[HISTORY: Adopted by the Board of Supervisors
of the Township of West Goshen as indicated in article histories.
Amendments noted where applicable.]
[Adopted 6-12-1974 by Ord. No. 2-1974]
In accordance with the provisions of Section
1156 of Article XI of the Second Class Township Code, as amended,[1] no railroad or street railway shall hereafter be constructed
upon any township road nor shall any railroad or street railway crossings
nor any gas pipe, water pipe, electric conduits or other piping be
laid upon or in nor shall any telephone, telegraph or electric light
or power poles or any coal tipples or any other obstructions be erected
upon or in any portion of a Township road except under such conditions,
restrictions and regulations relating to the installation and maintenance
thereof as may be prescribed in permits granted by the Township for
such purpose.
[1]
Editor's Note: See 53 P.S. § 67322.
[Amended 5-21-2008 by Ord. No. 5-2008]
The application for a highway occupancy permit
shall be on a form prescribed by the Township and submitted to the
Township. The application shall be accompanied by a fee in accordance
with the schedule of fees adopted by the Township for highway occupancy
permits. In addition, the applicant shall submit three copies of a
sketch, showing such dimensions as the location of the intended facility,
width of the traveled roadway, right-of-way lines and a dimension
to the nearest intersecting street.
[Amended 5-21-2008 by Ord. No. 5-2008]
[Added 5-21-2008 by Ord. No. 5-2008[1]]
All road openings in the Township shall comply with the rules and regulations which are set forth on the attached exhibit, Rules and Regulations Governing Street Openings in West Goshen Township.[2] The rules and regulations, which may be amended from time
to time by the Board of Supervisors by resolution, shall be conditions
attached to the issuance of the highway occupancy permit.
[2]
Editor's Note: Said exhibit is included at the end of this chapter.
Upon completion of the work, the applicant shall
file written notice thereof with the Township.
[Amended 5-21-2008 by Ord. No. 5-2008]
A.
All areas of the road which are excavated shall be
restored according to the following restoration requirements:
(1)
Perpendicular excavation: a perpendicular street excavation
for installation of a utility service line to a new or existing residence
or business from a new or existing main utility line.
(a)
Restoration requirements: The excavation area
shall be milled and overlay applied to a width of three feet beyond
the trench edge. If excavation is within three feet of the center
line of the road, full roadway width paving is required.
(2)
Longitudinal excavation: a longitudinal street excavation
for installation of a water main, sewer main or other longitudinally
located utilities.
(a)
Restoration requirements: The excavation area
shall be milled and overlay applied to a full lane width. If excavation
is within three feet of the center line of the road, full roadway
width paving is required.
(3)
Miscellaneous surface penetrations: any single core
borings, bore holes or other small excavations.
(a)
Restoration requirements: Full depth paving
restoration is required for a minimum of two feet beyond the boring
or excavation. If the boring or excavation penetrates below the existing
paving, the area below the paving shall be filled with Type A or B
flowable backfill or an alternate fill material approved by the Township.
Excavation shall be milled and overlay applied to three feet beyond
excavation. If excavation is within three feet of the center line
of the road, full width paving is required.
(4)
Miscellaneous surface penetrations: two or more core
borings, bore holes or other small excavations within a one-hundred-foot
road segment.
(a)
Restoration requirements: full lane width restoration.
If excavation is within three feet of the center line of the road,
full roadway width paving is required.
B.
The area to be restored shall extend 10 feet beyond
the starting and ending limits of the excavation.
C.
All backfilling, trench restoration, road milling
and paving shall be completed in accordance with the effective Township
road construction specifications, PennDOT specifications Publication
408, and PennDOT Publication 213, current editions or their successor
publications adopted by the Pennsylvania Department of Transportation.
D.
All areas excavated shall be swept to remove excess
loose material from the street.
E.
Excavations which result in a disturbed paving area
in excess of 1,000 square feet shall require nuclear density testing
by a certified third-party testing laboratory which is approved by
the Township. The results of the nuclear density tests shall be submitted
to the Township, which shall confirm that the density of the paving
meets the Township specifications. In addition, two core borings shall
be provided to the Township per 1,000 square feet of disturbed paving
area.
F.
Upon completion of the work authorized by the permit,
the Township shall inspect the work and, when necessary, enforce compliance
with the conditions, restrictions and regulations prescribed by the
permit and this article. Where any settlement or defect in the work
occurs, or where nuclear density tests were performed, if the tests
reveal a substandard density, the applicant shall rectify any such
settlement or defect within 15 days after written notice from the
Township to do so. If at any time a settlement or defect shall become
a hazard, the applicant shall rectify such settlement or defect within
two hours after notice from the Township. If the applicant fails to
comply with the notice authorized by this section, the Township may
complete the work and shall impose upon the applicant the cost thereof.
G.
The applicant shall provide the Township with the
name and contact information of an authorized representative who may
be reached 24 hours a day while the work pursuant to the permit is
in progress.
[Amended 6-23-1992 by Ord. No. 9-1992; 7-24-1996 by Ord. No.
7-1996]
Any person who violates or permits the violation
of any provision of this article shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Township before
a District Justice, pay a fine for each such violation in an amount
not less than $100 and not more than $600 plus all court costs, including
reasonable attorney fees, incurred by the Township. No judgment shall
be imposed until the date of the determination of a violation by the
District Justice. If the defendant neither pays nor timely appeals
the judgment, the Township may enforce the judgment pursuant to the
applicable rules of civil procedure.
[Adopted 5-9-2007 by Ord. No. 10-2007]
[Amended 6-12-2013 by Ord. No. 08-2013]
Curbs on public roads and sidewalks open to
the public for pedestrian traverse, or curbs and sidewalks located
in whole or in part within the right-of-way of a public or private
street shall be maintained by the property owner who owns the abutting
property. The abutting property owner shall keep such curbs and sidewalks
immediately in front of his/her property in good order and repair
and at all times free and clear of all obstructions to safe and convenient
passage, including the accumulation of ice and snow. This obligation
shall not apply to any sidewalks or curbs located in parks owned by
the Township.
[Amended 4-20-2021 by Ord. No. 4-2021]
A.
The owner, occupant or tenant of every property abutting any sidewalk or public walk as described in § 70-7 above shall be required to remove or cause to be removed, for a minimum width of three feet and the entire length of all of said abutting sidewalk or public walk, snow and/or ice thereon fallen or formed within 24 hours after said snow or ice shall have ceased to fall or be formed. The responsible party shall also cover the sidewalk with cinders, sawdust or similar snow and ice control materials in the event of ice and sleet. Where snow and ice are removed from the sidewalk, it may be placed or piled on the curbside of the sidewalk but shall not be piled or placed in the storm gutter or on the paved cartway.
B.
No person shall push, dump or deposit in any manner, or cause to be pushed, dumped or deposited in any manner, any snow or ice which has accumulated on any sidewalk or private property onto any public street, public park or public property in the Township. Upon notice from the Township, any person who is found pushing, dumping or depositing snow or ice onto any public street, public park or public property in the Township shall immediately desist from such action and shall remove any snow or ice from the street or public property that has been unlawfully deposited thereon. If the person so notified fails to comply as aforesaid, he/she shall be subject to the fines set forth in § 70-11 of this chapter.
If the owner of any property neglects at any time to perform the duties described in §§ 70-7 and 70-8 above, the Township may serve written notice upon him requiring him to perform the necessary maintenance or repair. The notice shall specify the time by which said maintenance or repair shall be commenced and the time by which it shall be completed. The notice provided for in this section may be served on the property owner by leaving the same at his place of residence or, if such place of residence is unknown to the Township, by posting the same on the abutting property.
If such property owner fails to comply with the requirements of the notice described in § 70-9 within the time period specified therein, the Township may assess a fine not exceeding $1,000 for each violation. Each day or part of a day in which any such snow or ice remains after it should be removed shall constitute a separate offense. The notice of assessment of a fine ("fine notice") shall be served on the owner, occupant or tenant by hand delivery or by certified mail, return receipt requested, and regular mail to the postal address of the property abutting the sidewalk. Upon failure of the owner, occupant or tenant to pay the fine within the time period prescribed in the fine notice, an action shall be brought before a District Justice in the same manner provided for enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Each day in which a violation is found to exist shall constitute a separate violation. All fines and penalties collected for violations of this article shall be paid to the Township Treasurer.
