[HISTORY: Adopted by the Board of Supervisors
of the Township of Hanover as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-29-1974 by Ord. No. 74-3]
[Amended 2-12-2002 by Ord. No. 02-01]
In Hanover Township, in accordance with the
provisions of 53 P.S. § 67322 of the Second Class Township
Code, as amended, 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.
[Amended 2-12-2002 by Ord. No. 02-01]
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 three 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.
[Added 6-22-2010 by Ord. No. 10-03]
A.
The work authorized by a permit shall be done at such time and in
such a manner as shall be consistent with the safety of the public
and shall conform to all requirements and standards of the Township.
If at any time it shall be found by the Township Manager, Director
of Public Works, Road Superintendent or Township Engineer that the
work is not being done or has not been properly performed, the permit
holder, upon being notified by the Township Manager, Director of Public
Works, Road Superintendent or Township Engineer, shall immediately
take the necessary steps at its own expense toward placing the work
in condition to conform to said requirements and standards.
B.
In the event of willful failure or neglect by the permit holder to
perform and comply with the conditions, restrictions and provisions
of these regulations, the Township Manager, Director of Public Works,
Road Superintendent or Township Engineer may revoke and annul the
street opening permit so issued and direct the permit holder and/or
its contractor to remove any or all structures or property belonging
to said permit holder from the legal limits of the highway right-of-way.
C.
The issuing of a street opening permit does not relieve the permit
holder from obtaining any consent otherwise required from the owner
or owners of the abutting property and does not confer upon the permit
holder the right to cut, remove or destroy trees or shrubbery within
the legal limits of the highway, except under such conditions, restrictions
and regulations as the Township prescribes. It shall also be the responsibility
of the permit holder to contact local utility companies in regards
to the location of utility lines within the proposed excavation area.
D.
The permit holder shall at all times be responsible for any and all
subcontractors and employees working on a project and shall see that
such contractors abide by all regulations contained herein.
E.
The street opening permit shall be on the job site at all times.
F.
Any work done under street opening permit shall be subject to the
conditions, restrictions and provisions of these regulations which
shall govern all excavations, opening and trenches for the propose
of making repairs to or placing any poles, conduits, water, steam,
gas pipes, sewers or other structures or cables erected in or on a
highway right-of-way in the Township
[Added 6-22-2010 by Ord. No. 10-03]
A.
Traffic control for work authorized under a street opening permit
must be carried out in accordance with the requirements of the Township.
In this connection, the permit holder shall use due diligence in the
execution of the work authorized in order not to obstruct unnecessarily
or endanger travel along said highways. All safety provisions for
the free movement of traffic shall be provided by the permit holder.
B.
Warning signs and reflectorized barricades with flashing lights shall
be placed so as to alert pedestrians and motor vehicles of any open
trench or hole in the highway right-of way and shall be maintained
by the permit holder during the course of the permit work. All warning
devices and the placement of such devices shall conform to Federal,
State and Township standards.
C.
The permit holder shall make every effort to provide a throughway
on the street where he is working and not impede the flow of traffic.
If a street must be blocked off entirely during permit work, such
work shall be completed that same day, or else plates or bridging
will be required to cover the opening until work is resumed the next
working day. The plate or bridging shall be extended a minimum of
18 inches on each side of the opening and secured to the adjacent
roadway. Any restrictions which might impede the passage of fire or
other emergency vehicles shall be reported to the Northampton County
911 Center, Colonial Regional Police Department and Hanover Township
Volunteer Fire Company #1 before such restriction is in effect and
again when it is removed.
D.
The contractor is required to leave with Colonial Regional Police
Department and Hanover Township Public Works Department a list of
names of persons to be contacted in case of an emergency. This is
to be done before the work commences.
[Added 6-22-2010 by Ord. No. 10-03]
A.
Upon issuance of a street opening permit, work must be started within
24 hours of the time stated on the permit, unless prior notice is
given to the Township Manager, Director of Public Works, Road Superintendent
or Township Engineer of good and valid reason for delay.
B.
If work is stopped on a project for any reason other than by order
of the Township Manager, Director of Public Works, Road Superintendent
or Township Engineer, and in the Township Manager's, Director of Public
Works', Road Superintendent's or Township Engineer's opinion the trench
remains open for an unreasonable length of time, he may direct the
permit holder to refill the trench and cease work until such time
as the permit holder is prepared to proceed with the work until completion.
If the permit holder fails to comply with such a request, the Township
Manager, Director of Public works, Road Superintendent or Township
Engineer may perform the necessary work subject to reimbursement from
the permit holder and loss of permit.
C.
The permit shall be good for 180 days after date of issue, unless
granted an extension by the Township Manager, Director of Public Works,
Road Superintendent or Township Engineer. If the permit expires without
having an extension being granted, a new one must be obtained.
[Added 6-22-2010 by Ord. No. 10-03]
A.
All excavations in the street shall be cut square and no larger than
necessary to complete the proposed work.
B.
To protect the highway surface or pavement, the permit holder shall
not use any equipment not approved of by the Township Manager, Director
of Public Works, Road Superintendent or Township Engineer. Such equipment
shall have rubber runners or wheels. In the event that other than
rubber-equipped machinery is used, the pavement shall be protected
by the use of heavy rubber or similar matting which shall be a minimum
of four inches wider on each side than the tracks or wheels of the
equipment used.
C.
After each and every excavation in any highway right-of-way incident
to the erection, repair, resetting of any manholes, conduits, water,
steam, oil, gas lines, sewers or any other construction the permit
holder shall, under the supervision and direction of the Township
Manager, Director of Public Works, Road Superintendent or Township
Engineer restore the highway to a condition conforming to specifications
of the Township.
D.
The permit holder is responsible for all costs and expenses of making
and maintaining immediate temporary or permanent restoration of disturbed
areas. Temporary restoration shall consist of backfilling and of topping
with a minimum of a four-inch thickness of a suitable cold patching
material or BCBC as specified for permanent restoration or of covering
with steel plates attached to the roadway. Unsurfaced fill shall not
be left unprotected. The permit holder shall make permanent restoration
as required by the Township Manger, Director of Public Works, Road
Superintendent or Township Engineer of such areas and be responsible
for any subsequent failure of the surface during a period of two years
following completion of the permanent restoration work.
E.
Local material excavated from the trench may be used for backfill,
if the material complies with PennDOT Specifications for Embankment
Material, and is mechanically compacted in four-inch layers to within
27 1/2 inches of final grade. The next 18 inches shall be of
PennDOT 2A course aggregate mechanically compacted in four-inch layers.
An eight-inch layer placed and compacted in four-inch layers shall
then be placed consisting of Superpave asphalt mixture design, HMA
base course, PG 64-22, 25 mm mix. The ESAL specification shall be
governed by the determination of trucks per day on the affected roadway.
This shall be topped with a one and one-half-inch minimum layer of
Superpave asphalt mixture design, HMA wearing course, PG 64-22, 9.5
mm mix. The EALS and SRL specification shall be governed by the total
traffic volume on the affected roadway. The mixture design shall be
submitted to and approved by the Township prior to the start of the
paving. All joints shall be sealed with bituminous material conforming
to PennDOT specifications and immediately covered with dry sand.
G.
All excess excavated material shall be removed and disposed of outside
the legal limits of the highways as the work progresses, unless the
approval of the Township Manager, Director of Public Works, Road Superintendent
or Township Engineer is obtained for disposal of the material within
the legal limits of the highway. All parts of the highway right-of-way
disturbed shall be restored to a condition equal to or better than
that which existed before starting the work.
H.
Where a drain or other structure or facility is encountered, it shall
be restored or replaced by the permit holder in accordance with the
prevailing standards of the Township.
I.
If the permittee and/or its contractor, after making an opening in
the highway or alley to place or repair pipes or for any other purpose,
fails to restore any portion of the highway right-of-way to conform
with specifications of the Township, the Township Manager, Director
of Public Works, Road Superintendent or Township Engineer reserves
the right to do work and bill the permittee for the cost of the restoration.
J.
If at any time the ditch or trench shall become a hazard from any
cause whatsoever, the permit holder shall have the same repaired within
24 hours after notification by the Township Manager, Director of Public
Works, Road Superintendent or Township Engineer.
K.
The permit holder covenants and agrees to fully indemnify and save
harmless the Township of and from all liability for damages and/or
injury occurring to any person or persons or property at or on highway
rights-of-way through or in consequence of any act or omission of
any contractor or person engaged or employed in, about or upon said
work by, at the instance, or with the approval or consent of the permit
holder, or from the failure of the permit holder and/or its contractor
to comply with the provisions for maintenance set forth in these regulations.
[Added 6-22-2010 by Ord. No. 10-03]
All work authorized under an issued permit and all street restoration
work is subject to inspection and approval by the Township Manager,
Director of Public Works, Road Superintendent or Township Engineer.
Upon completion of the work, the applicant shall
give written notice thereof to the Township.
[Amended 2-12-2002 by Ord. No. 02-01]
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 fails to rectify a 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 impose upon the applicant the
cost thereof, together with an additional 20% of such cost.
[Amended 2-12-2002 by Ord. No. 02-01]
Any person who violates or permits a violation
of this article 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 less than $100 nor 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 article
that is violated shall also constitute a separate offense.
[Adopted 10-24-1989 by Ord. No. 89-4]
This article shall be known as the "General
Curb and Sidewalk Ordinance."
Sidewalks and/or curbs shall be required abutting
all properties which fall into one of the following categories:
A.
Located on arterial and collector streets in or adjacent
to all subdivisions as shown on the Official Township Map in effect,
as of the effective date of this article.
B.
Multifamily residential.
C.
Shopping centers, service commercial, commercial center.
D.
Industrial parks.
E.
Mobile home parks.
F.
Research and development institutes, office and institutional.
[Amended 2-12-2002 by Ord. No. 02-01]
G.
Motels.
H.
Schools.
[Amended 2-12-2002 by Ord. No. 02-01]
If the construction of curb or sidewalk is required
by the Supervisors on the basis of reducing danger to the traveling
public pursuant to 53 P.S. § 67401(c)(4) of the Second Class
Township Code, the work shall be undertaken with Township forces or
let to a contractor and paid for from the general funds of the Township.
[Amended 2-12-2002 by Ord. No. 02-01]
If the construction of sidewalk and/or curb
is required pursuant to the provisions of 53 P.S. § 67401(c)(1),
(2) or (3) of the Second Class Township Code, as amended, the cost
and expenses of construction shall be assessed against the abutting
property owners as provided in Article XXIV of the Second Class Township
Code, as amended, provided, however, that no such action may be taken
by the Board of Supervisors of Hanover Township, Northampton County,
Pennsylvania, to require construction unless a duly advertised public
meeting shall have been held within the previous 60 days to solicit
Hanover Township citizen comments.
[Amended 2-12-2002 by Ord. No. 02-01]
Whenever action is taken by the Board of Supervisors
of Hanover Township, Northampton County, Pennsylvania, to require
new curb and/or sidewalk construction, 60 days' written notice shall
be given to the owners of properties abutting the curb or sidewalk
to construct curb and/or sidewalk in accordance with the line and
grade established by the Township Engineer and the Board of Supervisors
of Hanover Township, Northampton County, Pennsylvania, under the authority
of 53 P.S. § 67401 of the Second Class Township Code, and
in accordance with Township construction standards.
The property owners, after notification as provided in § 155-11 hereof, shall obtain the line and grade from the Township Engineer and pay to the Township's Secretary-Treasurer whatever fee is required by the Township's Schedule of Fees, which shall be adopted by resolution of the Board of Supervisors of Hanover Township from time to time.
[Amended 2-12-2002 by Ord. No. 02-01]
Upon failure of the property owner to complete
the sidewalk or curb within a period of 60 days after the receipt
of the notice therefor, the Township may construct such curb and/or
sidewalk and assess the costs against the property owners as provided
in 53 P.S. § 67401 of the Second Class Township Code, as
amended.
Where curbs and/or sidewalks have been constructed
pursuant to any of the regulations provided herein, the abutting property
owner shall be responsible for:
A.
Repair, maintenance and replacement, if necessary,
of the curb and/or sidewalk.
B.
Keeping sidewalk clear of dust, debris and leaves.
C.
Clearing sidewalk of snow and ice as hereinafter provided:
(1)
Within 36 hours of the termination of any fall of
snow or accumulation of ice, a path must be cleared through a sidewalk
allowing pedestrians to safely pass;
(2)
Within 48 hours of the termination of the Township's
snow removal operations, the entire width and length of the sidewalk
must be cleared; and
(3)
If the fall of snow exceeds six inches, or the natural
accumulation of ice exceeds one inch, the Township Manager may, by
public announcement or other appropriate notice to residents of the
Township, set such longer period as may be appropriate for the clearing
of said snow.
D.
Deposit
of snow on streets and fire hydrants prohibited. No person or entity
owning, controlling or occupying any property adjoining or fronting
upon any Township street shall allow or permit snow or ice to be thrown
or placed on Township streets after or during periods of snow. Fire
hydrants shall not be covered with snow or ice.
[Added 3-23-2021 by Ord. No. 21-2]
E.
Fire hydrants
to be kept clear. Any person upon whose property a fire hydrant is
located shall, within 12 hours of a snowfall, clean the fire hydrants,
and the area immediately adjacent, of snow and ice.
[Added 3-23-2021 by Ord. No. 21-2]
[1]
Editor's Note: This ordinance also provided
that it shall be effective on 10-1-2009.
[Added 2-12-2002 by Ord. No. 02-01;
amended 3-23-2021 by Ord. No. 21-2]
A.
Any person who violates or permits a violation of Article II, §§ 155-8 to 155-14A, B, and C, 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 less than $100 nor 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 article that is violated shall also constitute a separate offense.
B.
Any person who violates any provision of Article II, § 155-14D and E, shall be subject to the following penalties:
(1)
First
violation: upon conviction in a summary proceeding brought before
a District Judge under the Pennsylvania Rules of Criminal Procedure,
shall be guilty of a summary offense punishable by a fine of $50 or
30 days' imprisonment, or both.
(2)
Second
violation: upon conviction in a summary proceeding brought before
a District Judge under the Pennsylvania Rules of Criminal Procedure,
shall be guilty of a summary offense punishable by a fine of $150
or 60 days' imprisonment, or both.
(3)
Third
and each subsequent violation: upon conviction in a summary proceeding
brought before a District Judge under the Pennsylvania Rules of Criminal
Procedure, shall be guilty of a summary offense punishable by a fine
of $ 300 or 90 days' imprisonment, or both.
(4)
Multiple
violations: Each day or portion thereof that such violation continues
or is permitted to continue shall constitute a separate offense, and
each section of this article that is violated shall also constitute
a separate offense.
