[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[1] regulating occupancy and opening of Township streets, which are adopted as part of this chapter and Chapter 175[2] 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.
A.
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.
B.
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.
C.
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:
(1)
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.
(2)
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.
(3)
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.
(5)
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.
(6)
The sides, edges or curbs of driveways shall be at
right angles to the street curb.
(7)
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.
(8)
When construction is started, a notice shall be posted,
by the permittee, at the site, stating that a permit has been issued.
(9)
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.
(10)
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.
