[Adopted 10-4-2004 by Ord. No. 2004-13]
[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:
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.
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.
The entire right-of-way of a public street, public highway,
public alley, public way, public road or public easement within the
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.
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]
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.
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.
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.
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.
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.
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:
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.
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.
