The following conditions shall apply to all permits issued under
the provisions of this chapter:
A.
The permit issued shall be binding upon the permittee, his agent's
contractors, successors, and assigns.
B.
The permittee shall be responsible for compliance with all of the
terms and conditions of the permit.
C.
The permit shall be located at the work site and available for inspection
by a representative of the Township during the time period that work
is performed.
D.
The permit shall be maintained by the permittee as a permanent record
and remain in effect and subject to permit conditions as long as the
driveway, road, street, or drainage facility and structure authorized
by the permit exists.
E.
Responsibility for compliance with the terms of the permit shall
not be assigned or transferred by the permittee without first obtaining
prior written approval from the Township.
F.
The Township of Upper Burrell, in granting the permit, does not waive
any of its rights to require future changes in the operation, removal,
relocation, or proper maintenance of any driveway, road, street, drainage
facility or structure authorized by a permit issued pursuant to this
chapter.
G.
The permittee shall maintain the driveway, road, street, drainage
facility or structure authorized by any permit issued pursuant to
this chapter.
H.
All work and activity to be performed within the Township's
right-of-way shall be performed at such time and in such manner as
to conform to all the requirements and standards found in the current
volume of Publication 408 of the Pennsylvania Department of Transportation.
I.
In the event of the failure and neglect or refusal by the permittee
to perform and comply with the conditions of the permit or the provisions
of this chapter, the Township of Upper Burrell may immediately revoke
and annul the permit and order and direct the permittee to remove
any and all structures, equipment, or property belonging to the permittee
or its agents, employees, or contractors from the legal limits of
the right-of-way and to restore the right-of-way to its former conditions.
In the event that the Township determines that such structures, equipment,
or property pose a threat to the public safety and the permittee fails,
neglects, or refuses to remove the same after notice from the Township
to do so, then the Township of Upper Burrell shall be authorized to
appear for the permittee or have any attorney of any court of record
appear for the permittee and to enter an amicable action of ejection
and confess judgment against the permittee; and the Township of Upper
Burrell or said attorney shall be authorized to issue forthwith a
writ of possession without leave of court, all at the cost of the
permittee.
J.
In undertaking activity under a permit, the permittee shall, with
due diligence in a continuous and regular fashion, perform all work
and install all material and facilities provided for in said permit
and shall undertake during such work to provide safety measures satisfactorily
to the Township to protect the public and those lawfully using the
Township road from injury, damage or harm.
K.
If the permittee, after undertaking work, fails to continue, pursue,
complete, or restore the same and it is determined in the sole judgment
of the Township that the interests of the public safety, health, and
general welfare require the continuation and completion of the work
to standards as determined by the Township; then, and in the event,
the Township may undertake said work and, upon completion, lien the
costs of the same, together with a penalty of 10% and reasonable attorneys'
fees, against the permittee and his property.
A.
Unless specifically authorized by the permit, the permittee shall
not alter the existing drainage pattern or the existing flow of drainage
water, or direct additional drainage of surface or runoff water onto
or into the roadway, roadway drainage facilities, or on the road right-of-way,
which would have a detrimental effect on said road drainage facilities
or right-of-way.
B.
Drainage control for minimum-use driveways shall be as follows:
(1)
If the driveway from any land to a Township road necessitates the
crossing of any drainage facility or drainage channel within the right-of-way,
then said driveway shall be so constructed as to provide a pipe or
conduit of a material designated by the Township of a dimension sufficient
to carry the volume of water within said drainage facility or channel,
but, in no event shall said pipe or conduit be of a size of less than
12 inches inside diameter, unless approved by the Township Engineer.
C.
Drainage control plan for other than minimum-use driveways shall
be as provided in Title 67 of the Pennsylvania Code of Regulations,
Section 441.3(g) and (h).
