[Adopted 9-8-2013 by Ord. No. 2013-03]
The application for the Township to cosign any permit/license
to allow a private property owner to construct any driveway, private
road, lanes, or any other means of access from a person's, partnership's,
firm's, association's, corporation's, or the like's
private property to a road owned and maintained by the Commonwealth
shall be on a form prescribed by the Township and submitted to the
Township in triplicate. The applicants shall submit three copies of
a sketch showing such dimensions as the location, width, drive profile,
and size of anticipated culvert designed for a twenty-five-year storm
of the intended driveways, private roads, lanes or other means of
access to any roads of the Township or commonwealth, pavement width
of the Township or commonwealth roadway, and right-of-way lines of
the Township or commonwealth road.
The applicant shall fully indemnify and save harmless and defend
the Township of and from all liability for damages or injury occurring
to any person or persons or property through or in consequence of
any act or omission of any contractor, agent, servant, employee or
person engaged or employed in, about or upon the work by, at the instance
or with the approval or consent of the cosignee; from any failure
of the cosignee or any such person to comply with the permit or these
regulations; and, for a period of two years after completion of the
permitted work, from the failure of the highway in the immediate area
of the work performed under the permit where there is no similar failure
of the roadway beyond the area adjacent to the area of the permitted
work.
The cosignee shall, upon request, submit to the Township office
a certificate or certificates of insurance for public liability and
property damage, in form and amount satisfactory to the Township,
to cover any loss that may be incurred for or on account of any matter,
cause or thing arising out of the construction, reconstruction, repair,
relocation or installation of the permitted structures or facilities.
The applicant shall maintain the portion of the street disturbed
by the opening or excavation for a period of 18 months from the date
the backfilling is completed at a proper grade and condition free
from ridges and depressions. Such maintenance work shall be done as
often as may be necessary. To guarantee proper restoration of the
surface and proper maintenance of the disturbed area, the applicant
must deposit with the Township, prior to issuance of the permit, a
bond in an amount set by the Township, with corporate surety guaranteeing
the proper performance of the work and the proper maintenance of the
disturbed area for the period of time required above. Utilities and
other persons who open or excavate in streets on a regular basis may,
with the permission of the Township, keep on deposit a single bond
in an amount set by the Township and applying to the work included
in all of the permits at any time outstanding.
The Township shall cosign the permit from the Pennsylvania Department
of Transportation necessary to place a driveway, private road, lane
or other means of access to any road of the commonwealth after all
the aforesaid requirements have been filed with the Township.
Upon completion of the work, the applicant shall give written
notice thereof to the Township.
Upon completion of the work authorized by the permit, the Township
shall inspect the work and when necessary enforce compliance with
the conditions, restrictions and regulations prescribed by the permit.
Where any settlement or defect in the work occurs, if the applicant
shall fail to rectify any such settlement or other defect, within
60 days after written notice from the Township to do so, the Township
may do the work and shall impose upon the applicant the costs thereof,
together with an additional 20% of such costs.
If, within a period of 18 months from the date the backfilling
is completed, the Township determines that the backfilling, surface
restoration or maintenance of the disturbed area is defective, it
shall notify the applicant, in writing, to that effect. Promptly upon
receipt of such written notice, the applicant shall take immediate
steps to correct such defects. If the applicant fails to take immediate
corrective action, the Township may perform the work itself or cause
the same to be performed by another person. The applicant and the
surety on its bond shall be liable for all costs and expenses incurred
by the Township in correcting such defects and for any penalty assessed
as a result of the applicant's failure to take immediate corrective
action.
From time to time, the Board of Supervisors may adopt, by resolution, such additional driveway and/or excavation specifications and requirements, and may supplement or modify the driveway and excavation specifications set forth in this article. Any violation of the additional requirements or specifications, modifications and supplements, as duly adopted, shall be subject to the penalties set forth in § 105-13 of this article.
Any owner or contractor who violates any provision of this article
shall, upon being found liable therefor in a civil enforcement proceeding,
pay a fine not exceeding $1,000 plus all court costs, including reasonable
attorney's or consultant fees incurred by the Township of Lawrence.
Each day of violation shall constitute a separate offense and be subject
to the penalty set forth herein.
