From and after the effective date of this article, no property
owner, person, association of persons, firm, corporation, contractor,
general agent, lessee, tenant or representative of any of the aforementioned
shall open, grade or construct any private road, lane, driveway, alley
or any road, drive or street intended for either public and/or private
use where the same intersects, abuts or adjoins any Township road
or street without first providing for the installation and construction
of drainage facilities and apron approaches at the intersection of
such roads, streets, drives, alleys, lanes and driveways with Rochester
Township roads and streets in accordance and compliance with rules,
regulations, requirements and specifications as adopted by the Board
of Commissioners of the Township; filing an application for permission
to install and construct such facilities; and having been officially
issued a permit by the Board of Commissioners to perform such work.
Before the commencement of any work of grading, constructing
and opening of any roads, streets, drives, alleys or driveways, or
the installation of any drainage facilities and apron-type approaches,
the property owner, person, association of persons, firm, corporation,
contractor, general agent, lessee, tenant or representative of any
of the aforementioned shall file with the Township Board of Commissioners
an application for permission to perform such work on a form prescribed
by such Board. The application shall set forth the name of the applicant,
the name of the owner of the property, the name of the contractor
or person to perform such construction, the location of construction,
the materials proposed to be used, and the type of construction proposed,
along with such other information as shall be necessary to enable
the Board of Township Commissioners and its duly authorized representative
to determine that the proposed improvement will conform to the provisions
of this article.
The applicant shall submit with his/her application for a permit
a fee payable to the Township, in accordance with the fee schedule
to be adopted by the Township Board of Commissioners, and amended
from time to time, to defray or help to defray the cost of issuing
such permit and performing the necessary inspection service.
No permit shall be issued until the authorized representative
of the Township Board of Commissioners has inspected the application
and the site of the proposed improvements and has certified that the
improvements as proposed in the application will comply with all provisions
of this article. The Board of Township Commissioners or its duly authorized
representative shall, in writing, either approve or reject the application
within a period of 10 days from the date of the receipt of such application.
In the event of rejection, the Board of Township Commissioners or
its duly authorized representative shall state in writing to the applicant
the reason for such rejection.
Before a permit is issued to any applicant, the Board of Township
Commissioners shall require the applicant to furnish a bond to the
Township in such form, in such amount and with sufficient and approved
surety acceptable to the Board of Township Commissioners. Such bond
shall be submitted as assurance and guaranty by the applicant to the
faithful performance and completion of all work required under the
permit to be fulfilled in compliance with all the requirements and
provisions of this article.
A.
The Board of Township Commissioners and its duly authorized representatives
shall have sole discretion in determining, specifying, requiring and
regulating the following:
(1)
Determination as to whether a drainage pipe or an apron type of approach
or perhaps both shall be required in the construction of the improvements
for which a permit is being applied for.
(2)
Location, diameter, length and specifications of drainage pipe to
be installed.
(3)
Grade, profile, cross section, thickness, width, location and specifications
of materials of an apron-type approach to be constructed.
B.
The diameter and the specifications of materials of the drainage
pipe by necessity may vary from location to location to provide adequate
facilities to meet existing or anticipated drainage problems; however,
the minimum diameter of the drainage pipe permissible to use shall
be specified by the Township's representative on the permit when
issued. The specifications for corrugated metal pipe, reinforced concrete
pipe and corrugated plastic pipe shall meet the minimum requirements
of the Pennsylvania Department of Transportation for material and
methods of installation.
The materials used and the methods of installation, construction
and performance of work shall be in strict accordance with the specifications
and requirements set forth on the permit issued to the applicant by
the Township and shall be completed in strict compliance with the
provisions of this article.
Upon the completion of the installation and construction of
the drainage and apron approach facilities, the applicant shall notify
the Board of Township Commissioners of such completion. The Township's
authorized representative shall make an inspection of the installation
and construction to determine if the same has been installed, constructed
and completed in compliance with all of the provisions of this article.
The Township's representative shall submit to the Township Commissioners
a report of his/her inspection of the work and improvements and thereon
recommend his/her approval or rejection of the work performed.
The applicant, or his/her or its successors and assigns, shall
clean, repair and maintain in a safe condition all drainage pipe and
apron approaches serving as ingress and egress to the property and
replace such facilities as required.
No road, street or drive hereafter presented to the Township
Board of Commissioners for acceptance as a part of the Township road
and street system shall be accepted by the Board of Commissioners
unless and until each intersecting private and/or public road, street,
drive, alley, lane and driveway shall be equipped with drainage facilities
and/or apron approaches meeting all of the specifications, requirements
and provisions prescribed in this article.
No property owner, person, association of persons, firm, corporation,
contractor, general agent, lessee, tenant or representative of any
of the aforementioned shall enlarge, alter or reconstruct any existing
road, street, drive, lane, alley or driveway, either for private and/or
public use, without first obtaining a permit for such work and complying
with all the provisions of this article.
No person shall remove, relocate, obstruct or change the course
of any drainage pipe without first obtaining a permit from the Board
of Township Commissioners. No grading or construction of driveways
and drainage facilities shall be done in a manner that in any way
diverts or obstructs the proper drainage of Rochester Township roads
and streets or such act shall be considered a violation of this article.
If the necessary and required work of correcting faulty and
unsatisfactory drainage conditions has not been performed or the installation
and construction of drainage facilities and apron approaches have
not been performed and satisfactorily completed within the time period
so specified in the notification of violation and/or permit and in
compliance with all of the provisions of this article, the Board of
Township Commissioners shall cause the same to be done in the manner
that it deems proper, and all of the expense incurred by the Board
of Township Commissioners in performing such work shall be charged
to the person, persons, firm or corporation that the Board of Township
Commissioners deems responsible for such violation and deems to be
liable and obligated for such costs.
A.
Failure to secure a permit prior to the commencement of any work
mentioned and covered under this article shall be a violation of this
article.
B.
The failure to observe and conform to any of the provisions of this
article shall be deemed a violation of this article.
C.
The failure to comply immediately with any stop, cease and desist
order issued by the Board of Township Commissioners or its duly authorized
representative shall be deemed a violation of this article.
D.
When written notice of a violation of any provision of this article
has been served by the Board of Township Commissioners or its duly
authorized representative on the property owner, person, association
of persons, firm, corporation, contractor, general agent, lessee,
tenant or representative of any of the aforementioned, such person
or firm shall immediately stop, cease and desist such violation.
A.
Whoever violates any provision of this article, whether property
owner, person, association of persons, firm, corporation, contractor,
general agent, lessee, tenant or representative of any of the aforementioned,
or any other person who commits, takes part or assists in any such
violation, shall be fined not more than $600, plus costs of prosecution,
for each and every offense, and, in default of payment of such fine
and costs, imprisoned for a term not exceeding 30 days. Whenever any
such person has been notified by the Township Commissioners in writing
that he/she has committed a violation of this article, then every
10 days that a violation exists after such notification shall constitute
a separate violation of this article and shall be punishable as a
separate offense.
B.
Fines, penalties and costs relative to such violations shall be collected
as like fines, penalties and costs are now by law collected.
