An ordinance of the Borough of New Britain, Bucks County, Commonwealth of Pennsylvania, providing for amendments to the Code of the Borough of New Britain; specifically adding Chapter
220 providing for grading, drainage, and erosion control regulations; repealing inconsistent ordinances or parts of ordinances; containing a savings clause, and providing for an effective date.
This chapter shall be known as "The New Britain Borough Grading
Ordinance."
For the purposes of this chapter, the following words shall
have the meanings indicated:
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 any 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, or other corporate or business entity.
SITE
A lot, tract or parcel of ground or a series of lots, tracts
or parcels of land, joined together, where grading work is continuous
and performed at the same time.
New grading, excavations, removal of soil and fills or changes,
additions, repairs, or alterations made to existing excavations and
fills shall conform to the provisions of this chapter, except that
this chapter shall not apply to work in a public street or alley or
in a Borough park, playground or recreation area or on other public
property.
No person shall commence or perform any grading, excavation,
removal of soil or fill without first having obtained a grading permit
from the Borough. A separate grading permit shall be required for
each site. One permit may cover both the excavation and any fill made
on the same site.
Every applicant for a grading permit shall complete the New
Britain Borough Grading Permit Application Form.
Before a grading permit may be issued, the applicant shall pay
a fee as set by resolution of Borough Council.
Every grading permit shall expire 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 expiration of the permit.
The Borough Engineer may, when required, make inspections to
confirm that the, work performed complies with the standards of this
chapter and is occurring as stated or shown in the application. If
the Borough Engineer shall determine by inspection that the nature
of the work is likely to endanger person, property, or streets or
alleys, or otherwise create a hazardous condition, the Borough Engineer
may require as a condition to allowing the work to be done that such
reasonable safety precautions be taken as to the Borough Engineer
considers advisable to avoid such likelihood of danger.
Any person violating any of the provisions of this chapter shall
be liable on conviction thereof to a penalty not exceeding $1,000,
plus court costs and reasonable attorney's fees for each and
every offense, and whenever such person shall have been notified by
the Borough by service of a notice of violation of this chapter, summons
in a prosecution, or in any other way that he is committing such violation
of this chapter, 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. The Borough,
in addition to other remedies, may institute in the name of the Borough
any appropriate action or proceeding, whether by legal process or
otherwise, to prevent such unlawful work and to restrain or abate
such violation.