[Adopted 2-10-1955]
It shall be unlawful for any person, firm or
corporation to place any form of construction in, over or upon any
Township-owned or unaccepted dedicated street, avenue, highway, lane,
alley or public place in the Township of Hanover without first obtaining
a permit therefor.
[Amended 7-11-1991 by Ord. No. 16-91]
The permit referred to in § 248-1 hereof shall be issued by the Township Clerk of the Township of Hanover after approval by the Township Engineer and Township Health Officer of an application therefor, accompanied by a fee as provided in Chapter 125, Fees, of the Code of the Township of Hanover, showing thereon:
A.
The name and address of the applicant.
B.
The proposed form of construction.
C.
The exact location of and for the proposed construction.
D.
That the proposed construction will not interfere
with the proper drainage of the street, avenue, highway, lane, alley
or other public place in the Township wherein it is proposed to place
said construction and that it would not impair the public health,
safety and welfare of the Township inhabitants.
The Township Committee aforesaid may, by a majority
vote, declare any encroachment, obstruction or encumbrance in, over
or upon any Township-owned or unaccepted dedicated street, avenue,
highway, lane, alley or public place in the Township that interferes
with the proper drainage of said Township-owned or unaccepted dedicated
street, avenue, highway, lane, alley or public place in said Township
or impairs the public health, safety and/or welfare of the Township
of Hanover and its inhabitants to be a nuisance and order same to
be abated by the removal of said encroachment, obstruction or encumbrance
in such manner as it may designate.
Whenever the Township Committee aforesaid shall
declare any obstructions, encroachments or encumbrances in, over and
upon any Township-owned or unaccepted dedicated street, avenue, highway,
lane, alley or public place in the Township to be a nuisance, it shall
cause the Township Clerk to notify the person, firm or corporation
who did or had such construction work done to abate the nuisance in
the manner set forth in said notice, which said notice shall be sent
to the person, firm or corporation hereinabove named by registered
mail or served upon it personally.
For the purposes of this article, persons who
divert drainage water from their properties onto Township streets
in such manner as to interfere with normal drainage, create puddles
or flood the roadways or create icy conditions which interfere with
normal use of the road shall be considered as having created an encroachment,
obstruction or encumbrance, and the same shall be subject to all of
the remedies provided in this article.
Should the person, firm or corporation who did
or had such construction work done, constituting the encroachment,
obstruction or encumbrance aforesaid, fail to abate the nuisance within
30 days after receiving said notice and in the manner set forth therein,
said Township, through its agents, servants and employees, may proceed
to abate said nuisance, and said person, firm or corporation shall
be liable for the costs thereof, which, after certification to the
Tax Collector of the Township, shall constitute a lien upon the lands
of the person, firm or corporation who did or caused such construction
to be done, abutting said street, avenue, highway, lane, alley or
other public place.
[Amended 7-11-1991 by Ord. No. 16-91]
Notwithstanding any other provision herein contained,
any person, firm or corporation who shall violate any of the provisions
of this article shall be liable, upon conviction thereof, to a fine
not to exceed $1,000 or, to imprisonment for not more than 90 days,
or both.
