[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.
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.
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 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:
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.
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.
All plans shall be approved by the Borough Engineer prior to issuance
of a permit.
Any plan prepared by an engineer shall require a grading permit.
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.
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.
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.
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.
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.
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.
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.
