[HISTORY: Adopted by the Borough Council of the Borough of Brentwood 3-2-1982
as Ch. IX, Part 1, of the 1982 Code of Ordinances. Amendments noted where
applicable.]
[Amended 8-1-1995 by Ord. No. 1075]
No drilling for test bores, core samples, soil or geotechnical testing, structural characteristics testing or the testing, treatment or extraction of water, hydrocarbon fluids or other fluids and no excavating, grading or filling of land where the nature, extent, volume, degree or quantity, of any part thereof, to be conducted or undertaken within any period of 24 consecutive months, exceeds the limitations set forth in § 102-2 hereof, shall be conducted or undertaken within the Borough of Brentwood unless and until a permit is obtained therefor from the Code Enforcement Officer.
A permit shall be required in any of the following instances:
A.
Excavating, grading or filling involving a site exceeding
15,000 square feet in area.
B.
Excavating, grading or filling involving earth movement
exceeding an average of 1/3 cubic yard per square foot.
C.
Excavating, grading or filling involving a change in
ground elevation exceeding nine feet.
D.
Excavating, grading, filling or altering the ground surface
so as to affect the adjoining property, streets or other public facilities.
E.
Excavating, grading or filling in an area where significant
lateral or horizontal earth movement has heretofore occurred.
F.
All drilling of any bore or hole as described in this
chapter.
[Added 8-1-1995 by Ord. No. 1075]
Written application for a permit shall be made on a form prescribed
for that purpose and shall include submission of a plan in duplicate setting
forth the following:
A.
Existing contours.
B.
Proposed contours.
C.
All existing drainage facilities.
D.
Proposed drainage facilities.
E.
Proposed fencing, screening and landscaping.
F.
The number, location and proposed total subsurface depth
of each test bore or bore hole.
[Added 8-1-1995 by Ord. No. 1075]
G.
The depth below ground surface elevation of the top of
any coal seam and the name of that coal seam to be penetrated by or located
20 feet or less below the proposed bottom of each such test hole or bore hole.
[Added 8-1-1995 by Ord. No. 1075]
No permit shall be issued unless and until provision is made for complete
landscaping of the excavated, graded or filled area, for fencing of a height
of five feet of those areas where the finished grade exceeds 45° and for
adequate drainage.
[Amended 8-1-1995 by Ord. No. 1075]
If in the opinion of the Code Enforcement Officer the proposed excavating,
drilling, grading or filling will adversely affect soil stability and lead
to landslides or cause soil erosion and lead to flooding and drainage problems
or interfere with the use of and/or damage public streets or other utilities
or otherwise cause public or private detriment, he shall require the applicant
to submit a written report from a registered engineer licensed in the Commonwealth
of Pennsylvania which report shall include said engineer's opinion that
the proposed excavating, drilling, grading or filling will not adversely affect
soil stability and lead to landslides, will not cause soil erosion and lead
to flooding and drainage problems, will not interfere with the use of or cause
damage to public streets or other utilities and will not otherwise cause public
or private detriment and which report, further, shall include said engineer's
recommendations on the method of compaction and the method of excavating,
drilling, grading or filling.
Notwithstanding receipt of said report from said registered engineer,
the Council of the Borough of Brentwood may, in its discretion, require the
posting of reasonable security by the applicant that the finished operation
will comply with the plans and reports submitted and the permit issued thereon.
The fee for issuance of any permit hereunder shall be fixed from time
to time by resolution of Council.[1]
Any person, firm or corporation who or which shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay a fine
of not more than $1,000 and costs of prosecution or, in default of payment
of such fine and costs, to undergo imprisonment for not more than 30 days.
Each day that a violation continues shall constitute a separate offense.
