Borough of Mount Oliver, PA
Allegheny County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Mount Oliver 8-19-1974 as Ord. No. 628. Amendments noted where applicable.]
GENERAL REFERENCES
Standard and sign details — See Ch. A269.

§ 124-1 Statement of intent.

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 Borough of Mount Oliver unless an approved permit has been obtained from the Zoning and Code Enforcement Officer and Borough Engineer of the Borough of Mount Oliver.

§ 124-2 Definitions.

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.

§ 124-3 Application procedures.

Application for such a permit shall be made in writing to the Borough of Mount Oliver Zoning and Code Enforcement Officer and Borough Engineer on forms supplied by the Borough of Mount Oliver. Such application shall contain at least the following:
A. 
The name and address of:
(1) 
The applicant.
(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 of Mount Oliver Zoning and Code Enforcement Officer and Borough Engineer.

§ 124-4 Issuance of permit.

The Zoning and Code Enforcement Officer and Borough Engineer of the Borough of Mount Oliver shall issue a permit only after it has been determined that the proposed work will be in conformance with all applicable requirements and regulations.

§ 124-5 Engineer's approval required. [1]

All plans shall be approved by the Borough Engineer prior to issuance of a permit.
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 124-6 Plan prepared by engineer to require permit. [1]

Any plan prepared by an engineer shall require a grading permit.
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 124-7 Permit changes.

After the issuance of a permit by the Zoning and Code Enforcement Officer and Borough Engineer, 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 of approval of the Borough of Mount Oliver Zoning and Code Enforcement Officer and Borough Engineer.

§ 124-8 Placards.

In addition to the permit, the Zoning and Code Enforcement Officer and Borough Engineer 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 of Mount Oliver Zoning and Code Enforcement Officer and Borough Engineer.

§ 124-9 Start of work and expiration of permit.

A. 
The proposed work shall begin within six (6) months after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the Borough of Mount Oliver Zoning and Code Enforcement Officer and Borough Engineer.
B. 
All work shall be completed within one (1) year of the date of issuance of the permit. If any work is to be performed beyond this period, a new permit must be obtained under the conditions and requirements cited in §§ 124-3 and 124-4 of this chapter.

§ 124-10 Inspection and revocation of permit.

During the permitted work period, the Borough of Mount Oliver Zoning and Code Enforcement Officer and Borough Engineer, 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 and Code Enforcement Officer and Borough Engineer discover 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 Borough of Mount Oliver Zoning and Code Enforcement Officer and Borough Engineer shall revoke the permit and report such fact to the Borough Council for the Borough of Mount Oliver for whatever action it considers necessary.

§ 124-11 Fees. [1]

Applications for a permit shall be accompanied by a fee, payable to the Borough of Mount Oliver, based upon the estimated cost of the proposed work as determined by the Borough of Mount Oliver Zoning and Code Enforcement Officer and Borough Engineer, at rates as set forth by the Borough Council.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 124-12 Appeals.

Any person aggrieved by the Borough of Mount Oliver Zoning and Code Enforcement Officer and Borough Engineer's estimate of the cost of the proposed work may appeal to the Borough Council of the Borough of Mount Oliver. Such appeal must be filed, in writing, within thirty (30) days after the determination by the Borough of Mount Oliver Zoning and Code Enforcement Officer and Borough Engineer. Upon receipt of such appeal, the Borough Council of the Borough of Mount Oliver shall set a time and place not less than ten (10) nor more than thirty (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 of the Borough of Mount Oliver shall be final in all cases.

§ 124-13 Violations and penalties. [1]

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 of Mount Oliver Zoning and Code Enforcement Officer and Borough Engineer or any other authorized employee of the Borough of Mount Oliver shall be guilty of an offense and, upon conviction, shall pay a fine to the Borough of Mount Oliver of not more than one thousand dollars ($1,000.), plus costs of prosecution. In default of such payment, such person shall be imprisoned in the Allegheny County Jail for a period not to exceed thirty (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 Borough of Mount Oliver to be a public nuisance and abatable as such.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.