[Adopted 11-25-1996 by Ord. No. 252]
A.
It is the purpose of this Part 1 to:
(1)
Assure that there are no impediments to the effective
and efficient removal of snow from the public right-of-way by the
Township Public Works Department during inclement weather;
(2)
Control the free flow of surface water away from road
surfaces;
(3)
Control or prohibit structures or uses on the township
right-of-way which create hazards to pedestrian or motor vehicle traffic
and/or endanger township employees or equipment while performing their
duties; and
(4)
Ensure the unobstructed and speedy access to public
utilities located within the township right-of-way for repair or relocation.
B.
To that end, it is the intent of the Board of Supervisors
that any interpretation of this Part 1 be so construed to carry out
the above-stated purposes. Further, the provisions of this Part 1
are not intended to interfere with, abrogate or annul other rules,
regulations or ordinances, provided that where this Part 1 imposes
a greater restriction than that imposed by such other rules, easements,
covenants, restrictions, regulations or ordinances, the provisions
of this Part 1 shall control.
The following words shall have the meaning as
set forth below in the interpretation of this Part 1:
Written authorization by the Public Works Director or his
designee.
An official document or certificate issued by the Codes Enforcement
Officer or agency appointed by the township authorizing the construction
of the specific structure or performance of the specific activity.
Any individual, partnership, association, syndicate, company,
firm, trust, corporation or other entity recognized by law as the
subject of rights and duties, including any governmental agency.
Land dedicated and publicly owned for use as a street, alley,
crosswalk or utility installation.
Anything constructed or erected that requires location in
or on the ground or attachment to something having location in or
on the ground.
A.
Except as excluded by the express terms of this Part
1, no driveway may be constructed, no structure may be placed or no
use may be made near or adjacent to the township right-of-way without
a permit issued by the Codes Office.
B.
Any fee for issuance of the permit shall be established
by the Board of Supervisors, by resolution.
C.
Any permit issued pursuant to this Part 1 shall require
the written approval of the Public Works Director to determine if
the purposes of this Part 1 are fulfilled.
D.
The application to be submitted and the permit form
to be issued shall be drafted by the Codes Officer in cooperation
with the Public Works Director and be approved by the Board of Supervisors,
by resolution.
After the effective date of this Part 1, it
shall be unlawful to do the following activities in Richland Township:
A.
Construct a driveway without a duly issued permit.
B.
Use the public right-of-way for servicing vehicles,
displays or conducting a private business.
C.
Fail to keep the area between the edge of the pavement
and the public right-of-way line clear of all fences, pillars, walls,
chains, pipes, bumps, bars, sales exhibits, business signs, lawn decorations,
service equipment, gates, railroad ties, stairs, private sidewalks,
walkways or other similar items or structures not approved, excluding,
however, traffic signs, driveway reflectors not to exceed two in number
or any structures not subject to local regulation by any state or
federal law or regulation.
D.
Deposit, push or excavate dirt, debris, mud or any
combination thereof onto the public right-of-way.
E.
Damage, deface and/or remove traffic signs, curbing,
culverts, piping, roadway surface or other township property.
F.
Damage, construct, reconstruct or divert any drain
or ditch without the approval of the Public Works Director.
G.
Stop or obstruct any public road in the township in
violation of the provisions of Work Zone Traffic Control Publication
Number 203 issued by the Pennsylvania Department of Transportation,
as amended, which is incorporated herein by reference.
H.
Permit stormwater or groundwater from foundations,
roofs or surface drainage systems, or any other similar items, or
natural springs or waterways emanating from the property, to flow
or discharge onto the public right-of-way at a detrimental rate or
cause soil erosion, a hazard or a public nuisance.
I.
Deposit or place any debris or other material whatsoever,
or cause such to be thrown or placed, in any drainage ditch or drainage
structure in such a manner as to obstruct the free flow of water.
J.
Construct mailbox supports of concrete, brick or stone.
K.
Construct a driveway of paver brick, concrete or other
decorative stone that is within five feet of the paved cartway. It
shall be required that the five-foot area within which no paver brick,
concrete or other decorative stone be installed be paved with macadam.
L.
Permit a fence or structure to be constructed or maintained
or any shrubbery vegetation, plant or other similar obstruction, or
any part thereof, to be planted or maintained within the township
in any manner or at a location which creates a traffic hazard by impairing
visibility from or of a public highway.
M.
Maintain a hazardous condition in a driveway, curb
cut or similar area.
N.
Install drainage or driveway pipes of less than 12
inches in diameter or of such a size and type as directed and approved
by the Public Works Director.
O.
Fail to maintain a driveway pipe in a proper state
of repair, free of obstruction.
P.
Permit shrubbery, vegetation, trees, branches, plants
or other similar obstruction, or parts thereof, to obstruct fire hydrants,
stop signs, street signs, traffic signs or other similar items.
Q.
Permit shrubbery, vegetation, tree branches, plants
or other similar obstructions to interfere with public travel.
R.
Fail to maintain free of hazardous conditions and
to keep in a proper state of repair all driveways, parking spaces
and similar areas.
S.
Install stormwater drainage pipes between the edge
of the pavement and the public right-of-way without the approval of
the Public Works Director.
T.
Connect to a stormwater system without the approval
of or in a manner not approved by the Public Works Director.
After the effective date of this Part 1, it
shall be unlawful to do the following activities in Richland Township
with regard to snow removal:
A.
No snow, ice, slush or a combination thereof shall
be pushed or deposited across and/or onto any public highway.
B.
No snow, ice, slush or a combination thereof shall
be pushed or deposited into any drainage area, stream, river, culvert
or catch basin.
C.
No snow, ice, slush or a combination thereof shall
be deposited, pushed or maintained within a commercial, manufacturing,
light industrial or multiple-family zoning district parking facility
or at or near an intersection in any zoning district, in a manner
or at a location which creates a traffic hazard by impairing visibility
from or of a public highway.
D.
No person shall damage any township property, including
but not limited to traffic signs, culverts, etc., while removing snow,
ice, slush or a combination thereof. Any damage to township property
shall be repaired or replaced in accordance with the requirements
of the township at the expense of the property owner and/or snow removal
agency.
Notwithstanding any prior approval of the township
for the location of any structure on the township right-of-way, any
damages incurred to the structure or costs incurred to remove said
structure, including those existing prior to the effective date of
this Part 1, caused or necessitated by snow removal, or the need to
access public utilities located within the right-of-way of the township,
shall be at the sole cost and expense of the property owner. When
time permits, the property owner shall be given a reasonable period
of time to remove the structure, obstruction or use. In emergency
situations, when insufficient time exists to permit the removal or
relocation of the structure, obstruction or use by the property owner,
the township, municipal authority or appropriate public utility may
remove the structure, obstruction or use and impose the costs on the
property owner and collect said costs as permitted by law.
Except for § 212-5, which shall be governed by § 212-11B, any person who violates any of the provisions of this Part 1, or any permit or approval given hereunder, shall be given written notice by the township by personal service or certified mail sent to the address of the property owner listed on the tax assessment records of Cambria County, Pennsylvania. Such notice shall set forth the violation with specificity and the time during which the violation is to be abated. Said notice shall also advise the property owner of appeal rights pursuant to Chapter 6, Administrative Board of Appeals, as amended.
Except for any violation of § 212-5, which shall be governed by § 212-11B, any person aggrieved by any decision or interpretation rendered pursuant to this Part 1 may, within 30 days of receipt of such notice or interpretation, appeal to the Richland Township Administrative Board of Appeals pursuant to the provisions of Chapter 6, Administrative Board of Appeals, as amended.
Upon the recommendations of the Public Works
Director and the Codes Enforcement Officers, the Board of Supervisors
may adopt, by resolution, rules and regulations to carry out the intent
of this Part 1.
In case any structure is erected, constructed,
reconstructed, altered, repaired or maintained or any structure, or
land as used, or any hedge, tree, shrub or other growth is maintained
in violation of this Part 1, or any rules or regulations made pursuant
thereto, the proper township authorities, in addition to other remedies
provided by law, may institute any appropriate action or proceedings
to prevent such unlawful erection, construction, reconstruction, alteration,
repair, maintenance or use, to restrain, correct or abate such violation,
to prevent the use of said structure or land or to prevent any illegal
act, conduct, business or use in or about such premises.
[Amended 1-4-2000 by Ord. No. 272]
A.
For any and every violation of the provisions of § 212-4 of this Part 1, or the terms of any permit issued or regulations or rules promulgated pursuant thereto, the owner, general agent or contractor of a structure or premises where such violation has been committed or shall exist, and the owner, general agent, contractor, lessee or tenant of any part of a building or structure in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who knowingly commits, takes part or assists in such violation, or who maintains any structure or premises in which such violation shall exist, shall, upon being found liable therefor in a civil enforcement proceeding commenced in the name of Richland Township, pay a judgment of not more than $600 plus all court costs, including reasonable attorney's fees, incurred by Richland 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 a District Justice. If the defendant neither pays nor timely appeals the judgment, Richland Township 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 violating this Part 1 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's fees collected for the violation of this Part 1 shall be paid over to Richland Township.
B.
Any person who violates or permits a violation of this Part 1 shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this Part 1 that is violated shall also constitute a separate offense.
