[Adopted 11-12-1991 by Ord. No. 1991-05]
Any developer or contractor who, by virtue of development or
new construction, must travel over any Township road, in addition
to any building permit or any other subdivision requirements, said
developer or contractor shall post a cash bond with the Township in
an amount to be determined by the Township Engineer, which said cash
bond shall be held by the Township until construction has been completed.
The sole purpose of said cash bond shall be that upon completion of
the development, developer shall restore to the original condition
any roads the developer, or his agents, servants, employees or subcontractors
used. If said repairs have been made, the bond shall be returned.
If the repairs are not made, after 30 days' written notice to said
developer or contractor, then, in that instance, said bond shall be
forfeited to the extent of monies required by the Township to repair
the Township road to its original condition prior to said construction.
Any contractor who shall be building any homes or other structures
within the Township, in addition to a building permit, shall also
be required to post a cash bond in a sum to be determined by the Township
Engineer, which said cash bond shall be held by the Township until
construction has been completed. The sole purpose of said cash bond
shall be that upon completion of said homes or other structures, contractor
shall restore to the original condition any roads of the Township
which have been damaged during construction by the contractor, or
his agents, servants, employees or subcontractors. If said repairs
have been made, the bond shall be returned. If the repairs are not
made, after 30 days' written notice to said contractor, then, in that
instance, said bond shall be forfeited to the extent of monies required
by the Township to repair the Township road to its original condition
prior to said construction.
In addition, at the time the bond is filed, the Township shall
also have the right to limit the developer or contractor as to what
Township roads may be used during construction and should the developer,
contractor, their agents, servants, employees, or subcontractors violate
said restriction as to what Township roads shall be used during construction,
the Township shall have the right to revoke said building permit until
any damage which has been done by using any other roads is satisfied.
In addition, any developer, contractor, their agents, servants, employees
or subcontractors who violate the provision relating to what Township
roads may be used during construction, 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 less than $100
and not more than $600, plus all court costs, including reasonable
attorneys’ fees, incurred by the Township in the enforcement
of this article. No judgment shall be imposed until the date of the
determination of the violation by the Magisterial District Judge.
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.
It shall be the duty of the developer who secures subdivision
approval to give notice to all contractors, subcontractors, agents,
servants or employees concerning the use of the roadway and should
any agent, servant, subcontractor, contractor or employee violate
same, developer shall be subject to payment of the fine as herein
set forth.
It shall be the duty of the contractor who secures the building
permit to give notice to all subcontractors, agents, servants or employees
concerning the use of the roadway and should any agent, servant, subcontractor
or employee violate the same, the contractor shall be subject to payment
of the fine as herein set forth.
The Township shall also have the right at the time of the granting
of any subdivision approval or the granting of any building permit
to make any other restriction on the uses of the Township roads as
may be necessary to protect the roads from damage as may be reasonably
required by the Township's Board of Supervisors.
Any developer or contractor that believes that any restriction
or amount of bond required by the Township is unreasonable, shall
have the right to appeal to the Court of Common Pleas within 30 days
after written notice received by said developer or contractor as to
the amount of the bond or restrictions placed in connection with the
use of Township roads, but during said appeal until conclusion, the
Township may withhold issuance of the building permit or approval
of the subdivision.
Any developer or contractor, its agents, servants, employees
or subcontractors who violate any provisions of this article may be
prosecuted by either the Code Enforcement Officer, by the Township
Police, or by any other individual authorized by the Township Board
of Supervisors.
