[Ord. No. 501, 8/9/2022]
All construction of public and private improvements in the Township must comply with Chapter 22 Subdivision and Land Development of this Code and shall be conducted in accordance with this chapter of the Code.
1. 
Notice Prior to Start of Work. In order that the Township may provide inspection and emergency services during construction, the developer shall file with the Township a notice of commencement not less than two days (48 hours) prior to start of work and shall also submit the following:
A. 
Names, addresses and telephone numbers of the superintendent, contractor and subcontractors and other responsible persons to be contacted in case of emergencies.
B. 
A general schedule of construction which is to be updated during construction if changes are made.
2. 
Supervision and Superintendence.
A. 
The developer shall supervise and direct the work and be solely responsible to see that the work is done in accordance with the construction standards and specifications.
B. 
The developer shall have available at all times while construction is continuing a competent superintendent, who may be contacted during an emergency. The superintendent will be the developer's representative at the site and shall have authority to act on behalf of the developer. All communications given to the superintendent shall be as binding as if given to the developer. If the superintendent is replaced, the developer shall give written notice thereof to the Township immediately.
C. 
The developer shall be fully responsible for the acts and omissions of the contractors, the subcontractors, persons, and organizations directly or indirectly in his employ.
3. 
Site Appearance. The developer shall keep the site free from accumulation of waste materials, rubbish and other debris resulting from the work. At the completion of the work, the developer shall remove all waste materials, rubbish, and debris from and about the site as well as all tools, construction equipment and machinery, and surplus materials and shall leave the site clean.
4. 
Parking. No construction vehicles, vehicles of construction employees, equipment, materials or supplies shall encroach onto a public street. In the case where there is a private street or proposed public street, not yet accepted by the Township, the developer shall maintain an eighteen-foot unobstructed clear path on such street for emergency vehicle purposes.
5. 
Hours of Construction. The operation of heavy construction or excavation machinery, including but not limited to bulldozers, high-lifts, backhoes, trucks, power shovels, pumps and jackhammers, and the operation of equipment such as saws and drills or any other type of machinery in conjunction with the construction of public and private improvements which causes noise sufficient to disturb the peace and general tranquility of the general public, shall be prohibited in the entire Township between the hours of 9:00 p.m. and 7:00 a.m., Monday through Saturday, and all day Sunday and holidays.
6. 
Dust Control. The developer shall maintain the site so as to control the dust. The developer shall employ measures necessary to control dust. At the Township's direction the Township may require routine maintenance of the site for dust control should, in the opinion of the Township, the developer not maintain the site in a reasonable manner.
7. 
Responsibility for Compliance. The developer shall have the sole responsibility to comply with all federal, state, and local laws, and the Township disclaims any duty to enforce any violation of such laws or inform the developer of noncompliance.
[Ord. No. 501, 8/9/2022]
1. 
It shall be unlawful for any developer, owner, or public utility company to construct public or private improvements regulated by this Code, or cause the same to be done, in conflict with or in violation of any of the provisions of this Code.
2. 
Enforcement Notice.
A. 
If any violation of this Public and Private Improvement Code has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
B. 
The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.
C. 
An enforcement notice shall state at least the following:
(1) 
The name of the owner of record and any other person against whom the Township intends to take action.
(2) 
The location of the property in violation.
(3) 
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this public and private improvement Code.
(4) 
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(5) 
That the recipient of the notice has the right to appear to the Township Board of Supervisors within a prescribed period of time in accordance with procedures set forth in this Public and Private Improvement Code.
(6) 
That failure to comply with the notice within the time specified, unless extended by appeal to the Township Board of Supervisors, constitutes a violation with possible sanctions clearly described.
3. 
Any person who shall violate a provision of this Code or who shall fail to comply with any requirement thereof shall be subject to the penalties of the Township Code. Each day that a violation continues shall be a separate offense.
4. 
Abatement of Violation. The imposition of the penalties herein prescribed shall not preclude the Township from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation or to stop an illegal act.
[Ord. No. 501, 8/9/2022]
1. 
Any person, partnership, or corporation who or which has violated or permitted the violation of the provisions of this Code shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good-faith basis for the person, partnership or corporation violating the Code to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this Code shall be paid over to the Township.
2. 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.
[Ord. No. 501, 8/9/2022]
In case any building, structure, landscaping or land is or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of any ordinance enacted by the Township, the Board of Supervisors, or with the approval of the Board, an officer of the Township may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation.
[Ord. No. 501, 8/9/2022]
1. 
Should any section, clause, provision, or portion of this code be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect or impair the validity of any other section, clause, provision, or portion of this code.
2. 
It is hereby declared to be the intent of the Board of Supervisors of the Township, that this code would have been adopted by the Township had such invalid or unconstitutional provision not been included herein, and the remaining portion declared invalid or unconstitutional had never been a part hereof.
[Ord. No. 501, 8/9/2022]
1. 
Notice to Stop Work. Upon notice from the Township that work on the installation of public or private improvements is being prosecuted contrary to the provisions of this code, such work shall be immediately stopped. The stop-work order shall be in writing and shall be given to the developer, or to the person doing the work. The stop-work order shall state the conditions under which the work may be resumed.
2. 
Unlawful Continuance. Any person who shall continue any work in or about a work site having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, shall be liable for the violations and penalties set forth herein.
[Ord. No. 501, 8/9/2022]
This code may be amended by action of the Supervisors in accordance with the Township Code; however, the construction standards of this code as they pertain to any particular public improvement may be amended by resolution of the Supervisors upon recommendation of the Township Engineer and Township Manager.
[Ord. No. 501, 8/9/2022]
1. 
Should there arise any dispute between the developer and the Township with regard to any provisions of this code, the developer and Township may elect to use the provisions of this section to mediate such dispute. Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be determined by the particulars of each case and the willingness of the parties to negotiate.
2. 
Parties may agree to enter into mediation agreement provided it contains at least the following minimum provisions.
A. 
Identification of the selected mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and engineering practices. The mediator shall have demonstrated skills in mediation.
B. 
Time frame in which the mediation will be conducted and completed.
C. 
Provisions for suspension of time limits, if necessary, for applications subject to the same in regard to subdivision, land development, PRD or other application or procedures pursuant to the Pennsylvania Municipalities Planning Code.
D. 
Identification of all parties and affording them the opportunity to participate.
E. 
Subject to legal restraints determining whether the mediation sessions or parts thereof shall be open to the public.
F. 
Identification as to whether the results of such mediation shall be binding upon the parties.
3. 
Funding for mediation shall be born equally between the Township and the developer.
4. 
Mediated solutions shall be in writing and signed by the parties and become subject to review and approval by the appropriate decision-making body when necessary.
5. 
No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings.