Township of Rostraver, PA Chapter 101 Grading, Excavating and Filling

[HISTORY: Adopted by the Board of Commissioners of the Township of Rostraver 9-5-1989 as Part 6, Ch. 1, Art. C, of the 1989 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Floodplain management — See Ch. 97.

Nuisances — See Ch. 124.

Sewers — See Ch. 155.

Stormwater management — See Ch. 164.

Street openings — See Ch. 166.

Subdivision of land — See Ch. 175.

Swimming pools — See Ch. 178.

§ 101-1 Permit required for certain grading, excavation or filling of ground.

It shall be unlawful for any person to undertake or cause to be undertaken the excavation, filling and/or grading of any land of:

A. Five acres or more within the Township unless an approved permit has been obtained from the Code Enforcement Officer; or

B. Fifteen acres or more within the Township unless an erosion control permit has been obtained from the Department of Environmental Protection.

§ 101-2 Definitions.

For the purposes of this chapter, the following definitions shall apply:

EARTH MATERIAL

Any rock, natural soil or fill, and/or any combination thereof.

EXCAVATION

The mechanical removal of earth material.

FILLING

The deposition of earth material.

GRADING

Any excavating or filling or combination thereof.

PERSON

Any person, persons, partnership, business or corporation.

§ 101-3 Application for permit.

Application for the permit referred to in § 101-1A shall be made in writing to the Code Enforcement Officer on forms supplied by the Township. The application shall contain at least the following:

A. The name and address of:

(1) The applicant;

(2) The owner of the land on which the work will be performed; and

(3) The contractor performing the work.

B. An identification and description of the work to be covered by the permit for which application is made.

C. A description of the land on which the proposed work is to be done, by lot, block, tract and house and street address, or similar description which will readily identify and definitely locate the proposed work.

D. An estimate of the value of the proposed work.

E. Such other information as reasonably may be required by the Code Enforcement Officer.

§ 101-4 Issuance of permit.

The Code Enforcement Officer shall issue a permit only after it has been determined that the proposed work will be in conformance with all applicable requirements and regulations.

§ 101-5 Restrictions on making changes after permit issued.

After the issuance of a permit by the Code Enforcement Officer, no changes of any kind shall be made to the application, permit or other documents submitted with the application without the written consent of the Code Enforcement Officer.

§ 101-6 Issuance and display of placards.

In addition to the permit, the Code Enforcement Officer 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 and the date of its issuance and be signed by the Code Enforcement Officer.

§ 101-7 Time limit for starting and completing work.

A. The proposed work shall begin within six months after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the Code Enforcement Officer.

B. All work shall be completed within one year of the date of issuance of the permit. If any work is to be performed beyond this period, a new permit must be obtained under the conditions and requirements cited in §§ 101-3 and 101-4.

§ 101-8 Inspection of work; revocation of permit.

During the permitted work period, the Code Enforcement Officer or other authorized official may inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable laws and ordinances. In the event that the Code Enforcement Officer finds that the work does not comply with the permit application or any applicable laws and ordinances or that there has been a false statement or misrepresentation by any applicant, the Code Enforcement Officer shall revoke the permit and report that fact to the Board of Commissioners for whatever action it considers necessary.

§ 101-9 Permit fee accompanies application.

Application for a permit shall be accompanied by a fee, payable to the Township, based upon the estimated cost of the proposed work as determined by the Code Enforcement Officer at the following rates:

Estimated Cost	Fee
$0 to $ 200	$0
$201 to $1,000	$5
Each additional $1,000 or part thereof beyond the first $1,000	$1

§ 101-10 Appeals.

Any person aggrieved by the Code Enforcement Officer's estimate of the cost of the proposed work may appeal to the Board of Commissioners. The appeal must be filed, in writing, within 30 days after the determination by the Code Enforcement Officer. Upon receipt of such appeal, the Board of Commissioners shall set a time and place not less than 10 nor more than 30 days after the filing of the appeal for the purpose of hearing the appeal. Notice of the time and place of the hearing shall be given to all parties at which time they may appear and be heard. The determination of the estimated cost by the Board of Commissioners shall be final in all cases.

§ 101-11 Violations and penalties.

A. Any person who violates any provision of this chapter or of any notice, order or direction of the Code Enforcement Officer or of any other authorized employee of the Township shall, upon conviction, be sentenced to pay a fine of not less than $100 or more than $1,000 and costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 10 days. Each violation of any provision of this chapter, and each day the same is continued, shall be deemed a separate offense.

B. In addition to the above penalties, all other actions are reserved, including an action in equity for the proper enforcement of this chapter. The imposition of a fine or penalty for any violation of or noncompliance with this chapter shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations and noncompliances within a reasonable time. Any excavation, filling and/or grading in noncompliance with this chapter may be declared by the Board of Commissioners to be a public nuisance and abatable as such.