[HISTORY: Adopted by the Board of Supervisors
of the Township of Hamilton as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Subdivision and land development — See Ch.
120.
[Adopted 8-13-1974 by Ord. No. 11]
[Amended 9-13-2004 by Ord. No. 108]
In accordance with the provisions of Section
2322 of Article XXIII of the Second Class Township Code (53 P.S. § 67322),
as amended, no railroad or street railway shall hereafter be constructed
upon any Township road, nor shall any railroad or street railway crossing,
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 9-13-2004 by Ord. No. 108]
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 two 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.
Upon completion of the work, the applicant shall
give written notice thereof to the Township.
[Amended 9-13-2004 by Ord. No. 108]
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 shall fail 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 shall impose upon the applicant
the cost thereof, together with an additional 20% of such cost.
[Amended 12-3-1996 by Ord. No. 75]
Any person, firm, corporation or utility who
violates or permits a violation 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 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 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. 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. Hamilton
Township police officers, or other appropriate officer(s) of Hamilton
Township, shall have the power to enforce the provisions of this article.
[Adopted 8-19-1975 by Ord. No. 14]
No person, firm or corporation shall connect
or attempt to connect any private drive, street or road to a Township
road in Hamilton Township, Adams County, Pennsylvania, without having
first received the written consent of the Board of Supervisors to
do so.
No private drive, street or road shall be connected
to a Township road in Hamilton Township unless the same shall be to
approved grade and adequate draining facilities shall have been provided.
[Amended 12-3-1996 by Ord. No. 75]
Any person, firm or corporation who violates
or permits a violation 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 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 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. 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. Hamilton Township
police officers, or other appropriate officer(s) of Hamilton Township,
shall have the power to enforce the provisions of this article.