Township of Upper Burrell, PA
Westmoreland County
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The following conditions shall apply to all permits issued under the provisions of this chapter:
The permit issued shall be binding upon the permittee, his agent's contractors, successors, and assigns.
The permittee shall be responsible for compliance with all of the terms and conditions of the permit.
The permit shall be located at the work site and available for inspection by a representative of the Township during the time period that work is performed.
The permit shall be maintained by the permittee as a permanent record and remain in effect and subject to permit conditions as long as the driveway, road, street, or drainage facility and structure authorized by the permit exists.
Responsibility for compliance with the terms of the permit shall not be assigned or transferred by the permittee without first obtaining prior written approval from the Township.
The Township of Upper Burrell, in granting the permit, does not waive any of its rights to require future changes in the operation, removal, relocation, or proper maintenance of any driveway, road, street, drainage facility or structure authorized by a permit issued pursuant to this chapter.
The permittee shall maintain the driveway, road, street, drainage facility or structure authorized by any permit issued pursuant to this chapter.
All work and activity to be performed within the Township's right-of-way shall be performed at such time and in such manner as to conform to all the requirements and standards found in the current volume of Publication 408 of the Pennsylvania Department of Transportation.
In the event of the failure and neglect or refusal by the permittee to perform and comply with the conditions of the permit or the provisions of this chapter, the Township of Upper Burrell may immediately revoke and annul the permit and order and direct the permittee to remove any and all structures, equipment, or property belonging to the permittee or its agents, employees, or contractors from the legal limits of the right-of-way and to restore the right-of-way to its former conditions. In the event that the Township determines that such structures, equipment, or property pose a threat to the public safety and the permittee fails, neglects, or refuses to remove the same after notice from the Township to do so, then the Township of Upper Burrell shall be authorized to appear for the permittee or have any attorney of any court of record appear for the permittee and to enter an amicable action of ejection and confess judgment against the permittee; and the Township of Upper Burrell or said attorney shall be authorized to issue forthwith a writ of possession without leave of court, all at the cost of the permittee.
In undertaking activity under a permit, the permittee shall, with due diligence in a continuous and regular fashion, perform all work and install all material and facilities provided for in said permit and shall undertake during such work to provide safety measures satisfactorily to the Township to protect the public and those lawfully using the Township road from injury, damage or harm.
If the permittee, after undertaking work, fails to continue, pursue, complete, or restore the same and it is determined in the sole judgment of the Township that the interests of the public safety, health, and general welfare require the continuation and completion of the work to standards as determined by the Township; then, and in the event, the Township may undertake said work and, upon completion, lien the costs of the same, together with a penalty of 10% and reasonable attorneys' fees, against the permittee and his property.
Unless specifically authorized by the permit, the permittee shall not alter the existing drainage pattern or the existing flow of drainage water, or direct additional drainage of surface or runoff water onto or into the roadway, roadway drainage facilities, or on the road right-of-way, which would have a detrimental effect on said road drainage facilities or right-of-way.
Drainage control for minimum-use driveways shall be as follows:
If the driveway from any land to a Township road necessitates the crossing of any drainage facility or drainage channel within the right-of-way, then said driveway shall be so constructed as to provide a pipe or conduit of a material designated by the Township of a dimension sufficient to carry the volume of water within said drainage facility or channel, but, in no event shall said pipe or conduit be of a size of less than 12 inches inside diameter, unless approved by the Township Engineer.
Drainage control plan for other than minimum-use driveways shall be as provided in Title 67 of the Pennsylvania Code of Regulations, Section 441.3(g) and (h).