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 Borough Manager.
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 Borough
Manager on forms supplied by the municipality. 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 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 Borough Manager.
The Borough Manager 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 Borough Manager, 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 Borough Manager.
In addition to the permit, the Borough Manager 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 Borough Manager.
During the permitted work period, the Borough Manager 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 Borough
Manager discovers the work does not comply with the permit application of
any applicable laws and ordinances, or that there has been a false statement
or misrepresentation by any applicant, the Borough Manager shall revoke the
permit and report such fact to the Council of the Borough of Churchill for
whatever action it considers necessary.
[Amended 3-10-1998 by Ord. No. 667]
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 Borough Manager as set forth in Chapter
A315, Fee Schedule.
Any person aggrieved by the Borough Manager's estimate of the cost
of the proposed work may appeal to the Council of the Borough of Churchill.
Such appeal must be filed, in writing, within 30 days after the determination
by the Borough Manager. Upon receipt of such appeal, the Council of the Borough
of Churchill 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 Council
of the Borough of Churchill shall be final in all cases.
[Amended 3-10-1998 by Ord. No. 667]
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 Borough Manager or any other authorized employee
of the municipality shall be guilty of an offense and, upon conviction, shall
pay a fine to the Borough of Churchill of not more than $1,000, plus costs
of prosecution. In default of payment of said fine and costs, such person
shall be imprisoned in county jail 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 noncompliance within a reasonable time. Any
excavation, filling and/or grading in noncompliance with this chapter may
be declared by the Council of the Borough of Churchill to be a public nuisance
and abatable as such.