[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.
A.
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.
B.
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]
C.
Denial.
(1)
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.
(2)
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.
(3)
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.
(4)
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:
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.
