[HISTORY: Adopted by the Board of Commissioners
of the Township of Upper Allen as indicated in article histories.
Amendments noted where applicable.]
[Adopted 6-19-2019 by Ord. No. 786[1]]
A.
APPLICANT
CODE ENFORCEMENT OFFICER
COMMONWEALTH
ENGINEER
EXCAVATE
OPEN
PERSON
STREET
TOWNSHIP
As used in this article, the following terms shall have the meanings
indicated:
Any person who applies for a permit.
The Code Enforcement Officer of the Township or his/her authorized
representative.
The Commonwealth of Pennsylvania.
The duly appointed Township Engineer of the Township or his/her
authorized representative.
Any activity within the right-of-way of any street or public
way which involves cutting, breaking, drilling, grading, digging,
scooping or removing earth or other material, or disturbing the surface
thereof. In this article, "open" shall have essentially the same meaning
as excavation.
To cut, drill, dig or otherwise penetrate through the surface
of any street, including boring underneath any street.
Includes any natural person, partnership, firm, association,
organization, company, corporation, or municipality.
Any public street, avenue, road, square, alley, lane, court,
cul-de-sac, public way, public square, highway or other public place
located in the Township and established for the use of vehicles.
The Township of Upper Allen, Cumberland County, Pennsylvania.
B.
In this article, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
A.
It shall be unlawful for any person to open or to make any excavation
of any kind in any of the streets or the street right-of-way in the
Township without first securing a permit therefor from the Township
and satisfying the other applicable requirements consistent with the
regulations as hereinafter provided.
B.
No permit for opening or excavating in a street for the purpose of laying, constructing, extending, replacing, or relocating a water line, gas line, sanitary sewer line, storm sewer line, electrical or communication cable or conduit or other similar facility shall be issued until a plan showing the proposed location thereof has been approved by the Code Enforcement Officer. Such a permit, when issued, shall require the applicant to furnish, upon completion of the work, as-built plans showing the exact location of the facilities. The furnishing of such plans shall be a condition of the bond required under § 217-10 hereof.
A.
Any person desiring to open or excavate in any street in the Township
shall file an application with the Code Enforcement Officer on forms
provided by the Township. Such application shall contain the following
information:
(1)
The name and address of the applicant.
(2)
The exact location of the proposed opening or excavation.
(3)
The approximate size and depth of the proposed opening or excavation.
(4)
The proposed dates and times of commencing and completing the work,
and proposed date of completion for any permanent patches or overlay
paving as required herein.
(5)
The method and progression of performing the work.
(6)
The purpose of the proposed opening or excavation.
(7)
Such other information as the Code Enforcement Officer may deem pertinent.
B.
Such application shall contain a statement, which shall be subscribed to by the applicant, to the effect that the applicant will comply with all relevant ordinances of the Township (including this article) and laws of the Commonwealth of Pennsylvania and that the applicant will protect and save harmless the Township in accordance with Subsection C.
C.
Every person to whom a permit is issued or by whom any opening or
excavation is made shall assume all risks and be liable for all injuries
or damages occasioned by the opening or excavation of the street or
by the failure to properly protect the same, to backfill the same,
to restore the surface or to maintain the surface or by any other
action or inactions in connection therewith. Such person shall indemnify
and save harmless the Township, its officials and employees of and
from any such liability. In addition, such person shall submit to
the Code Enforcement Officer, at the time of applying for a permit,
a certificate or certificates of insurance for public liability and
property damage, including blasting insurance, where applicable, in
the minimum coverage amount of $1,000,000. A satisfactory certificate
of insurance confirming such liability insurance coverage must be
filed with the Township before any work shall be commenced pursuant
to the issued permit.
A.
Upon being satisfied that the application is in proper form and upon receipt from the applicant of the fee prescribed by § 217-5 hereof, the performance bond prescribed by § 217-10 hereof and the certificates of insurance prescribed by § 217-3 hereof, the Code Enforcement Officer shall issue a permit. Permits shall be issued by the Township only to persons furnishing public utility services or the owner or owners of the real property adjoining the location where such opening or excavation is to be made. Such permit shall apply only to the specific work described in the application, shall expire on the date and time when the work is proposed to be completed and may contain such conditions or limitations as the Code Enforcement Officer deems necessary for the protection of persons and property.
B.
Any person who receives a permit may be required, at the discretion
of the Code Enforcement Officer, to provide visual proof of the condition
of the street or streets subject to excavation prior to the commencement
of the excavation. Proof of condition of the area subject to excavation
shall be in the form of photographs or video of the entire area.
C.
A permit may be issued to the applicant after all of the requirements
therefor have been satisfied. If the application is disapproved, written
notice of disapproval together with reasons therefor shall be given
by the Township to the applicant.
D.
Responsibility to contact utilities. The work authorized by any permit
issued hereunder is subject to all the provisions of the Underground
Utility Line Protection Law, Act of December 10, 1974, P.L. 852, No.
287, § 1 et seq., as amended or supplemented from time to
time. It shall be the applicant's responsibility to contact the utilities
that have recorded their facilities in compliance with said Act. A
partial list of utilities providing services in the Township and their
office addresses may be obtained from the Recorder of Deeds of Cumberland
County, Pennsylvania. The applicant shall also be responsible for
providing the serial number from the Pennsylvania One Call System
to the Township.
E.
It shall be the applicant's responsibility to notify the Township's Code Enforcement Officer prior to any lane or street closure required to conduct work as defined in a permit, except in the event of an emergency as defined in § 217-6 herein. Notice of any road closure shall be in conformance with the provisions herein and § 181-1.1E of the Peace and Good Order Ordinance.[1]
[Added 1-20-2021 by Ord. No. 803; amended 12-20-2023 by Ord. No.
831]
The fee for each permit shall be as set, from time to time,
by resolution of the Board of Commissioners of Upper Allen Township.[1]
In the case of any leak, explosion or other accident in any
subsurface pipe, line, conduit, construction or apparatus, it shall
be lawful for the person owning or responsible for such pipe, line,
conduit, construction or apparatus to commence an opening or excavation
to remedy such condition before securing a permit, provided that application
for a permit shall be made immediately and not later than the next
business day thereafter and that all other provisions of this article
are fully complied with. If any such emergency condition shall not
be immediately attended to by the owner or person responsible for
such pipe, line, conduit, construction or apparatus, the Township,
after such notice as it shall deem necessary under the circumstances
of the particular case, may proceed to have the work necessary and
required by such emergency done and charge the cost thereof to such
owner or person.
A.
All surface street cut openings shall be restored with a minimum
patch area of 10 linear feet by the full width of the travel lane
by means of milling and bituminous overlay. The patch length shall
be extended to provide a minimum of one-foot cutback beyond the street
opening. Restoration of the subsurface opening with bituminous base
course shall be extended one foot beyond the physical opening in all
directions.
B.
When two or more transverse trench openings are made in the street
pavement less than 100 feet apart, the applicant shall mill and place
bituminous pavement over the entire width of the traffic lane(s) in
which the openings were made for the entire length of the street between
such openings.
C.
For any case where the street cut opening extends beyond the roadway
center line, the surface restoration requirements listed above shall
be extended for both disturbed travel lanes.
D.
When the opening is to be closer than three feet to the edge of the
existing pavement, the opening shall be extended to the edge of pavement.
E.
When the permitted opening is to be closer than five feet to the
edge of an existing patch or patches in the pavement, the restoration
shall be extended to include said patch.
F.
When the permitted opening is located in a street 16 feet wide or
less, then the applicant shall mill and place bituminous pavement
over the entire width of the street for the entire length of the opening.
G.
The overlay conditions within this section may be waived by the Board
of Commissioners of Upper Allen Township if the Township is scheduled
to perform full road paving within the next 12 months from date of
application.
The following construction requirements shall apply to all openings
or excavations in streets of the Township:
A.
Any person who shall open or excavate any street or public right-of-way
area in the Township shall thoroughly and completely refill the opening
or excavation in such a manner as to prevent any settling thereafter,
and shall restore the surface to the same condition or better as it
was before the opening or excavation. This includes any regrading
and reseeding of nonpavement areas within the right-of-way.
C.
Unless otherwise set forth in this article, all construction processes
and material specifications shall be in accordance with Township Standard
Construction and Material Specifications and Pennsylvania Department
of Transportation Publication 408, as amended.
D.
No work shall begin until all utility companies having facilities
in the area have been notified. The work shall be conducted so as
not to interfere with water mains, sewers or their connections with
the house or any other subsurface lines or construction until permission
of the proper authorities in connection with such subsurface lines
or construction shall have been obtained. Any damage to such lines
or construction shall be repaired immediately and shall be reported
to the owner thereof.
E.
The surface shall conform to the proper grade and be of the same
surface covering as the part of the street immediately adjoining the
opening.
F.
Any applicant test boring or drilling into any Township street for location of leaks or venting of leaks shall be required to backfill in accordance with § 217-8L herein.
G.
The applicant shall be responsible to replace all pavement markings
that are removed or damaged. All material shall be in conformance
with Township Standard Construction and Material Specifications[2] and Pennsylvania Department of Transportation Publication
408, as amended.
[2]
Editor's Note: The Construction and Material Specifications
are on file in the Township offices.
H.
Temporary paving shall be placed and maintained for a minimum of
60 days and a maximum of 120 days. Temporary paving shall be thoroughly
bound and compacted, installed flush with the surface of the adjoining
paving. Such temporary paving material and thicknesses shall be in
accordance with Township Standard Construction and Material Specifications
and Pennsylvania Department of Transportation Publication 408, as
amended. An alternate temporary paving consisting of two inches of
cold patch or two inches of superpave binder (19 mm) may be used on
a case-by-case basis if approved by the Township. Trenches shall be
restored with temporary paving at the close of each business day unless
otherwise directed by the Township.
I.
Permanent paving shall be thoroughly bound and compacted, installed
flush with the surface of the adjoining paving within 10 business
days after receiving authorization from the Township. Bituminous pavement
material shall be placed with a paver. Application of permanent bituminous
material by hand is not acceptable. Such permanent paving material
and thicknesses shall be in accordance with Township Standard Construction
and Material Specifications and Pennsylvania Department of Transportation
Publication 408, as amended. All temporary paving material shall be
removed from trenches prior to placement of the permanent paving base
course.
J.
Wherever practicable, tunneling shall be used as a construction method
in preference to disturbing the surface of the street, and the Code
Enforcement Officer may so specify on the permit. No tunneling shall
be used unless the express direction or approval of the Code Enforcement
Officer is endorsed on the permit. The backfilling of a tunnel excavation
shall be made only in the presence of the Township, its engineers
or inspector designated by it, and shall be done only in a method
approved by the Township, its engineers or by the inspector designated
by the Township.
K.
The use of steel plates to cover open excavations shall be prohibited
at all times between the dates of October 15 and April 15. Between
the dates of October 15 and April 15, stone backfill shall be required.
The applicant shall be responsible for maintaining the stone backfill
in a manner acceptable to the Township.
L.
Openings shall be made in the street surface by sawing to neat lines.
Excavated material shall be immediately placed in trucks and removed
from the construction site.
M.
All openings or excavations shall be backfilled with PennDOT 2A modified
stone aggregate compacted in maximum eight-inch layers if vibratory
compaction equipment is used. Backfill stone aggregate to a level
not to exceed the existing pavement depth or to a level necessary
to accommodate the required bituminous pavement trench restoration
section. Provide a minimum of one-foot cutbacks in existing pavement
around the limits of the excavated area. The Township may require
limits of cutbacks to exceed one foot at its discretion as necessary
to achieve satisfactory restoration in the best interest of the Township.
The bituminous pavement restoration shall consist of 1 1/2 inches
of superpave wearing course, 9.5 mm and a minimum of five inches of
superpave binder course, 25 mm. The depth of superpave binder course
shall be increased to match the existing depth of bituminous pavement
if the overall depth exceeds 6 1/2 inches. The maximum placement
thickness per lift of superpave binder course, 25 mm, shall be 5 1/2
inches. Equivalent Marshall mixes may be substituted, when approved
by the Township. All pavement joints shall be sealed, rubberized joint-sealing
material. When wearing course is placed adjacent to curb to form bituminous
gutter, seal with hot bituminous material of the class and type designated
for wearing course and extend to six inches from the curb, applied
evenly. The use of PG 64-22 is permitted.
N.
No opening or excavation in any street shall extend from the curbline
into the street a distance greater than one foot beyond the center
line of the street before being backfilled and the surface of the
street restored to a condition safe and convenient for travel.
P.
No more than 500 feet longitudinally shall be opened in any street
at any one time.
Q.
Monuments of concrete, iron or other lasting material set for the
purpose of locating or preserving the lines of any street or property
subdivision, or a precise survey reference point or a permanent survey
benchmark within the Township shall not be removed or disturbed or
caused to be removed or disturbed unless permission to do so is first
obtained in writing from the Township. Permission shall be granted
only upon condition that the applicant shall pay all expenses incident
to the proper replacement of the monument.
R.
When the work performed by the applicant interferes with the established
drainage system of any street, adequate provision shall be made by
the applicant to provide proper drainage to the satisfaction of the
Township.
S.
Access to private driveways shall be provided except during working
hours when construction operations prohibit provision of such access.
The applicant shall be responsible for notifying property owners whose
driveway access will be inhibited. Free access must be provided at
all times to fire hydrants.
T.
In the excavation or opening of any street, the applicant shall take
all necessary and reasonable precautions to ensure that the street
remains in a safe and passable condition for the traveling public
at all times. Such precautions may include, but are not limited to
the use of signs, barriers, guards, lanterns and all other warning
devices sufficient to alert the traveling public of possible dangers
relative to the excavation both day and night.
U.
The applicant shall be responsible for contacting the Code Enforcement
Officer to obtain all necessary inspections. Work shall not proceed
until the Code Enforcement Officer has inspected and given his approval
of the following work: when excavation is ready for backfilling and
before backfilling is done, when backfilling work is completed, when
the temporary paving has been installed and when the street is ready
for permanent paving.
V.
In the case where a bituminous pavement overlay is warranted, the
applicant shall remove existing wearing surfaces by milling to a minimum
depth of 1 1/2 inches to accommodate placement of a one-and-one-half-inch
bituminous wearing course.
B.
The Township will give timely notice to all persons owning property
abutting on any roadway or any utilities with facilities located within
the Township's public right-of-way for roads that are scheduled for
improvements as part of the Township's roadway management plan. The
degradation fee may be waived if the street opening or excavation
work is completed at least 12 months prior to the roadway being improved.
The applicant shall maintain the portion of the street disturbed
by the opening or excavation for a period of 18 months from the date
the backfilling is completed at a proper grade and condition free
from ridges and depressions. Such maintenance work shall be done as
often as may be necessary to guarantee proper restoration of the surface
and proper maintenance of the disturbed area. The applicant must deposit
with the Code Enforcement Officer, prior to issuance of the permit,
a bond in an amount of 110% of the cost of the improvements, with
corporate surety guaranteeing the proper performance of the work and
the proper maintenance of the disturbed area for the period of time
required above. Utilities and other persons who open or excavate in
streets on a regular basis may, with the permission of the Code Enforcement
Officer, keep on deposit a single bond in an amount set by the said
officer and applying to the work included in all of the permits at
any time outstanding.
A.
In the event that any work performed by or for a permit holder shall,
in the opinion of the Township or its engineers, be unsatisfactory
and where that work is not corrected in accordance with the Township's
instructions within the time fixed by it, or in the event that the
work for which the permit was granted is not completed within the
time fixed by the Township, the Township may proceed to correct such
unsatisfactory work or complete any such work not completed, and charge
the cost of the work and materials to the applicant.
B.
When any earth, gravel, or other excavated material is caused to
roll, flow, or wash upon any street, the applicant shall cause the
same to be removed from the street within 24 hours after deposit.
In the event the earth, gravel or other excavated material so deposited
is not removed, the Township shall cause the removal, and the cost
incurred shall be paid by the applicant.
C.
If, within 18 months after the restoration of the surface as herein
provided, defects shall appear therein resulting from defective backfilling
by the applicant or its contractor or otherwise related to the applicant's
work, then the applicant shall reimburse the Township for the cost
of all necessary repairs to the permanent paving.
D.
Payment for all work done by the Township under the provisions hereof
shall be made by the person made liable therefor within 30 days after
a bill therefor is sent to such person by the Township. Upon failure
to pay such charges within such time, the same shall be collectible
by the Township by an action at law or in the manner provided by law
for the collection of municipal claims.
All such persons and utility companies shall make all water,
gas, sewer or other connections as well as any repairs thereto which
would necessitate the opening or excavation of said street within
90 days from the giving of such notice, unless such time is extended,
in writing, by the Engineer or Code Enforcement Officer. New paving
shall not be opened for a period of five years after the completion
thereof, except in case of emergency only, the existence of which
emergency and the necessity for the opening of such paving to be determined
by the Engineer or Code Enforcement Officer. If any person seeks to
open or excavate a street within five years after the completion of
the paving thereof for any reason other than an emergency as above
stated, the applicant shall make written application to the Board
of Commissioners of Upper Allen Township, and a permit shall be issued
only after express approval of the Board of Commissioners and only
upon submission of the required bonding and payment of a permit fee
as shall be set, from time to time, by resolution of the Board of
Commissioners.[1] The applicant will be responsible for paying 200% of the
degradation fee value for opening of newly paved surfaces within the
five-year period.
[Amended 1-20-2021 by Ord. No. 803]
No new water, sewer, steam or gas main or electric, telephone
or other utility line shall hereafter be laid or constructed, and
no such existing main or line shall be extended, in any of the streets
of the Township until the plan therefor shall have been first filed
with the Township and such plan, and the exact location of such main
or line, is approved by the Township. The Township shall not approve
the location of any such main or line at a depth of less than 30 inches
from the surface of the entire right-of-way unless it is clear to
the Township that locating the same at a depth of more than 30 inches
from the surface is impossible or impractical.
In the event any person violates the provisions of this article or the terms and conditions of any permit issued hereunder, the Code Enforcement Officer or the engineer may order a cessation of the work, order the performance of additional or corrective work by or on behalf of the applicant and at the applicant's expense, revoke the permit, institute such legal or equitable actions as may be appropriate, institute an action for the imposition of a fine under § 217-15 hereof or take such other actions as may be deemed necessary under the circumstances. The above remedies may be pursued simultaneously or consecutively. No person who has violated the provisions of this article and has failed or refused to remedy such violation shall be eligible for the issuance of any other permit hereunder until such violation has been remedied.
Any person, whether as principal, agent or employee, who shall
violate or assist in the violation of any of the provisions of this
article shall, upon conviction thereof before a District Justice,
pay a fine of not more than $1,000 and in default of the payment of
such fine and the costs of prosecution shall be sentenced to not more
than 30 days' imprisonment in the Cumberland County Jail.
[Adopted 8-18-2010 by Ord. No. 678; amended in its entirety 12-18-2019 by Ord. No. 790]
As used in this article, the following terms shall have the
meanings indicated:
Includes any natural person, partnership, association, firm
or corporation. The singular shall include the plural, and the plural
shall include the singular. The masculine shall include the feminine
and the neuter.
It shall be the duty of every property owner in Upper Allen
Township, at his own expense, within 30 days after notice from the
Board of Commissioners of Upper Allen Township, to construct, reconstruct
or repair, as such notice shall require, a sidewalk and/or curb, which
shall conform to all the applicable provisions of this article, in
front of and/or alongside such property.
Every sidewalk, curb and driveway shall be constructed, reconstructed
and repaired strictly in accordance with the provisions of this article
and in conformity with the lines and grades shown on the official
street plans as approved by the Board of Commissioners of Upper Allen
Township. All public areas shall be designed barrier free in accordance
with applicable federal and state standards, including but not limited
to the Rehabilitation Act[1] and Americans with Disabilities Act.[2]
In the construction, reconstruction and repair of sidewalks,
the following specifications and requirements shall apply:
B.
Modification to the sidewalk requirements and specifications may
be approved by the Board of Commissioners of Upper Allen Township.
C.
Sidewalks located within the public right-of-way are defined as "deteriorated"
and subject to a repair notice from the Township requiring replacement
of the damaged section if the sidewalk contains any of the following:
(1)
A horizontal gap between individual sidewalk sections of one inch
or more.
(2)
Adjoining sections or portions thereof whose edges differ vertically
by more than 1/4 inch.
(3)
Ramping, where there is a rise or depression of more than one inch
within eight inches in conjunction with a vertical separation.
(4)
A hole or opening in the concrete of 3/4 inch or more.
(5)
Cracks of more than 1/8 inch in width.
(6)
Spalling of concrete with a minimum depth of more than 1/4 inch or
where 25% of the surface area of an individual sidewalk section has
any spalling, cracking, or irregular surfaces.
(7)
Depressions, reverse cross slopes (sloping away from the street),
or with an adjoining wall or other indentations that collect mud or
water.
(8)
Sidewalks that have been repaired with bituminous material patching.
(9)
Any other condition determined by the Township that creates a hazardous
condition for pedestrian traffic.
In the construction, reconstruction and repair of curbing, the
following specifications and requirements shall apply:
B.
Curb radius shall be as shown on the plans and profiles.
C.
Modifications to the curb requirements and specifications may be
approved by the Board of Commissioners of Upper Allen Township.
D.
Curbs located within the public right-of-way are defined as "deteriorated"
and subject to a repair notice from the Township requiring replacement
or repair of the damaged section if the curb contains any of the following:
(1)
Less than four inches of exposed vertical facing on the public street.
(2)
Exposed aggregate.
(3)
Material (asphalt, concrete, mortar, etc.) added to the gutter so
as to impede normal drainage flow.
(4)
A horizontal gap between individual curb sections of one inch or
more.
(5)
Adjoining sections or portions thereof whose edges differ vertically
by more than 1/2 inch.
(6)
Horizontal cracks causing spalling or the breaking away of the curb
section.
(7)
Vertical face of curb that has an offset angle to the public street
of less than 85° or greater than 110°.
In the construction, reconstruction and repair of driveways,
the following specifications and requirements shall apply:
A.
Every driveway shall be constructed of plain cement concrete, Class
A, conforming to the requirements of the Township Standard Construction
and Material Specifications, as amended,[1] wherever the sidewalk crosses and shall be of a minimum
depth of six inches.
[1]
Editor's Note: The Construction and Material Specifications
are on file in the Township offices.
B.
Driveways shall be placed on an approved subgrade.
C.
Every driveway shall be in accordance with the Upper Allen Township
Zoning and Subdivision Land Development Ordinances, as amended.
It shall be the duty and responsibility of the Township Engineer
or Township Manager or the designee of either to determine, in the
case of any individual sidewalk, curb or driveway, whether the same
shall be reconstructed or repaired and, if so, the specific part or
parts thereof to be reconstructed or repaired, as the case may be.
Any property owner, upon his own initiative and without notice
from the Township, may reconstruct or repair the sidewalk or curb
abutting his property or the driveway serving his property, provided
that he shall first make application to the Township and that, in
the reconstruction or repair of such sidewalk, curb or driveway, he
shall conform in all respects to the provisions of this article applicable
to such work. The fee for said application shall be established from
time to time by resolution of the Board of Commissioners of Upper
Allen Township.
If any property owner shall fail, neglect or refuse to construct,
reconstruct or repair any sidewalk, curb or driveway, as the case
may be, after notice from the Township, within the time limit specified
by such notice, the Township may cause such work of construction,
reconstruction or repair to be done and shall collect the cost thereof,
and 10% additional, from the owner and may file a municipal claim
therefor or collect the same by action in assumpsit.
If any property owner shall hereafter construct, reconstruct
or repair any sidewalk, curb or driveway otherwise than in strict
conformity with all the applicable provisions and requirements of
this article, the Township may notify such property owner to correct
all such defects by whatever means is necessary to do so, within 10
days of notice, in default of which the Township may cause such defects
to be corrected and may collect the cost thereof, with 10% additional,
from the owner and may file a municipal claim therefor or collect
the same by action in assumpsit.
The Township Manager is hereby vested with authority to institute
a program of regular inspection of sidewalk, curb and driveway conditions
in any area or areas of the Township as he, in his discretion or by
specific direction from the Board of Commissioners of Upper Allen
Township, may determine, on an annual basis, so that it shall be expedient
for the Board of Commissioners to let a contract or contracts for
replacement, repair, root removal, etc., to the end that the citizens
who are given notice to repair pursuant to such program shall have
the benefit of reasonable costs in making such repair and replacement
if they choose to use the contractor(s) so designated by the Township.
A.
The Township's cost of the materials, labor and related work with
respect to each property owner utilizing the Township's designated
contractor shall be assessed on a lineal-foot or other equitable basis,
and the Township Engineer or Township Manager or the designee of either
shall calculate and ascertain the assessment assessable upon such
property and shall prepare assessment bills or certificates and certify
to the Township the correctness of the same, which assessment bills
or certificates, duly certified under the Seal of Upper Allen Township
and attested by the President of the Board of Commissioners of Upper
Allen Township and by the Secretary, shall be collected from the owner
or owners of such property.
B.
Said assessment bills or certificates, when executed as provided in Subsection A hereof, shall be served upon the owner or owners of such property either personally or by leaving the same with an adult member of the family with whom said owner or owners reside if the owner or owners cannot be found within Upper Allen Township. If said owner or owners of said property have no residence or cannot be found in Upper Allen Township, the bill shall be posted upon the premises or a copy thereof left with the occupant, if there is one, and shall further be mailed by registered or certified mail to the owner or owners or his or their agent or attorney at his or their last known address. If the owner of said property is a corporation, said bill may be served upon the president or secretary or other person in charge if it has an office or place of business in Upper Allen Township. If, however, said corporation shall have no office or place of business in Upper Allen Township, then said bill or bills shall be posted on the premises and a copy left with the occupant, if there is one, and shall further be mailed by registered or certified mail to said corporation at its last known address. In all cases where said bill shall be sent by registered or certified mail, the time herein provided shall be computed from the date said letter shall be mailed or registered, provided that a bill has been previously posted on the premises.
C.
Said assessments shall be payable forthwith at the office of the Treasurer of the Township, and the Township Engineer and the Township Secretary, as soon as possible after the assessment shall have been approved by the Board of Commissioners, shall certify a complete duplicate copy thereof to the Township Treasurer. Should an owner or owners of said property against which an assessment shall have been made refuse or neglect to pay such assessment within 120 days after notice of the same, as provided in Subsection B hereof, the Township shall immediately file a claim therefor, together with 10% as penalty added and legal interest thereon, against the property upon which such assessment or assessments have been made, and it is hereby made the duty of the Township Treasurer that he shall certify to the Township Solicitor all unpaid assessments or assessment bills. It shall be the duty of the Township Solicitor, when any such assessments or assessment bills shall have been certified to him or her as aforesaid, to file a claim in the proper office of the County of Cumberland therefor against the property or properties upon which such assessments or assessment bills shall have been made. The Township Solicitor shall thereupon proceed to collect the same under the general law relating to the collection of municipal claims.
Any person who or which violates or permits a violation of this
article, upon being found liable therefor in a civil enforcement proceeding,
shall pay a fine of not more than $600, plus all court costs, including
reasonable attorney's 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 Justice
and/or court. 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.
