[HISTORY: Adopted by the Borough Council of the Borough of Trafford 10-3-1989
as Ch. 99 of the 1989 Code. Amendments noted where applicable.]
After the passage of this chapter, it shall be unlawful for any person,
partnership, business or corporation to undertake or cause to be undertaken
the excavation, filling or grading of any land within the Borough of Trafford,
unless an approved permit, with a proper application filed therefor, has been
obtained and issued by the Code Enforcement Officer of the Borough of Trafford.
For the purpose of this chapter, the following definitions shall apply:
A combination of materials to form a permanent structure having walls
and a roof.
Any person, persons, partnership, business or corporation.
A combination of materials to form anything constructed or erected
on the ground or attached to the ground, including but not limited to buildings,
factories, sheds, cabins, carports, porches, driveways, swimming pools and
other similar items.
Application for such a permit shall be made, in writing, to the Code
Enforcement Officer of the borough on forms supplied by the borough with any
additions added thereto in writing which the applicant desires to furnish
to said Code Enforcement Officer. Such application shall contain at least
the following:
B.Â
An identification and description of the work to be covered
by the permit for which application is made.
C.Â
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, including a plot plan.
D.Â
An estimate of the costs of the proposed work.
E.Â
Such other information as reasonably may be required
by the Code Enforcement Officer.
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.
After the issuance of a permit by the Code Enforcement Officer, 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 consent or approval of the Code Enforcement Officer.
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 shall be signed by the Code Enforcement Officer.
A.Â
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.
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 municipal laws and ordinances. In the event that the
Code Enforcement Officer discovers that the work does not comply with the
permit application or any applicable laws and ordinances, the Code Enforcement
Officer shall revoke the permit and report such fact to the Council and Mayor
of the Borough of Trafford.
[Amended 10-20-1998 by Ord. No. 667]
Application for permit shall be accompanied by a fee as set forth form
time to time by resolution of the Borough Council, payable to the Borough
of Trafford.
A.Â
Any person aggrieved by the decision of the Code Enforcement
Officer may appeal to the Zoning Board of Appeals of the Borough of Trafford
within 30 days after the determination by the Code Enforcement Officer.
B.Â
Such appeal must be filed, in writing, within 30 days
after said determination. Upon receipt of such appeal, the Zoning Board of
Appeals of the Borough of Trafford shall set a time and place, not more than
30 days thereafter, for the purpose of hearing the appeal. Notice of the time
and place of the hearing of the appeal shall be given to all parties at which
time they may appear and be heard.
C.Â
All costs of said appeal, including secretarial charges,
shall be paid by the appellant and secured by depositing a sum set forth from
time to time by resolution of the Borough Council.
[Amended 10-20-1998 by Ord. No. 667]
It is to be recognized by the Code Enforcement Officer and the Zoning
Board of Appeals of the Borough of Trafford that driveways and approaches
from a public and dedicated street act as a necessity for development of a
plan. Permits for such construction cannot be refused, provided that proper
drainage facilities and surface water control are provided as a condition
for said permits.
[Amended 5-10-2005 by Ord. No. 702]
Any person who fails to comply with any or all of the requirements or
provisions of this chapter or who fails or refuses to comply with any notice,
order or direction of the Code Enforcement Officer or any other authorized
employee of the Borough of Trafford shall be guilty of an offense and, upon
conviction, shall pay a fine to the Borough of Trafford of not less than $100
nor more than $1,000 for each violation, plus costs of prosecution. Each day
during which any violation of this chapter continues shall constitute a separate
offense. In addition to the above penalty, all other actions are hereby 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 noncompliance within a reasonable time. Any excavation,
filling and/or grading in noncompliance with this chapter may be declared
by the Code Enforcement Officer of the Borough of Trafford or the Council
of the Borough of Trafford to be public nuisance and abatable as such.
