Township of Easttown, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Easttown as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Driveways — See Ch. 177.
Snow emergencies; snow removal — See Ch. 362.
Vehicles and traffic — See Ch. 430.
Towing and impoundment of vehicles — See Ch. 439.
Standard construction and material specifications for public improvements — See Ch. A490.
[Adopted 6-18-1956 by Ord. No. 29]

§ 395-1 Prohibited acts; exceptions.

From and after the effective date hereof, no person, firm, partnership, or corporation or the officers or employees thereof shall erect, construct, place, discard or maintain any obstruction to the safe or convenient use of the streets, roads, footwalks, culverts, drains or bridges in the Township. Nothing in this section, however, shall be construed to prohibit the construction or placement of temporary barricades which may be required for the public safety or of forms incident to and approved as a part of works for which a permit has been issued as hereinafter provided.

§ 395-2 Permit application; fee. [1]

Any person, firm, partnership or corporation desiring to erect, construct or place any object, including, but not limited to, curbs, sidewalks, culverts, driveways, drains or ditches, within or over the right-of-way of any road or street of the Township, or to dig up the same, shall submit to the Township Engineer, on a form to be provided by the Township, a description of the work or object proposed and shall also, if required by him, submit specifications and a drawing to scale of the same, together with a written request for approval of said proposal and a fee in an amount established by resolution of the Board of Supervisors to defray the costs of administering this article. Nothing in this section shall be construed to require the submission of a request for approval of any work or placement for which approval is required and granted by the Commonwealth of Pennsylvania.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 395-3 Guaranties; bonds.

The Board of Supervisors may, in its discretion, as a condition precedent to approval by the Township Engineer, require the applicant or proposer to give to the Township a sum of money as a deposit and guaranty, or a performance bond in a form and with corporate surety approved by the Board, in an amount sufficient to defray the cost of the proposed work, as determined by the Township Engineer, within the time permitted.

§ 395-4 Investigation by Township Engineer; issuance of permit.

Upon receipt of the application and the payment of the fee as required by § 395-2, the Township Engineer shall examine the proposal and inspect the site thereof, and, if he shall find that the same, as proposed, will not result in a violation of this article, he shall issue a written permit for the project to proceed. The Township Engineer may, nevertheless, direct the amendment of any plan or proposal so as to make it conform to the requirements of this article; he may also set the dates and time of day when work may commence or be carried on and when it must be completed, and he shall not issue a permit if he believes, after investigation, that the object cannot be installed or the work cannot be accomplished without resulting in a violation of the provisions of this article, or that either the materials or methods proposed will be unsubstantial, unworkmanlike or otherwise unsuited to the requirements of the proposed object, work or project.

§ 395-5 Permit required; approval of changes required.

A. 
No person, firm, partnership or corporation or the officers or employees thereof, required to request approval of a proposal or project by the terms of this article, shall commence or perform any work to erect, construct or place any object within or over the right-of-way of any street or road of the Township without first having received the permit of the Township Engineer and having met all the requirements of this article.
B. 
No work required to be approved hereunder shall be performed in other than the approved manner or with other than the approved materials or, if so limited, during other than the approved hours without having first received the written permission for such change from the Township Engineer.

§ 395-6 Removal of obstructions; nonconforming or substandard work.

The Board of Supervisors shall have the power to remove, or cause to be removed, from the right-of-way of any street or road of the Township any obstruction to the safe or convenient use of the streets, roads, footwalks, culverts, drains and bridges and also to remove, or cause to be removed, therefrom any nonconforming or substandard work placed or performed after the effective date hereof and to recover the cost of such removal by summary proceedings.

§ 395-7 Violations and penalties.

[Amended 10-7-1996 by Ord. No. 293-96]
Any person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
[Adopted 6-3-1974 by Ord. No. 122]

§ 395-8 Permit required; conditions. [1]

In accordance with the provisions of 53 P.S. § 67322, as amended, 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 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. All street excavations shall comply with Chapter A490 of this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 395-9 Application for permit. [1]

The application for a permit shall be on a form prescribed by the Township and submitted to the Township in duplicate. The application shall be accompanied by a fee in accordance with the schedule of fees set forth by the Department of Transportation for highway occupancy permits and restoration charges. In addition, the applicant shall submit two 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 395-10 Issuance of permit.

A permit shall be issued to the applicant after all the aforementioned requirements have been filed.

§ 395-11 Notice upon completion of work.

Upon completion of the work, the applicant shall give written notice thereof to the Township.

§ 395-12 Inspections; defects. [1]

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. In addition to that inspection, the Board of Supervisors or its agents may reinspect the work not more than two years after its completion, and if any settlement of the road surface or other defect appears in the work contrary to the conditions, restrictions and regulations of the Township, the Board of Supervisors may enforce compliance therewith. Where any settlement or defect in the work occurs, if the applicant shall fail to rectify any such settlement or defect within 60 days after written notice from the Township to do so, the Township may do the work and shall impose upon the applicant the cost thereof, together with an additional 20% of such cost.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 395-13 Violations and penalties. [1]

Any person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).