[Adopted 12-1-1970 by Ord. No. 37]
As used in this article, the following terms shall have the
meanings indicated:
OWNER
Any natural person, association, partnership, firm, organization
or corporation. The singular shall include the plural, and the masculine
shall include the feminine and neuter.
ROAD or HIGHWAY
Any public road or highway in Perkiomen Township, including
roads or highways under the jurisdiction of the Pennsylvania Department
of Transportation.
TOWNSHIP
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:
APPLICANT
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."
EMERGENCY
An unforeseen occurrence or combination of circumstances
which calls for immediate action or remedy.
NEW STREET
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.
PERMIT
A street occupancy permit issued by the Township pursuant
to this article.
PERSON
Any natural person, firm, copartnership, association, corporation
or political subdivision.
PENNDOT
Pennsylvania Department of Transportation.
PUBLICATION 203
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.
PUBLICATION 408
A PennDOT publication containing PennDOT's highway construction
specifications, including any amendment thereto and any substitution
or replacement thereof.
RIGHT-OF-WAY
The area between the right-of-way lines of a street.
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.
TOWNSHIP
The Township of Perkiomen, Montgomery County, Pennsylvania.
TOWNSHIP SUPERVISORS
The Board of Supervisors of the Township of Perkiomen, Montgomery
County, Pennsylvania.
TOWNSHIP ENGINEER
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.
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.
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.