[HISTORY: Adopted by the Board of Supervisors of the Township of North Newton as indicated in article histories. Amendments noted where applicable.]
Article I Excavations and Openings
[Adopted 7-2-1990 by Ord. No. 7-2-90]
As used in this article, the following terms shall have the meanings indicated:
- Any drain or similar pipe-like construction which passes through or under ground which carries, discharges, or causes the passage or flow, of any water, sewage, or other fluid-based matter.
- Any channel, pipe, tube, conduit, or other device which carries, discharges, or causes the passage or flow, of any water, sewage, or other fluid-based matter, whether above or below ground.
- Any private road or means of ingress or egress onto, adjacent to, or abutting a Township road available for access thereto.
- Any individual, corporation, partnership, association, affiliation, firm, group, municipal corporation or authority, or any utility, public or private.
- Any drawing, sketch, diagram, or other plan showing dimensions, specifications, width, locations, intersecting roads, sight distances, and related data necessary to adequately represent the proposed work or improvement regarding any such driveway, road, drain, or culvert, including a reference to all neighboring properties and owners thereof.
- Any road, roadway, cartway, street, drive, cul-de-sac, footwalk, sidewalk, alley, or way accepted by Township.
- Any construction, paving, improvement, or other work required or performed in opening, cutting, constructing, paving, tunneling, excavating, disturbing, altering, or modifying, or otherwise impacting upon or directly affecting a Township road.
No person shall do any work or otherwise construct, pave, grade, install, erect, or create any driveway, road, drain or culvert, or other means of ingress or egress onto a Township road, or open or cut same, or cause the discharge or passage of any sewage or other fluid-based matter onto, under, along, or near same, unless and until the Township issues a permit therefor.
Application for the permit shall be on a form prescribed and provided by Township and shall be submitted in accordance with any such rules and regulations as may be established hereafter by Township. The application shall be accompanied by a fee in accordance with the schedule of fees set forth by the Pennsylvania Department of Transportation for highway occupancy permits and restoration charges and another fee for making the inspection. The application shall also be accompanied by a plan representing the proposed work or improvement; said plan shall particularly address any direct and/or indirect relationships to any Township roads, including its effect on drainage. The applicant(s) shall be the legal and equitable owner(s) of the property in question.
Upon submission of the application, fee, plan, and any other necessary materials, the Board of Supervisors may elect to modify or alter the plan as it deems necessary and proper in accordance with the best interests and general welfare of Township. The Board of Supervisors may elect to make its approval of the granting of any permit subject to any such modifications, alterations, or changes deemed necessary and proper.
All work and construction shall be completed in strict compliance with the plans and specifications as approved by Township. Upon completion of the work authorized by the permit, Township shall inspect same. In addition to that inspection, the Board of Supervisors or its agents may reinspect the work not more than two years after its completion, and, if necessary, shall enforce compliance with the conditions prescribed by the permit. If the applicant fails to rectify a defect which presents an immediate or imminent safety or health problem within 48 hours or any other defect within 60 days after written notice from the Township to do so, the Township may do the work and impose upon the applicant the cost thereof, together with an additional 20% of such cost.
Nothing in this article shall be construed to require a permit in advance for emergency repairs necessary for the safety of the public or the restoration or continuance of public utility service or other public service, but application for the permit and the fees shall be submitted within five days after completion of the work, after which time the remaining provisions of this article apply.
Any person who violates or permits a violation of this chapter 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 chapter. 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.