[Adopted 9-5-1989 as Part 12, Ch. 1, Art. A, of the 1989 Code]
The following words, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
- Includes any natural person, partnership, firm, association or corporation.
- Any Township street, highway or right-of-way located in the Township of Rostraver.
It shall be unlawful for any person to open or make any excavation of any kind in any street in the Township without first securing a permit as provided in § 166-3.
Any person who desires to make any opening or excavation in any street in the Township or to construct, reconstruct or repair a driveway, entrance or approach on any part of a Township street shall make application to the Township Engineer or his agent. The application shall be made upon blanks to be furnished by the Township. Each application when executed and delivered to the Township Engineer or his agent or the Secretary, together with the permit fee set forth in § 166-4 and after issuance of the permit by the Township Engineer, shall constitute an agreement between the permittee and the Township which shall be a binding legal obligation upon both parties.
Before any permit shall be issued to open or excavate any street in the Township or to construct, reconstruct or repair a driveway, entrance or approach thereon, the applicant shall pay to the Township Engineer a permit fee in the amount as set from time to time by resolution of the Board of Commissioners. If the nature of the work to be performed shall require, in the opinion of the Township Engineer, an inspection of the work or the site either during or after completion of the work, by the Township Engineer or his agent, the cost of such inspection and other incidental services in connection therewith shall be paid by the permittee. Whenever a property owner requests a driveway opening permit, he shall post a cash bond in the amount as set from time to time by resolution of the Board of Commissioners per linear foot of driveway abutting the Township road. The bond will be to guarantee full compliance with this article and shall be reimbursed to the property owner when the installation has been approved by the Township Engineer. If the installation is not approved, then the Township Engineer shall give directions to the property owner. If the same is not fully and properly performed in accordance with Township specifications, then the Township shall have the work performed and the bond will be applied to the cost thereof.
[Amended 9-21-2011 by Ord. No. 620]
Any person who opens, excavates, paves, cuts, installs driveways over and across Township rights-of-way or who refills, resurfaces or repaves Township streets in connection therewith shall perform all such work in accordance with the General Provisions and Specifications of Rostraver Township regulating occupancy and opening of Township streets, which are adopted as part of this chapter and Chapter 175 and are hereby adopted as the General Provisions and Specifications of Rostraver Township in connection with the regulations of occupancy of Township streets. Those General Provisions and Specifications may be amended, modified and revised from time to time by the Board of Commissioners and shall then be effective from the date of revision.
In the case of any leak, explosion or other accident in any subsurface pipe, line, construction or apparatus, it shall be unlawful for the person owning or responsible for that pipe, line, construction or apparatus to commence an excavation to remedy the condition before securing a permit, provided that application for a permit shall be made immediately and not later than the next business day thereafter, and that all other provisions of this article are fully complied with. If any such emergency condition shall not be immediately attended to by the owner or person responsible for that pipe, line, construction or apparatus, the Township Engineer or his agent, after such notice as he shall deem necessary under the circumstances of the particular case, shall proceed to do the work necessary and required by the emergency and charge the same on the basis of costs plus 20% to such owner or person.
Any person, firm or corporation desiring to construct, reconstruct or repair a driveway, entrance or approach shall as hereinabove provided obtain a permit from the Township Engineer or his agent. The Township Engineer may require submission of detailed plans and specifications and may refuse to grant the permit, subject, however, to final review by the Board of Commissioners.
Whenever any driveway is constructed in a public highway of the Township, the driveway shall be constructed in conformity with the general provisions and specifications regulating occupancy of Township streets then in effect and such other requirements and regulations as may be established from time to time by the Township.
In addition to the foregoing, in the opening or construction of driveways, entrances and approaches, the following provisions and conditions must be followed and the work performed in a manner satisfactory to the Township Engineer or his agent:
The work must be so performed that there shall be no obstruction to the flow of surface water along the boundaries of the streets maintained by the Township.
If the work necessitates the crossing of any ditch or channel along the street maintained by the Township, then the driveways, entrances and approaches shall be so constructed as to supply a pipe or conduit for the flow of the water along the street, such material to be furnished by the permittee.
All work done must be in a manner satisfactory to the Township Engineer or his agent, both of whom shall inspect the work as it progresses.
Where more than one driveway on a street front serves a single parcel of land, there shall be at least one curb parking space between driveway approaches.
The sides, edges or curbs of driveways shall be at right angles to the street curb.
No driveway shall interfere with municipal facilities such as streetlighting poles, traffic signal standards, signs, catch basins, storm sewer inlets, fire hydrants, crosswalks, bus loading platforms, utility poles, underground pipes or ducts or other necessary street structures, and the Township Engineer or his agent is authorized to order and effect the removal or restoration of any driveway which now conflicts with any street structures. The cost of removing or reconstructing or relocating such driveway shall be at the expense of the abutting property owner.
When construction is started, a notice shall be posted, by the permittee, at the site, stating that a permit has been issued.
Whenever possible, the property owner shall install water tables rather than drainage pipes. However, should drainage pipes be installed, they shall not be less than 15 inches in diameter. The proposed plan for excavation and drainage shall be submitted to the Township Engineer for approval, prior to the work being undertaken.
Any driveway or parking area creating over 1,000 square feet of impervious surface must have an approved stormwater management plan included with the driveway permit application.
[Added 7-6-2005 by Ord. No. 530]
Payment for all work done by the Township under the provisions of this article shall be made by the person made liable therefor under the provisions of this article within 30 days after a bill therefor is sent to that person by the Township. Upon failure to pay those charges within that time, the same shall be collectible by the Township in the manner provided by law for the collection of municipal claims.
Any person, whether as principal, agent or employee, violating any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 or more than $600 and costs of prosecution and, in default of payment of fine and costs, to imprisonment for not more than 30 days. Each violation of any provision of this article, and each day the same is continued shall be deemed a separate offense.
The permit form of the Township shall be that approved by the Board of Commissioners and shall be a three-part permit with Part A to be issued the property owner after approval; Part B to be retained by the Township for its records; and Part C to be issued to the property owner and returned to the Township after completion of the installation.