[Ord. 24C, 11/13/1973, § I]
1. The following words, when used in this part, shall have the meanings
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise:
PERSON
Any natural person, partnership, firm, association or corporation.
ROAD
Any public street, avenue, road, square, alley, highway or
other public place located in the Township and established for the
use of vehicles.
2. In this part, the singular shall include the plural and the masculine
shall include the feminine and neuter.
[Ord. 24C, 11/13/1973, § II]
It shall be unlawful for any person to stop, obstruct any public
road in the Township or commit any nuisance thereon by felling trees,
making fences, turning the road, obstructing the drainage of the road
or any ditch of the road, to cause any drainage onto any road or increase
the drainage onto any road by means of a ditch, driveway or any other
means, or in any other way.
[Ord. 24C, 11/13/1973, § III]
It shall be unlawful for any person to open, to make any excavation
of any kind in any road in the Township, to open any driveway onto
any road in the Township, or to make any structural change in any
driveway opening onto any road in the Township without first securing
a permit thereon as hereinafter provided.
[Ord. 24C, 11/13/1973, § IV]
Any person who desires to make any opening, excavation, open
any driveway, or to make any structural change in any driveway in
or on any of the roads in the Township shall make application to the
Zoning Officer of the Township in writing for that purpose. Such application
shall be made upon blanks to be furnished by the Township and shall
set forth the name of the applicant, the exact location of the proposed
opening or excavation, and the approximate size or depth thereof,
the type and length for road drainage, and shall contain an agreement
on the part of the applicant that the work shall be done in full compliance
with the ordinances of the Township and the laws of the commonwealth
in relation thereto, and that the applicant shall well and truly save,
defend and keep harmless the Township from and indemnify it against
any and all actions, suits, demands, payments, costs and charges for
or by reason of the proposed opening or excavation, and all damages
to persons or property resulting in any manner therefrom, or occurring
in the prosecution of the work connected therewith, or from any other
matter, cause or thing relating thereto.
[Ord. 24C, 11/13/1973, § V; as amended by A.O.]
Before any permit shall be issued to open or excavate any road
in the Township, the applicant shall pay to the Zoning Officer of
the Township, a permit fee in the minimum amount as established, from
time to time, by resolution of the Board of Supervisors, to cover
the cost of inspection and other incidental services in connection
therewith. When application shall be made to open or excavate any
longitudinal opening or excavation in excess of 20 feet, before any
permit shall be issued so to open or excavate, the applicant shall
pay, in addition to such minimum fee, an additional fee at the rate
as established, from time to time, by resolution of the Board of Supervisors,
for each 100 feet or fraction thereof to be opened or excavated upon
such road. The permit fee for opening any driveway which has more
than one exit onto a Township road shall be an amount as established,
from time to time, by resolution of the Board of Supervisors, for
the first opening and for each additional opening. All driveways shall
be at least 20 feet wide and shall not be more than 35 feet wide at
the opening upon any Township road.
[Ord. 24C, 11/13/1973, § VI; as amended by A.O.]
Any person who shall not within 60 days after notice given by
the Township, forthwith remove the obstruction or nuisance and repair
the damage done to such road, or any person who shall not complete
construction of driveway within six months after issuance of permit,
or any person who shall fail to obtain a permit for opening, excavating
or opening a driveway onto a Township road, upon conviction thereof
in an action brought before a magisterial district judge in the manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure, shall be sentenced to pay a fine of not
more than $1,000 plus costs and, in default of payment of said fine
and costs, to a term of imprisonment not to exceed 90 days. Each day
that a violation of this part continues or each section of this part
which shall be found to have been violated shall constitute a separate
offense.