[Adopted 4-14-1975 by Ord. No. 4-14-75A]
40.1.1.
Title. This ordinance shall be known and may be cited as the "Bethel
Park Municipal Grading Ordinance."
40.1.2.
Purpose. The purpose of this ordinance is to provide minimum standards
to safeguard persons and property, to protect and to promote the public
welfare by preventing excess erosion, hazardous rock and soil slippage,
sediment production and other soil and water management problems,
and by regulating and controlling the design, construction, quality
of materials, use, location and maintenance of grading, excavation
and fill.
40.2.1.
Wherever used in this ordinance, the following words shall have the
meanings indicated:
40.2.2.
ADMINISTRATOR — The person qualified and officially appointed
by the Municipal Council to manage this ordinance.
40.2.3.
BEDROCK — Natural rock layer, hard or soft, in place at the
ground surface or beneath unconsolidated surficial deposits.
40.2.4.
BUILDING PERMIT — A permit issued by the Code Official pursuant
to the provisions of the Bethel Park Building Code for the construction,
erection or alteration of a structure or building.
40.2.6.
ENGINEERING GEOLOGIST — A person who holds a degree in geology
from an accredited college or university and who has training and
experience in the field of engineering geology.
40.2.7.
ENGINEER, PROFESSIONAL — A person licensed by the Commonwealth
of Pennsylvania to practice engineering and who is knowledgeable in
the branch of civil engineering.
40.2.8.
EROSION — The detachment and movement of soil or rock fragments
by water, wind, ice or gravity, including such processes as gravitational
creep.
40.2.9.
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, including the conditions
resulting therefrom.
40.2.10.
FILL — Any act by which earth, sand, gravel, rock or any
other material is deposited, placed, pushed, dumped, piled, transported
or moved to a new location, including the condition resulting therefrom.
40.2.11.
GOVERNING BODY — The Council of the Municipality of Bethel
Park.
40.2.12.
GRADING — Any excavation or fill, or any combination thereof,
including the conditions resulting from any excavation or fill.
40.2.13.
GRADING PERMIT — Any permit required under this ordinance.
40.2.14.
HAZARD — A danger or potential danger to life, limb or
health, or an adverse effect or potential adverse effect to the safety,
use or stability of property, waterways, public ways, structures,
utilities and storm sewers, including stream pollution.
40.2.15.
INSPECTOR — The Administrator or his authorized representative
whose duty it is to administer compliance with this ordinance.
40.2.16.
MUNICIPALITY — The Municipality of Bethel Park.
40.2.17.
MUNICIPAL ENGINEER — That person duly appointed by the
municipal officials to act in such capacity. He shall be the Administrator
of this Grading Ordinance.
40.2.18.
PERSON — A natural person, but also including a partnership,
corporation, trust or association.
40.2.19.
SITE — A lot, tract or parcel of land, or a series of
lots, tracts or parcels of land which are adjoining where grading
work is continuous and performed at the same time.
40.2.20.
SOILS ENGINEER — A person registered by the Commonwealth
of Pennsylvania as a professional engineer and who has training and
experience in the branch of soils engineering.
40.2.21.
SOIL SURVEY — The published and operational soil survey
for Allegheny County, Pennsylvania, and the accompanying text, "Soil
Survey Interpretations of Allegheny County, Pennsylvania," as prepared
by the United States Department of Agriculture Soil Conservation Service
et al. When applicable, "soil survey" shall mean "Soil Survey, Allegheny
County, Pennsylvania."
40.2.22.
SOLID WASTE — All, or combinations of, ashes, garbage,
refuse, radioactive material, combustible demolition materials and
industrial waste such as food-processing wastes, wood, plastic, metal
scrap, etc.
40.3.1.
New grading, excavations and fills, or changes, additions, repairs
or alterations made to existing excavations and fills, shall conform
to the provisions of this ordinance.
40.4.1.
A grading permit must be obtained from the Administrator for new
grading, excavations and fills, or for changes, additions or alterations
made to existing excavations or fills, all of which shall conform
to the provisions of this ordinance. A separate grading permit shall
be required for each site. One permit may cover the grading, excavation
and fill made on the same site. If excavated material is to be removed
from a grading site, it shall be noted on the application. Such off-site
disposal may require the securing of a separate grading permit. A
grading permit must be obtained where tree cutting or timber harvesting
will result in significant soil disturbance, erosion or sedimentation
production.
[Amended 1-10-2005 by Ord. No. 01-10-05B]
40.4.2.
Only one permit shall be required for the grading of a large continuous
parcel of land for a proposed major planned development, such as residential
planned unit development or a planned industrial park, when adequate
standards or requirements for grading the parcel are approved by the
Administrator.
40.5.1.
A grading permit will not be required when:
1.
The fill amount does not exceed 25 cubic yards on any one site.
2.
Grading does not exceed new construction authorized by a building
permit properly issued by the Building Inspection Department. Grading
under the authorization of a building permit shall follow the standards
and requirements of this ordinance.
40.5.2.
No exceptions are permitted when the proposed grading activities
are to take place in a designated floodplain.
[Added 6-8-1981 by Ord. No. 6-8-81C]
40.6.1.
Whenever the Administrator determines that any existing excavation, embankment or fill has become a hazard as defined in Section 40.2 of this ordinance, the owner of the property upon which the excavation, embankment or fill is located, or other person or agent in control of said property, upon receipt of notice from the Administrator, shall, within 24 hours or other reasonable period specified therein, repair, reconstruct or remove such excavation, embankment or fill so as to eliminate the hazard.
40.6.2.
If, after such notification, the property owner or his agent has
not made the necessary repairs within the time specified, then the
Municipal Council may direct municipal employees or hired personnel
to make the required repairs, and the cost thereof shall be borne
by the property owner, said costs to be collected in the manner provided
by law, including the imposition of a lien against the property.
40.7.1.
Every applicant for a grading permit shall file a written application
therefor with the Administrator, in a form prescribed by the Administrator.
Such application shall:
1.
Describe the land on which the proposed work is to be done by lot,
block, tract or street address, or a similar description which will
readily identify and definitely locate the proposed work.
2.
Be accompanied by plans and specifications prepared, signed and sealed
by a professional engineer, giving a reasonable picture of the site
and proposed soil erosion controls, if any.
a.
Such plans shall include a description of the site proposed for grading;
the accurate location by lot, block, tract, street address, a location
map or other similar information; a contour map showing the present
contours of the land and the proposed contours of the land after completion
of the proposed grading; and a plan showing cross sections of the
proposed cut or fill which show the method of benching both cut and/or
fill. In addition, a plot plan shall show the location of the grading,
boundaries, lot lines, neighboring streets or ways, buildings, surface
and subsurface utilities and waterways. In addition, plans shall include
a description of the type and classification of the soil from the
soil survey or better; details and location of any proposed drainage
structures and pipes, walls and cribbing; seeding and/or planting
locations and schedules, debris basins and diversion channels; the
nature of fill material; and such other information as the Administrator
may need to carry out the purposes of this ordinance. All plans shall
be dated and bear the name and seal of the professional engineer who
prepared the same, the name of the applicant and the owner of the
land. Plans shall be submitted in triplicate, one set of which shall
be of reproducible nature.
b.
The Administrator may waive the preparation by a professional engineer
when it is evident that the proposed work is simple, is clearly shown
on the plans submitted, creates no potential nuisance or hazard to
adjacent property and does not include the construction of a fill
upon which a structure is to be erected.
3.
State the estimated dates for the commencement and completion of
grading work.
4.
State the purpose for which the grading application is filed.
5.
State whether excavated material is to be used as on-site fill or if it is to be removed from the site. If material is to be removed from the site, the location and quantity of such disposal must be stated in the application. A separate grading permit may be required for such off-site fill as herein required under Section 40.4 of this ordinance.
40.7.2.
The Administrator may require, from the applicant or the applicant's
engineer, information and reports from governmental agencies and scientific
and/or engineering journals, if available, and professional engineers
and/or engineering geologists, if necessary. This information and
these reports must be of sufficient detail to ensure that proposed
grading will not create a hazard and that there will be minimum of
soil erosion on the site to be graded.
40.7.3.
To be adequate, a geological report shall include a detailed description
of the geological conditions of the site and shall also include conclusions
and recommendations that will demonstrate the relationship of the
geological conditions to the proposed development, including hazardous
conditions, water resources, mineral resources and environmental impact.
A soil conservation report shall include an existing site description
as to topography, drainage, cover and soils; major resource problems
as to soil limitations, erosion, sediment potential and surface runoff
changes; and recommendations to minimize soil limitations, erosion,
sediment and surface water disposal problems.
[Amended 11-12-2012 by Ord. No. 11-12-12B]
40.8.1.
The Administrator shall receive the applications and shall collect
all fees. The Administrator shall review all applications and shall
indicate the approval thereon. In the event of disapproval, the Administrator
shall note the reasons therefor, a copy of which shall be sent to
the applicant.
40.8.2.
Before issuing a grading permit, the Administrator shall collect
a permit fee based upon the volume of material to be graded. The fee
shall be set in accordance with a schedule of fees, charges, or expenses
as determined by Municipal Council.
40.9.1.
Before issuance of a grading permit, the applicant shall post $200
in cash plus a performance bond, corporate surety or other approved
security in the amount of 20% of the estimated cost of grading work
and erosion control facilities proposed, to guarantee that said work
and facilities will be completed in a satisfactory manner and meet
the requirements of this ordinance. No bond shall be required if another
bond or other approved security is posted for construction and/or
site improvements. When all requirements of this permit have been
met and the work has been completed in a satisfactory manner, the
security shall be replaced with a maintenance bond guaranteeing the
work for a period of two years after completion thereof.
40.10.1.
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 Municipal Council, acting upon the recommendation
of the Administrator, 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 expiration of the permit.
40.11.1.
When the requirements of this ordinance for obtaining a permit
have been met, the Administrator shall approve the proposed plan and
grant a grading permit to the applicant. Approved work may then start.
However, when, in the opinion of the Administrator, work proposed
by the applicant is likely to endanger any property or person, or
any street or alley, or create hazardous conditions, the grading permit
shall be denied. In determining whether the proposed work is likely
to endanger any property or any street or alley, or create hazardous
conditions, the Administrator shall give due consideration to possible
saturation by rains, earth movements, runoff surface waters and subsurface
conditions such as the stratification and faulting of rock, aquifers,
springs and the nature and type of the soil or rock.
40.11.2.
The Municipal Council shall, within 45 days, consider appeals
from the decision of the Administrator or from the denial of a permit
by the Administrator, and the Municipal Council, within 45 days, shall
consider alternate methods, standards or materials proposed by the
developer when, in its opinion, strict compliance with the provisions
of this ordinance is unwarranted or creates undue hardship. Any applicant
or permit holder shall have the right to appeal to any court of competent
jurisdiction from any decision of the Municipal Council under the
provisions of applicable state law relating to appeals.
40.12.1.
The permittee or his agent shall notify the Administrator in
writing of the start and completion of each continuous grading operation.
Notice shall be received by the Administrator, or at his office, at
least two working days before the start or completion of grading operations.
40.12.2.
Plans for grading work, bearing the stamp of approval of the
Municipal Engineer, shall be maintained at the site during the progress
of the grading work and until the work has been approved.
40.12.3.
Grading work at the various stages, or at any other time, will
be subject to spot inspections at the discretion of the Administrator,
to determine that the work is being performed in compliance with this
ordinance.
40.12.4.
Any physical changes in the site, such as surface water drainage,
soil and bedrock dislocations, alteration of groundwater discharge
or any other natural or man-made modification which would cause a
doubt to be cast upon the feasibility of the contents of the original
permit approval, must be reported to the Administrator within 24 hours
of discovery of such condition. Failure to do so is deemed as just
reason for revocation of the permit and forfeiture of the security.
40.12.5.
In special cases, when grading occurs in areas of landslide-prone
soil as recognized by the soil survey or better, the Administrator
may require special precautions and/or soil tests from the grader.
The results of all soil tests and core borings made relating to the
side graded shall be submitted to the Administrator, the cost of such
tests and reports to be borne by the permittee.
40.13.1.
Maximum slope steepness of a cut shall be three horizontal to
one vertical for minimizing erosion and landslide hazards. However,
a governmental review agency, professional engineer or engineering
geologist may recognize the types of soil on the site to be graded
from the soil survey or better. Maximum slopes can then be determined
as follows:
1.
Landslide-prone soils where existing slopes are of a gradient greater
than 25% shall have cut slopes no steeper than three horizontal to
one vertical. Soil survey map symbols are: 34-DE-6, 34-E-2, 34-F-1,
65-E-2.
2.
Landslide-prone soils where existing slopes are of a gradient less
than 25% shall have cut slopes no steeper than two horizontal to one
vertical. Soil survey map symbols are:
|
32-B-2
|
34-C-2
|
65-C-2
|
67-C-2
|
32-C-2
|
34-D-2
|
65-D-2
|
67-D-2
| |
|
34-B-2
|
65-B-2
|
67-B-1.
|
3.
Soils which are not landslide-prone, or have a low probability of
being landslide-prone, shall have a slope no steeper than two horizontal
to one vertical. All soil survey map symbols except the symbols listed
above denote soils of low landslide probability.
40.13.2.
Cut slopes.
1.
Cut slopes which are steeper than those specified above may be allowed
under a grading permit, at the discretion of the Administrator, provided
that one or both of the following are satisfied:
a.
The material in which the execution is made is sufficiently stable
to sustain a slope steeper than the slope specified above for recognized
soil conditions on the site. A written statement, signed and sealed
by a professional soils engineer, stating that the steeper slope will
have sufficient stability and that the risk of creating a hazard will
be slight, must be submitted to the Administrator for approval.
b.
A retaining wall or other approved support, designed by a professional
engineer and approved by the Administrator, is provided to support
the face of the excavation.
3.
The top or bottom edge of slopes shall generally be set back three
feet from adjacent property lines or street right-of-way lines in
order to permit the normal rounding of the edge without encroaching
on the abutting property or street.
4.
Excavations shall not extend below the angle of repose or natural
slope of the soil under the nearest point of any footing or foundation
of any building or structure unless such footing or foundation is
first properly underpinned or protected against settlement or movement.
5.
Before commencing any excavation which will in any way affect an
adjoining property or structures thereon, the person making or causing
the excavation to be made shall notify in writing the owners of the
adjacent property or buildings, not less than 30 days before such
excavation is to be made, that the proposed excavation is to be started.
Adjoining properties and structures shall be protected as provided
in the Municipality's Building Code as is then on file in the
office of the Building Inspector and/or as required by the Administrator.
6.
Guidelines for cuts in the Erosion and Sediment Control Handbook
for Allegheny County, Pennsylvania, shall be followed. One or a combination
of guidelines shall be used to minimize hazards, depending on site
conditions and proposed grading.
40.14.1.
No fill shall be made in a residentially zoned area of the municipality
or with an exposed face adjacent to such a district which creates
a slope steeper than two horizontal to one vertical, except under
one or more of the following conditions:
1.
The fill, in the opinion of the Municipal Engineer, is located so
that settlement, sliding or erosion of the fill material will not
result in property damage or be a hazard to adjoining property, streets,
ways or buildings.
2.
A written statement from a professional civil engineer, licensed
by the Commonwealth of Pennsylvania and experienced in soils engineering,
certifying that he has inspected the site and that the proposed deviation
from the standard specified slopes will not endanger any property
or result in personal hazard or property damage is submitted to approved
by the Administrator.
40.14.2.
In issuing permits, the Administrator may impose conditions
requiring that a fill be constructed with an exposed surface flatter
than two horizontal to one vertical, if under the particular circumstances
involved such flatter surface is necessary for stability and for the
safety of persons and property.
40.14.3.
Whenever a fill is to be made of materials other than clean
soil or earth, the grading permit shall be subject to the following
additional limitations and requirements:
1.
The fill shall be completed within a reasonable length of time as
determined by the Municipal Engineer and so specified on the grading
permit.
2.
Clean soil or earth shall be placed over the top and exposed surfaces
of the fill to a depth sufficient to effectively conceal all materials
used in the fill other than clean soil or earth. If the filling operation
is intermittent, the Administrator may require that the top and exposed
surfaces of the fill be so covered at the completion of each such
interruption.
3.
No fill of any kind shall be placed over trees, stumps or other materials
which could create a nuisance or be susceptible to attracting rodents,
termites or other pests.
4.
No grading permit shall be issued for the filling of materials other
than clean soil or earth until a faithful performance bond in the
amount of at least 20% more than the Municipal Engineer's estimated
cost of adequately covering such fill with clean soil or earth has
been furnished to the municipality. Such bond shall be executed by
a corporate surety, as well as by the principal, and shall be subject
to the approval of the Municipal Solicitor as to form. The bond shall
inure to the benefit of the municipality and be conditioned upon the
faithful performance of the work required under the terms and conditions
of the grading permit to the satisfaction of the Municipal Engineer.
In lieu of such bond, a cash deposit or a certified check in the same
amount may be made with the Municipal Treasurer.
[Added 6-8-1981 by Ord. No. 6-8-81C]
40.14.4.
Standards for Floodplains and Watercourses.
1.
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse until all adjacent municipalities which may
be affected by such action have been notified by the municipality,
and until all required permits or approvals have been first obtained
from the Department of Environmental Resources, Bureau of Dams, Waterways
and Wetlands or any other applicable governmental agencies.
3.
Any new construction, development, uses or activities allowed within
any identified floodplain area, shall be undertaken in strict compliance
with the provisions contained in this ordinance and any other applicable
codes, ordinances and regulations.
40.15.1.
All fills shall be compacted to provide stability of fill material
and to prevent undesirable settlement or slippage. Fills shall be
compacted using modern methods and equipment. Fills shall be constructed
under the supervision of a qualified soils engineer who shall certify
in writing as to the adequacy of the compaction, and he shall submit
results of the compaction tests to the Municipal Engineer.
40.15.2.
The top or bottom edge of slopes shall, generally, be set back
three feet from adjacent property lines or street right-of-way lines
in order to permit the normal rounding of the edge without encroaching
on the abutting property or street.
40.15.3.
Guidelines for fills in the Erosion and Sediment Control Handbook
for Allegheny County, Pennsylvania, shall be followed. One or a combination
of guidelines shall be used to minimize hazards, depending on site
conditions and proposed grading.
40.16.1.
All grading shall be done in conformity with the requirements
of the Pennsylvania Department of Environmental Protection and the
Allegheny County Conservation Soil District. Reports and plans required
to be submitted to these agencies shall also be submitted to the Municipality.
[Amended 11-12-2001 by Ord. No. 11-12-2001E]
40.16.2.
Guidelines for minimizing erosion and sediment in the Erosion
and Sediment Control Handbook for Allegheny County, Pennsylvania,
and the Erosion and Sedimentation Pollution Control Program Manual
(March, 2000 et seq.), Bureau of Water Quality Protection Division
of Waterways, and Erosion Control, Pennsylvania Department of Environmental
Protection, Office of Water Management, shall be followed. One or
a combination of guidelines shall be used to minimize hazards, depending
on site conditions and proposed grading. However, the Administrator
may approve grading plans not meeting guidelines of the Handbook if
proposed grading will not constitute a hazard. Governmental and/or
engineering reports shall be used as evidence that proposed grading
will not constitute a hazard.
[Amended 11-12-2001 by Ord. No. 11-12-2001E]
40.16.3.
All slopes shall be sown with crown vetch or other approved
anti-erosion vegetation.
40.16.4.
Care shall be taken to prevent erosion and sedimentation entering
adjoining streams. Approved anti-erosion devices shall be installed
where directed to achieve this requirement.
40.16.5.
The owners of property, whose sites are one acre or greater
in size, on which grading work or other significant disturbance of
the soil would occur or any other activity which would increase surface
water runoff in an uncontrolled manner, shall obtain the proper permits
for controlling erosion, sedimentation and stormwater flows from the
Allegheny County Soil Conservation District which authorizes the discharges
from grading, excavation, or fill activities.
[Added 11-12-2001 by Ord. No. 11-12-2001E]
40.17.1.
RETAINING WALL
As used in this section, the following terms shall have the
meanings indicated:
A structure composed of concrete, steel or other approved
building material constructed for the purpose of supporting a cut
or fill embankment which would otherwise not comply with the requirements
of the standards set forth in this ordinance, and which is more than
four feet in maximum height as measured on the exposed vertical surface
of the wall.
40.17.2.
If a retaining wall is constructed to satisfy a requirement
of this ordinance, a building permit, as provided for by other municipal
regulations, shall not be required. The grading permit will apply
to the retaining wall, but the requirements for inspection, etc.,
as stated herein are applicable.
40.17.3.
Retaining walls must be constructed in accordance with sound
engineering practice. The plans submitted for approval shall bear
the seal of a professional engineer.
40.17.4.
The backfilling of retaining walls and the insertion of subterranean
drainage facilities shall be done strictly in accordance with the
provisions of this ordinance and the appropriate municipal specifications.
40.17.5.
In general, where a wall is replacing an exposed slope, the
vertical face of the wall shall be set back a minimum of three feet
from the adjoining property.
1.
A special exception to this requirement may be applied for and granted
by the Administrator if it can be satisfactorily demonstrated that
such a variance is necessary to permit normal use of the property,
i.e., for a sideline driveway, or other reasonable considerations.
2.
The requirement of this subsection may also be set aside when the
proposed retaining wall is a joint venture between adjacent property
owners, and appropriate documents so stating are filed with the application
for the permit.
40.18.2.
Such drainage provisions shall be indicated on the grading plans
submitted for approval.
40.18.3.
To prevent damage, grading plans shall follow Vegetative Control
Methods and Ditch and Conduit Control Methods in the Erosion and Sediment
Control Handbook for Allegheny County, Pennsylvania, when they are
applicable to the site. The Administrator may approve methods and
materials recommended by governmental agencies and professional engineers
when they are more suitable to the site in preventing damage. Drainage
facilities shall be designed to accommodate the severest storm that
might occur during a twenty-five-year period.
40.19.1.
At the top of all cut or fill slopes which are steeper than
two horizontal to one vertical, and eight or more feet in total height,
a chain-link fence not less than four feet in height, and of a design
meeting the approval of the Municipal Engineer, shall be erected.
40.19.2.
The owner of the property being graded shall be responsible
to protect and clean up lower properties of silt and debris which
has washed down onto the lower properties as a result of the grading
work on the higher property.
40.19.3.
In order to prevent the denuding of the landscape, wherever
practicable, large trees and other natural features constituting important
physical, aesthetic and economic assets to existing or impending development
work shall be preserved.
40.19.4.
When grading activity is to take place in the floodway (FW)
portion, the effect of such grading must be fully offset by accompanying
improvements.
[Added 6-8-1981 by Ord. No. 6-8-81C]
40.20.1.
The owner of any property upon which an excavation or fill has
been made shall maintain in good condition and repair the excavation
or fill constructed, and also all retaining walls, cribbing, drainage
structures, fences, ground cover and any other protective devices
as may be a part of the permit requirements.
40.20.2.
If, at any time subsequent to the completion of the grading
work, the cut face or fill slope shall evidence signs of deterioration,
erosion or other evidence which might be detrimental to the properties
above and below the graded site, the Administrator may direct the
property owner to take necessary remedial steps in accordance with
the sound engineering practice to restore the grading to a safe condition,
and to do so in a reasonable period of time.
40.21.1.
Neither the issuance of a permit under the provisions of this
ordinance nor compliance with the provisions hereto or with any condition
imposed by the municipal official hereunder shall relieve any person
from any responsibility for damage to persons or property resulting
therefrom, or as otherwise imposed by law, nor impose any liability
upon the Municipality for damages to persons or property.
40.21.2.
Compliance with the requirements of this ordinance shall be
incumbent upon the person performing any grading, the presence or
absence of an inspector notwithstanding.
40.22.1.
No person shall construct, enlarge, alter, repair or maintain
any grading, excavation or fill, or cause the same to be done, contrary
to or in violation of any provision of this ordinance.
40.22.2.
When notice of any violation of, or noncompliance with, the
provisions of this ordinance has been given by the Administrator or
the Code Enforcement Officer, or their representative, to any person,
such violation shall be discontinued immediately or within a reasonable
time limit specified in such notice. If such violation is not discontinued
or extends beyond the specified time limit, the Administrator shall
revoke the grading permit, and the violator shall be subject to the
applicable penalty.
40.22.3.
Any person violating any of the provisions of this ordinance
shall be liable, on conviction thereof, to a penalty not exceeding
$100. Whenever such person shall have been notified by the Code Enforcement
Officer, by service of summons in a prosecution, or in any other way,
that he is committing such violation of this ordinance, each day that
he shall continue such violation after such notification shall constitute
a separate offense punishable by a like fine or penalty. Such fines
or penalties shall be collected as like fines or penalties are now
by law collected.
40.22.4.
Any violation of the provisions of this ordinance, when certified
in writing by the Administrator, shall incur the automatic forfeiture
of the cash bond of $200 required to be deposited under completion
and performance guaranties section of this ordinance. This automatic
forfeiture is also applicable to partially satisfy costs incurred
as referred to in hazardous conditions section of this ordinance.
40.23.1.
In case any work is performed by any person in violation of
any of the provisions of this ordinance, the proper officer of the
Municipality of Bethel Park, in addition to other remedies, may institute
in the name of the Municipality of Bethel Park an appropriate action
or proceeding, whether by legal process or otherwise, to prevent such
unlawful work and to restrain or abate such violation.
40.24.1.
The provisions of this ordinance are severable, and if any of
its provisions or any part of any provision shall be held unconstitutional,
the decision of the court shall not affect or impair any of the remaining
provisions. It is hereby declared to be the intent of the Municipal
Council that this ordinance would have been enacted had such unconstitutional
provisions or parts thereof not been included herein.
40.25.1.
Any ordinance or parts of any ordinance conflicting with the
provisions of this ordinance shall be, and the same are hereby, repealed
to the extent of such conflict, and specifically Ordinance No. 8-12-68C
is repealed in its entirety.
