Township of West Hanover, PA
Dauphin County
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Table of Contents
Table of Contents
[Adopted 10-4-2004 by Ord. No. 2004-13]

§ 170-18 Definitions.

[Added 9-15-2008 by Ord. No. 2008-13[1]]
The following words, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
BALLAST
Coarse gravel or crushed rock laid at an exit or entrance to a construction site to form a bed that assists in jarring loose and removing mud, dirt and debris from a construction vehicle's tires.
CONSTRUCTION SITE
A parcel or portion thereof where any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, streets, or other paving, utilities, filling, grading, excavation, mining, dredging, drilling operations.
STREET
The entire right-of-way of a public street, public highway, public alley, public way, public road or public easement within the Township.
TOWNSHIP
The Township of West Hanover, Dauphin County, Pennsylvania, a municipality acting by and through its Board of Supervisors or, in appropriate cases, acting by and through its authorized representatives.
[1]
Editor's Note: This ordinance also provided for the renumbering of former §§ 170-18 through 170-32 to §§ 170-19 through 170-33, respectively.

§ 170-19 Repairing damage and removal of debris.

A. 
Any development, forestry, construction or earthmoving activities being undertaken on any lot in West Hanover Township must be accomplished without damage to any abutting Township street. Equipment must be unloaded and loaded on the lot when possible. No tracked equipment may be driven on Township streets without prior written approval from the Roadmaster. Any damage to the pavement, curbing or shoulders of a Township street caused by the parking or movement of construction equipment or trucks must be restored by the property owner or contactor at his expense. Damage shall include, but shall not be limited to, oil spills and the scarring or breakage of the pavement and curbing. The area damaged must be cut out and replaced in accordance with Township street specifications.
B. 
All earth, gravel and/or debris dragged onto any public street in the Township, or any private street under construction and intended to be dedicated to the Township, from vehicles and equipment moving in and out of a lot under construction or excavation must be removed and cleaned from the street cartway and berm by the property owner or contractor as may be necessary during construction and/or before the end of each workday.
[Amended 9-15-2008 by Ord. No. 2008-13]
C. 
Construction vehicles or other vehicles entering and exiting a construction site shall not transfer mud, dirt and similar construction debris onto any and all streets. Construction site entrances and exits where mud, dirt and similar construction debris is being generated shall have sufficient ballast installed at the location of each site entrance and/or exit.
[Added 9-15-2008 by Ord. No. 2008-13]

§ 170-20 Public nuisance.

A. 
The violation of any provision of this article is hereby deemed a public nuisance.
B. 
Each day past the notification of violation that a violation continues shall constitute a separate violation.

§ 170-21 Outrigger protection.

Except for emergency vehicles, all backhoes, cranes, elevating platforms and other vehicles operating on public roads with outrigger or jack-type supports shall have boards or other materials inserted between such supports and the pavement of any public road to prevent scarring, depressions and other damage to the pavement.

§ 170-22 Enforcement.

The Township Roadmaster, Township Engineer and Township Code Official or other qualified persons designated by the Township are authorized to conduct inspections regarding road damage and compliance with this article.

§ 170-23 Right of entry.

A. 
Upon presentation of proper credentials, duly authorized representatives of the Township may enter at reasonable times upon any property within the Township to inspect the nature of any development, forestry, construction or excavation activities being undertaken on a lot and to determine the source of cause to damage to any abutting Township street, conditions, or operation and maintenance of the project in response to a complaint and in regard to any aspect governed by this article.
B. 
Property owners and contractor operators shall allow Township officials ready access to all parts of the premises for the purposes of determining compliance with this article.
C. 
Unreasonable delays in allowing the Township access is a violation of this article.

§ 170-24 Inspections.

A. 
The Township Roadmaster, Zoning Officer and Township Engineer normally ensure compliance of all activities within the public road system of West Hanover Township, including any permits issued for access, road excavation and stormwater management, etc. The Township and its designees may inspect any and all phases of the construction, operations, safety, maintenance and any other impacts to public roads appurtenant facilities as they may relate to this article.
B. 
Periodic inspections may be made at any time by the Township or designee where construction is occurring on a lot on a Township street.
C. 
If the Township or its designee determines that development, forestry, construction or excavations being undertaken on a lot in West Hanover Township are not being implemented in accordance with this article, the Township may suspend or revoke any existing permits or other approvals until the deficiencies are corrected.

§ 170-25 Notification of violation.

A. 
Whenever the Township finds that a person has caused damage to a public street from development, forestry, construction or excavations being undertaken on a lot and failed to meet a requirement of this article, the Township may order compliance by verbal request from the field and/or written notice to the responsible person. Such notice may require without limitation any of the following:
(1) 
The elimination of prohibited damage from the public street.
(2) 
Cessation of any violating activity, practices, or operations causing the damage.
(3) 
The abatement or remediation of street damage and safety hazards and the restoration of any affected street.
(4) 
Submission of a Township road cut permit in a accordance with the provisions of this article.
(5) 
Providing separate financial security in an amount determined by the Township Engineer to ensure the public street is protected from damage and properly restored.
(6) 
Payment of a fine to cover administrative and remediation costs.
B. 
Written notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violations(s). Said notice may further advise that, if applicable, should the violator fail to take the required action within the established deadline, the work will be done by the Township or designee, and the expense thereof shall be charged to the violator.
C. 
Failure to comply within the time specified shall also subject such person to the penalty provisions of this article. All such penalties shall be deemed cumulative and shall not prevent the Township from pursuing any and all other remedies available in law or equity.

§ 170-26 Suspension and revocation of permits and approvals.

A. 
Any building, land development or other permit or approval issued by the Township may be suspended or revoked by the Township for the following reasons:
(1) 
A violation of any provision of this article; or
(2) 
The creation of any condition or the commission of any road damage during development, forestry, construction or excavations being undertaken on any lot in West Hanover Township which constitutes or creates a hazard or nuisance, pollution or which endangers public safety.
B. 
A suspended permit or approval shall be reinstated by the Township when:
(1) 
The Roadmaster, Township Engineer, Code Official or designee has inspected and approved the corrections to the public street, or the elimination of the hazard or nuisance; and/or
(2) 
The Township is satisfied that the violation of ordinance, law, or rule and regulation has been corrected.
C. 
A permit or approval which has been revoked by the Township cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this article.
D. 
Occupancy permits. An occupancy permit shall not be issued unless the certification of compliance has been secured. The occupancy permit shall be required for each lot owner and/or developer for all subdivisions and land development in the Township.

§ 170-27 Violations and penalties.

A. 
Any person, firm, corporation or utility who violates any provision of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine for each such violation in an amount not less than $750 and not more than $1,000, plus all court costs, including reasonable attorney's fees, incurred by the Township. Each day that the violation continues shall be a separate offense. No judgment shall be imposed until the data of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure.
B. 
In addition, the Township, through its Solicitor, may institute injunctive, mandamus or any other appropriate action or proceeding at law or in equity for the enforcement of this article. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.