Except as otherwise hereinafter permitted, no person, firm, partnership, corporation or association shall excavate and/or remove earth and stones from any private property without first obtaining a permit therefor in accordance with this article.
[HISTORY: Adopted by the City Council of the City of Farrell as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-20-1982 by Ord. No. O-9-1982]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Applications for permits shall be made upon forms provided by the Code Enforcement Officer and shall:
A.
Contain a description of the land involved by plan and lot number designation, street number designation or other adequate and sufficient designation.
B.
State the reason for and the purpose to be accomplished by the excavation and/or removal of earth and stones.
C.
Describe the excavation and/or removal, including depth, width, length and amount of earth and stones to be removed.
D.
Be accompanied by a non-refundable fee as established from time to time by resolution of City Council.
The Code Enforcement Officer shall review the application, make whatever investigation he deems advisable and necessary and shall grant the permit if the excavation and/or removal of said earth and stones shall neither be a danger to persons nor detrimental to adjoining property, buildings, utility poles, lines, mains and rights-of-way. In determining that it shall or shall not be a danger to persons or property, the Code Enforcement Officer shall take into account the contours and elevations of the subject property, adjoining properties and adjoining rights-of-way, if any. He shall also consider structures, utility poles, lines and mains adjoining the subject property located in, under and upon adjoining rights-of-way and properties. Further, if the Code Enforcement Officer deems it necessary that a contour map or survey be furnished showing the elevations of the subject property in order to make this determination, he shall request the applicant to furnish such contour map or survey specifying the contour line intervals which he shall require.
The Code Enforcement Officer shall have the duty, and may prescribe if deemed necessary for the protection of life and property, as part of the permit, any terms and conditions under which the excavation and removal shall be permitted.
Notwithstanding anything hereinbefore stated to the contrary, the following activities shall not constitute a violation of this article:
A.
Excavation and/or removal of earth and stones for the purpose of planting trees, shrubs, bushes and plants.
B.
Excavation and/or removal of earth and stones for the purpose of gardening.
C.
Excavation and/or removal of earth and stones for the purpose of installing utility poles, lines, mains, pipes or conduits.
D.
Excavation and/or removal of earth and stones for the purposes of erecting or constructing improvements under authority of a validly issued and existing building permit.
E.
Excavation and/or removal of earth and stones for the purpose of grading the property.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Each day that excavation and/or removal shall take place without the requisite permit shall constitute a separate violation, punishable as set forth in Subsection B below.
B.
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000, plus costs, or to a term of imprisonment not to exceed 90 days, or both.