Slopes between 25% and 40%. No more than 25% of slope
areas with existing grades between 25% and 40% shall be stripped of
vegetation or disturbed through grading. Grading for roads shall be
limited to the cartway, and the remainder of the right-of-way shall
be left undisturbed.
(2)
Slopes exceeding 40%. No development or disturbance
shall be allowed on slopes exceeding 40%. Very limited disturbance
for utilities may be allowed if the applicant demonstrates that no
feasible alternative location exists.
N.
No grading, removal of vegetation, construction, or
other disturbance shall be permitted on soils that are classified
as slide-prone or unstable in the Soil Survey of Allegheny County,
on any land that is delineated as unstable on the Landslide Susceptibility
Map of Allegheny County, or on any other areas of a proposed development
site that exhibit signs of instability, except in accordance with
the provisions of this subsection:
(1)
Unstable areas of a site may be set aside as common
or private open space.
(2)
Limited disturbance of unstable areas may be allowed
if the applicant demonstrates to the satisfaction of the administrator
that the proposed disturbance will not cause sliding or movement or
any unsafe condition either on the development site or on any property
adjacent to it.
(3)
Evidence of the safety of any proposed disturbance
shall require site investigation and certification in writing by a
registered soils engineer, engineering geologist, or professional
engineer with experience in soils engineering that the proposed activity
will not create or exacerbate unsafe conditions.
O.
Modification or waiver. The administrator may grant
a modification or waiver of the requirements of one or more provisions
of this chapter if, because of peculiar conditions pertaining to the
land in question, literal enforcement is impracticable, provided such
modification or waiver will not be contrary to the public interest
and that the purpose and intent of the chapter is observed.
[Added 4-16-2002 by Ord. No. OO-02-3]
P.
No debris or other material shall be placed or allowed to be placed
in any drainage ditch or structure in such a manner as to obstruct
the free flow of surface water.
[Added 6-11-2008 by Ord.
No. O-08-02]
Q.
Provisions shall be made for dust control as are deemed necessary
and acceptable by the Engineer.
[Added 6-11-2008 by Ord.
No. O-08-02]
R.
Immediately upon completion of grading, all areas not designated
for building or paving shall be mulched and planted. Planting shall
be appropriate to maintain slopes from erosion and subject to approval
from the Township.
[Added 6-11-2008 by Ord.
No. O-08-02]
A.
No fill should be placed over trees, stumps or other
material which could create a hazard. Instead, such materials may
be buried in natural ground where no structures will be built or hazard
created. Limbs can be chipped and mixed with the topsoil.
B.
All fills shall be compacted to provide stability of material and
to prevent undesirable settlement or slippage. The fill shall be spread
in a series of layers and shall be compacted by a sheepsfoot roller
or other approved method after each layer is spread. Any fill material
to be used shall be tested by the owner to insure that its dry density
shall be not less than 92% of maximum dry density as determined by
ASTM D1556. The administrator may require additional tests or other
information if, in his opinion, the conditions or materials are such
that additional information is necessary. Where fills are placed on
slopes of 15% or more, benching of the surface shall be required and
indicated on the cross sections. Fills that exceed a height of 10
feet shall be provided at the toe of the slope with a key bench at
least two feet deep and four feet wide across the entire length of
the toe.
[Amended 7-18-1995 by Ord. No. 47; 6-11-2008 by Ord. No. O-08-02]
C.
Clean soil or earth should be placed over the top
and exposed surfaces of the fill to a depth sufficient to conceal
all materials used in the fill other than clean soil or earth. If
the filling operation is intermittent, the top and exposed surfaces
of the fill should be so covered at the completion of each lift.[1]
D.
Guidelines for fills in the Erosion and Sediment Control
Handbook for Allegheny County, Pennsylvania, should be followed. One
or a combination of guidelines should be used to minimize hazard,
depending on site conditions and proposed grading.[2]
[2]
Editor's Note: Original Section 1900.13, Standards
for minimizing erosion and sediment, which immediately followed this
subsection, was repealed 7-18-1995 by Ord. No. 47.
A.
Definition of “retaining wall”: A structure
composed of concrete, steel or other approved building material constructed
for the purpose of supporting a cut or filled embankment which would
otherwise not comply with the requirements of the standards set forth
in this chapter, and which is more than four feet in height as measured
on the exposed vertical surface of the wall.
B.
If a retaining wall is constructed to satisfy a requirement
of this chapter, a building permit, as provided for by other municipal
regulations, shall not be required. The grading permit will apply
to the retaining wall, and the requirements for inspection, etc.,
as stated herein, will be complied with.
C.
Retaining walls must be constructed in accordance
with sound engineering practice. The plans submitted for approval
shall bear the seal of a professional engineer.
D.
The backfilling of retaining walls and the insertion
of subterranean drainage facilities shall be done strictly in accordance
with the provisions of this chapter and the appropriate municipal
specifications.
E.
In general, where a wall is replacing an exposed slope,
the vertical face of the wall shall be three feet zero inches back
from the adjoining property.
(1)
A special exception to this requirement may be applied
for and granted by the administrator if it can be satisfactorily demonstrated
that such a variance is necessary to insure normal use of the property,
i.e., for a sideline driveway.
(2)
The requirement of this paragraph may also be set
aside when the proposed retaining wall is a joint venture between
adjacent property owners, and appropriate documents so stating are
filed with the application for the permit.
B.
To prevent damage, grading plans should follow Vegetative
Control Methods and Ditch and Conduit Control Methods in the Erosion
and Sediment Control Handbook for Allegheny County, Pennsylvania,
when they fit the site. The administrator may approve methods and
materials recommended by governmental agencies and professional engineers
when they are more suitable to the site in preventing damage. Drainage
facilities shall be designed to accommodate the largest size storm
that would occur on the average of every two years.
C.
When deemed necessary by the Municipal Engineer, a drainage study
prepared by an engineer may be submitted that includes the following:
[Added 6-11-2008 by Ord.
No. O-08-02]
(1)
An accurate map of the site, the locations, elevations and dimensions
of all present and proposed watercourses, ditches, pipes and drainage
structures, parking areas and driveways, proposed excavation and fills,
woodlands, all proposed grading and drainage, and gradients and maximum
flow rates of watercourses.
(2)
A description of the work to be performed and disposition of cut
and fill material, the materials to be used and the method of performance.
(3)
Calculations based on the soil-cover complex method to determine
runoff.
(4)
Drainage facilities to carry surface water shall be provided and
designed to prevent erosion or overflow.
(5)
The applicant shall agree to the granting and recording of easements
for the installation and maintenance of drainage facilities.
A.
The owner of any property on which an excavation or
fill has been made shall maintain in good condition and repair the
excavation or fill permitted, and also all retaining walls, cribbing,
drainage structures, fences, ground cover, and any other protective
devices as may be a part of the permit requirements.
B.
If, at any time subsequent to the completion of the
grading work, the cut face or fill slope shall evidence signs of deterioration,
erosion, or other evidence which might be detrimental to the properties
above and below the grading site, the Board of Supervisors, upon the
recommendation of its administrator, may direct the property owner
to take necessary remedial steps in accordance with sound engineering
practice to restore the grading to a safe condition, and to do so
in a reasonable period of time.
C.
All drainage courses, ditches, culverts, pipes, and structures shall
be adequately maintained by the property owner and shall be kept open
and free flowing at all times.
[Added 6-11-2008 by Ord.
No. O-08-02]
Neither the issuance of a permit under the provisions
of this chapter, nor the compliance with the provisions hereto or
with any condition imposed by the administrator hereunder, shall relieve
any person from any responsibility for damage to persons or property
resulting therefrom, or as otherwise imposed by law, nor impose any
liability upon the Township for damages to persons or property.
A.
No person shall construct, enlarge, alter, repair
or maintain any grading, excavation or fill, or cause the same to
be done, contrary to or in violation of any provision of this chapter.
B.
When written notice of any of the provisions of this
chapter has been served by the administrator on any person, such violation
shall be discontinued immediately or within a reasonable time limit
specified in such notice. If violation is not discontinued, or extends
beyond the specified time limit, the administrator shall revoke the
grading permit and the violation is subject to fine.
C.
Any person violating any of the provisions of this
chapter shall be liable on conviction thereof to a penalty of not
less than $100 per day or more than $300 per day for each and every
offense. Whenever such person shall have been notified by the administrator
by service of summons in a prosecution or in any other way that he
is committing such violation of this chapter, each day that he shall
continue such violation after such notification shall constitute a
separate offense punishable by a like fine or penalty. Such fines
or penalties shall be collected as like fines or penalties are now
by law collected.
[Amended 7-19-2005 by Ord. No. OO-05-2]
In case any work is performed by any person
in violation of any of the provisions of this chapter, the Chief of
Police of the Township of Kilbuck, or any other police officer of
the Township of Kilbuck in the event of the absence or disability
of the Chief of Police, may institute in the name of the Township
of Kilbuck any appropriate action or proceeding, whether by legal
process or otherwise, to prevent such unlawful work and to restrain
or abate such violation.
