[Ord. No. 5/13/1998; as
amended by Ord. No. 020900-A, 2/9/2000]
1. All ditches located in Wesleyville Borough and Wesleyville Borough
rights-of-way are declared the exclusive property of Wesleyville Borough.
2. All maintenance, upkeep, alteration, addition, deletion or any work
to be performed on said ditches shall be done by Wesleyville Borough
unless hereinafter provided otherwise.
3. All person, corporations, adjacent property owners or any other persons
are hereby prohibited from performing any act that might obstruct,
hinder, block or otherwise affect the flow of drainage water in said
ditches.
4. All persons, corporations, adjacent property owners or any other
persons are prohibited from entering onto the Borough right-of-way
of the purpose of performing any alteration to a ditch without the
permission of the Wesleyville Borough Council, as hereinafter set
forth.
5. Any person, corporation of other entity desiring to perform any work
on or to perform any act which is prohibited by this Part may apply
for a permit to perform said work or act.
6. The application for the permit under this section shall contain the
following information:
A. Name and address of the person or entity making the application.
B. The location where the person or entity desires to perform the work
or the act.
C. The estimated time frame of the work or the act.
D. A description of the work to be performed and the proposed purpose
for the work.
E. The permit fee as set forth by Wesleyville Borough.
7. The Council, upon receipt of any application for a permit under this
section, shall refer the application the Supervisor of the Streets
Department or Council member in charge of the Streets Department.
The Supervisor of the Streets Department or Council member in charge
of the Streets Department shall approve or reject the application
and notify the applicant, in writing, of the decision within 10 days
of the filing of the application, setting forth in the written notification
his/her reasons for rejection of the application.
8. If the Supervisor of the Streets Department or the Council member
in charge of the Streets Department rejects an application, the applicant
shall have the right of appeal to the Wesleyville Borough Council
by notifying the Council, in writing, within 10 days after the receipt
of the denial by the Supervisors of the Streets Department or the
Council member in charge of the Streets Department. If an appeal is
received from the applicant, the Council shall schedule a hearing
at its next regularly scheduled meeting, at which time the applicant
shall be heard by Council. The Council shall provide notice to the
applicant of the date and time of the hearing.
9. The applicant agrees to produce and install all material in accordance
with applicable Borough ordinances, policies and rules and regulations.
10. The costs of the permit shall be in accordance with and be in conformance
with the form attached to this Part.
11. The permit issued shall include and indicate as to where the culvert
pipe or access is to be located and the size and type of construction
of the culvert pipe to be installed at the location identified on
the permit.
12. All culvert pipe must be of corrugated steel, aluminum or reinforced
concrete or other material, if approved in writing by the Supervisor
of the Streets Department or the Council member in charge of the Streets
Department. The minimum size pipe culvert must be 15 inches in diameter.
Where recommended by the Borough Engineer, a larger drainage pipe
shall be installed by the applicant.
13. The applicant must be responsible for the purchase of all required
materials and the proper installation of the culvert pipe.
14. Where required by the Supervisor of the Streets Department or the
Council member in charge of the Streets Department, catch basins shall
be installed by the applicant. All catch basins shall be PennDOT Type
M inlet boxes with steel frame and bicycle-safe grates or as approved
by Council.
15. In granting an application, the Supervisor of the Streets Department
or the Council member in charge of the Streets Department or Council,
as the case may be, may impose such reasonable conditions as it may
deem necessary to protect the interest of the Borough, including,
but not limited to, the posting of bond, specifying the type and quality
of materials to be used, determining the depth of the pipe to be laid,
approving the project design, requiring catch basin sloping and ditching
if necessary and providing any other conditions that the Supervisor
of the Streets Department or the Council member in charge of the Streets
Department or the Council may deem necessary for the protection of
the Borough's interest.
16. The application shall post a reasonable cash bond in an amount to
be determined by the Supervisor of the Streets Department or the Council
member in charge of the Streets Department to ensure the proper installation
of said culvert pipe and/or catch basin. The bond shall be forfeited
if the Borough has to correct any drainage problems.
17. After installation of the pipe and/or catch basin there shall be
a final inspection by the Borough or its authorized representative,
and there is hereby established an inspection fee of $50 which shall
be paid at the time of the issuance of the permit.
18. Any piping or any improvements made under the terms of any permit
granted under this Part shall become the property of Wesleyville Borough.
19. In granting a permit under this Part, Wesleyville Borough does not
undertake any obligations to maintain, repair or replace said improvements
and the obligation of maintenance, repair of replacement shall remain
on the applicant. If maintenance, repair or replacement is necessary
and is not effected by the applicant, Wesleyville Borough reserves
the right to remove said improvements or replace or repair said improvements,
and the applicant agrees to bear the cost incurred by Wesleyville
Borough and to save and hold harmless Wesleyville Borough from any
costs.
20. Any persons, corporations, adjacent property owners or any other
persons who enter onto the Borough right-of-way in ditches for the
purpose of performing any alterations to a ditch without securing
the permission of the Council, in the manner provided herein, shall
be guilty of violating this Part. Each day such actions are continued
without having secured a permit shall be a separate violation. Any
persons, corporations, adjacent property owners or any other persons
who violate the provisions of this Part shall be subject to a fine
of $300 per violation.
21. In making an application under this Part, the applicant shall agree
to hold and save harmless Wesleyville Borough for any and all liability
or expenses arising out of the performance by the applicant of any
work performed under the permit. The applicant, at the time of issuance,
shall evidence insurance coverage and shall name Wesleyville Borough
as an additional insured.