[Ord. 139, 1/9/1953, § 1; as amended by Ord. 312,
12/13/1965, § 1; and by Ord. 524, 12/31/1991]
Any person, partnership, association and corporation desiring
to open any highway or land in West Norriton Township, whether public
or conditionally accepted for dedication by the Commissioners, or
to do any work of paving or curbing of streets and sidewalks where
excavation is involved shall first procure from the Township Secretary
a permit authorizing such opening or excavation and deliver to the
Township Secretary a bond, with approved surety, to indemnify the
Township against all loss or damage resulting therefrom. Said bond
shall be delivered and approved before said permit shall be issued;
Provided, however, that where the total cost of the project for which
the permit is procured shall be as established from time to time by
resolution, no bond shall be required, in which event the permit fee
shall be as established from time to time by resolution. This provision
shall have no application to the cartways of highways where the regulations
otherwise established in this Part 6 shall prevail.
[Ord. 139, 1/9/1953, § 2; as amended by Ord. 229,
12/15/1959, § 1; by Ord. 312, 12/13/1965, § 2;
and by Ord. 524, 12/31/1991]
The permit shall be effective for the calendar year in which
it is issued, and the fee therefor shall be as established from time
to time by resolution, except as heretofore provided. However, where
a property owner desires to procure a permit for one particular opening
or excavation, such permit shall authorize only such opening, and
the fee therefor shall be as established from time to time by resolution,
except as heretofore provided. Said fees shall be paid to the Township
Secretary and transmitted by him to the Township Treasurer. All permits
procured under the provisions of this Part 6 are granted subject to
the conditions set forth in the application for the permit. Such conditions
are incorporated into this Part 6 by reference thereto, and any violation
of such conditions shall constitute a violation of this Part 6 and
subject the violator to the penalties provided for herein.
[Ord. 139, 1/9/1953, § 3]
The bond shall be in such form as may, from time to time, be
approved by the Board of Commissioners. Where a permit is procured
covering the calendar year in which it is issued, the bond shall be
in the sum of $3,000; and where a permit is procured for one particular
opening, the bond shall be in the sum of $1,000. All bonds shall be
approved by the Township Solicitor or other authorized Township officer
before any opening is undertaken.
[Ord. 139, 1/9/1953, § 4; as amended by Ord. 524,
12/31/1991]
Any person, partnership, association or corporation who shall
violate any of the provisions of this Part 6 shall forfeit and pay
a fine of not more than $600, the same to be collected by a proceeding
before a District Justice in said Township or recovered the same as
debts of like amount are now by law recoverable, and in default of
payment of said fine and costs, shall be liable to imprisonment for
not more than 30 days in the Montgomery County Prison; and whenever
said violator shall be notified by a representative of the Township
or by service of summons or prosecution, or in any other way, that
such violation has been committed, each day that the violator shall
continue in such violation shall constitute a separate offense, punishable
by a like fine or penalty.
