[Adopted 12-15-2011 by Ord. No. 11-06]
[HISTORY: Adopted by the Board of Supervisors of Jackson
Township as indicated in part histories. Amendments noted where applicable.]
This Part 1 shall be known and may be cited as the "Jackson
Township Grading Ordinance."
The purposes of this Part 1 are to regulate the modification
of natural terrain and the alteration of drainage and to provide for
certain erosion and sediment control measures to safeguard persons,
to protect property, to maintain the present level of ecology and
to promote the public welfare by regulating and controlling the design,
construction, quality of materials, use, location and maintenance
of grading, excavation and fill.
Unless otherwise expressly stated, the following terms shall be construed throughout this Part 1 to have the meanings indicated in this section:
Any person or entity who applies for or to whom a permit
is issued pursuant to this Part 1 and/or who is subject to inspection
under this Part 1.
Natural rock layer, hard or soft, in place at ground surface
or beneath unconsolidated surficial deposits.
The Board of Supervisors of the Township.
Any structure having a roof supported by columns or walls
for the housing or enclosure of persons or animals. When any portion
thereof is completely separated from every other portion thereof by
a division wall without openings, then each such portion shall be
deemed to be a separate building.
A certificate issued by the Township certifying that the
work under a duly-issued grading permit has been completed in compliance
with the applicable Township ordinances and the Township-approved
plans and specifications for such grading permit.
[Added 5-8-2017 by Ord.
No. 17-04]
The clearing, grubbing, scalping, removal of trees or stumps
and removing and disposing of all vegetation and debris within the
site, including the conditions resulting therefrom.
The erection, alteration, repair, renovation, demolition
or removal of any building or structure, and the clearing, stripping,
excavating, filling, grading and regulation of sites in connection
therewith.
Loose refuse or earth material not suitable for use as presently
situated or constituted, as determined by the Township Manager. See
also "waste."
Any person commencing proceedings under this Part 1 to effect
the development of land for himself or for another.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity, including such processes as gravitational
creep.
Any act by which earth, sand, gravel, rock, coal or any other
similar material is cut into, dug, quarried, uncovered, removed, displaced
or relocated, including the conditions resulting therefrom.
The elevation of the existing ground surface above sea level
prior to any excavating or filling.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, pushed, dumped, pulled, transported or moved
to a new location, including the conditions resulting therefrom, or
the material used in such activity.
The elevation of the ground surface above sea level after
grading has been completed and the elevation coincides with the elevation
called for in a plan of grading.
An excavation or fill or any combination thereof (either
initially or repeatedly), including the conditions resulting from
any excavation or fill.
A permit issued by the Township to authorize work to be performed
in compliance with, and as required by, this Part 1.
A danger or potential danger to life, limb or health or an
adverse effect or potential adverse effect to the safety, use or stability
of property, waterways, public ways, structures, utilities and storm
sewers, including stream pollution.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any agency successor thereto.
The Department of Transportation of the Commonwealth of Pennsylvania
or any agency successor thereto.
Unless otherwise specified, "person" shall mean both the
singular and plural, male or female, firm, business, partnership,
association, limited-liability company or corporation, or any other
legal entity.
A person licensed or otherwise authorized by the Commonwealth
of Pennsylvania to practice engineering, whose specialty is in the
field of civil engineering, unless another specialty is set forth
herein (e.g., such as that required for excavation and fill for faces
steeper than 2/1 slope).
A person licensed or otherwise authorized by the Commonwealth
of Pennsylvania as a landscape architect.
A person licensed or otherwise authorized by the Commonwealth
of Pennsylvania as a surveyor.
A structure composed of concrete, steel or other approved
building material constructed for the purpose of supporting a cut
or filled embankment which would otherwise not comply with the requirements
of the standards set forth in this Part 1 and which is more than four
feet in height, as measured on the exposed vertical surface of the
wall.
That state of grading which approximates the finished grade
in a plan of grading.
A lot, tract or parcel of land or a series of lots, tracts
or parcels of land joined together, where work is continuous and performed
at the same time.
That ratio formed by the horizontal over the vertical difference
of position and where the vertical difference is usually expressed
as one (e.g., 2/1, 3/1, etc.).
All earth material of whatever origin that overlies bedrock
and may include the decomposed zone of bedrock which can be readily
excavated by mechanical equipment. The term "clean soil or earth"
shall mean that earthen material consisting only of uncontaminated
soils, stones or rocks, or a mixture or combination of such materials,
of appropriate dimensions, that are raw materials, excavated or extracted
from a borrow pit or some earthen bank.
Any activity which removes or significantly disturbs the
vegetative surface cover.
Chapter 22, Subdivision and Land Development, of the Code of Jackson Township, Butler County, Pennsylvania, as amended.
Jackson Township, Butler County, Pennsylvania.
The professional engineer licensed as such in the Commonwealth
of Pennsylvania duly appointed by the Board of Supervisors to serve
as the Engineer of the Township and/or his authorized designee.
The Township Manager duly appointed by the Board of Supervisors,
his authorized designee and/or the authorized designee of the Board
of Supervisors.
All parts of or any combination of material that is an unintended
by-product of a manufacturing process and/or that is intended to be
or has been discarded. Examples of waste for the purposes of this
Part 1 include but are not limited to ashes, garbage, refuse, radioactive
material, demolition materials and industrial wastes such as food-processing
wastes, wood, plastic, metal scrap, or any similar materials.
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, drainageway, waterway, gully, ravine
or wash in which water flows in a definite direction or course, either
continuously or intermittently, including any area adjacent thereto
which is subject to inundation by reason of overflow or floodwater.
Any activity authorized under a grading permit, including,
but not limited to, clearing, construction, grading and stripping.
Chapter 27, Zoning, of the Code of Jackson Township, Butler County, Pennsylvania, as amended.
A.
Except as exempted by § 9-105, no person shall do any clearing, stripping, grading, construction or other activity involving the disturbance of natural terrain or vegetative ground cover, and no person shall allow such activities to occur on his property, unless he has applied for and obtained a valid grading permit from the Code Official. Specifically, the following activities require a grading permit:
[Amended 5-8-2017 by Ord.
No. 17-04]
(1)
Modifying, disturbing, blocking, diverting or otherwise adversely
affecting the natural overland or subsurface flow of stormwater.
(2)
Construction, erection or installation of any drainage dam, ditch,
culvert, drainpipe, bridge or any other structure or obstruction affecting
the drainage of any premises.
(3)
Filling, stripping, excavating and grading of any land, including
stockpiling (temporary or permanent) of excavated or fill material.
B.
Prior to beginning work associated with a grading permit, an applicant
shall provide proof that the applicant or applicant's representative
has applied for and/or obtained all necessary permits and approvals,
including, but not limited to, permits granted by PADEP.
C.
Where proposed work relates to a major or minor land development plan approved under the Subdivision and Land Development Ordinance (Chapter 22), the Township Manager may grant a grading permit prior to the developer's compliance with all applicable conditions of such approval.
D.
One grading permit may cover all of the grading on one site. If a
major development, such as a planned residential development or a
planned industrial park, is proposed for one continuous parcel or
under a single phase of construction, then one grading permit may
be applied for and approved.
E.
Where a major development is proposed and the work is to be completed
on more than one parcel or under more than one phase of construction,
the Township Manager may:
[Amended 5-8-2017 by Ord.
No. 17-04]
F.
Where major modifications or alterations are proposed for work covered
by an existing grading permit, the Township Manager may require that
an application for a new grading permit be submitted.
A grading permit will not be required for any of the following
situations:
A.
An excavation which does not exceed five feet in vertical depth at its deepest point measured from the existing grade, if the grading does not cover an area of more than 20% of the site and does not exceed 5,000 square feet and does not exceed 250 cubic yards. This exception shall not affect the applicability of this Part 1 to the requirement of a grading permit for any fill made with the material from such excavation, unless such fill is within the exception of Subsection B herein.
B.
A fill which does not exceed five feet in vertical depth at its deepest
point measured to the existing grade, if the grading does not cover
an area of more than 20% of the site and does not exceed 5,000 square
feet and does not exceed 250 cubic yards, provided that the surface
of such fill does not have a slope at any point steeper than five
horizontal to one vertical.
C.
An excavation for a basement, footing of a building, swimming pool
or underground structure authorized by a building permit, and an excavation
of a driveway between a building site and the street where the plot
plans attached to the building permit indicate existing and proposed
contours.
D.
A single-family dwelling site where the slope between property lines measured in any direction or the maximum excavation or fill, exclusive of the situations referred to in Subsection C hereof, do not exceed the slopes or quantities set forth in the following table:
|
Single-Family House Site Area to be Graded
(square feet)
|
Maximum Slope Without Permit
(feet vertical per 100 feet horizontal)
|
Maximum Excavation or Fill Without Permit
(cubic yards)
| |
|---|---|---|---|
|
Less than 12,000
|
12
|
100
| |
|
From 12,000 to 30,000
|
15
|
200
| |
|
Over 30,000
|
20
|
250
|
E.
Authorized Township capital improvement and public works projects;
provided, however, that erosion and sedimentation control measures
as approved by the Township have been and are being employed.
F.
Accepted agricultural land management practices, such as plowing,
nursery operations, removal and/or transplanting of cultivated sod,
shrubs and trees and tree cutting at or above existing ground and
logging operations leaving the stump, ground cover and root mat intact.
A.
Whenever the Township Manager determines that any existing excavation,
retaining wall, embankment or fill has become a hazard, the owner
of the property upon which the excavation, retaining wall, embankment
or fill is located, or other person or agent in control of said property,
shall, upon receipt of notice in writing from the Township Manager
and within the reasonable period specified therein, repair, reconstruct
or remove such excavation, retaining wall, embankment or fill so as
to eliminate the hazard.
B.
If, after such notification, the property owner or other person has
not made the necessary repairs within the time requested, then the
Township may make the required repairs, and the cost thereof shall
be borne by the property owner by a lien or judgment obtained as provided
by law.
A.
To obtain a grading permit, an applicant shall first file a written
application upon forms furnished by the Township, including three
copies of the application and required plans, specifications and timing
schedule with the Township. The application must be signed by the
owner of the property or an authorized agent. If the owner is a corporation,
firm, business, partnership, association, limited-liability company,
or any other legal entity, it must be signed by the authorized agent
thereof.
B.
A separate application shall be required for each site.
D.
The plans, specifications, timing schedule and accompanying application
shall be submitted to the Township prior to commencement of any such
activity and shall include the following data:
(1)
Describe the land on which the proposed work is to be done by lot,
block, tract or street address or similar description, which will
readily identify and locate the proposed work.
(2)
Provide a plan of the site, prepared by a professional engineer,
surveyor or landscape architect, drawn to a scale of not less than
100 feet to one inch, showing:
(a)
The boundary lines of the site on which the work is to be performed,
including the approximate acreage of the site.
(b)
Existing topography on the site and land adjacent to the site
within 100 feet of the site boundary lines, including the location
of any buildings, structures, utilities, sewers, water and storm drains,
wooded areas and other significant natural features.
(c)
Proposed improvements on the site, including proposed contours
of the land after completion of the proposed grading.
(d)
All drainage provisions, erosion and sediment control measures,
vegetative practices or other protective devices to be constructed
in connection with or as part of the proposed work.
(e)
Provisions for erosion control during construction (temporary)
and during the life of the facility (permanent). Such provisions shall
include a timing schedule and sequence of operations indicating the
anticipated start and completion dates of the particular development
sequence.
(f)
A soil classification map identifying soils and listing limiting
factors of applicable soils.
(g)
The name of the proposed development and names, addresses, training
and experience of the developer and persons who prepared the plan.
(h)
The plans and specifications shall be supported by such supplemental
reports, data and additional information as the Township Manager may
reasonably require, including, but not limited to, the following:
(3)
The Township Manager may waive the requirements for plans, specifications,
timing schedule or cost estimate if he finds that the information
on the application is sufficient to show that the work will conform
to the requirements of this Part 1.
Before issuing a grading permit, the Township shall collect
a permit fee from the applicant in accordance with the following provisions:
A.
Application fees and deposits. The Township Board of Supervisors
shall establish from time to time by resolution fees and deposits
to be paid by the applicant/developer at the time of filing the relevant
application under this Part 1.
B.
Review fees and expenses. The applicant/developer shall reimburse
the Township for all fees and expenses incurred by the Township related
to an application and/or grading permit under this Part 1, including,
but not limited to, the reasonable and necessary charges of the Township
professional consultants, the Township Engineer and the Township Solicitor
for review and report on an application and/or grading permit under
this Part 1 and the inspection of improvements and/or work related
thereto.
C.
Upon filing an application, the applicant must agree, in writing,
to pay costs actually incurred by the Township, regardless of whether
the work related thereto is ever initiated or completed.
A.
Prior to issuance of a grading permit, the applicant shall provide the Township with financial security guaranteeing the completion, timely installation and proper construction of any work within and/or impacting a Township road right-of-way as required by the applicable Township ordinances and the Township-approved plans, specifications and timing schedule for the grading permit. The amount of such financial security shall be equal to 110% of the cost of completing the work within and/or impacting the Township road right-of-way. Such financial security shall be from a source and in a form acceptable to the Township Solicitor and shall comply with the requirements of Chapter 1, Part 11, Financial Security, of the Code of Jackson Township, Butler County, Pennsylvania, as amended.
B.
After the completion of the work secured by the financial security,
and as a prerequisite for the Township's release of such financial
security, the applicant shall request a final inspection and certificate
of completion by the Township to certify completion of the work in
compliance with the applicable Township ordinances and the Township-approved
plans and specifications for the grading permit. Within a reasonable
time period after Township issuance of a certificate of completion,
the Township shall release the financial security and return it to
the applicant.
[Amended 5-8-2017 by Ord.
No. 17-04]
C.
Where work under a grading permit is being conducted on a parcel-by-parcel basis, pursuant to § 9-104E of this part, and the applicant has provided the Township with a single financial security instrument, the applicant may request, and the Board of Supervisors may authorize, the reduction of the financial security by an amount attributable to a specific parcel covered by the grading permit following issuance of a certificate of completion for such parcel.
[Added 5-8-2017 by Ord.
No. 17-04]
A.
The Township Manager may attach conditions to a grading permit as
reasonably necessary to prevent danger to property, including any
sewer, storm drain or watercourse, or to prevent work from being conducted
in a manner hazardous to life or property, or in a manner likely to
create a nuisance. No grading permit shall be issued until grading
plans, erosion and sediment control plans, specifications, a timing
schedule and a cost estimate are approved by the Township Manager
and the applicant certifies that all work shall be performed pursuant
to the approved plans, specifications and schedules.
B.
If the application conforms substantially to the requirements of
this Part 1, the Township Manager shall approve the same and issue
a grading permit to the applicant without unreasonable delay.
C.
After actual work begins, the Township Manager may require additional
or revised controls from time to time in the event that the Township
Manager determines that the originally approved controls are inadequate.
D.
Permits issued pursuant to this Part 1 do not relieve the owner of
responsibility for securing any and all necessary permits and approvals
as required by any other applicable code, ordinance or regulatory
agency.
E.
A grading permit issued by the Township is specifically conditioned on the applicant obtaining a certificate of completion from the Township to confirm completion of all applicant responsibilities under this part and to obtain return of the financial security pursuant to § 9-109 of this part.
[Added 5-8-2017 by Ord.
No. 17-04]
A.
If an application for a grading permit does not conform to the requirements
of this Part 1, the Township Manager shall deny the application in
writing, setting forth the basis for the denial. The Township Manager
shall forward the written denial to the applicant without unreasonable
delay.
B.
Where, in the opinion of the Township Manager, the work as proposed
by the applicant is likely to endanger any person, property or any
street or way, or create hazardous conditions, or damage the ecology
of the area, the application for grading permit shall be denied. In
determining whether the proposed work is likely to have such an effect,
the Township Manager shall consider factors including, but not limited
to, possible saturation by rains, earth movements, runoff of surface
waters and subsurface conditions such as the stratification and faulting
of rock and the nature and type of the soil, rock or other minerals.
During grading or other work, the applicant shall be responsible
for:
A.
Performing all work in accordance with the grading permit, approved
plans, specifications and timing schedules and in compliance with
all requirements of this Part 1.
B.
Preventing damage to public utilities within the area where work
is performed and along any routes of travel of construction equipment
and repairing any such damage if necessary.
C.
The prevention and/or repair of damage to adjacent property. No person
shall grade on land so close to the property line as to endanger any
adjoining public street, sidewalk, alley or any public or private
property without supporting and protecting such property from settling,
cracking or other damage which might result.
D.
The prompt removal and legal disposal of all soil, debris or other
material spilled, dumped or otherwise deposited on public streets,
highways, sidewalks or other public thoroughfares during transit to
and from the construction site. The Township Manager may require the
construction of a haul road or other approved vehicle cleaning method
to prevent the spread of debris.
E.
The prevention of all sediment from entering into any public sanitary
or storm sewer system or watercourse.
F.
Applying for and obtaining a certificate of completion from the Township
to confirm completion of all applicant responsibilities under this
part. As part of this application for a certificate of completion,
the applicant shall be responsible for proving to the Township that:
[Added 5-8-2017 by Ord.
No. 17-04]
(1)
All
work under the grading permit has been completed in compliance with
the applicable Township ordinances and the Township-approved plans
and specifications for such grading permit;
(2)
The
work as completed does not negatively impact or interfere with stormwater
drainage and stormwater management on the subject property and/or
adjacent properties; and
(3)
The
work as completed does not create a nuisance or hazard on the subject
property and/or adjacent properties.
Following written notice issued to the applicant and reasonable
opportunity to cure, the Township Manager may revoke or suspend any
permit issued under this Part 1 for:
A.
Violation of any condition of the grading permit.
B.
Violation of any provision of this Part 1 or any other applicable
law, ordinance, rule or regulation relating to work authorized under
a grading permit.
C.
Existence of any condition or the doing of any act constituting or
creating a nuisance or hazard or endangering human life or the property
of others.
Unless otherwise provided by Pennsylvania law, every grading
permit shall automatically expire if the authorized work is not commenced
within six months or is not completed within one year from the date
of such permit issuance. If the applicant provides satisfactory evidence
in writing that unusual difficulties have prevented the work from
being started or completed within the specified time limits, the Township
Manager may grant a reasonable extension of time. An applicant must
file an application for the extension of time before the date of expiration
of the grading permit.
All modifications to the approved plans, specifications, timing
schedule and cost estimate for a grading permit shall be submitted
to the Township for review and approval by the Township Manager. There
shall be no differentiation between major and minor modifications
with respect to this section. Modifications of the approved plans
shall be reviewed and approved in the same manner as the original
plan.
A.
The Township Manager shall make the inspections required under this Part 1. Following inspection, the Township Manager shall approve any portion of the work that has been completed and notify the applicant of any portion of the work that fails to comply with the provisions of this Part 1. Where the Township Manager determines that the soil or other conditions are not as stated or shown on the application, the Township Manager shall stop work on the site immediately until the Township approves a revised grading plan in accordance with § 9-115 above.
B.
All approved grading plans shall be maintained at the site until
all permitted work has been approved by the Township Manager.
C.
The applicant shall request from the Township Manager all inspections
provided in the following schedule at least 72 hours before the inspection
is to be made:
(1)
Initial inspection: when work on the excavation or fill is about
to be commenced.
(2)
Rough grading: when all rough grading has been completed.
(3)
Drainage facilities: when drainage facilities are to be installed
and before such facilities are backfilled.
(4)
Special inspection: if at any time conditions are found which are
not stated on the permit holder's application.
(5)
Special structures: when excavations are complete for retaining and
other structural supporting walls (e.g., such as crib walls) and when
reinforcing steel is in place and before concrete is poured.
(6)
Final inspection: when all work, including the installation of all
drainage and other structures, has been completed.
A.
No excavation shall be made with a cut face steeper in slope than
two horizontal to one vertical, except under one or more of the following
conditions:
(1)
The material in which the excavation is made is sufficiently stable
to sustain a slope of steeper than two horizontal to one vertical
and the applicant submits a written statement signed and sealed by
a professional engineer experienced in geological sciences and erosion
control. The Township Engineer must review and approve the statement
prior to the commencement of any such work under the grading permit.
The statement shall state that the site has been inspected and approved
and that the deviation from the required slope will not result in
increased risk of injury to persons, damage to property, or damage
to receiving streams.
(2)
A retaining wall or other approved structure used to support the
face of the excavation is designed, and plans for the structure are
signed, sealed and submitted by a professional engineer.
B.
The Township Manager may require an excavation to be made with a
cut face less or flatter in slope than two horizontal to one vertical
if he finds the material in which the excavation is to be made is
unusually subject to erosion or if other conditions exist which, under
applicable engineering practice, make such flatter cut slope necessary
for stability and safety.
C.
Excavations adjacent to any footing, foundation or structure shall
not extend below the angle of repose or natural slope of the soil
under the nearest point of the same, unless such footing, foundation
or structure is first properly underpinned or protected against settlement.
D.
A soil erosion and sedimentation control plan shall be prepared in
accordance with the provisions of Chapter 102 of Title 25 of the Pennsylvania
Code, Erosion and Sediment Control, as amended, prior to commencement
of any grading or other regulated earth disturbance activity, unless
the Butler County Conservation District determines that a soil erosion
and sedimentation control plan is not required.
E.
No grading shall be permitted in a floodplain or wetland area unless
a permit is obtained from the appropriate PADEP office. The applicant
shall be responsible for payment for all costs associated with obtaining
said permit and shall produce said permit for inspection upon request
of the Township.
F.
The top or toe of any excavated slopes shall be set back a minimum
of five feet from any property line or the width of the buffer yard
if required by the Zoning Ordinance.
[Added 1-17-2019 by Ord. No. 19-03]
A.
No fill shall be made which creates any exposed surface steeper in
slope than two horizontal to one vertical, except under one or more
of the following conditions:
(1)
The material in which the fill is made is sufficiently stable to
sustain a slope of steeper than two horizontal to one vertical, and
the applicant submits a written statement signed and sealed by a professional
engineer experienced in geological sciences and erosion control. The
Township Engineer must review and approve the statement prior to the
commencement of any work under the grading permit. The statement shall
state that the site has been inspected and approved and that the deviation
from the required slope will not result in increased risk of injury
to persons, damage to adjacent property, or damage to receiving streams.
(2)
The Township Manager may require that the fill be constructed with
an exposed slope less than or flatter than two horizontal to one vertical
if the Township Manager finds that under the particular conditions
such flatter slope is necessary for stability and safety.
B.
Whenever fill is to include materials other than clean soil or earth,
the grading permit shall be subject to the following additional limitations
and requirements:
(1)
The fill shall be completed within a reasonable length of time, said
time limit to be determined by the Township Manager and to be specified
on the grading permit.
(2)
Clean soil or earth shall be placed over the top of and cover exposed
surfaces of the fill to a depth sufficient to conceal all materials,
other than clean soil or earth, within the fill. Topsoil must meet
Pennsylvania Department of Transportation Publication 408 specifications.
(3)
Debris or waste shall not be considered as fill material.
(4)
No rock or material in excess of 12 inches in any dimension, or nominal
lift thickness, whichever is less, shall be buried or placed in fills.
(5)
No organic or frozen materials shall be placed in fills.
(6)
No fill of any kind shall be placed over trees, stumps or other material
which would create a nuisance or be susceptible to attracting rodents,
termites or other pests.
C.
The top
or toe of any fill slopes shall be set back a minimum of five feet
from any property line or the width of the buffer yard if required
by the Zoning Ordinance.
[Added 1-17-2019 by Ord. No. 19-03]
A.
A grading permit shall apply to a retaining wall proposed to satisfy
the requirements of this Part 1. Such retaining wall must comply with
the regulations provided in this Part 1, including, but not limited
to, inspections.
B.
Retaining walls must be constructed in accordance with sound engineering
practice and plans submitted to the Township for review. All retaining
wall submissions shall include construction details and supporting
calculations signed and sealed by a professional engineer.
[Amended 1-17-2019 by Ord. No. 19-03]
C.
The backfilling of retaining walls and the insertion of below-grade
drainage facilities associated with the retaining walls shall strictly
comply with the provisions of this Part 1 and appropriate Township
specifications.
The developer or the owner of any property on which work has
been done pursuant to a grading permit, or any other person or agent
in control of such property, shall maintain in good condition and
promptly repair or restore all damaged grade surfaces, walls, drains,
dams and structures, plantings, vegetation, erosion and sedimentation
control measures and other protective devices. Such repair, restoration
and maintenance shall be in accordance with the approved plans, specifications
and grading permit as required by this Part 1.
Neither the issuance of a grading permit nor compliance with
this Part 1 or any conditions imposed by the Township Manager shall
relieve any person from the responsibility for damage to any person
or property otherwise imposed by law, nor impose any liability upon
the Township for damages to any person or property.
A.
Any person, firm, partnership or corporation who shall violate any of the provisions of this Part 1, on conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $300 nor more than $1,000, plus costs, including reasonable attorneys' fees incurred by the Township, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part 1 continues or each section of this Part 1 which shall be found to have been violated shall constitute a separate offense.
B.
In addition, the Township, through its Solicitor, may institute injunctive,
mandamus, or any other appropriate action or proceeding at law or
in equity for the enforcement of this Part 1. Any court of competent
jurisdiction shall have the right to issue restraining orders, temporary
or permanent injunctions, mandamus, or other appropriate forms of
remedy or relief.
A.
Any applicant or person aggrieved by a decision of the Township Manager, the Board of Supervisors and/or the Township or a notice or order issued under this Part 1 shall have the right of appeal to the Township Zoning Hearing Board established by the Zoning Ordinance (Chapter 27), provided that a written application for an appeal is filed within 10 days after receipt of said decision, notice or order, along with payment of an appeal hearing fee in an amount set from time to time by resolution of the Board of Supervisors. An application for appeal shall be based on a claim that the true intent of this Part 1 or the rules legally adopted hereunder has been incorrectly interpreted, or the provisions of this Part 1 do not fully apply. The Township Zoning Hearing Board shall hold a public hearing and render a determination on the appeal in accordance with the requirements of Article IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10901 et seq., as amended.
B.
All appeals from decisions of the Township Zoning Hearing Board rendered
pursuant to this section shall be taken to the Court of Common Pleas
of Butler County and shall be filed within 30 days after entry of
the decision as provided in 42 Pa.C.S.A. § 5572 (relating
to time of entry of order).
