[HISTORY: Adopted by the Board of Supervisors of the Township
of Perkiomen as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-1-1970 by Ord. No. 37]
As used in this article, the following terms shall have the
meanings indicated:
Sidewalks or curbs, or both.
Any natural person, association, partnership, firm, organization
or corporation. The singular shall include the plural, and the masculine
shall include the feminine and neuter.
Any public road or highway in Perkiomen Township, including
roads or highways under the jurisdiction of the Pennsylvania Department
of Transportation.
Perkiomen Township, Montgomery County, Pennsylvania.
The construction of improvements along roads or highways in
the Township is hereby authorized at such locations as may from time
to time, in the discretion of the Township Board of Supervisors, be
required.
Construction of improvements hereby authorized shall be directed
by resolution of the Township Board of Supervisors, which shall refer
to a plan showing the engineering specifications of the improvement
and the location of the properties abutting the same.
The Township Secretary shall give notice to the owners of properties
abutting improvements directed to be constructed as herein provided,
directed to such owners as their names appear on the real estate tax
duplicate at the addresses therein given. Notice may be sent by certified
mail or delivered in person and shall include a certified copy of
the resolution directing construction and a copy of the engineering
plan and specifications.
Within 30 days after receipt of notice as provided in § 258-4, the owners of such properties shall cause the improvements to be constructed and installed in accordance with the plan and specifications therefor. Construction of the improvement shall be under the general supervision of and subject to approval by the Township Engineer and the Township Roadmaster.
Upon failure of an owner to install the improvement as herein
provided, the Township shall construct the same at the expense of
the owner of the abutting property. Whenever the Township shall construct
improvements abutting more than one property, the cost thereof shall
be paid by the abutting owners in proportion to their frontage, but
in no such instance shall any abutting property owner be liable for
construction of such improvement in an amount greater than 15% of
the assessed valuation of the abutting property owned by him. Any
expense above such maximum liability of abutting property owners shall
be paid by the Township.
If abutting property owners fail to so pay the expenses of the
construction of such improvements for which they are liable, the Township
may recover the amount by action of assumpsit or may file municipal
liens therefor against the abutting properties in the manner provided
by law for the filing and collection of municipal liens.
Any person who violates or permits a violation of this article
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600 plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement of this
article. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
[Adopted 7-3-2000 by Ord. No. 165]
This article shall be known and may be cited as the "Perkiomen
Township Highway Occupancy Permit Ordinance."
The following words and phrases, when used in this article,
shall have the meanings ascribed to them in this section except where
the context clearly indicates a different meaning:
The person or entity filing an application under this article
for a permit. Once a permit has been issued, the applicant, or his
assignee if the assignment of the permit shall have been approved
by the Township Engineer, shall be deemed the "permittee."
An unforeseen occurrence or combination of circumstances
which calls for immediate action or remedy.
A Township street having a new, continuous and unbroken wearing
surface consisting of mechanically placed bituminous hot mix or cement
concrete material, whether placed over newly constructed base and
subbase or over a modified or unmodified previously existing street
surface.
A street occupancy permit issued by the Township pursuant
to this article.
Any natural person, firm, copartnership, association, corporation
or political subdivision.
Pennsylvania Department of Transportation.
A PennDOT publication containing requirements for work area
traffic control during highway maintenance operations and utility
work, including any amendment thereto and any substitution or replacement
thereof.
A PennDOT publication containing PennDOT's highway construction
specifications, including any amendment thereto and any substitution
or replacement thereof.
The area between the right-of-way lines of a street.
A strip of land, including the entire right-of-way, open
to vehicular use by the public. The term "street" shall include street,
avenue, boulevard, road, highway, freeway, parkway, lane, alley or
viaduct.
The Township of Perkiomen, Montgomery County, Pennsylvania.
The Board of Supervisors of the Township of Perkiomen, Montgomery
County, Pennsylvania.
The person so designated by the Board of Supervisors, or
his representative so designated either by the Board of Supervisors
or by the Township Engineer.
A street under the jurisdiction of the Township.
It shall be unlawful for any person, including any municipal
authority or utility company other than the Perkiomen Township Municipal
Authority, to perform any work involving the opening of or the excavation
in or under any Township street unless and until a permit therefor
has been secured from the Township. All work performed within the
right-of-way shall conform to the provisions of PennDOT Publication
203, PennDOT Publication 408, 67 Pa. Code Chapters 441 and 459, PennDOT
RC Standards and any other related PennDOT publications that involve
regulations for work within public rights-of-way, and the latest amendments
to those PennDOT publications, unless superseded by more restrictive
specifications that may be issued and made available by the Township.
A.
Notice of improvements. When the Township shall improve or pave any
street, the Township may give notice to all persons owning property
abutting on the street about to be paved or improved, and to all public
utilities and municipal authorities operating in the Township, and
all such persons, public utilities and municipal authorities shall
make all connections as well as any repairs thereto which would necessitate
excavation of the street within 45 days from the giving of such notice.
The time shall be extended if permission is requested in writing and
approved by the Township.[1]
B.
Restrictions upon opening new streets. No permit shall be issued
by the Township which would allow an excavation or opening in a paved
and improved street surface less than five years old unless the applicant
can clearly demonstrate that public health or safety required that
the proposed work be permitted or unless an emergency condition exists.
C.
Penalty for opening new streets. If by special action of the Township
a permit is issued to open any paved and improved street surface less
than five years old, a penalty charge shall be made for the opening,
except that the penalty shall be waived in the event the work is of
an emergency nature. The penalty charge shall be on a sliding scale
and shall be equal to 3% of the cost of restoring the opening for
each month or fraction thereof of the five-year restricted period.
A.
Application for permit. An application for a permit
required by this article shall be submitted to the Township in duplicate.
The application shall be accompanied by a fee and an escrow as established
by a Township fee schedule adopted by resolution of the Board of Supervisors.
B.
Conditions of a permit. A permit shall only be issued
upon condition that the applicant enter into an agreement with the
Township in the form of the agreement that is attached to this article[2] requiring a cash deposit in an amount determined by the
Township Engineer to ensure proper completion of the work and compliance
with the requirements of this article for the performance, construction
and maintenance of the road opening. Any expenses incurred by the
Township to correct a violation of the requirements of this article
shall be deducted from the cash deposit. Upon completion of the work
authorized by the permit, the Township may release so much of the
cash deposit as in the opinion of the Township Engineer is sufficient
to reimburse the cost of the work performed to the date of completion.
At the expiration of one year from the date of completion, the balance
of the deposit shall be released upon approval of the Township Engineer
that the street repair has been performed and maintained as required
by the provisions of this article.
[2]
Editor's Note: The agreement form is on file in the Township
office.
C.
Duration of the permit. A permit shall be valid until
the completion date specified on the permit. If the permittee has
not completed all authorized work by the completion date specified
on the permit, an application shall be submitted requesting a time
extension. If approved, a supplement will be issued by the Township.
D.
Additional inspection fees. If the Township Engineer determines that the permitted work is of sufficient magnitude or importance to warrant assignment of one or more inspectors to inspect the permitted work on a more than spot inspection basis, the salary, overhead and expenses incurred by each assigned inspector and by the Township Engineer shall be included in the amount of the cash deposit required by Subsection B of this section.
E.
Authorization to begin work. A permit issued in accordance
with the requirements of this article will be the applicant's authority
to proceed with the work and will serve as a receipt for the fees
accompanying the application.
F.
Work completion notification. When all permitted work
has been completed, the permittee shall notify the Township Engineer
in writing within 48 hours of the completion of all work. Upon receipt
of this notification, the Township Engineer shall inspect the work
and submit, in writing, its opinion whether or not the work has been
completed satisfactorily. All work not completed to the satisfaction
of the Township Engineer shall then be repaired within 48 hours. The
one-year maintenance period shall begin either upon receipt of the
written notification that all work was found to be satisfactory to
the Township Engineer or after the repairs are made as required by
the written report of the Township Engineer.
G.
The Township reserves the right to reinspect the work
at the end of the one-year maintenance period. During this one-year
period, any settlement of the road or defect in the work shall be
repaired within 48 hours if the settlement or defect presents an immediate
or imminent safety or health problem. Otherwise, any settlement or
other defect shall be made within 30 days following receipt of written
notification from the Township Engineer. If the applicant fails to
rectify the defect(s) within the time allowed, the Township may do
the work and deduct the cost from the escrow.
H.
Additional deposits and fees. Should the costs of restoration and/or inspections exceed the amount of the cash deposit required by Subsection B of this section, the applicant shall, upon written notification from the Township Engineer, immediately reimburse the Township for any portion of the cost associated with making the inspections and/or restorations not covered by the cash deposit.
Any person who violates or permits a violation of this article
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600 plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement of this
article. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
