[Ord. 1/6/1975, § 1; Ord. No. 3-2024, 11/7/2024]
No person, firm or corporation shall grade, construct, install or erect a drain, pipe, culvert, footwalk, drive or driveway, or other means of ingress or egress, onto a Township road or occupy the surface or subsurface of a Township right-of-way unless and until the Township has granted a road occupancy permit for such grading, construction, installation, erection or occupancy. The permit may be issued as part of the zoning permit for new construction on an individual lot. The owner or occupier shall be responsible for all maintenance and repairs of any drains, pipes, culverts, footwalks, drives or driveways constructed and installed pursuant to the permit. The Township may require the owner or occupier to execute and record an agreement memorializing this maintenance and repair obligation.
[Ord. 1/6/1975, § 2; Ord. 2000-4, 4/6/2000, § 1; Ord. No. 3-2024, 11/7/2024]
Application for such permit shall be made by the owner or occupier, or by his contractor or agent, in writing, on forms provided by the Township and in accordance with such rules and regulations as may be established by the Township. There shall be appended to each application a drawing or plan showing the outlines of the property affected with existing improvements thereon, stormwater facilities, footwalks, drives and driveways, with the proposed stormwater facilities, footwalk, drive or driveway, proposed to be added, and the relationship of the foregoing to the Township road, particularly with relationship to the effect on the drainage of said road, which drawing or plan shall also comply with the applicable sections of the Construction and Materials Specifications for Subdivision and Land Development Manual of Hopewell Township adopted by the Board of Supervisors by resolution, as amended from time to time by the Board of Supervisors by resolution, which manual is hereby authorized.
[Ord. 1/6/1975, § 3; Ord. 2016-1, 1/4/2016; Ord. No. 3-2024, 11/7/2024]
The application shall be accompanied by a fee in an amount as established, from time to time, by resolution of the Board of Supervisors to cover the reasonable cost of examining the plans for the proposed work, making necessary modifications, if any, and inspecting the work to ensure compliance with the plans as approved. In the event any stormwater facilities are to be constructed and installed, the Township Engineer may establish an amount of financial security to be deposited with the Township prior to issuance of the permit.
[Ord. 1/6/1975, § 4; Ord. No. 3-2024, 11/7/2024]
The Supervisors may alter plans filed with the application, and specify any changes or modifications of any kind which they may deem necessary, and make its approval of the granting of any permits subject to any such alterations, changes, or modifications.
[Ord. 1/6/1975, § 5; Ord. No. 3-2024, 11/7/2024]
All grading, construction, installation and erection shall be in strict compliance with the plans and specifications on the basis of which the permit is granted. Upon completion of the work authorized by the permit, the Township shall inspect the work, and, if in the discretion of the appropriate Township Official, including, but not limited to, the Roadmaster, the work does not meet Township standards, then the Township shall enforce compliance with the conditions, restrictions and regulations prescribed by the permit or Township ordinance, resolution or regulations. Further, if, within two years after the installation of any stormwater facilities within any street right-of-way, defects shall appear therein resulting from the work done pursuant to a permit issued under this Part, the Township shall notify the applicant of the defect and give the applicant a deadline by which to remedy said defects, which shall be at a minimum 30 days. If, upon the expiration of that deadline, the applicant has not made the repairs required by the Township, or has not made them satisfactorily to the Township at its discretion, the Township may proceed to remedy the defect, and the applicant shall reimburse the Township for the cost of all necessary repairs to the surface, together with an administrative fee of 10% of such cost, plus reasonable attorney fees incurred by the Township for the enforcement of this section.
[Ord. 1/6/1975, § 6; Ord. 2016-1, 1/4/2016; Ord. No. 3-2024, 11/7/2024]
Any person, firm or corporation who shall violate any provision of this Part or any of the terms or conditions of any permit issued pursuant to this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and reasonable attorney fees incurred by the Township in the enforcement proceeding and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a drain, culvert, footwalk, drive or driveway or other means of ingress or egress onto a Township road remains constructed, installed, erected or in the process of installation, construction or erection without a permit having been issued, therefore pursuant to the ordinance shall constitute separate and distinct offense and shall be subject to separate additional penalties hereunder.