This article shall be known and may be cited as the "Hamiltonban Township Construction and Materials Specifications Ordinance."
[Adopted 6-4-2013 by Ord. No. 2013-03]
The purpose of this article is to provide for the health, safety and welfare of the residents and property owners of Hamiltonban 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 article is enacted pursuant to the enabling authority of the Pennsylvania Second Class Township Code, 53 P.S. § 65101 et seq., Section 1506 (General Powers) and 1517 (Building and Housing Regulations).
This article 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 article are set forth in the document entitled "Construction and Material Specifications, Hamiltonban Township, Adams County," which document is attached hereto and made a part of this article as if set forth herein in its entirety.
[1]
Editor's Note: The Construction and Material Specifications are 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 article 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 Engineer, or any other agent specifically designated by the Board of Supervisors of the Township of Hamiltonban for this purpose, shall have primary administration and enforcement responsibility and authority under this article.
Any person violating any of the provisions of this article or who assists in the violation of this article shall be subject to a fine of not less than $100 nor more than $1,000, plus cost of prosecution, including reasonable attorneys' fees. Every violator of a provision of this article 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 chapter by the Township Engineer, 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 Township Engineer Officer, or other designated officer, or granting or denying a request for modification, may be taken to the Court of Common Pleas of Adams County within 30 days of the date of the decision.
Future additions, corrections and amendments to said Construction Specification Manual[1] may be amended by the Board of Supervisors, from time to time, by way of resolution(s) duly passed by the Board of Supervisors.
[1]
Editor's Note: The Construction Specification Manual is on file in the Township offices.
Enacted and ordained this 4th day of June, 2013.