[Ord. 689, 3/23/2016]
1. 
Neither the issuance of a grading permit nor compliance with this chapter or any conditions imposed by the administrator shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the Township, its employees, and its consultants for damages to any person or property.
2. 
The permit holder and property owner shall be fully responsible for any noncompliance with approved plans. They shall carry the responsibility both for their own employees and for all subcontractors from the first day of grading until released by the Township. The use of qualified personnel experienced and knowledgeable in the practice of excavation and landscape restoration shall be required.
[Ord. 689, 3/23/2016]
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 chapter.
2. 
When written notice of a violation or noncompliance with any provision of this chapter has been given by the administrator to the applicant and property owner, such violation shall be discontinued immediately, unless the administrator has specifically designated a reasonable time limit for compliance. Any violation that continues after such notice shall be subject to the penalties provided in this chapter.
3. 
Any person, firm, partnership, or corporation violating any provision of this chapter shall be liable, on conviction thereof before a Magisterial District Judge, to a penalty of not less than $300 nor more than $1,000, plus costs, including reasonable attorneys' fees incurred by the Township. No judgement shall commence or be imposed, levied or be payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation of this chapter continues shall be considered a separate violation, unless the District Justice determines that there was a good-faith basis for the person violating this chapter to have believed that there was no violation, in which event there shall be deemed to have been only one such violation until the fifth day following the determination of a violation by the District Justice, and thereafter each day that a violation continues shall constitute a separate violation.
[Ord. 689, 3/23/2016]
In case any grading is performed by any person in violation of any of the provisions of this chapter, the proper officer of the Township, in addition to other remedies, may institute in the name of the Township any appropriate action or proceeding at law or in equity to prevent such unlawful grading and to restrain or abate such violation.
[Ord. 689, 3/23/2016]
1. 
Any applicant or permit holder aggrieved by the action of the administrator in denying, revoking, modifying or refusing to grant an extension of a grading permit, or by any other adverse determination of the administrator in accordance with this chapter, may appeal within 20 days of the date of the determination by filing a written request with the Township Manager for a Local Agency Law hearing. Upon receipt of a timely appeal, the appellant shall be afforded a Local Agency Law hearing. Any appeal shall be accompanied by a nonrefundable fee of $50 or such other amount as may be set by resolution of the Board of Commissioners, and the appellant shall pay for all advertising and court reporter costs incurred in connection with the hearing. The written request for a Local Agency Law hearing shall state the ground upon which the appeal is based.
2. 
The Board of Commissioners or any hearing officer or board designated by the Board of Commissioners shall promptly consider timely appeals from the provisions of this chapter or from the determinations of the administrator.
3. 
Any applicant or permit holder shall have the right to appeal to any court of competent jurisdiction from any decision or determination of the Board of Commissioners.