Township of Lower Mount Bethel, PA
Northampton County
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Table of Contents
Table of Contents
[Ord. 2014-01, 4/21/2014]
This Part shall regulate all activity by any person or entity involving the construction, reconstruction, paving, repaving, resurfacing, grading, and/or regrading, of driveways, accessways, alleyways, private or public road access, and the installation of new structures above and below ground, within any Township right-of-way, public road, alleyway, and/or highway as defined and enumerated in this Part.
[Ord. 2014-01, 4/21/2014]
This section sets forth the definitions and application of terms covered under this Part.
1. 
General Interpretation. For the purposes of this Part, words and terms used herein shall be interpreted as follows:
A. 
Words in the present tense shall include the future tense.
B. 
If a word is not defined in this Part, but is defined in Chapter 22, Subdivision and Land Development, as amended, the definition in that ordinance shall apply. If a word is defined in both this Part and another Township ordinance, each definition shall apply to the provisions of each applicable ordinance.
C. 
Any word or term not defined in this Part or in Chapter 22, Subdivision and Land Development, as amended, shall be used with its plain and usual meaning within the context of the section.
2. 
Terms Defined. The following words and phrases when used in this Part shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
ACCESS DRIVE or ACCESSWAY
A means of ingress and/or egress accessing more than three dwelling units, or accessing commercial, institutional or industrial use(s) for either vehicles and/or pedestrian traffic from a public or private road. Does not include a farm lane access or a private road.
ALLEYWAY
A right-of-way providing secondary access to the side or rear of one or more lots which has a maximum right-of-way width of 25 feet and a minimum cartway width of 12 feet.
BOARD
The Board of Supervisors of Lower Mount Bethel Township, Northampton County, Pennsylvania.
CLAIMS
Any and all claims, counterclaims, cross-claims, lawsuits, proceedings, actions, causes and rights of action, debts, controversies, awards, attachments, executions, liens, losses, allegations, demands, penalties, charges, injuries, losses, costs (including, without limitation, attorneys' fees and other costs and expenses incurred, including expert witness fees), damages (including, without limitation, compensatory, consequential or punitive damages), sanctions, and liabilities of every kind, character and manner whatsoever, in law or in equity, civil or criminal, administrative or judicial, contract, tort (including, without limitation, negligence of any kind) or otherwise.
CONTRACTOR
The party, person, firm, partnership and/or corporation who or which installs a driveway or street, or opens a road; including all agents, officers or employees of said party, person, firm, partnership and/or corporation.
DRIVEWAY
Any area of land designated or to be used as a means of ingress or egress for either vehicles and/or pedestrian traffic from a public or private road to a parcel or tract of land. Does not include a farm lane access or a private road.
FARM LANE ACCESS
An area of land designated to be used as a means of ingress or egress for agricultural equipment to a field, pasture, barn, silo, etc., provided that this access is used for agricultural-related uses only.
HIGHWAY
A public or private thoroughfare which provides the principal means of vehicle access to abutting lots or that is an expressway, but not including an alleyway, a driveway or an accessway/access drive. The terms "street," "highway" and "road" have the same meaning and are used interchangeably.
MINIMUM USE DRIVEWAY
A residential or other driveway which is used or expected to be used by not more than 25 vehicles per day (which is the equivalent of no more than 50 trips per day).
OWNER
The owner of the land upon which the driveway is located.
PERMIT
A permit issued by the Roadway Occupancy Administrator to signify approval of the driveway, accessway/access drive, street or road opening and/or approval of any work authorized or permitted pursuant to this Part.
PERMITTEE
Any person who makes application for a permit under the provisions of this Part. The terms "permittee" and "applicant" shall have the same meaning and are used interchangeably.
PERSON
Includes, without limitation, any individual, partnership, firm, company, association, society, utility, corporation, joint venture, limited liability company, trust, estate, or other group or entity including, without limitation, all agents, officers or employees of said person.
PRIVATE ROAD
Any road, street, alleyway or thoroughfare built to public road standards but which is maintained by private persons, which has not been offered for and accepted for dedication.
PUBLIC ROAD
Any road, street, alleyway or thoroughfare actually maintained by Lower Mount Bethel Township as part of its road system or shown on a subdivision or land development plan, which is offered to and accepted for dedication by Lower Mount Bethel Township as part of its road system.
RIGHT-OF-WAY
Land reserved for the public or others for use as a street or other purpose. Unless otherwise stated, "right-of-way" shall mean the existing street right-of-way line.
ROADWAY OCCUPANCY ADMINISTRATOR
The person designated by the Board of Supervisors to administer this Part.
SIGHT DISTANCE
The distance along a public or private road in which a driver of a stopped vehicle on a driveway, access drive or intersecting road needs to safely pull out and enter onto the main road. See Pennsylvania Code, Title 67, Transportation, Chapter 441, Access to and Occupancy of Highways by Driveways and Local Roads.
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE (SALDO)
The official ordinance of the Township known as the "Subdivision and Land Development Ordinance," as may be amended by the Township from time to time.[1]
TOWNSHIP REPRESENTATIVES
The Township and its boards, committees and commissions (including the individual members thereof), their elected and appointed officers and officials and their employees, contractors, other professional consultants, engineers, solicitors, managers, representatives, advisors, predecessors, successors, agents, independent contractors, insurers and assigns.
[1]
Editor's Note: See Ch. 22, Subdivision and Land Development.
[Ord. 2014-01, 4/21/2014]
This section sets forth the activities covered under this Part, and the procedure to be followed to obtain a permit hereunder. Any changes, modifications, or alterations of these instructions shall be revised by the Supervisors through ordinance of the Board, from time to time, as is necessary.
1. 
The purpose of this permit program is to regulate the placement of certain structures within Township road rights-of-way and activities conducted within the right-of-way.
2. 
A right-of-way occupancy permit is required for installing new structures above or below ground within the road right-of-way (whether public or private), such as, but not limited to, driveways, utility poles, guy wires, guide rails, gas, electric, sewer, water, telephone, cable TV, storm and culvert swales, and any other conduit or cable installations, including their associated appurtenances. The installations of mailboxes are not regulated by this Part. Farm lane access, as defined by this Part, is not regulated by this Part.
3. 
A road opening permit is required for any activity in the right-of-way (whether public or private) that obstructs the travel ways or the right-of-way drainage. Activities requiring a permit include, but are not limited to, scheduled repair, modifications, or removal of aboveground or underground utilities or structures, conduit or cable, or associated appurtenances and surface drain ways within the right-of-way. Any activities that require the obstruction of the travel way or drainageway require a permit. Cutting of trees and vegetation, coating/repair of private driveways, and emergency repairs of utility service within the limits of right-of-way are not regulated by this Part.
4. 
A right-of-way occupancy permit for a driveway or accessway must be obtained prior to the issuance of a building permit. A building occupancy permit will not be issued until the requirements of the right-of-way occupancy permit are met.
5. 
For proposed minimum use driveways, a sketch shall be attached to the application for right-of-way occupancy permit. All other applications for right-of-way occupancy or road opening permits shall be accompanied by a scaled drawing locating and describing the occupancy and proposed work in relation to the Township road right-of-way line. Easement descriptions are required for private utility placements.
6. 
Temporary road closing requests shall be accompanied by information as to the duration of the closing and timing, as well as a Route and Signing Plan (MUTCD-2009, PennDOT Publications 203-Work Zone Traffic Control, Pub 213, Work Zone Traffic Control Guidelines, and Pub 234, Flagging Handbook) subject to approval by the Township. Proper notification of emergency services, the Township, and others identified by the review of this application will be the responsibility of the permittee.
7. 
During construction, a tire-cleaning mat must be installed at the driveway or accessway entrance in accordance with the Northampton County Conservation District Soil and Erosion Control Standards. No other entrance/exit to the property may be utilized.
8. 
The applicant shall make provisions to maintain uninterrupted parallel drainage along an existing road at the location of the proposed driveway or accessway, or with any modification to an existing driveway or accessway. To ensure compliance, a preconstruction meeting with the Township's Public Works Director or his/her designee is required.
9. 
Insurance requirements, escrows, and required security deposits shall be in accordance with § 21-104, Insurance, Escrow and Deposit Requirements.
10. 
The fees, engineering review escrow, and security deposit will be collected at the time the application is submitted to the Township. The security deposit will be per § 21-104. The Township shall review any application for a permit within 15 days of submission and shall advise the applicant if the application and supporting documentation is incomplete or otherwise not in compliance with the requirements of this Part. Seventy-five percent of the security deposit will be refunded when the work is accepted by the Township as evidenced with a final inspection by the Public Works Director or his/her designee. The refund will be no later than 30 days upon notification that the work is completed and accepted by the Township. The remaining 25% of the deposit will be refunded one year after the initial refund is made, provided the condition of the pavement remains satisfactory. If unsatisfactory restoration is made or the permittee is not able to satisfy the Township or is unresponsive, action will be taken by the Township in accordance with this Part.
11. 
All restoration work must be executed in accordance with this Part, the permit and/or the approved plans for a subdivision/land development, if applicable.
12. 
An initial minimum Engineering Review Escrow (per § 21-104) shall be posted by the applicant, if it is determined that review and/or inspection by the Township will be required. Additional deposits may be required depending on the complexity of the project.
13. 
For a road opening permit involving the construction of a new access drive, local road or private road, safe sight distances shall meet the minimum requirements set forth by Chapter 22, Subdivision and Land Development. Required sight distances will be checked by the Public Works Director or his/her designee and shall be found in compliance before the access drive, local road or private road is opened.
14. 
No driveway or accessway/access drive shall be used to provide ingress to and/or egress from a lot or tract of land for which the use of the lot or tract of land is not permitted in the zoning district in which the driveway or accessway/access drive is located. Stated another way, if the use to be served by the driveway or accessway/access drive is not a permitted use in the zoning district in which the driveway or accessway/access drive itself is located, including but not limited to the use being located in an adjacent zoning district (including one in a neighboring municipality), the driveway or accessway/access drive shall not be used to provide ingress to and/or egress from the lot or tract of land.
[Ord. 2014-01, 4/21/2014]
This section sets forth the escrow, inspection, security deposit and insurance requirements for activities within the purview of this Part. Any changes, modifications, or alterations of this section shall be revised by the Supervisors through ordinance of the Board, from time to time, as is necessary.
1. 
See applicable fee schedule for application fees.
2. 
The following engineering review escrow requirements apply:
A. 
If a review by the Township Engineer or inspection of the work is deemed to be necessary by the Township, the fees for such work will be charged against a review and inspection escrow account in accordance with the Township's Schedule of Rates for Professional Engineering Services. If an escrow deposit is required, a minimum of $250 for old construction and $500 for new construction shall be provided by the applicant to offset anticipated review or inspection fees. If the initial escrow is not sufficient to cover all fees of the Township's Engineer, the applicant shall nevertheless be responsible for all such fees. Any outstanding balance must be paid before the issuance of the applicable permit under this Part, before inspection of work and/or the opening of the driveway, accessway, local road or private road, as applicable. Unused escrow balance will be refunded to the applicant following satisfactory completion of the work.
3. 
Computation of Security Deposit:
A. 
The amount of security to be deposited for street opening applications shall be based on the area of pavement that will be required for restoration of the roadway surface. The deposit amount shall be $25 per square yard times the quantity of roadway pavement anticipated for replacement. The minimum deposit shall be $250.
B. 
Inspection by the Township or its authorized agent shall occur upon notice by the permittee that the work has been satisfactorily completed. If inspection indicates that the work is acceptable, the security deposit will be released in accordance with the provisions of this Part.
4. 
Contractors shall provide evidence of general liability coverage in an amount not less than $1,000,000. See the applicable Township resolution concerning required evidence of insurance, which at the time of the adoption of this Part is Resolution 2013-17.
5. 
If the proposed occupancy or street opening is covered by an improvements agreement through the subdivision and land development approval process, the escrow and security deposit under this Part are not required.
[Ord. 2014-01, 4/21/2014]
This section sets forth the construction standards to be followed and employed for all minimum use driveways, driveways and access drives in the Township, whether new construction, repair, repaving, regrading, resurfacing or relocating same. Any changes, modifications, or alterations of this section shall be revised by the Supervisors through ordinance of the Board, from time to time, as is necessary.
1. 
Driveways and Access Drives.
A. 
All driveways and access drives related improvements shall be located and constructed in a manner as to provide safe access to Township and state roads and not impair the drainage or normal maintenance within road rights-of-way, to alter the stability of any roadway, subgrade, or roadway embankment, to change the drainage of adjacent areas, not to interfere with the traveling public. Sufficient area for and access to off-road parking shall be provided for.
B. 
The driveway within the legal right-of-way of the public road, or for a distance of at least 20 feet from the edge of the cartway from any public or private road, whichever is greater, shall not have a grade in excess of 4%. At no point shall the grade of any driveway exceed 15%.
C. 
The minimum driveway width for minimum use driveways is 12 feet. Width of shared driveways shall be a minimum of 15 feet. Pullover areas shall be required to provide safe passage of two vehicles. All other accessway widths shall be pursuant to Chapter 22, Subdivision and Land Development, or the Pa. Code Chapter 441, Access to and Occupancy of Highways by Driveways and Local Roads, or any successor provision, as the same may be amended from time to time.
D. 
The driveway is to have a minimum five-foot return radius on each side where curbing is not provided and a minimum ten-foot return radii if the posted speed limit is 45 mph or greater.
E. 
The driveway within the legal right-of-way of the public road, or for a distance of at least 20 feet from the edge of the cartway of a public or private road, whichever is greater, shall be paved. The applicant/owner shall maintain this section of the driveway in a paved condition. If this requirement cannot be accomplished at the issuance of a certificate of use and occupancy, a $1,000 escrow shall be collected to ensure this has been accomplished. If not accomplished within one year from issuance of certificate of use and occupancy, Lower Mount Bethel Township can use this escrow to pave the initial 20 feet of driveway. Unused escrow balance will be refunded to the applicant following satisfactory completion of the work. The pavement shall consist of a minimum of three inches of 2A crushed aggregate and 1 1/2 inch of Superpave wearing course.
F. 
A "C" swale/gutter cross section shall be provided across the proposed paved driveway where said driveway intersects noncurbed roads. The cross-section geometry shall be maintained so as to allow for unimpeded stormwater flow.
G. 
If the applicant/owner requests a culvert installation, appropriate sketches and calculations shall be submitted to the Township for review and approval along with the permit application. Pipe material is to be RCP or HDPE, with flared end sections and a minimum fifteen-inch diameter. The crown of the pipe is to be set 12 inches below the finished paved driveway over the pipe as located at the center line of driveway.
H. 
All disturbed areas within the Township right-of-way, but not including the paved driveway, shall be graded and stabilized according to approved subdivision/land development plans if applicable, or otherwise returned to preexisting conditions.
I. 
The applicant/owners shall be responsible for incorporating standard erosion and sedimentation control practices during the driveway construction. Cleanup of off-site sediment or repair of off-site erosion will be at the applicant's/owner's responsibility.
J. 
The owner/applicant shall provide temporary traffic control devices and procedures in accordance with MUTCD and PennDOT Publications 203, 213 and 234, or any successor publication, as may be amended from time to time.
K. 
Where the combination of a proposed driveway (including non-paved portions) and any other impervious surface exceeds 10,000 square feet on a given property, a stormwater management plan must be submitted to the Lehigh Valley Planning Commission. Where the combination of a proposed driveway (including nonpaved portions) and any other impervious surface exceeds the thresholds set forth in the Township's then-current Act 167 ordinance on a given property, a stormwater management plan must be submitted to the Township.[1] The plans must be consistent with the Martins/Jacoby Creeks Act 167 Stormwater Management Plan.
[1]
Editor's Note: See Ch. 23, Stormwater Management.
L. 
Except for connections to local or private roads, driveway accesses from any given lot shall be limited to no more than one access point to a public road.
M. 
The maximum number of minimum use driveways allowed per lot shall be two, with a minimum spacing between driveways of 50 feet.
N. 
No more than three lots shall be served by a private residential driveway in cases of common ownership or shared use of a private residential driveway. As a condition to final plan approval, an agreement providing for the maintenance, repair, construction, and reconstruction, including drainage facility maintenance and snow-plowing of the shared driveway, shall be submitted for review by the Township and, following approval, shall be recorded as a covenant running with the land against the lots in question at the applicant's expense.
O. 
Contact the Pennsylvania One-Call System three business days before digging, call 811 or 1-800-242-1776.
P. 
All driveways shall provide, wherever possible, appropriate accessibility based on the American with Disabilities Act (ADA) across all driveways/curb cuts. Reference should be made to the ADA Accessible Rights-of-Way manual.
Q. 
Sight distance shall be indicated on the sketch as obtained from actual field measurement. Measurement of sight distance shall be measured in accordance with the requirements of the Pennsylvania Code, Title 67, Transportation, Chapter 441, "Access To and Occupancy of Highway by Driveways and Local Roads," latest edition, and attested by the owner's signature on the application. Information shall include the posted speed limit and the grade of the intersected road. A field stake/lathe shall be placed 10 feet back from the edge of the cartway pavement at the center line of the proposed minimum use driveways (15 feet back for other driveways, access drives and intersections). Available sight distances must meet or exceed the sight distance requirements of Chapter 441, or any successor provision, as amended from time to time. For all other access drive and intersections, sight distance shall be in accordance with Chapter 22, Subdivision and Land Development.
R. 
Sight distances shall be verified in the field and be found acceptable by the Township Roadway Occupancy Administrator or his/her designee prior to issuance of an occupancy permit.
S. 
A minimum use driveway shall be located a minimum five feet from a side or rear lot line adjacent to a residential use or residential zoned property.
T. 
Driveways shall intersect roads as nearly as possible at 90°, but in no case less than 75° or greater than 105°, as approved by the Township.
U. 
Driveways to corner lots or lots having access to more than one road shall gain access from the road of lower classification when a corner lot is bounded by road of two different classifications.
V. 
For driveways exceeding 250 feet in length and where the grade of a driveway, at any point, exceeds 8%, a minimum of one off-road parking space shall be required. The off-road parking space shall be located before the grade of the driveway at any point exceeds 8% and shall be outside the driveway access aisle and outside the public right-of-way. Such off-road parking spaces shall be a minimum of nine feet by 18 feet.
W. 
New driveways shall provide for a safe turnaround area outside of the road right-of-way so that vehicles will not be required to back into the adjoining road. Safe turnaround areas shall in all cases be required where driveways access arterial or major collector roads.
X. 
The driveway shall be constructed with a base of stone compacted to six inches and a surface of a minimum of 1 1/2 inch Superpave bituminous wearing course or approved equal. Driveway material standards shall apply to driveways for a minimum of 20 feet from the edge of the cartway or curb. The use of pervious pavement is encouraged to minimize stormwater runoff.
Y. 
Private residential driveways, whether individual or shared, on corner lots shall be located at least 50 feet for local roads, 75 feet for collector roads and 100 feet for arterial roads from the center line of driveway to the point of intersection of the nearest road right-of-way line. Access drives shall be located at least 125 feet, 150 feet, and 250 feet, respectively, for local, collector and arterial roads from the center line of the access drive to the point of intersection of the nearest road right-of-way.
Z. 
Where on-road parking is permitted, the layout of the curb cuts of the driveways shall be designated to maximize the number of on-road parking spaces.
AA. 
Adequate provisions shall be made to maintain uninterrupted parallel drainage along a public street at the point of driveway or access drive entry.
BB. 
Where access is to a state road, a valid state highway occupancy permit shall be obtained prior to the issuance of any Township permits. Where PennDOT standards differ from those of the Township, PennDOT regulations shall apply for access to a state road.
2. 
Access Drives.
A. 
All access driveways shall be paved in their entirety in accordance with design specifications of § 22-523, Subsection 5, of Chapter 22, Subdivision and Land Development. The specifications for such paving shall be approved by the Township as applicable for the specific use proposed. Alternate dust-free, all-weather surfaces for access may be permitted by the Township where appropriate.
B. 
The access drive within the legal right-of-way of the public road, or for a distance of at least 20 feet from the edge of the cartway of a public or private road, whichever is greater, shall not have a grade in excess of 4%. The grade of any access drive shall not exceed 10%.
C. 
Access drive entrances into all nonresidential and nonagricultural use properties shall be no less than 24 feet in width, shall not exceed 36 feet in width at the road line unless provided with a median divider, and shall be clearly defined by curbing. The curbs of these driveway entrances shall be rounded with a minimum radius of 20 feet from where they intersect the road.
D. 
To the greatest extent practicable, access to new individual uses shall be by way of internal access drives. Access drives shall be limited to one along the frontage of any single major collector or arterial road and two along the frontage of any other single road. Where two access drives are permitted, their center lines shall be spaced a minimum of 250 feet apart.
E. 
Concrete aprons shall be provided for all access drives with concrete sidewalks. Concrete aprons shall be a minimum of six inches of Class AA concrete (a twenty-eight-day minimum compressive strength of 3,500 psi and 6% air entrainment by volume) and shall be structurally reinforced with six-inch-by-six-inch, nine-gauge welded wire fabric on four inches of 2A aggregate.
[Ord. 2014-01, 4/21/2014]
This section sets forth the requirements for restoration of street and road excavation. Any changes, modifications, or alterations of these instructions shall be revised by the Supervisors through ordinance of the Board, from time to time, as is necessary.
1. 
All street excavation and roadway restoration shall be in accordance with the following minimum standards (see also Trench and Restoration Details[1]):
A. 
Trench Backfill.
(1) 
Cut trench and excavate.
(2) 
Install granular bedding and initial backfill, as required by utility.
(3) 
2A crushed stone backfill; eight-inch lifts, tamped to surface.
B. 
Temporary Roadway Replacement (required for 30 to 60 days).
(1) 
2A crushed stone, tamped.
(2) 
Two inches of approved cold patch, compacted.
(3) 
Maintenance for 30 to 60 days.
C. 
Permanent Hard-Surfaced Roadway Replacement within 60 days.
(1) 
Saw-cut trench to cut back of 12 inches.
(2) 
Excavate to minimum depth required for placement of full section or as directed.
(3) 
Four inches of 2A crushed stone.
(4) 
Four and one half inches of base course Pg. 64-22, 25 mm Superpave asphalt.
(5) 
One and one half inches of wearing course Pg. 64-22, 9.5 mm mixture, SRL-H.
(6) 
Joint or edge sealing.
D. 
Permanent Gravel-Surfaced or Unsurfaced Roadway/Shoulder Replacement.
(1) 
Replace existing surface material in kind and compact.
[1]
Editor's Note: See diagrams included as an attachment to this chapter.
2. 
Minimum use driveway construction shall be in accordance with § 21-105, Minimum Use Driveway, Driveways and Access Drive Design and Construction Standards, and the Minimum Use Driveway Details Areas[2] outside the roadway shall be properly restored, graded, topsoiled, seeded and mulched, industrial driveway restoration included. Roadside swales and ditches and drainage facilities shall be restored to original design grades. All disturbed areas shall be stabilized in accordance with acceptable practices for soil erosion and sedimentation control. NOTE: Disturbed areas exceeding one acre require County Conservation District review. Pavement construction and restoration work shall be in accordance with the latest edition of the Department of Transportation's Form 408, except as specified by Township ordinance.
[2]
Editor's Note: See diagrams included as an attachment to this chapter.
[Ord. 2014-01, 4/21/2014]
Any person who shall violate or fail to comply with any of the provisions of this Part or any order issued pursuant to this Part commits a summary offense, and upon conviction thereof, be sentenced to pay a fine of up to $1,000, together with costs incurred by the Township involved in the prosecution of each offense. In default of payment of such fine, the defendant shall be sentenced to imprisonment for not more than 10 days. The Township Solicitor's office may assume charge of the prosecution without the consent of the District Attorney as permitted under the applicable Pennsylvania Rules of Criminal Procedure relating to trial in summary cases. All fines and penalties collected for any violation of this Part shall be paid to the Township and delivered to the Township treasurer for deposit. Each day or any portion thereof in which a violation is found to exist shall be considered a separate offense under this Part. Likewise, each section of this Part which is found to be violated shall be considered a separate offense.
[Ord. 2014-01, 4/21/2014]
Any person applying for any permit under this Part agrees that by making said application, the Board of Supervisors may direct the removal, repair, or alterations of any condition which constitutes a violation of this Part, as the case may be, which removal, repair or alteration shall be done by the Township and to certify the costs thereof to the Township Solicitor. The costs incurred by the Township of such removal, repairs, or alterations shall become a lien upon premises involved from the time of such removal, repair, and alteration. The date of completion shall be determined by the certificate of the person doing such work, and filed with the Township Secretary.
[Ord. 2014-01, 4/21/2014]
The Township, by means of a complaint in equity, may compel the owner of the premises to comply with the terms of any notice of violation, or seek any such other relief as any court of competent jurisdiction is empowered to afford. All remedies provided to the Township hereunder are cumulative.
[Ord. 2014-01, 4/21/2014]
Fees shall be established by separate fee schedule resolution adopted from time to time by the Board of Supervisors.
[Ord. 2014-01, 4/21/2014]
All ordinances, resolutions and/or other Township regulations, or parts of ordinances, resolutions and/or other Township regulations, inconsistent with the provisions of this Part are hereby repealed, including but not limited to Ordinance 1994-1. All other provisions of the ordinances, resolutions and/or other regulations of the Township that are not in conflict herewith shall remain in full force and effect.
[Ord. 2014-01, 4/21/2014]
Any person, firm, corporation, or other entity applying for any permit under this Part agrees, by making said application, to the following provisions concerning the obligations to indemnify and save the Township harmless from and against all liabilities of whatever nature arising during the design of the work, performance of the work, or as a result of the work for which a permit is granted, whether or not compliant with the permit itself. The application for a permit shall contain appropriate language acknowledging that the applicant agrees to indemnify and hold the Township harmless as required by this section.
1. 
The permittee, and its agents, contractors, employees, heirs, executors, representatives, successors and assigns shall exonerate, indemnify, protect, defend (through legal counsel of Township's choice) and save harmless the Township representatives from any and all claims, pertaining to, relating to, resulting from, caused by or arising out of:
A. 
The design, construction (including but not limited to materials and workmanship), alignment or operation of the improvements made under the permit, including but not limited to any alleged negligence of the Township or Township representatives, for damages or injuries, including death, to person or properties;
B. 
The failure of the permittee or the permittee's agents, contractors, employees, heirs, executors, representatives, successors and assigns to comply with the terms of the permit or this Part; and/or
C. 
For a period of two years after completion of the work associated with the improvements, the failure of the permittee or the permittee's agents, contractors, employees, heirs, executors, representatives, successors and assigns to restore the cartway within the Township right-of-way in the immediate area of the improvements where there is no similar failure of the cartway within the Township right-of-way beyond the area adjacent to the improvements.
2. 
If requested by the Township, the permittee shall assume, without expense to the Township Representatives, the defense of any claims against the Township Representatives covered by Subsection 1 above. The indemnification and other obligations required by this Part shall apply to all claims, regardless of the appearance or determination at any time or times, by any party, any court, or any other person or entity, of the merit of such claims, even if such claims are ultimately and finally determined to be frivolous, fraudulent or without any connection to any of the foregoing matters or parties. The intent of this Part is that this § 21-112 shall be interpreted broadly for the benefit and protection of the Township representatives.
[Ord. 2014-01, 4/21/2014]
The permittee agrees to waive, release and forever discharge the Township representatives of and from all manner of claims, pertaining to, caused by, relating to, arising out of or resulting from damages or injuries, including death, to person or properties pertaining to, relating to, resulting from, caused by, arising out of or sustained in connection with the design, construction, alignment or operation of the improvements, including but not limited to any alleged negligence of the Township representatives.