[HISTORY: Adopted by the Board of Supervisors of the Township
of Dickinson 10-15-2012 by Ord.
No. 2012-02. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Dickinson
Township Construction and Materials Specifications Ordinance."
The purpose of this chapter is to provide for the health, safety
and welfare of the residents and property owners of Dickinson Township
by establishing a comprehensive set of specifications for construction
and materials applicable to land development and associated improvements
throughout the Township. As illustration (and not intended as a complete
subject list), the specifications address excavation; placement and
compacting of fill materials; grading, seeding and sodding; line testing;
and mains and pipes.
This chapter is enacted pursuant to the enabling authority of
the Pennsylvania Second Class Township Code, Sections 1506 (General
Powers) and 1517 (Building and Housing Regulations), 53 P.S. §§ 65101
et seq.
This chapter shall apply to land development and associated
improvements of or on land located, in whole or in part, in the Township,
and to street, sanitary sewer, storm sewer, water main, or other facilities
in connection therewith, except as may be regulated by other ordinance
of the Township subject to the following:
The construction and material specifications that are the subject
of this chapter are set forth in the document entitled "Construction
and Material Specifications, Dickinson Township, Cumberland County,"
which document is attached hereto[1] and made a part of this chapter as if set forth herein
in its entirety.
[1]
Editor's Note: A copy of the Construction and Material
Specifications is on file in the Township offices.
A.
The Board of Supervisors, at its sole discretion, may grant a modification,
including but not limited to a waiver, of a specification when the
literal enforcement is shown to the satisfaction of the Board of Supervisors
to be unreasonable, to cause undue hardship, or when an alternative
specification can be demonstrated to provide equal or better results;
provided, in each case, that such modification will not be contrary
to the public interest and that the purpose and intent of this chapter
is observed. The Board of Supervisors may grant a modification subject
to condition(s).
B.
A request for modification shall be in writing and shall identify
the specification involved; state in full the grounds and facts of
unreasonableness, hardship or equal or better results on which the
request is based; and specify the minimum modification necessary.
The Township Codes Enforcement Officer, or any other agent specifically
designated by the Board of Supervisors of the Township of Dickinson
for this purpose, shall have primary administration and enforcement
responsibility and authority under this chapter.
Any person violating any of the provisions of this chapter,
or, who assists in the violation of this chapter, shall be subject
to a fine of not less than $100 nor more than $1,000, plus cost of
prosecution, including reasonable attorney's fees. Every violator
of a provision of this chapter shall be deemed guilty of a separate
offense each and every day such violation continues and shall be subject
to the penalty imposed by this section for each and every separate
offense.
A.
Appeal from the administration or enforcement of the Ordinance by
the Codes Enforcement Officer, or other designated officer of the
Township, may be taken to the Board of Supervisors.
B.
Appeal from the decision of the Board of Supervisors on appeal from
the administration or enforcement of the chapter by the Codes Enforcement
Officer, or other designated officer, or granting or denying a request
for modification, may be taken to the Court of Common Pleas of Cumberland
County within 30 days of the date of the decision.
