[HISTORY: Adopted by the Board of Supervisors of the Township
of North Newton as indicated in article histories. Amendments noted
where applicable.]
[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.
[Amended 4-3-2018 by 2018-1]
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.
[Amended 4-3-2018 by 2018-1; 6-6-2023 by Ord. No. 2023-02]
Any person who violates any provision of this article shall,
upon conviction thereof before any Magisterial District Judge, be
sentenced to pay a fine of not more than $1,000. Each violation shall
constitute a separate offense, for which a summary conviction may
be sought.
