[HISTORY: Adopted by the Board of Commissioners of the Township
of Vanport 5-14-1974 by Ord. No.
200. Amendments noted where applicable.]
It shall be unlawful for any person, partnership, business or
corporation to undertake or cause to be undertaken the excavation,
filling and/or grading of any land within the municipality unless
an approved permit has been obtained from the Zoning Officer.
For the purposes of this chapter, the following definitions
shall apply:
Any rock, natural soil or fill and/or any combination thereof.
The mechanical removal of earth material.
The deposition of earth material.
Any excavating or filling or combination thereof.
Any person, persons, partnership, business or corporation.
Application for such a permit shall be made, in writing, to
the Zoning Officer on forms supplied by the municipality. Such application
shall contain at least the following:
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, tract and house and street address or similar description
which will readily identify and definitely 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 Zoning
Officer.
The Zoning 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 Zoning 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 Zoning Officer.
In addition to the permit, the Zoning 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
and the date of its issuance and be signed by the Zoning Officer.
A.
The proposed work shall begin within six months after the date of
issuance of the permit or the permit shall expire unless a time extension
is granted, in writing, by the Zoning Officer.
During the permitted work period, the Zoning 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 that the Zoning 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 Zoning Officer shall revoke the permit and report
such fact to the Vanport Township Commissioners.
[Amended 12-12-1997 by Ord. No. 281]
Applications for a permit shall be accompanied by a fee, payable
to the municipality, based upon the estimated cost of the proposed
work as determined by the Zoning Officer in the amounts set forth
in the Fee Schedule, adopted from time to time by resolution of the
Board of Commissioners.[1]
[1]
Editor's Note: The Fee Schedule is on file in the Township
offices.
Any person aggrieved by the Zoning Officer's estimate of
the cost of the proposed work may appeal to the Vanport Township Commissioners.
Such appeal must be filed, in writing, within 30 days after the determination
by the Zoning Officer. Upon receipt of such appeal, the Vanport Township
Commissioners shall set a time and place not fewer 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 Vanport Township Commissioners shall
be final in all cases.
[Amended 12-12-1997 by Ord. No. 281]
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 Zoning Officer or any other
authorized employee of the municipality shall be guilty of an offense
and, upon conviction, shall pay a fine to Vanport Township of not
more than $600, plus costs of prosecution. In default of such payment,
such person shall be imprisoned in county prison for a period not
to exceed 30 days. Each day during which any 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 Vanport Township Commissioners
to be a public nuisance and abatable as such.
