[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Allen as indicated in article histories. Amendments noted where applicable.]
Fees — See Ch. A250.
[Adopted 6-19-2019 by Ord. No. 786]
Editor’s Note: This ordinance also repealed former Art. I, Street Openings and Excavations, adopted 9-7-2016 by Ord. No. 786, as amended.
As used in this article, the following terms shall have the meanings indicated:
- Any person who applies for a permit.
- CODE ENFORCEMENT OFFICER
- The Code Enforcement Officer of the Township or his/her authorized representative.
- The Commonwealth of Pennsylvania.
- The duly appointed Township Engineer of the Township or his/her authorized representative.
- Any activity within the right-of-way of any street or public way which involves cutting, breaking, drilling, grading, digging, scooping or removing earth or other material, or disturbing the surface thereof. In this article, "open" shall have essentially the same meaning as excavation.
- To cut, drill, dig or otherwise penetrate through the surface of any street, including boring underneath any street.
- Includes any natural person, partnership, firm, association, organization, company, corporation, or municipality.
- Any public street, avenue, road, square, alley, lane, court, cul-de-sac, public way, public square, highway or other public place located in the Township and established for the use of vehicles.
- The Township of Upper Allen, Cumberland County, Pennsylvania.
In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to open or to make any excavation of any kind in any of the streets or the street right-of-way in the Township without first securing a permit therefor from the Township and satisfying the other applicable requirements consistent with the regulations as hereinafter provided.
No permit for opening or excavating in a street for the purpose of laying, constructing, extending, replacing, or relocating a water line, gas line, sanitary sewer line, storm sewer line, electrical or communication cable or conduit or other similar facility shall be issued until a plan showing the proposed location thereof has been approved by the Code Enforcement Officer. Such a permit, when issued, shall require the applicant to furnish, upon completion of the work, as-built plans showing the exact location of the facilities. The furnishing of such plans shall be a condition of the bond required under § 217-10 hereof.
Any person desiring to open or excavate in any street in the Township shall file an application with the Code Enforcement Officer on forms provided by the Township. Such application shall contain the following information:
The name and address of the applicant.
The exact location of the proposed opening or excavation.
The approximate size and depth of the proposed opening or excavation.
The proposed dates and times of commencing and completing the work, and proposed date of completion for any permanent patches or overlay paving as required herein.
The method and progression of performing the work.
The purpose of the proposed opening or excavation.
Such other information as the Code Enforcement Officer may deem pertinent.
Such application shall contain a statement, which shall be subscribed to by the applicant, to the effect that the applicant will comply with all relevant ordinances of the Township (including this article) and laws of the Commonwealth of Pennsylvania and that the applicant will protect and save harmless the Township in accordance with Subsection C.
Every person to whom a permit is issued or by whom any opening or excavation is made shall assume all risks and be liable for all injuries or damages occasioned by the opening or excavation of the street or by the failure to properly protect the same, to backfill the same, to restore the surface or to maintain the surface or by any other action or inactions in connection therewith. Such person shall indemnify and save harmless the Township, its officials and employees of and from any such liability. In addition, such person shall submit to the Code Enforcement Officer, at the time of applying for a permit, a certificate or certificates of insurance for public liability and property damage, including blasting insurance, where applicable, in the minimum coverage amount of $1,000,000. A satisfactory certificate of insurance confirming such liability insurance coverage must be filed with the Township before any work shall be commenced pursuant to the issued permit.
Upon being satisfied that the application is in proper form and upon receipt from the applicant of the fee prescribed by § 217-5 hereof, the performance bond prescribed by § 217-10 hereof and the certificates of insurance prescribed by § 217-3 hereof, the Code Enforcement Officer shall issue a permit. Permits shall be issued by the Township only to persons furnishing public utility services or the owner or owners of the real property adjoining the location where such opening or excavation is to be made. Such permit shall apply only to the specific work described in the application, shall expire on the date and time when the work is proposed to be completed and may contain such conditions or limitations as the Code Enforcement Officer deems necessary for the protection of persons and property.
Any person who receives a permit may be required, at the discretion of the Code Enforcement Officer, to provide visual proof of the condition of the street or streets subject to excavation prior to the commencement of the excavation. Proof of condition of the area subject to excavation shall be in the form of photographs or video of the entire area.
A permit may be issued to the applicant after all of the requirements therefor have been satisfied. If the application is disapproved, written notice of disapproval together with reasons therefor shall be given by the Township to the applicant.
Responsibility to contact utilities. The work authorized by any permit issued hereunder is subject to all the provisions of the Underground Utility Line Protection Law, Act of December 10, 1974, P.L. 852, No. 287, § 1 et seq., as amended or supplemented from time to time. It shall be the applicant's responsibility to contact the utilities that have recorded their facilities in compliance with said Act. A partial list of utilities providing services in the Township and their office addresses may be obtained from the Recorder of Deeds of Cumberland County, Pennsylvania. The applicant shall also be responsible for providing the serial number from the Pennsylvania One Call System to the Township.
The fee for each permit shall be as set, from time to time, by resolution of the Board of Commissioners.
In the case of any leak, explosion or other accident in any subsurface pipe, line, conduit, construction or apparatus, it shall be lawful for the person owning or responsible for such pipe, line, conduit, construction or apparatus to commence an opening or excavation to remedy such condition before securing a permit, provided that application for a permit shall be made immediately and not later than the next business day thereafter and that all other provisions of this article are fully complied with. If any such emergency condition shall not be immediately attended to by the owner or person responsible for such pipe, line, conduit, construction or apparatus, the Township, after such notice as it shall deem necessary under the circumstances of the particular case, may proceed to have the work necessary and required by such emergency done and charge the cost thereof to such owner or person.
All surface street cut openings shall be restored with a minimum patch area of 10 linear feet by the full width of the travel lane by means of milling and bituminous overlay. The patch length shall be extended to provide a minimum of one-foot cutback beyond the street opening. Restoration of the subsurface opening with bituminous base course shall be extended one foot beyond the physical opening in all directions.
When two or more transverse trench openings are made in the street pavement less than 100 feet apart, the applicant shall mill and place bituminous pavement over the entire width of the traffic lane(s) in which the openings were made for the entire length of the street between such openings.
For any case where the street cut opening extends beyond the roadway center line, the surface restoration requirements listed above shall be extended for both disturbed travel lanes.
When the opening is to be closer than three feet to the edge of the existing pavement, the opening shall be extended to the edge of pavement.
When the permitted opening is to be closer than five feet to the edge of an existing patch or patches in the pavement, the restoration shall be extended to include said patch.
When the permitted opening is located in a street 16 feet wide or less, then the applicant shall mill and place bituminous pavement over the entire width of the street for the entire length of the opening.
The overlay conditions within this section may be waived by the Board of Commissioners if the Township is scheduled to perform full road paving within the next 12 months from date of application.
The following construction requirements shall apply to all openings or excavations in streets of the Township:
Any person who shall open or excavate any street or public right-of-way area in the Township shall thoroughly and completely refill the opening or excavation in such a manner as to prevent any settling thereafter, and shall restore the surface to the same condition or better as it was before the opening or excavation. This includes any regrading and reseeding of nonpavement areas within the right-of-way.
Unless otherwise set forth in this article, all construction processes and material specifications shall be in accordance with Township Standard Construction and Material Specifications and Pennsylvania Department of Transportation Publication 408, as amended.
No work shall begin until all utility companies having facilities in the area have been notified. The work shall be conducted so as not to interfere with water mains, sewers or their connections with the house or any other subsurface lines or construction until permission of the proper authorities in connection with such subsurface lines or construction shall have been obtained. Any damage to such lines or construction shall be repaired immediately and shall be reported to the owner thereof.
The surface shall conform to the proper grade and be of the same surface covering as the part of the street immediately adjoining the opening.
Any applicant test boring or drilling into any Township street for location of leaks or venting of leaks shall be required to backfill in accordance with § 217-8L herein.
The applicant shall be responsible to replace all pavement markings that are removed or damaged. All material shall be in conformance with Township Standard Construction and Material Specifications and Pennsylvania Department of Transportation Publication 408, as amended.
Temporary paving shall be placed and maintained for a minimum of 60 days and a maximum of 120 days. Temporary paving shall be thoroughly bound and compacted, installed flush with the surface of the adjoining paving. Such temporary paving material and thicknesses shall be in accordance with Township Standard Construction and Material Specifications and Pennsylvania Department of Transportation Publication 408, as amended. An alternate temporary paving consisting of two inches of cold patch or two inches of superpave binder (19 mm) may be used on a case-by-case basis if approved by the Township. Trenches shall be restored with temporary paving at the close of each business day unless otherwise directed by the Township.
Permanent paving shall be thoroughly bound and compacted, installed flush with the surface of the adjoining paving within 10 business days after receiving authorization from the Township. Bituminous pavement material shall be placed with a paver. Application of permanent bituminous material by hand is not acceptable. Such permanent paving material and thicknesses shall be in accordance with Township Standard Construction and Material Specifications and Pennsylvania Department of Transportation Publication 408, as amended. All temporary paving material shall be removed from trenches prior to placement of the permanent paving base course.
Wherever practicable, tunneling shall be used as a construction method in preference to disturbing the surface of the street, and the Code Enforcement Officer may so specify on the permit. No tunneling shall be used unless the express direction or approval of the Code Enforcement Officer is endorsed on the permit. The backfilling of a tunnel excavation shall be made only in the presence of the Township, its engineers or inspector designated by it, and shall be done only in a method approved by the Township, its engineers or by the inspector designated by the Township.
The use of steel plates to cover open excavations shall be prohibited at all times between the dates of October 15 and April 15. Between the dates of October 15 and April 15, stone backfill shall be required. The applicant shall be responsible for maintaining the stone backfill in a manner acceptable to the Township.
Openings shall be made in the street surface by sawing to neat lines. Excavated material shall be immediately placed in trucks and removed from the construction site.
All openings or excavations shall be backfilled with PennDOT 2A modified stone aggregate compacted in maximum eight-inch layers if vibratory compaction equipment is used. Backfill stone aggregate to a level not to exceed the existing pavement depth or to a level necessary to accommodate the required bituminous pavement trench restoration section. Provide a minimum of one-foot cutbacks in existing pavement around the limits of the excavated area. The Township may require limits of cutbacks to exceed one foot at its discretion as necessary to achieve satisfactory restoration in the best interest of the Township. The bituminous pavement restoration shall consist of 1 1/2 inches of superpave wearing course, 9.5 mm and a minimum of five inches of superpave binder course, 25 mm. The depth of superpave binder course shall be increased to match the existing depth of bituminous pavement if the overall depth exceeds 6 1/2 inches. The maximum placement thickness per lift of superpave binder course, 25 mm, shall be 5 1/2 inches. Equivalent Marshall mixes may be substituted, when approved by the Township. All pavement joints shall be sealed, rubberized joint-sealing material. When wearing course is placed adjacent to curb to form bituminous gutter, seal with hot bituminous material of the class and type designated for wearing course and extend to six inches from the curb, applied evenly. The use of PG 64-22 is permitted.
No opening or excavation in any street shall extend from the curbline into the street a distance greater than one foot beyond the center line of the street before being backfilled and the surface of the street restored to a condition safe and convenient for travel.
Street shoulders shall be backed up with suitable backfill material per the Township Standard Construction and Material Specifications.
No more than 500 feet longitudinally shall be opened in any street at any one time.
Monuments of concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point or a permanent survey benchmark within the Township shall not be removed or disturbed or caused to be removed or disturbed unless permission to do so is first obtained in writing from the Township. Permission shall be granted only upon condition that the applicant shall pay all expenses incident to the proper replacement of the monument.
When the work performed by the applicant interferes with the established drainage system of any street, adequate provision shall be made by the applicant to provide proper drainage to the satisfaction of the Township.
Access to private driveways shall be provided except during working hours when construction operations prohibit provision of such access. The applicant shall be responsible for notifying property owners whose driveway access will be inhibited. Free access must be provided at all times to fire hydrants.
In the excavation or opening of any street, the applicant shall take all necessary and reasonable precautions to ensure that the street remains in a safe and passable condition for the traveling public at all times. Such precautions may include, but are not limited to the use of signs, barriers, guards, lanterns and all other warning devices sufficient to alert the traveling public of possible dangers relative to the excavation both day and night.
The applicant shall be responsible for contacting the Code Enforcement Officer to obtain all necessary inspections. Work shall not proceed until the Code Enforcement Officer has inspected and given his approval of the following work: when excavation is ready for backfilling and before backfilling is done, when backfilling work is completed, when the temporary paving has been installed and when the street is ready for permanent paving.
In the case where a bituminous pavement overlay is warranted, the applicant shall remove existing wearing surfaces by milling to a minimum depth of 1 1/2 inches to accommodate placement of a one-and-one-half-inch bituminous wearing course.
The Township will give timely notice to all persons owning property abutting on any roadway or any utilities with facilities located within the Township's public right-of-way for roads that are scheduled for improvements as part of the Township's roadway management plan. The degradation fee may be waived if the street opening or excavation work is completed at least 12 months prior to the roadway being improved.
The applicant shall maintain the portion of the street disturbed by the opening or excavation for a period of 18 months from the date the backfilling is completed at a proper grade and condition free from ridges and depressions. Such maintenance work shall be done as often as may be necessary to guarantee proper restoration of the surface and proper maintenance of the disturbed area. The applicant must deposit with the Code Enforcement Officer, prior to issuance of the permit, a bond in an amount of 110% of the cost of the improvements, with corporate surety guaranteeing the proper performance of the work and the proper maintenance of the disturbed area for the period of time required above. Utilities and other persons who open or excavate in streets on a regular basis may, with the permission of the Code Enforcement Officer, keep on deposit a single bond in an amount set by the said officer and applying to the work included in all of the permits at any time outstanding.
In the event that any work performed by or for a permit holder shall, in the opinion of the Township or its engineers, be unsatisfactory and where that work is not corrected in accordance with the Township's instructions within the time fixed by it, or in the event that the work for which the permit was granted is not completed within the time fixed by the Township, the Township may proceed to correct such unsatisfactory work or complete any such work not completed, and charge the cost of the work and materials to the applicant.
When any earth, gravel, or other excavated material is caused to roll, flow, or wash upon any street, the applicant shall cause the same to be removed from the street within 24 hours after deposit. In the event the earth, gravel or other excavated material so deposited is not removed, the Township shall cause the removal, and the cost incurred shall be paid by the applicant.
If, within 18 months after the restoration of the surface as herein provided, defects shall appear therein resulting from defective backfilling by the applicant or its contractor or otherwise related to the applicant's work, then the applicant shall reimburse the Township for the cost of all necessary repairs to the permanent paving.
Payment for all work done by the Township under the provisions hereof shall be made by the person made liable therefor within 30 days after a bill therefor is sent to such person by the Township. Upon failure to pay such charges within such time, the same shall be collectible by the Township by an action at law or in the manner provided by law for the collection of municipal claims.
All such persons and utility companies shall make all water, gas, sewer or other connections as well as any repairs thereto which would necessitate the opening or excavation of said street within 90 days from the giving of such notice, unless such time is extended, in writing, by the Engineer or Code Enforcement Officer. New paving shall not be opened for a period of five years after the completion thereof, except in case of emergency only, the existence of which emergency and the necessity for the opening of such paving to be determined by the Engineer or Code Enforcement Officer. If any person seeks to open or excavate a street within five years after the completion of the paving thereof for any reason other than an emergency as above stated, the applicant shall make written application to the Board of Township Commissioners, and a permit shall be issued only after express approval of the Board of Township Commissioners and only upon submission of the required bonding and payment of a permit fee as shall be set, from time to time, by resolution of the Board of Commissioners. The applicant will be responsible for paying 200% of the degradation fee value for opening of newly paved surfaces within the five-year period.
No new water, sewer, steam or gas main or electric, telephone or other utility line shall hereafter be laid or constructed, and no such existing main or line shall be extended, in any of the streets of the Township until the plan therefor shall have been first filed with the Township and such plan, and the exact location of such main or line, is approved by the Township. The Township shall not approve the location of any such main or line at a depth of less than 30 inches from the surface of the street unless it is clear to the Township that locating the same at a depth of more than 30 inches from the surface is impossible or impractical.
In the event any person violates the provisions of this article or the terms and conditions of any permit issued hereunder, the Code Enforcement Officer or the engineer may order a cessation of the work, order the performance of additional or corrective work by or on behalf of the applicant and at the applicant's expense, revoke the permit, institute such legal or equitable actions as may be appropriate, institute an action for the imposition of a fine under § 217-15 hereof or take such other actions as may be deemed necessary under the circumstances. The above remedies may be pursued simultaneously or consecutively. No person who has violated the provisions of this article and has failed or refused to remedy such violation shall be eligible for the issuance of any other permit hereunder until such violation has been remedied.
Any person, whether as principal, agent or employee, who shall violate or assist in the violation of any of the provisions of this article shall, upon conviction thereof before a District Justice, pay a fine of not more than $1,000 and in default of the payment of such fine and the costs of prosecution shall be sentenced to not more than 30 days' imprisonment in the Cumberland County Jail.
[Adopted 8-18-2010 by Ord. No. 678; amended in its entirety 12-18-2019 by Ord. No. 790]
As used in this article, the following terms shall have the meanings indicated:
- Includes any natural person, partnership, association, firm or corporation. The singular shall include the plural, and the plural shall include the singular. The masculine shall include the feminine and the neuter.
It shall be the duty of every property owner in Upper Allen Township, at his own expense, within 30 days after notice from the Board of Commissioners, to construct, reconstruct or repair, as such notice shall require, a sidewalk and/or curb, which shall conform to all the applicable provisions of this article, in front of and/or alongside such property.
Every sidewalk, curb and driveway shall be constructed, reconstructed and repaired strictly in accordance with the provisions of this article and in conformity with the lines and grades shown on the official street plans as approved by the Board of Commissioners. All public areas shall be designed barrier free in accordance with applicable federal and state standards, including but not limited to the Rehabilitation Act and Americans with Disabilities Act.
In the construction, reconstruction and repair of sidewalks, the following specifications and requirements shall apply:
Sidewalks shall be constructed in accordance with the requirements of the Township Standard Construction and Material Specifications, as amended.
Modification to the sidewalk requirements and specifications may be approved by the Board of Commissioners.
Sidewalks located within the public right-of-way are defined as "deteriorated" and subject to a repair notice from the Township requiring replacement of the damaged section if the sidewalk contains any of the following:
A horizontal gap between individual sidewalk sections of one inch or more.
Adjoining sections or portions thereof whose edges differ vertically by more than 1/4 inch.
Ramping, where there is a rise or depression of more than one inch within eight inches in conjunction with a vertical separation.
A hole or opening in the concrete of 3/4 inch or more.
Cracks of more than 1/8 inch in width.
Spalling of concrete with a minimum depth of more than 1/4 inch or where 25% of the surface area of an individual sidewalk section has any spalling, cracking, or irregular surfaces.
Depressions, reverse cross slopes (sloping away from the street), or with an adjoining wall or other indentations that collect mud or water.
Sidewalks that have been repaired with bituminous material patching.
Any other condition determined by the Township that creates a hazardous condition for pedestrian traffic.
In the construction, reconstruction and repair of curbing, the following specifications and requirements shall apply:
Curbs shall be constructed in accordance with the requirements of the Township Standard Construction and Material Specifications, as amended.
Curb radius shall be as shown on the plans and profiles.
Modifications to the curb requirements and specifications may be approved by the Board of Commissioners.
Curbs located within the public right-of-way are defined as "deteriorated" and subject to a repair notice from the Township requiring replacement or repair of the damaged section if the curb contains any of the following:
Less than four inches of exposed vertical facing on the public street.
Material (asphalt, concrete, mortar, etc.) added to the gutter so as to impede normal drainage flow.
A horizontal gap between individual curb sections of one inch or more.
Adjoining sections or portions thereof whose edges differ vertically by more than 1/2 inch.
Horizontal cracks causing spalling or the breaking away of the curb section.
Vertical face of curb that has an offset angle to the public street of less than 85° or greater than 110°.
In the construction, reconstruction and repair of driveways, the following specifications and requirements shall apply:
Every driveway shall be constructed of plain cement concrete, Class A, conforming to the requirements of the Township Standard Construction and Material Specifications, as amended, wherever the sidewalk crosses and shall be of a minimum depth of six inches.
Driveways shall be placed on an approved subgrade.
Every driveway shall be in accordance with the Upper Allen Township Zoning and Subdivision Land Development Ordinances, as amended.
It shall be the duty and responsibility of the Township Engineer or Township Manager or the designee of either to determine, in the case of any individual sidewalk, curb or driveway, whether the same shall be reconstructed or repaired and, if so, the specific part or parts thereof to be reconstructed or repaired, as the case may be.
Any property owner, upon his own initiative and without notice from the Township, may reconstruct or repair the sidewalk or curb abutting his property or the driveway serving his property, provided that he shall first make application to the Township and that, in the reconstruction or repair of such sidewalk, curb or driveway, he shall conform in all respects to the provisions of this article applicable to such work. The fee for said application shall be established from time to time by resolution of the Board of Commissioners.
If any property owner shall fail, neglect or refuse to construct, reconstruct or repair any sidewalk, curb or driveway, as the case may be, after notice from the Township, within the time limit specified by such notice, the Township may cause such work of construction, reconstruction or repair to be done and shall collect the cost thereof, and 10% additional, from the owner and may file a municipal claim therefor or collect the same by action in assumpsit.
If any property owner shall hereafter construct, reconstruct or repair any sidewalk, curb or driveway otherwise than in strict conformity with all the applicable provisions and requirements of this article, the Township may notify such property owner to correct all such defects by whatever means is necessary to do so, within 10 days of notice, in default of which the Township may cause such defects to be corrected and may collect the cost thereof, with 10% additional, from the owner and may file a municipal claim therefor or collect the same by action in assumpsit.
The Township Manager is hereby vested with authority to institute a program of regular inspection of sidewalk, curb and driveway conditions in any area or areas of the Township as he, in his discretion or by specific direction from the Board of Commissioners, may determine, on an annual basis, so that it shall be expedient for the Board of Commissioners to let a contract or contracts for replacement, repair, root removal, etc., to the end that the citizens who are given notice to repair pursuant to such program shall have the benefit of reasonable costs in making such repair and replacement if they choose to use the contractor(s) so designated by the Township.
The Township's cost of the materials, labor and related work with respect to each property owner utilizing the Township's designated contractor shall be assessed on a lineal-foot or other equitable basis, and the Township Engineer or Township Manager or the designee of either shall calculate and ascertain the assessment assessable upon such property and shall prepare assessment bills or certificates and certify to the Township the correctness of the same, which assessment bills or certificates, duly certified under the Seal of Upper Allen Township and attested by the President of the Board of Commissioners and by the Secretary, shall be collected from the owner or owners of such property.
Said assessment bills or certificates, when executed as provided in Subsection A hereof, shall be served upon the owner or owners of such property either personally or by leaving the same with an adult member of the family with whom said owner or owners reside if the owner or owners cannot be found within Upper Allen Township. If said owner or owners of said property have no residence or cannot be found in Upper Allen Township, the bill shall be posted upon the premises or a copy thereof left with the occupant, if there is one, and shall further be mailed by registered or certified mail to the owner or owners or his or their agent or attorney at his or their last known address. If the owner of said property is a corporation, said bill may be served upon the president or secretary or other person in charge if it has an office or place of business in Upper Allen Township. If, however, said corporation shall have no office or place of business in Upper Allen Township, then said bill or bills shall be posted on the premises and a copy left with the occupant, if there is one, and shall further be mailed by registered or certified mail to said corporation at its last known address. In all cases where said bill shall be sent by registered or certified mail, the time herein provided shall be computed from the date said letter shall be mailed or registered, provided that a bill has been previously posted on the premises.
Said assessments shall be payable forthwith at the office of the Treasurer of the Township, and the Township Engineer and the Township Secretary, as soon as possible after the assessment shall have been approved by the Board of Commissioners, shall certify a complete duplicate copy thereof to the Township Treasurer. Should an owner or owners of said property against which an assessment shall have been made refuse or neglect to pay such assessment within 120 days after notice of the same, as provided in Subsection B hereof, the Township shall immediately file a claim therefor, together with 10% as penalty added and legal interest thereon, against the property upon which such assessment or assessments have been made, and it is hereby made the duty of the Township Treasurer that he shall certify to the Township Solicitor all unpaid assessments or assessment bills. It shall be the duty of the Township Solicitor, when any such assessments or assessment bills shall have been certified to him or her as aforesaid, to file a claim in the proper office of the County of Cumberland therefor against the property or properties upon which such assessments or assessment bills shall have been made. The Township Solicitor shall thereupon proceed to collect the same under the general law relating to the collection of municipal claims.
Any person who or which violates or permits a violation of this article, upon being found liable therefor in a civil enforcement proceeding, shall pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Justice and/or court. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.