[HISTORY: Adopted by the Board of Supervisors of the Township of Allegheny 8-12-1970 by Ord. No. 10-1970 (§§ 6.171 to 6.177 of the 1986 Code). Amendments noted where applicable.]
It is hereby declared to be a public nuisance and prohibited for any person to maintain or permit to be maintained upon premises within the Township of Allegheny, owned, tenanted or otherwise controlled by such person, any excavation any portion of which is located within 500 feet of any public highway, school, church, park, playground or dwelling having at any point a depth in excess of eight feet from the natural surface of the ground unaffected by the excavation and a cubic content in excess of 100 cubic feet, for a continuous period of more than 48 hours, which said excavation is not securely and completely enclosed and fenced with a strong, continuous protective fencing around the entire excavation of a height of at least five feet from the surface of the ground, and of such strength and construction as to withstand the weight or force of any person from walking beyond, under, between or through the fence, and such as will prevent and protect any person from accidentally falling into the excavation. No apertures in such fencing shall be greater than six inches, except gates for entrance and exit which shall be kept closed and securely locked at all times when unattended.
No person shall remove any dirt, substance, etc., from any property within the Township of Allegheny without first receiving a permit for the same. No permit is needed for the excavation pursuant to the building of any structure within Allegheny Township as long as a regular building permit has been issued. A permit shall also be necessary in the event of the filling of any property in Allegheny Township if said fill exceeds a height of five feet from the original contour of the land. A complete survey of the property on which the excavation and/or fill is made must be submitted to the Planning Commission of Allegheny Township along with the proposed changes to be made to the contour of the land, including the drainage to be considered, the types of pipes, etc., to be used must be set forth and a set of specifications attached to the survey. After review by the Planning Commission and the Township Engineer, a written report of the findings of the Planning Commission and the Township Engineer shall be submitted to the Board of Supervisors of Allegheny Township. At that time, the Board of Supervisors shall review the recommendations of both the Allegheny Township Planning Commission and the Township Engineer and shall then determine whether or not a permit should be issued.
The permit cost shall be based as follows: the minimum fee shall be as set from time to time by resolution of the Board of Supervisors, and there shall be an additional charge as set from time to time by resolution of the Board of Supervisors per thousand cubic yards of substance to be removed and/or filled.
[Amended 1-10-2005 by Ord. No. 2-2005]
It shall be within the discretion of the Board of Supervisors of Allegheny Township to deny a permit for excavation and/or fill of any property when the Board shall deem it hazardous for residents in the immediate area and/or if it would cause a public nuisance by the noise, dirt, dust, etc., and/or if by the excavation or fill of any of the within properties the Board of Supervisors deem it hazardous to the maintenance of any Township and/or state road.
The Board of Supervisors shall have the right to deny such permit if in the opinion of the Board of Supervisors by the said excavation and/or fill of any property that it shall pollute or damage the flow of any natural stream in said Township.
The Board of Supervisors shall have the right to deny said permit if the Board of Supervisors in its opinion deems that by said excavation and/or fill it would cause a flooding condition which could damage the property of other residents of Allegheny Township.
The Township of Allegheny shall have the right to deny any permit for the excavation and/or fill located within the Township if proper slope lines and banks and/or walls are not provided for.
Nothing herein contained shall be construed so as to prevent the Township or any other persons from pursuing any other remedies allowed by law or in equity for injunctive relief, damages, abatement of nuisances, or other legal procedures for the violation of this chapter or for the causing, creating, or maintaining of any nuisance.
As used in this chapter, the following terms shall have the meanings indicated:
- PERSON or PERSONS
- Includes not only individual persons but any and all corporations, partnerships, associations, and other legal entities.
Notwithstanding anything herein contained to the contrary, no article, section, provision or part of this chapter shall apply to any agricultural pursuits or the use of the land for agricultural purposes.
Any person violating any of the provisions of this chapter shall, upon conviction thereof in a summary proceeding before a District Justice, be sentenced to pay a fine or penalty not exceeding $300, and the costs of prosecution, or in default of payment thereof may be sentenced to imprisonment in the Westmoreland County Jail for a term not exceeding 30 days. In addition, the Township shall have the right to remove and abate any nuisance as herein defined after 10 days' written notice to the owner or person causing the same to abate the nuisance, if said nuisance is not abated by the owner or person causing the same within 10 days from said notice; and to collect the cost of said removal and abatement, together with a penalty not exceeding $300, and cost of prosecution by summary proceeding; and upon default in the payment of such penalty and costs the defendant may be committed to the Westmoreland County Jail for a period not exceeding 30 days. For purposes of this clause, each twenty-four-hour period in which said public nuisance exists or is maintained shall be deemed to be a separate offense and the person or persons causing, creating, or as otherwise herein defined being responsible for the said public nuisance shall be deemed guilty of a separate offense.