The purpose of this chapter is to provide minimum standards
to safeguard persons, to protect property and to promote the public
welfare by regulating and controlling the design, construction, quality
of materials, use, location and maintenance of grading, excavations
and fills.
Wherever used in this chapter, the following words shall have
the meanings indicated:
BUILDING PERMIT
A permit required for the construction, erection or alteration
of a structure or building, issued pursuant to the provisions of borough
ordinances and/or building codes.
EXCAVATION
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.
FILL
Any act by which earth, sand, gravel, rock or other material
is deposited, placed, pushed, dumped, pulled, transported or moved
to a new location and shall include the conditions resulting therefrom.
GRADE
The elevation of the existing ground surface at the location
of any proposed excavation or fill.
GRADING
Excavation or fill or any combination thereof and shall include
the conditions resulting from any excavation or fill.
PERSON
A natural person, but shall also include a partnership or
corporation.
Before issuing a grading permit, the Borough Secretary or Borough
Manager shall collect a permit fee, as established from time to time
by resolution of Borough Council.
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 one year from the date
of issue, provided that the Borough Engineer may, if the permit holder
presents satisfactory evidence that unusual difficulties have prevented
work from 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 the
expiration of the permit. In addition, if any activity requiring a
permit under this chapter is inactive or dormant for a period of six
months, the permit lapses and/or expires and any new activity will
require a new permit procedure, as indicated in this chapter.
Any person violating any of the provisions of this chapter shall,
upon conviction, be sentenced to pay a fine of not more than $600
for each offense and, in default of the payment of said fine and costs
of prosecution, shall be imprisoned for a period of up to 30 days.
Each day that such violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable as such
hereunder.
Every applicant shall make adequate provisions to prevent erosion
and surface waters from damaging the cut-face of an excavation or
the sloping surface of a fill and shall provide cover or any other
suitable procedures, as directed by the borough engineer, to address
any environmental protection requirement.