28-4 SUSPENSION, REVOCATION, RESTORATION AND EXPIRATION OF PERMIT ; RIGHT OF APPEAL .
28-4.1 Temporary Suspension of Permit.

a. The Township may revoke any permit granted under this Chapter if the operation causes any nuisance which can be shown to have been caused by the actions or inactions of the applicant or its agents, servants or employees and which is prejudicial to the public health, welfare and/or safety. A nuisance may be declared to exist only after a hearing before the Township Council.

b. If, in the opinion of the Township Engineer, the work is being conducted in a manner which immediately affects the public health, safety or welfare, the Township Engineer may immediately suspend the permit. If the unacceptable condition is corrected/eliminated the Township Engineer may reinstate the permit. Soil movement activities may not recommence until a written reinstatement is issued by the Township Engineer. If the permit is not reinstated by the Engineer within seventy-two (72) hours of the time the unacceptable condition is purported to have been corrected, the permittee shall be entitled to a review of the suspension at the next regular Council meeting by the Township Council. In this case, soil movement may not recommence until the Council passes a resolution reinstating the permit, and any and all conditions in said resolution are fully satisfied.

c. When, in the judgment of the Chief of Police or his designee, soil movement operations cause a serious and continued impediment to the passage of public traffic or endanger the public health, safety or welfare, the Chief of Police or his designee is authorized to temporarily halt such operation until the danger to the public's health, safety and welfare is abated. The judgment of the Chief of Police or his designee, exercised in good faith, shall be conclusive. In such cases soil movement activities shall not commence until the Chief of Police reinstates the permit in writing.

d. All complaints regarding soil movement from anyone shall be submitted orally or in writing to the Township Administrator, his designee or the Police Department. (Ord. #1271, §28-4.1)

28-4.2 Non-Refund of Fees or Charges on Account of Revocation or Suspension.

a. This subsection is hereby made a part of each and every permit hereafter issued by the Township and acceptance of such permit shall constitute complete acceptance by the principal and surety on any guarantees.

b. No fee or other charge (or portions thereof) shall be refunded following revocation or suspension of any permit.

(Ord. #1271, §28-4.2)

28-4.3 Appeal to Township Council Suspension or Revocation.

Any person aggrieved by the action of the Township Engineer and/or his representative(s), the Chief of Police or his duly authorized designee, the Environmental Commission, an individual member of the Township Council or the Township Council's authorized designee, with reference to suspension or revocation of a permit as provided in this Chapter, shall have the right to appeal to the Township Council within fourteen (14) days after notice of the action complained of. Appeals shall be filed in writing with the Township Clerk. Upon receipt of an appeal, the Township Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant. The decision and order of the Township Council on such appeal shall be final and conclusive. (Ord. #1271, §28-4.3)

28-4.4 Expiration of Permit.



a. All permits issued under the provision of this Chapter shall expire on the completion date specified on the permit issued.

b. As noted above, if work does not commence within sixty (60) days of the date of issuance of the permit, the permit shall be deemed automatically revoked.

(Ord. #1271, §28-4.4)