[Ord. 213, 5/9/1984; as amended by Ord. 313, 7/11/1990; and by Ord. 566, 2/27/2013, § III]
1.
It shall be unlawful for any person, firm, association, corporation or other entity to open, occupy or break the surface of the ground within the boundary of any public highway, roadway, alley, sidewalk, footpath or other public right-of-way, except for the purposes set forth in Subsection 2 hereof and after first having obtained a permit to do so from the Code Enforcement Department. See also § 21-114, Subsection 1.
2.
The Code Enforcement Department may issue a permit authorizing the
opening, excavation or occupation of areas within the boundary of
any public highway, roadway, alley, sidewalk, footpath or other public
right-of-way only for the following purposes:
A.
Laying, repairing, replacing or connecting public water or sewer
pipes, drains or conduits undertaken by the Bucks County Municipal
Water and Sewer Authority or by any other entity with the prior approval
and under the express direction of the Township.
B.
Laying, repairing, replacing or connecting pipes, drains or conduits
of public utilities or other public service companies.
C.
Setting, planting, replacing or removing telephone or telegraph poles,
streetlights or traffic control signs.
D.
Laying, constructing, installing, repairing or replacing driveways, sidewalks, curbs and gutters, except where the Code Enforcement Department shall determine that no permit is required for such activity pursuant to § 21-111.
E.
Constructing or installing mailboxes.
3.
No permit shall be issued to perform an opening or excavation of
any Township highway, roadway, alley or other public right-of-way
that was constructed, reconstructed or resurfaced fewer than three
years prior to application for a permit under this Part, unless the
applicant agrees in writing to overlay or pave the surface of the
public right-of-way, from curb to curb and intersection to intersection,
to the satisfaction of the Township. The Township may grant an exception
to this section in the case of an emergency in which the exigencies
of public health or safety require such an exception.
[Ord. 213, 5/9/1984]
Before such permit is issued and said work is begun, a written
application on a blank form to be furnished for that purpose by the
Zoning/Code Enforcement Director must be filed with the Code Enforcement
Department, setting forth the purpose for which the said highway,
road, street, avenue, lane, alley, sidewalk or footpath is to be opened,
excavated or occupied and the location of the said proposed work,
and in such application the applicant shall agree to assume all liability
for all or any damages to person or property accruing to the public
or to the said Township which may or might result from the opening,
excavation or occupying of said highway, road, street, avenue, lane,
alley, sidewalk or footpath.
[Ord. 213, 5/9/1984]
Whenever the exigencies of public health or safety require that
immediate repairs be made and the procurement of a permit prior to
the commencement of the work is impracticable, it shall be lawful
for the work to be begun without a permit, provided that an application
for said permit is filed and the proper fee paid within 48 hours from
the time when the emergency arose, and, provided further, that any
person(s) and/or corporation beginning said work under the provisions
of this section shall do so subject to the conditions and obligations
imposed by this Part upon any person(s) and/or corporation opening
or excavating public highways, etc., as though an application for
a permit had been filed.
[Ord. 213, 5/9/1984]
1.
Before the issuance of a permit, the applicant shall make payment
to the Township in sums set forth by resolution of the Board of Supervisors
for the following:
A.
For openings or excavations in any highway, road, street, avenue,
alley, sidewalk or footpath.
B.
For openings or breaks in improved sidewalks and for breaking the
surface of any improved curb for the purpose of building any driveway
across the same or for any other purpose.
C.
For the erection, setting or planting of any pole in the public right-of-way.
D.
For the occupancy of a highway, avenue, street or sidewalk with building
or other materials.
(1)
No such permit shall authorize the occupying of more than one-third
of the width of the roadway between curbs, nor shall the occupied
area exceed in extent the dimensions of the frontage of the premises
about to be built upon or repaired, except that when no objection
is made by the adjoining property owners and the space is not to be
used for storage of materials other than those to be used in construction,
the permittee shall be permitted to occupy an additional 30 feet on
each side of the building frontage for which the permit is granted.
(2)
Provision shall be made by the applicant for such a permit for
maintaining at all times a clear and unobstructed passage along the
sidewalk at least six feet in width and a free passage for water in
the gutter.
(3)
No building or other materials or other obstruction shall at
any time be placed in the highway within 25 feet of any fire hydrant.
(4)
All the materials or other obstructions occupying the highway
shall be removed prior to the expiration of the time for which the
permit was issued or for which it was renewed.
2.
If, in the course of reviewing an application, the Zoning/Code Enforcement
Director determines that additional inspection work shall be required
by either the Township Engineer or Public Works Superintendent, an
inspection deposit may be required to cover any and all additional
costs related to the inspection of the work covered by the permit.
Any such funds remaining with the Township after the work has been
certified complete by the Code Enforcement Department shall be released
to the applicant.
3.
No permit provided for under the provisions of this section shall
be issued until the applicant shall first file with the Code Enforcement
Department a certificate showing that he carries public liability
insurance in the limits of at least $25,000 and $50,000 and property
damage insurance in the amount of at least $5,000.
[Ord. 213, 5/9/1984]
1.
Permits shall be issued by the Zoning/Code Enforcement Director and
shall not be operative for more than 60 days from the date of issue.
Permits may be renewed for a like period upon payment of a renewal
fee as established by the Board of Supervisors by resolution.
2.
The permit shall at all times be kept in the possession of a competent
person actually engaged in the work and, upon demand, shall be exhibited
to any police officer or properly authorized employee of the Township,
County or State.
[Ord. 213, 5/9/1984]
All measurements required to be made in applying the above fees
shall be made by the Code Enforcement Department and shall include
any enlargement of openings which may be required to be made as an
incident of the repair of such paving or to restore the same to its
former condition.
[Ord. 213, 5/9/1984]
No highway, road, street, avenue, lane, alley, sidewalk or footpath
shall be tunneled except where special written permission therefor
shall have been granted by the Township Engineer.
[Ord. 213, 5/9/1984; as amended by Ord. 566, 2/27/2013, § IV]
1.
All breaks or openings shall be refilled by the applicant for the
permit, to the approval of the Department of Public Works, without
raising the surface of the highway, road, street, avenue, lane, alley,
sidewalk or footpath, due allowance being made for the structure being
placed in the trench. All refilling must be done with suitable materials
thoroughly compacted by puddling or hard tamping in uniform layers
not exceeding six inches in depth and all surplus dirt must be removed
from the job.
2.
Materials used in backfilling, temporary and/or permanent paving shall conform to Township specifications promulgated by the Township Engineer and Public Works Superintendent and available at the Code Enforcement Department. (See Appendix 22-A, Chapter 22, Subdivision and Land Development).
3.
Permanent paving shall be constructed, weather permitting, 60 days
after the installation of the temporary paving. If, within one year
after the installation of the permanent paving, defects appear therein
resulting from defective backfilling by the applicant, the applicant
shall reimburse the Township for the cost of all necessary repairs
to the permanent paving.
4.
Each person issued a permit shall submit to the Township, not later
than 30 days after completion of the permitted construction (or any
part thereof, if required by the Township), two paper copies and one
electronic copy of as-built map or maps and engineering specifications
as set forth by the Township depicting and certifying the location
of the facilities constructed. Such engineering specifications and
electronic and paper maps shall be submitted in a format and include
the information required by the Township. If the maps are not provided
electronically in the required format, then the person shall reimburse
the Township for the cost of converting paper maps into electronic
form or the cost of converting electronic maps in another format into
the required format.
[Ord. 213, 5/9/1984]
All materials, openings or excavations made or obstructions
created under such permits must be properly marked from sunset to
sunrise by red lights so placed as to indicate, from the roadway in
both directions, the exact location and limits of said work or obstruction,
and at all times must be properly guarded.
[Ord. 213, 5/9/1984; as amended by Ord. 313, 7/11/1990]
The filing of an application by a public utility, public service
company or the Bucks County Municipal Water and Sewer Authority and
the issuance of a permit for activities permitted under this Part
shall constitute an agreement on the part of said applicant that it
will at any time thereafter, upon notice from the Department of Public
Works, at its own expense, make such change in location or construction
of the concerned facilities as may be required by the Township.
[Ord. 213, 5/9/1984]
1.
Sidewalks, curbs and gutters shall not be placed or replaced within
the boundaries of any public highway, road, street, avenue, lane or
alley in the Township of Northampton by any owner, person, firm, association
or corporation without first obtaining from the Code Enforcement Department
a permit for such purpose, which shall be fully set forth in written
application showing such purpose and assuming all liability for all
and any damage which might result from the performance of such work;
except where repairs to existing sidewalks, curbs or gutters involve
no change in line or grade and where no new stakes for lines and grades
are required to be set, there shall be no need of any permit.
2.
For giving or defining grades or lines for the placing or replacing
of sidewalk, curb or gutter within the boundaries of any public highway,
road, street, avenue, lane or alley, a charge, payable to the Township,
will be made in accordance with standard rates adopted by resolution
of the Board of Supervisors.
3.
The Township Engineer, with approval of the Township Manager, is
hereby empowered to give or define grades or lines for the placing
or replacing of sidewalk, curb and gutter within the boundaries of
any public highway, road, street, avenue, lane or alley within said
Township, and no act on the part of any other official or employee
shall bind the Township or make it liable therefor.
4.
The Township Engineer, after making the necessary survey, shall,
with the approval of the Township Manager, fix the lines and grades
of sidewalk, curb and gutter proposed to be placed or replaced in
conformity with the lines and grades fixed by this Board, and no sidewalk,
curb and gutter shall be placed or replaced except after a permit
is thus obtained and after the Township Engineer shall have given
the line and grade.
5.
Property owners and their contractors or agents shall protect the
public by proper guards and lights against any danger or injury while
the highway is open in the work of placing or replacing sidewalk,
curb and gutter or any matter pertaining thereto, including the guarding
against injury by materials that may be placed in the highway for
that purpose.
[Ord. 213, 5/9/1984]
1.
The owner or owners of any lot, parcel, tract of land or premises
fronting or abutting on an affected public street, road or avenue
within the Township of Northampton upon which a grade has heretofore
or hereafter been established shall, upon receipt of 60 days'
written notice from the Township, at their respective costs and expense,
begin to construct, repair and maintain the curbing and/or sidewalk
or footwalk in front of and along the property owned by them or on
the part of said public street, road or avenue abutting their respective
properties.
2.
The notice shall be sent by registered mail by the Township Manager
to the last known address of the individual or individuals, association
or corporation in whose name the title to the lot, parcel or tract
of land or premises appears on public record to be owned, and if such
registered mail is returned unclaimed, then and in that event such
notice shall be given by posting one copy of the same on the land
or premises involved.
3.
Upon failure of any owner or owners to comply with the provisions
of this Part and to commence the construction of said curbing, sidewalk
or footwalk or repair and maintain the same within 60 days after the
mailing of said notice and to complete fully such construction, repair
and maintenance within 60 days after the date of said notice, the
Township of Northampton shall enter upon said premises and construct,
pave, repair or maintain the curbing, sidewalk or footwalk and enter
the cost thereof, together with 10% additional, as a lien against
the said lot, parcel, tract of land or premises.
[Ord. 213, 5/9/1984]
No permit fee paid under this Part shall be considered to be
in lieu of any annual license fee now required to be paid or which
may at any time be required to be paid by ordinance of the Township
of Northampton.
[Ord. 213, 5/9/1984; as amended by Ord. 567, 11/12/2013]
1.
It shall be unlawful for any person or persons to erect, set up,
place or maintain any gasoline pump, oil tank or other obstructions,
including, but not limited to, dumpsters, trailers, pods or other
similar obstructions that are deemed a hazard, or to plant any trees,
shrubbery or similar obstruction within the boundaries of any public
highway, road, street, avenue, lane, alley, sidewalk or footpath in
the Township of Northampton.
2.
Trees and hedges overhanging the sidewalk and/or roadway shall be
trimmed to provide clear passage of not less than 12 feet above the
sidewalk or roadway. In addition, all obstructions at intersections
that create visibility problems, as determined by the Code Enforcement
Officer or Police Department, shall be removed.
3.
Any such obstruction shall be removed promptly by the property owner
whenever notice to remove such obstruction is given by the Zoning/Code
Enforcement Director and/or the Police Department. If the owner fails
to comply with such notice, the Township may remove the obstruction
and charge the cost thereof to the owner.
4.
No commercial vehicle may be parked on a Township street except for
service and delivery to said residence. A commercial vehicle shall
be defined as any means of conveyance as defined as such in the Pennsylvania
Vehicle Code, 75 Pa.C.S.A. § 102, as amended: bus, combination,
farm vehicle, limousine, semitrailer, special mobile equipment, taxi,
trailer, truck and wrecker, or similar vehicle, which exceeds 22 feet
in length and/or 12,000 pounds.
[Ord. 213, 5/9/1984]
Every lane and entrance road connecting with any public highway,
street, road or avenue of the Township of Northampton shall be so
constructed or altered that the water and surface drainage shall not
be blocked or diverted from the course of the gutter and that the
surface drainage from such lane or entrance road shall flow into the
gutter of said public highway, road, street or avenue and not upon
the roadbed thereof.
[Ord. 213, 5/9/1984]
1.
No paper, trash, rubbish, ashes, junk, waste or discarded materials
of any kind shall be thrown, deposited or dumped in any ravine, ditch
or gutter or any highway, road, street, avenue, lane, alley, sidewalk
or footpath in the Township of Northampton, nor in any public place
or private property, vacant or occupied, within the limits of said
Township.
2.
No leaves, grass, weeds, hedges or tree trimmings shall be burned
within the boundaries of any public highway, nor shall any fire be
made which will cause damage to the highway or street paving.
3.
Nothing in this Part shall be construed to prohibit municipal dumps
maintained by the Township of Northampton or a reasonable accumulation
of rubbish on private property by the owner thereof; provided, however,
that such rubbish shall be kept in tightly covered metal containers.
[Ord. 213, 5/9/1984]
It shall be unlawful for any person, firm, association or corporation
to close any public highway, road, street, avenue, lane or alley in
the Township of Northampton unless and until a permit for this purpose
has been obtained from the Township Manager.
[Ord. 213, 5/9/1984]
Standard specifications for highway improvements shall be designated and approved by the Township Engineer and shall be in accordance with those specifications found in the Appendix 22-A of the Subdivision and Land Development Ordinance [Chapter 22], as amended.
[Ord. 213, 5/9/1984; as amended by Ord. 285, 2/22/1989; by Ord. 561, 4/25/2012; and by Ord.
572, 9/17/2014]
1.
In the event of a violation of this Part, any police officer of the
Township of Northampton may present to the owner, tenant or occupant
a notice indicating the nature of the offense and bearing the statement
that no prosecution shall be instituted for 48 hours hereafter if,
during said forty-eight-hour period, the offender shall voluntarily
appear at the office of the Police Department of the Township of Northampton,
50 Township Road, Richboro, Pennsylvania 18954, and voluntarily enter
a plea of guilty and pay a penalty of $25 for the first offense, $50
for the second offense, and $75 for the third offense to the Township.
In the event such persons fail to comply with such notice, the offense
will thereafter be prosecuted and the penalty collected in a manner
prescribed by existing laws.
2.
Any person, firm or corporation who shall violate any provision of
this Part, 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.
