It shall be unlawful for any person, partnership, business or
corporation to undertake or cause to be undertaken the excavation,
filing and/or grading of any land within the Borough unless an approved
permit has been obtained from the Borough Building Permit Officer.
For the purposes of this chapter, the following definitions
shall apply:
EARTH MATERIAL
Any rock, natural soil or fill, and/or any combination thereof.
EXCAVATION
The mechanical removal of earth material.
FILLING
The deposition of earth material.
GRADING
Any excavating or filling or combination thereof.
PERSON
Any person, persons, partnership, business or corporation.
Application for such a permit shall be made in writing to the
Building Permit Officer on forms supplied by the Borough. Such application
shall contain at least the following:
A. The name and address of:
(2) The owner of the land on which the work will be performed.
(3) The contractor performing the work.
B. An identification and description of the work to be covered by the
permit for which application is made.
C. 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 definitively locate the proposed work.
D. An estimate of the value of the proposed work.
E. Such other information as reasonably may be required by the Building
Permit Officer.
The Building Permit 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 Building Permit Officer,
no changes of any kind shall be made to the application, permit or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the Building
Permit Officer.
In addition to the permit, the Building Permit 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, the date of its issuance and be signed by the Building
Permit Officer.
During the permitted work period, the Building Permit 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 the Building Permit Officer discovers that
the work does not comply with the permit application or any applicable
laws and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Building Permit Officer shall revoke the permit
and report such fact to the Borough Council for whatever action it
considers necessary.
[Amended 2-19-1996 by Ord. No. 1159]
Applications for a permit shall be accompanied by a fee, payable
to the Borough, based upon the estimated cost of the proposed work
as determined by the Building Permit Officer, in an amount to be established
from time to time by resolution of the Borough Council.
Any person aggrieved by the Building Permit Officer's estimate
of the cost of the proposed work may appeal to the Borough Council.
Such appeal must be filed, in writing, within 30 days after the determination
by the Building Permit Officer. Upon receipt of such appeal, the Borough
Council shall set a time and place, not less than 10 nor more than
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 Borough Council shall be final in all cases.
[Amended 2-19-1996 by Ord. No. 1159]
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 Building Permit Officer or any
other authorized employee of the Borough shall be guilty of an offense
and, upon conviction thereof, shall pay a fine of not less than $25
nor more than $1,000 plus costs and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 30 days. Each
day that a 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 to be a public nuisance and abatable as such.