A.
Maintenance of driveways.
(1)
Residential, commercial or individual property owners having driveways connecting to or intersecting with the Weisenberg Township roadway system shall be responsible for the maintenance, repair and upkeep of such driveways. This responsibility shall be directly related to precluding driveway surface debris and materials, such as but not limited to soil, dirt, stones or debris, from entering upon the Weisenberg roadway systems.
(2)
The provisions of this article shall be applicable to all paved or unpaved driveways.
(3)
Should such driveways not be maintained and kept in an acceptable state of repairs, whereby such debris and materials shall enter upon a Township road system, the Township shall have the option of removing such debris and materials or notifying the property owner of the obligation to remove such debris and material within five days of the receipt of the certified notice for the removal from the Township. Should the Township be required to remove the said debris and material, the property owner shall be responsible to reimburse the Township for all costs related to such removal and such reimbursement and cost may be filed as a municipal lien until paid in full.
(4)
Should the Township intend to remove the debris and material or be required to notify the property owner to remove debris and materials as set forth in Subsection A(3) above for a total of three separate occasions, then and in that event, the owner(s) of such property shall make the necessary arrangements for the permanent repair and remediation of the surface of such driveway whereby debris and material will cease entering in and upon the Township road or street. Should the property owner fail to reimburse the Township for the costs relating to the removal of the said debris and material, the Township may initiate a summary offense proceeding before a Magisterial District Judge in accordance with the provisions of the Second Class Township Code for the purpose of seeking reimbursement for all costs and fees associated with the removal of such debris and material as is set forth in Subsection A(3) above and for the imposition of fines or imprisonment which apply to summary offense.
B.
Standards for the excavation and renovation of Township roads.
(1)
Any individual, corporation or business that is required by the circumstances to open a Township road causing excavation in the roadway and/or open the pavement must apply for a permit at the Township building, the fee for the permit being established from time to time by Resolution by the Board of Supervisors.
(2)
Any restoration must meet the Township Standards set forth on Exhibit A, attached to this article, incorporated by reference and made a part of this article.[1]
[1]
Editor's Note: See the Standard Specification for Road Restoration, included as an attachment to this chapter.
(3)
The Township Secretary shall give notice to all persons owning property abutting on any street within the Township about to be paved or improved and to all public utility companies operating in the Township, and all such persons and utility companies shall make all water, gas, or sewer connections as well as any other repairs which would necessitate the excavation of the said street within 30 days from the giving of such notice, unless such time is extended in writing for cause shown by the Township Secretary.
(4)
New paving shall not be opened or excavated for a period of five years after the completion except in case of emergency, the existence of which emergency and the necessity of the opening or excavation of such paving to be determined by the Township Board of Supervisors. If it is necessary to excavate to a sewer line within five years after the completion of the paving, the permit for such opening shall be issued only after expressed approval of the Board of Supervisors.
(5)
In the case of any leak, explosion or other accident in the subsurface, line, construction or apparatus, it shall be lawful for the company owning or responsible for such pipe, line, construction or apparatus to commence an excavation to remedy such condition before securing a permit, provided that application for the permit shall be made immediately and no later than five days after completion of the work. The company shall comply with all provisions of this article in the excavation of the roadway. If any such emergency condition shall not be immediately attended to by the owner or person responsible for such pipe, line, construction, or apparatus, the Township Secretary, after such notice as he or she shall deem necessary under the circumstances of the particular case, shall proceed to do the work necessary and required by such emergency and charge the same on the basis of costs, plus 20% to such owner or person.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(6)
To insure that the excavation and restoration is performed in a good and workmanlike manner, and to insure that it is constructed according to the Township's standards, the Township shall establish security to be deposited with the Township. The security may be cash or a maintenance bond. The security shall be returned to the applicant or the maintenance bond released upon satisfactorily completing the work.
(7)
If the work does not meet the standards required, then the property owner will have the option of preparing and performing the necessary repairs or, in the alternative, the Township may use the security deposit to make any repairs necessary to bring the roadwork into compliance with the Township's standards.