[HISTORY: Adopted by the Borough Council of the Borough of Freedom 9-24-1974
as Ord. No. 426; amended in its entirety at time of adoption
of Code; see Ch. 1, General Provisions, Art. I. Subsequent amendments noted
where applicable.]
It shall be unlawful for any person, partnership, business or corporation
to undertake or cause to be undertaken the excavation, filling and/or grading
of any land within the municipality unless an approved permit has been obtained
from the Municipal Code Enforcement Officer.
For the purposes of this chapter, the following definitions shall apply:
Any rock, natural soil or fill and/or any combination thereof.
The mechanical removal of earth material.
The deposition of earth material.
Any excavating or filling or combination thereof.
Any person, persons, partnership, business or corporation.
Application for such a permit shall be made, in writing, to the Code
Enforcement Officer on forms supplied by the municipality. 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.
D.Â
An estimate of the value 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 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 be signed by the Code Enforcement Officer.
A.Â
The proposed work shall begin within six (6) 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 of 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 such fact to the Borough Council
for whatever action it considers necessary.
Application for a permit shall be accompanied by a fee, payable to the
municipality, based upon the estimated cost of the proposed work as determined
by the Code Enforcement Officer at the following rates:
|
Estimated Cost
|
Fee
|
|---|---|
|
Less than $1,500
|
$0.00
|
|
$1,500 to $5,000
|
$5.00
|
|
More than $5,000
|
$1.00 for each additional
|
|
$1,000 or portion thereof
|
Any person aggrieved by the Code Enforcement Officer's estimate
of the cost of the proposed work may appeal to the Freedom Code Review and
Appeal Board. Such appeal must be filed, in writing, within thirty (30) days
after the determination by the Code Enforcement Officer. Upon receipt of such
appeal, the Freedom Code Review and Appeal Board shall set a time and place
not less than ten (10) nor more than thirty (30) days 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. The determination
of the estimated cost by the Code Enforcement Officer shall be final in all
cases.
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 municipality shall be guilty of an offense and, upon conviction,
shall pay a fine to the Borough of Freedom of not more than six hundred dollars
($600.), plus costs of prosecution. In default of such payment, such person
shall be imprisoned in county prison for a period not to exceed thirty (30)
days. Each day during which any violation of this chapter continues shall
constitute a separate offense. In addition to the above penalties, 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 noncompliances within a reasonable time. Any
excavation, filling and/or grading in noncompliance with this chapter may
be declared by the Borough Council of the Borough of Freedom to be a public
nuisance and abatable as such.
