[HISTORY: Adopted by the Board of Supervisors of the Township of
Pocopson as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision and land development — See Ch. 190.
[Adopted 6-12-1974]
As used in this article, the following terms shall have the meanings
indicated:
Any natural person, corporation, partnership, joint venture, sole
proprietorship, firm, association and any other entity of whatever type.
All those attorneys' fees incurred by the Township in bringing an
action to enforce this article and collect fines and penalties in connection
therewith and shall be at that hourly rate annually approved by the Board
for the Township Solicitor.
In accordance with the provisions of Section 2322 of Article XXIII of
the Second Class Township Code, as amended,[2] no railroad or street railway shall hereafter be constructed upon
any Township road, nor shall any railroad or street railway crossings, nor
any gas pipe, water pipe, electric conduits, or other piping, be laid upon
or in, nor shall any telephone, telegraph, or electric light or power poles,
or any coal tipples or any other obstructions be erected upon or in, any portion
of a Township road except under such conditions, restrictions and regulations
relating to the installation and maintenance thereof, as may be prescribed
in permits granted by the Township for such purpose.
The application for a permit shall be on a form prescribed by the Township
and submitted to the Township in duplicate. The application shall be accompanied
by a fee in accordance with the Schedule of Fees set forth by the Department
of Transportation for highway occupancy permits and restoration charges. In
addition, the applicant shall submit two copies of a sketch showing such dimensions
as the location of the intended facility, width of the traveled roadway, right-of-way
lines and a dimension to the nearest intersecting street.
A permit shall be issued to the applicant after all the aforementioned
requirements have been filed.
Upon completion of the work, the applicant shall give written notice
thereof to the Township.
Upon completion of the work authorized by the permit, the Township shall
inspect the work and, when necessary, enforce compliance with the conditions,
restrictions and regulations prescribed by the permit. In addition to that
inspection, the Board of Supervisors or its agents may reinspect the work
not more than two years after its completion, and if any settlement of the
road surface or other defect appears in the work contrary to the conditions,
restrictions and regulations of the Township, the Board of Supervisors may
enforce compliance therewith. Where any settlement or defect in the work occurs,
if the applicant shall fail to rectify any such settlement or other defect
which presents an immediate or imminent safety or health problem within 48
hours or any other defect within 60 days after written notice from the Township
to do so, the Township may do the work and shall impose upon the applicant
the cost thereof, together with an additional 20% of such cost.
Any person who violates or permits the violation of any provision of
this article shall, upon being found liable thereof in a criminal enforcement
proceeding, pay a fine of not more than $1,000, plus court costs and reasonable
attorneys' fees, and may be incarcerated for a period not exceeding 90 days
for each and every violation. Such fine, costs, attorneys' fees, and incarceration,
after being reduced to a final, unappealed judgment, shall be enforced by
the Township pursuant to the applicable Rules of Criminal Procedure. Each
twenty-four-hour period during which failure to comply continues shall constitute
a separate violation. The Township Code Enforcement Officer shall initiate
criminal enforcement proceedings in order to achieve compliance with this
chapter.
[Adopted 2-27-1989 by Ord. No. 3-1989]
[Added 9-8-1997 by Ord. No. 3-1997]
As used in this article, the following terms shall have the meanings
indicated:
Any natural person, corporation, partnership, joint venture, sole
proprietorship, firm, association and any other entity of whatever type.[1]
All those attorneys fees incurred by the Township in bringing an
action to enforce this article and collect fines and penalties in connection
therewith and shall be at that hourly rate annually approved by the Board
for the Township Solicitor.
[Amended 9-8-1997 by Ord. No. 3-1997]
A.
No natural person, corporation, partnership, joint venture,
sole proprietorship, firm, association or any other entity of whatever type
("person") shall within the right-of-way of any Township streets construct,
open or use for their own or public use in the Township of Pocopson any utility
or drainage facilities in connection therewith, without first obtaining a
permit from the Board of Supervisors of Pocopson Township as provided below.
B.
Nothing in this article shall be construed to require
a permit in advance for emergency repairs necessary for the safety of the
public or restoration of service, but application for such permit and the
fee shall be submitted as herein prescribed within five days after the commencement
of the work.
A.
The application for a permit shall be on a form prescribed by Pocopson Township and submitted to the Township in duplicate. The application shall be accompanied by a fee in accordance with the Schedule of Fees set forth by the Department of Transportation for highway occupancy permits and restoration charges. These fees shall cover the costs of processing the application and the first inspection of the work. Fees for additional inspections will be based on the costs of making the inspection. In addition, the applicant shall submit two copies of an engineered plan showing the location of the intended utilities and facilities, and such dimensions as the width of the traveled roadway, right-of-way lines, distances to the nearest intersecting street and distance to side property lot lines. A subdivision or land development plan meeting the requirements of Chapter 190, Subdivision and Land Development, as amended, shall be acceptable, provided that all other information and documents required by this article are submitted to the Board of Supervisors.[1]
B.
All such applications, plans and fees shall be filed
with the Township Roadmaster at least 10 days prior to a regular meeting of
the Township Supervisors at which it is desired to seek approval thereof.
Before acting upon any such plans, the Township Supervisors may, in their
discretion, arrange for a public hearing, after giving such notice as they
may deem desirable in each case.
C.
The Township Supervisors shall render a decision either
approving or disapproving such application within 90 days after same is filed,
provided that any disapproval of the plans shall be issued within said ninety-day
period containing a brief explanation setting forth the reason for the disapproval
and the manner, if any, in which the applications can be corrected and/or
modified to obtain the required approval. If no decision is rendered on the
applications within 90 days, the applications shall be deemed to be approved
unless the person requesting approval has agreed in writing to an extension
of time.
No permit shall be issued to an applicant until the following minimum
requirements of this article are satisfied:
A.
The plans shall show the profiles of affected streets and drives, the course, structure and capacity of any utility or drainage facilities, the method of drainage of the adjacent or contiguous territory and drainage profiles of the roads and property shown on the plans. If there is an increase in the flow of water onto the roadway, right-of-way or adjoining property, storm drainage plans meeting the requirements of Chapter 190, Subdivision and Land Development, as amended from time to time, shall be submitted to the Township together with calculations concerning volume and velocity of the runoff and the size of drainage facilities. The minimum standard for drainage facilities and the maximum allowable runoff velocity shall conform to Chapter 190, Subdivision and Land Development, or to the requirements of any separate storm drainage regulations hereafter adopted by the Township. If an increase in runoff will occur, appropriate releases shall be obtained from the owners of land receiving the increased runoff and submitted with the application. The drainage release shall be notarized and recorded in the office of the Recorder of Deeds in and for Chester County.
B.
The applicant makes a deposit to cover the cost of inspecting
the work authorized by the permit and the cost of restoring the street damaged
by such work, all in accordance with the provisions of this article.
C.
The applicant shall furnish a bond as required by this
article.
The following shall be conditions to any permits issued under this article:
A.
The permittee shall restore all pavement and shoulders
of public streets and affected private streets to their former condition at
the expense of the permittee and shall be responsible for repairing any failure
of facilities within two years of completion of the work.
B.
All work shall be done in such a manner as shall be consistent
with the safety of the public. Where traffic control is necessary, it shall
be accomplished according to the appropriate standards of the Pennsylvania
Department of Transportation regulating work-site traffic control in effect
at the time the work is performed.
C.
All work involving cuts into the travel portion of a
public roadway must be started within 30 days of permit issuance. All work
must be completed within 90 days of work commencement.
D.
The Board of Supervisors shall have the right to impose
such other conditions, restrictions and regulations upon the permit required
herein as are reasonably related to the requirements of this article.
E.
Upon completion, if a defect is found, applicant shall
be given notice by Township to correct the defect within a specific reasonable
period of time, not to exceed 60 days. If at any time (i.e., during construction
or after completion) a dangerous condition exists which, in the sole opinion
of the Township, requires immediate action, the Township shall make a good-faith
effort to notify the applicant to immediately correct the problem. In the
event the applicant cannot be located, and/or the applicant refuses or fails
to correct the defect and/or dangerous conditions within the time specified
by the Township, the Township shall have the right, but not the duty, to undertake
to correct the defect and/or dangerous conditions, in which event the applicant
agrees to reimburse the Township for all costs attendant to said effort.
[Added 7-10-1989 by Ord. No. 7-1989]
A.
The Roadmaster, upon receipt of a properly completed
application, shall determine the amount of the deposit to be made by the permittee,
which amount shall equal the approximate expense to meet the requirements
of this article; provided, however, that the minimum amount of the deposit
shall be $2,000. The deposit shall be paid at the time the permit is received,
and the deposit shall be used to reimburse the Township for the cost of any
work and/or materials furnished by it in connection with the work authorized
by the permit, to cover all necessary inspections of said work, and for any
other purpose set forth in this article. The Township may elect to waive this
requirement insofar as it pertains to a public utility company if such company
files with the Township its corporate bond in a form satisfactory to the Township
Solicitor, conditioned upon the payment to the Township of all costs which
would otherwise be covered by and paid out of such a deposit. In the event
any public utility company elects to file such a bond, the Township shall
bill such company monthly for such costs as they accrue.[1]
B.
The deposit may be either in the form of a certified,
treasurer's, or cashier's check or in lawful money of the United States.
C.
If any deposit is less than sufficient to pay all costs,
the permittee shall, upon demand, pay to the Township an amount equal to the
deficiency. If the permittee fails or refuses to pay such deficiency, the
Township may institute an action to recover same in any court of competent
jurisdiction. Until such deficiency is paid in full, no additional permits
shall be issued to such permittee.
D.
The Roadmaster shall determine the cost of any work done
or repairs made by him or under his direction, pursuant to the provisions
of this article. In the event a permittee disputes the amount charged by the
Roadmaster for work done or repairs made by the Township, the Township Board
of Supervisors shall decide the amount due the Township.
E.
Upon notification by the permittee that all work authorized
by the permit had been completed, and after restoration of the opening, and
after the certificate of final inspection has been issued, the Roadmaster
shall refund to the permittee his deposit less all costs incurred by the Township
in connection with said permit. In no event shall the permit fee be refunded.
No such permit shall be issued unless and until the applicant therefor
has filed with the Roadmaster a bond or other adequate, acceptable security,
in such specific amount as is within the reasonable discretion of the Roadmaster
and which shall depend upon the work being performed by the permittee. The
condition of said bond is to indemnify the Township for any loss, liability
or damage to person or property that may result or accrue from or because
of the making, existence or manner of guarding or construction of any such
tunnel or excavation. Such bond shall have as surety a corporation licensed
to do business in the state as a surety company.
A.
Any permit may be revoked by the Roadmaster, after notice
to the permittee, for:
(1)
Violation of any condition of the permit or of any provisions
of this article;
(2)
Violation of any provision of any other applicable ordinance
or law relating to the work;
(3)
Existence of any condition or the doing of any act constituting
or creating a nuisance or endangering life or property.
B.
A permittee shall be granted a period of three days from
the date of the notice to correct the violation and to proceed with the diligent
prosecution of the work authorized by the permit before said permit is revoked.
C.
Written notice of any such violation or condition shall
be served upon the permittee or his agent engaged in the work. The notice
shall contain a brief statement of the reasons for revoking the permit. Notice
may be given either by personal delivery thereof to the person to be notified
or by certified or registered United States mail addressed to the person to
be notified. When any permit has been revoked and the work authorized by the
permit has not been completed, the Roadmaster shall do such work as may be
necessary to restore the street or part thereof to as good a condition as
before the opening was made. All expenses thereby incurred by the Township
shall be recovered from the deposit or bond the permittee has made or filed
with the Township.
The permittee shall fully indemnify and save harmless and defend the
Township, it agents and employees, of and from all liability for damages or
injury occurring to any person or persons or property through or in consequence
of any act or omission of any contractor, agent, servant, employee or person
engaged or employed in, about, or upon the work, by, at the instance, or with
the approval or consent of the permittee; through any failure of the permittee
or any such person to comply with the permit or this chapter; and for a period
of two years after completion of the permitted work, from the failure of the
highway in the immediate area of the work performed under the permit where
there is no similar failure of the Township highway beyond the area adjacent
to the area of the permitted work.
Upon completion of the work, the applicant shall give written notice
thereof to the Township.
Upon completion of the work authorized by the permit, the Township,
through its designated representative, shall cause the work to be inspected
and, when necessary, enforce compliance with conditions prescribed in the
permit and this article. In addition to that inspection, the Board of Supervisors
or its agents may reinspect the work not more than two years after its completion,
and if any settlement of the road surface or other defect appears in the work
contrary to the conditions, restrictions and regulations of the Township,
the Board of Supervisors may enforce compliance therewith. If the permittee shall fail to rectify any defect
which presents an immediate or imminent safety or health problem within 48
hours or any other defect within 60 days of written notice from the Township
to do so, the Township may cause the work to be performed and impose upon
the applicant the cost thereof together with an additional 20% of such costs
to offset its administrative cost.
No action by the Board of Supervisors shall be construed to require
the Township to accept dedication of any facilities erected under any permit.
The provisions of this article shall be held to be minimum requirements
for the promotion of the purposes hereof. Where the provisions of this article
impose greater restrictions than those of any other statute, ordinance or
regulation, the provision of this article shall be controlling. Where the
provisions of any other statute, ordinance or regulation impose greater restrictions
than this article, the provisions of such other statute, ordinance or regulation,
including but not limited to the Pennsylvania Municipalities Planning Code,[1] as amended, and Chapter 190, Subdivision and Land Development, as amended, shall be controlling.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Amended 9-8-1997 by Ord. No. 3-1997]
A.
Any person who violates or permits the violation of any
provision of this article shall, upon being found liable thereof in a criminal
enforcement proceeding, pay a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees, and may be incarcerated for a period not exceeding
90 days for each and every violation. Such fine, costs, attorneys' fees, and
incarceration, after being reduced to a final, unappealed judgment, shall
be enforced by the Township pursuant to the applicable Rules of Criminal Procedure.
Each twenty-four-hour period during which failure to comply continues shall
constitute a separate violation.[1]
B.
The Township Code Enforcement Officer shall initiate
criminal enforcement proceedings in order to achieve compliance with this
article.
