Chapter 21 – Streets & Sidewalks

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CHAPTER 21

 

STREETS AND SIDEWALKS

 

PART 1

 

OPENING STREETS

 

§101.   Definitions

§102.   Permit Required

§103.   Application Requirements

§104.   Issuance of Permit

§105.   Fees

§106.   Emergency Conditions

§107.   Construction Requirements

§108.   Bond Required

§109.   Defective Backfilling

§110.   Notification of Proposed Street Paving

§111.   Insurance Required

§112.   Dealing with Violations

§113.   Plan Must be Approved

§114.   Penalties

§115.   Dedication of Street Separate

 

 

PART 2

 

DRIVEWAY INSTALLATION

 

§201.   Definitions

§202.   Driveway Regulations

§203.   Specifications

§204.   Compliance with Permit and Specifications

§205.   Permit Fees

§206.   Appeal from Engineer’s Denial of Permit

§207.   Maintenance and Enforcement

§208.   Penalty for Violation

 

 


PART 3

 

SNOW AND ICE REMOVAL

 

§301.   Legislative Intent

§302.   Definitions

§303.   Prohibited Conduct

§304.   Penalties

 

 

PART 4

 

CURBS AND SIDEWALKS

 

§401.   Curb and Sidewalk May be Required

§402.   Sidewalks to be Kept Safe

 


PART 1

 

OPENING STREETS

 

 

§101.   DEFINITIONS.

 

The following words, when used in this Part, shall have the meaning ascribed to them in this Section, except in those instances where the context clearly indicates otherwise:

 

 

CODE ENFORCEMENT OFFICER – the Code Enforcement Officer of the Township or his authorized representative.

 

ENGINEER – the duly appointed Township Engineer of the Township or his authorized representative.

 

EXCAVATE – to cut, drill, grade, dig, scoop and remove earth or other material making up the surface or subsurface of any street.

 

OPEN – to cut, drill, dig or otherwise penetrate through the surface of any street.

 

PERSON – any natural person, partnership, firm, association or corporation.

 

STREET – any public street, avenue, road, square, alley, highway or other public place located in the Township and established for the use of vehicles.

 

            TOWNSHIP – the Township of Hampden, Cumberland County, Pennsylvania.

 

(Ord. 76-5, 11/4/1976, §1)

 

 

§102.   PERMIT REQUIRED.

 

No person shall open or excavate in any street in the Township without first securing a permit therefore, as hereinafter provided.

 

(Ord. 76-5, 11/4/1976, §2)

 

 

§103.   APPLICATION REQUIREMENTS.

 

1.         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:

 

            A.        Name and address of applicant.

 

            B.         Exact location of proposed opening or excavation.

 

C.        Approximate size and depth of proposed opening or excavation.

 

D.        Proposed dates and times commencing and completing work.

 

E.         Method and progression of performing work.

 

F.         Purpose of proposed opening or excavation.

 

G.        Such other information as the Code Enforcement Officer may deem pertinent.

 

 

2.         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 Part) and laws of the Commonwealth of Pennsylvania and that the applicant will protect and save harmless the Township in accordance with the provisions of §111 hereof.

 

(Ord. 76-5, 11/4/1976, §3)

 

 

§104.   ISSUANCE OF PERMIT.

 

Upon being satisfied that the application is in proper form and upon receipt from the applicant of the fee prescribed by §105 hereof, of the performance bond prescribed by §108 hereof, and of the certificates of insurance prescribed by §111 hereof, the Code Enforcement Officer shall issue a permit. 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.

 

(Ord. 76-5, 11/4/1976, §4)

 

 

§105.   FEES.

 

The fee for each permit shall be in an amount established from time to time by resolution of Board of Commissioners, except as provided in §110 hereof.

 

(Ord. 76-5, 11/4/1976, §5; as amended by Ord. 98-7, 8/27/1998)

 

 

§106.   EMERGENCY CONDITIONS.

 

In the case of any leak, explosion or other accident in any subsurface pipe, line, conduit, construction or apparatus, it shall be unlawful 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 Part 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.

 

(Ord. 76-5, 11/4/ 1976, §6)

 

 

§107.   CONSTRUCTION REQUIREMENTS.

 

The following construction requirements shall apply to all openings or excavations in streets of the Township:

 

A.        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.

 

B.         Whenever 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.

 

C.        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.

 

D.        All openings or excavations shall be backfilled with a crushed aggregate of a size and composition approved by the Engineer. The materials shall be placed, rammed or compacted in layers, each of which shall not exceed 6 inches in depth. On improved streets, the backfilling shall be placed to within 10 inches of the surface. The trench shall then be enlarged 1 foot on each side to a depth of 10 inches. An 8 inch layer of high early strength concrete, whose composition conforms to PennDot Form 408, §704.1(g), shall be placed and protected from traffic for at least 24 hours. A 2 inch layer of ID-2 conforming to the Township engineering specifications shall then be used to dose the excavation or opening. A bead of asphalt cement shall be placed around the perimeter of the opening to seal the joint between new and old materials. Backfilling of tunnels shall be done in a manner designated by the Engineer.

 

E.         No opening or excavation in any street shall extend from the curb line into the street a distance greater than ! foot beyond the center line of the street before being backfilled and the surface of the highway restored to a condition safe and convenient for travel.

 

F.         No more than 500 feet longitudinally shall be opened in any street at any one time.

 

G.        The applicant shall notify the Code Enforcement Officer prior to backfilling and prior to placing the permanent surface (if the surface has been disturbed) and shall not proceed with such work until the Code Enforcement Officer has inspected the same and given his approval thereof.

 

H.        Every person to whom a permit is issued or by whom any opening or excavation is made shall take every necessary and reasonable precautions to keep the street in a safe and passable condition, both day and night, by the use of guards, barriers, lights and other devices.

 

  1. I.                    When warranted by sufficient disturbance of the road surface as determined by the Codes Enforcement Officer or the Township Engineer, the Township may require the complete overlay of the road from curb to curb for the entire length of the street opening.  If required, the overlay shall be completed in accordance with current Township standards.  The Township may require the road surface to be milled prior to completion of the overlay.

 

 

(Ord. 76-5, 11/4/1976, §7; as amended by Ord. 13-02, 3/28/2013)

 

 

§108.   BOND REQUIRED.

 

The applicant shall maintain the portion of the street disturbed by the opening or excavation, for a period of 1 year 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 shall deposit with the Code Enforcement Officer, prior to issuance of the permit, a bond in an amount set by the said Officer, 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.

 

(Ord. 76-5, 11/4/1976, §8)

 

 

§109.   DEFECTIVE BACKFILLING.

 

If, within a period of one (1) year from the date the backfilling is completed, the Code Enforcement Officer determines that the backfilling, surface restoration or maintenance of the disturbed area is defective, he shall notify the applicant in writing to that effect. Promptly upon receipt of such written notice, the applicant shall take immediate steps to correct such defects. If the applicant fails to take immediate corrective action, the Township may perform the work itself or cause the same to be performed by another person. The applicant .and the surety on its bond shall be liable for all costs and expenses incurred by the Township in correcting such defects and for any penalty assessed as a result of the applicant’s failure to take immediate corrective action.

 

(Ord. 76-5, 11/4/1976, §9)

 

 

§110.   NOTIFICATION OF PROPOSED STREET PAVING.

 

1.         The Engineer shall give timely notice to all persons owning property abutting on any street within the Township about to be paved or improved, and to all public utility companies operating in the Township, and all such persons and utility companies shall make all water, gas, sewer or other connections, as well as any repairs thereto which would necessitate opening or excavation of the said street, within 90 days from the giving of such notice, unless such time is extended in writing by the Engineer.

 

2.         New paving shall not be opened for a period of 1 year 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. If any person seeks to open or excavate in a street within 1 year after the completion of the paving thereof for any other reason than an emergency as above state, 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 payment of a permit fee in an amount as established from time to time by resolution of the Board of Commissioners. [Ord. 98-7]

 

(Ord. 76-5, 11/4/1976, §10; as amended by Ord. 98-7, 8/27/1998)

 

 

§111.   INSURANCE REQUIRED.

 

1.         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:

 

a.         By the opening or excavation of the street.

 

b.         By the failure to properly protect the same, backfill the same, restore the surface or maintain the surface.

 

c.         By any other action or inactions in connection therewith.

 

2.         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 amounts satisfactory to the Code Enforcement Officer.

 

(Ord. 76-5, 11/4/1976, §11)

 

 

§112. DEALING WITH VIOLATIONS.

 

1.         In the event any person violates the provisions of this Part or the terms and conditions of any permit issued hereunder, the Code Enforcement Officer or the Engineer may:

 

A.        Order a cessation of the work.

 

B.         Order the performance of additional or corrective work by or on behalf of the applicant and at the applicant’s expense.

 

C.        Revoke the permit.

 

D.        Institute such legal or equitable actions as may be appropriate.

 

E.         Institute an action for the imposition of a fine under §114 hereof.

 

F.         Take such other actions as may be deemed necessary under the circumstances.

 

2.         The above remedies may be pursued simultaneously or consecutively. No person who has violated the provisions of this Part 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.

 

(Ord. 76-5, 11/4/1976, §12)

 

 

§113.   PLAN MUST BE APPROVED.

 

No permit for opening or excavating in a street for the purpose of laying, constructing, extending 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 Board of Township Commissioners. Such 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 §108 hereof.

 

(Ord. 76-5, 11/4/1976, §13)

 

 

§114.   PENALTIES.

 

Any person, firm or corporation who shall violate any provision of this Part shall be, upon conviction thereof, sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.

 

(Ord. 76-5, 11/4/1976, §14; as amended by Ord. 84-6, 7/3/1984; and by Ord. 98-7, 8/27/1998)

 

 

§115.   DEDICATION OF STREET SEPARATE.

 

Neither the issuance of a permit hereunder nor the taking of any other actions hereunder shall be construed as an express or implied acceptance by the Township of the dedication of any street.

 

(Ord. 76-5, 11/4/1976, §15)

 


PART 2

 

DRIVEWAY INSTALLATION

 

 

§201.   DEFINITIONS.

 

For the purpose of this Part, the following terms shall have meanings ascribed thereto, as follows:

 

BOARD – the Board of Township Commissioners of Hampden Township, Cumberland County, Pennsylvania.

 

CONTRACTOR – the party, person, firm, partnership and/or corporation who or which installs a driveway, including all agents, officers or employees of said party, person, firm, partnership and/or corporation.

 

DRIVEWAY – any area of land designated or to be used as a means of ingress and/or egress for either vehicles and/or pedestrian traffic from a public road to a piece, parcel or tract of land.

 

OWNER – the owner of the land upon which a driveway or other improvement is located.

 

PERMIT – a permit issued by the Township through the Township Engineer to signify approval of the work to be done or improvement to be constructed under the specific regulations of this Part.

 

PERSON – any individual, partnership, company, association, society, corporation or other group or entity.

 

PUBLIC ROAD – any road, street, alley or public thoroughfare whether actually maintained by Hampden Township as part of its road system, or whether shown on a subdivision or land             development plan and intended to be offered or dedicated to Hampden Township in the future as part of its road system, to the extent of the width of the legal or dedicated right-of-way of said             road, street, alley or public thoroughfare.

 

            TOWNSHIP – Township of Hampden.

 

            TOWNSHIP ENGINEER – the Township Engineer as appointed by the Board.

 

            TOWNSHIP MANAGER – the Township Manager as appointed by the Board.

 

(Ord. 92-1, 1/6/1992, §1)

 

 

§202.   DRIVEWAY REGULATIONS.

 

1.         No person, owner and/or contractor shall hereafter install, initiate any work or allow the installation or initiation of any work toward the installation of a driveway onto or from a public road without first obtaining a permit therefore from the Township, except where the requirements of driveways have been previously included as part of the approval of a land subdivision plan or land development plan.

 

2.         Any person, owner and/or contractor shall, prior to obtaining a driveway permit, file an application or an application form supplied by Township, reflecting and showing the location of the driveway relative to the premises and designating the course, grade, structure, materials and drainage facilities, if any, involved in the construction of the driveway. The application shall be reviewed by the Township Engineer. The Engineer shall determine if the proposed method of constructing or making said connection, as reflected on the application, is such that it will (1) minimize the adverse effect of stormwater run-off resulting from said connection, (2) not cause damage to the public road to which the driveway is to be connected, and (3) be consistent with prevailing safety requirements as established by Pennsylvania Department of Transportation. If found satisfactory by the Engineer, he shall issue, or cause to be issued, the permit. If the plan if found deficient, or if in the opinion of the Township Engineer the plan could be improved so as to (1) minimize the adverse effect of stormwater runoff, (2) lessen drainage to the public road to which the driveway is to be connected, or (3) lessen hazardous driving conditions on the public road to which the driveway is to be connected, the Township Engineer shall, by written communication to the owner, notify him of the changes to be made. The applicant shall immediately make such changes and return the revised plan to the engineer. When such plan is in acceptable form, the Engineer shall approve or cause the same to be approved and the permit issued within 30 days of the revised plan.

 

3.         Each driveway, whether serving the same premises or not, shall require an individual permit.

 

(Ord. 92-1, 1/6/1992, §2)

 

 

§203.   SPECIFICATIONS.

 

The Board shall make by resolution from time to time such specifications as may be necessary and proper for the implementation of the foregoing regulations, which specifications shall be made available to the applicant for any permit required pursuant to this Part.

 

(Ord. 92-1, 1/6/1992, §3)

 

 

§204.   COMPLIANCE WITH PERMIT AND SPECIFICATIONS.

 

All work to be performed and all materials to be used as approved by any permit issued pursuant to this Part shall be performed and/or supplied in strict conformance and compliance with the terms and plans of such permit and the applicable specifications of this Township.

 

(Ord. 92-1, 1/6/1992, §4)

 

 

§205.   PERMIT FEES.

 

The Board shall prescribe by resolution from time to time such fee or fees for the permits required pursuant to this Part, which fees shall not exceed the approximate reasonable cost of processing and reviewing the application for the permit and making any necessary inspection to assure compliance with the terms of the permit.

 

(Ord. 92-1, 1/6/1992, §5)

 

§206.   APPEAL FROM ENGINEER’S DENIAL OF PERMIT.

 

An applicant shall have the right of appeal to the Board upon the Township Engineer’s denial of a permit required hereunder. Said appeal shall be perfected within 10 calendar days from the date of denial by filing a written appeal and request for hearing with the Manager. The Board shall hold a hearing within 60 days after the perfection of such appeal and render its decision within 30 days after said hearing.

 

(Ord. 92-1, 1/6/1992, §6)

 

 

§207. MAINTENANCE AND ENFORCEMENT.

 

1.         The owner of any driveway, including any drainage facilities appurtenant thereto, shall be responsible for its maintenance so as to:

 

a.         Prevent damage to the public road to which such driveway is to be connected or to be adjacent or affecting.

 

b.         Prevent the creation or increase of any safety hazard resulting from the use of said driveway.

 

2.         If the Township Engineer shall determine that the driveway (and its appurtenances) is not maintained as required hereinabove, he shall give written notice by certified mail to the owner indicating the deficiencies and requiring corrective action within 10 calendar days from the date of mailing. Any such deficiency shall be considered to be a public nuisance.

 

3.         If the owner of such driveway shall fail to take the corrective action required under subsection (2) immediately above, the Township Engineer is hereby authorized and empowered to abate such nuisance and to cause such corrective action to be taken by the Township at the owner’s sole cost and expense. Township shall obtain reimbursement from the owner by any lawful means, including an action at law or by municipal claim and/or lien.

 

(Ord. 92-1, 1/6/1992, §7)

 

 

§208.   PENALTY FOR VIOLATION.

 

Any owner, person and/or contractor who violates any provision of this Part shall be, upon conviction thereof, sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to term of imprisonment not to exceed 30 days. Each day in which a violation shall continue’ shall be deemed a separate offense.

 

(Ord. 92-1, 1/6/1992, §8; as amended by Ord. 98-7, 8/27/1998)

 


HAMPDEN TOWNSHIP

 

Driveway Permit Application

 

Property Owner Name_____________________________ Phone #________________________

 

Property Address__________________________________________________________________

 

Applicant Name___________________________________Phone #_________________________

 

Applicant Address_________________________________________________________________

 

Person Preparing Plan______________________________ Phone #________________________

 

Company Name___________________________________________________________________

 

Address__________________________________________________________________________

 

Description of improvements (pavements, drainage, structures, proposed or existing driveway, etc.

 

_________________________________________________________________________________

 

_________________________________________________________________________________

 

Name of Contractor_______________________________________________________________

 

Address__________________________________________Phone #_________________________

 

                                                                                                _____________________________

Applicant                                                                               Date

 

***************************************************************************************

 

Township Use Only

 

Application #______________Date Rec’d._____________Fee Rec’d_______________

 

 

 

***************************************************************************************

 

This application form must be accompanied by two (2) copies of each of the following:

 

(1)        Plan, professionally drawn and designed which includes:

 

(a)        Location and geometric alignment of the driveway relative to the Township road or street.

 

(b)        Grades or slopes of the driveway within the Township’s right-of-way.

 

(c)        Sight distances in both directions along the road from the driveway;        measured from a vehicle 10 feet back from the pavement edge.

 

(d)       Construction materials within the right-of-way.

 

(e)        Drainage facilities, if any.

 

(f)        See attached engineering standards.


ENGINEERING STANDARDS

 

  1. 1.      Driveway location shall be located as far away as practicable from any intersection, and shall not violate any existing State or municipal traffic safety regulations. A turnaround area may be required in certain instances for safety consideration.

 

  1. 2.      Driveway shall be designed to enter right-of-way at right angles (90 degrees), or as near thereto as site conditions permit.

 

  1. 3.      Slopes and grades shall be as shown

 

 

 

  1. 4.      Minimum sight distance shall be as follows:

 

Posted Speed (mph)

Safe Site Distance Left1 (feet)

Safe Site Distance Right1 (feet)

25

250

195

25

250

195

35

440

350

45

635

570

55

845

875

 

1 Measured from a vehicle 10 feet back of the pavement edge.

 

 

  1. 5.      Construction materials must be compatible to existing right-of-way materials and must insure that no erosion will occur at the driveway or within the Township right-of-way.

 

  1. 6.      If stormwater piping is necessary or proposed, drainage calculations must show that stormwater from a 2 year storm is being properly conveyed and that no stormwater runoff from a 25 year storm will enter the driving lane of the road.

 


HAMPDEN TOWNSHIP

 

Driveway Permit

 

 

Permit #_________________________                  Date Issued____________________________

 

 

Property Owner Name_____________________________________________________________

 

Property Address__________________________________________________________________

 

Phone No.____________________

 

 

***************************************************************************************

Driveway construction must be in accordance with the attached drawing and specifications. Any changes from the approved drawing must be reviewed and approved by the Township Engineer.

 

                                                                                                                                               

Township Engineer Approval                                                          Date

 

***************************************************************************************

Acknowledgment:

 

The owner of any driveway, including any drainage facilities appurtenant thereto, shall be responsible for its maintenance so as to: (1) prevent damage to the public road to which such driveway is to be connected or to be adjacent or affecting; (2) prevent the creation or increase of any safety hazard resulting from the use of said driveway.

 

 

                                                                                                                                               

Owner Signature                                                                   Date

 


 

 

 

 

 

 

 

 

 

 

 

 

 

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PART 3

 

SNOW AND ICE REMOVAL

 

 

§301.   LEGISLATIVE INTENT.

 

The Board of Township Commissioners (“Board”) of this Township hereby declares the following statements as its purpose and intention in enacting this Part:

 

A.        The Township provides maintenance of certain public streets and roads within this Township, including the removal of natural snow and mitigation of the effects of ice. Considerable resources of this Township have been appropriated to provide equipment and manpower to perform these functions. It is observed that persons living, occupying or otherwise connected with lands abutting said public streets and roads place snow and ice accumulating on private driveways, parking areas and sidewalks upon the public streets and roads after Township forces have undertaken to remove snow and treat ice. Such placement negates the removal/treatment processes and causes dangerous obstructions jeopardizing the traveling public.

 

B.         Therefore, the Boards declares that is necessary and in the best interest of the health, safety and welfare of the citizens of the Township and the traveling public at large to prohibit the placement of snow and ice on public streets and roads maintained by this Township and to provide penalties for those who violate or permit the violation of such prohibition.

 

(Ord. 94-2, 5/3/1994, §1)

 

 

§302.   DEFINITIONS.

 

When used in this Part, the following words, terms or phrases shall have the meanings set forth herein below:

 

CLEARED and/or TREATED PORTION OF A PUBLIC STREET or ROAD – that portion of a public street or road which has been plowed or otherwise cleared of snow by Township forces or which has been treated by Township forces with deicing or antiskid material.

 

ENTITY – any organization of people other than an individual person whether in the form of a partnership, joint venture, association, corporation (whether for or not for profit) or otherwise.

 

ICE – frozen water, whether as the result of precipitation or otherwise.

 

PUBLIC STREET or ROAD – any street or road within the territorial limits of the Township as maintained by the Township.

 

SNOW – natural frozen precipitation.

 

RESTITUTION – a sum of money equal to the Township’s actual cost of removing snow or ice unlawfully placed on a public street or road or for treating ice occasioned by such unlawful placement, said costs to be determined by the verified statement of the Township Manager.

 

TOWNSHIP – the Township of Hampden, Cumberland County, Pennsylvania.

 

TOWNSHIP MANAGER – the Township Manager as appointed by Township’s Board of Township Commissioners.

 

(Ord. 94-2, 5/3/1995, §2)

 

 

§303.   PROHIBITED CONDUCT.

 

  1. 1.      It shall be unlawful for any person to place any snow or ice (whether by shoveling, sweeping, plowing, blowing, pushing, dumping or otherwise) upon the cleared and/or treated portion of a public street or road within this Township.

 

  1. 2.      It shall be unlawful for any person or entity to cause or permit any person to place any snow or ice (whether by shoveling, sweeping, plowing, blowing, pushing, dumping or otherwise) upon the cleared and/or treated portion of a public street or road within this Township.

 

  1. 3.      A person or an entity shall be presumed to have caused or permitted a person to place snow or ice upon the cleared and/or treated portion of a public street or road where:
  2. 4.       
    1. a.      Such person or entity owns, occupies or otherwise controls the land from which the snow or ice originated.

 

  1. b.      Employs, contracts With or otherwise engages the person placing the snow or ice upon said street or road.

 

(Ord. 94-2, 5/3/1995, §2)

 

 

§304.   PENALTIES.

 

  1. 1.      First Offense. Any person or entity who shall violate any provision of this Part for the first time shall, upon conviction thereof, be sentenced to pay a fine to the use of the Township in an amount of not less than $50 and not more than $150 and shall pay restitution to the Township and the costs of prosecution; or upon failure to make such payments, to undergo imprisonment for a term of not less than 5 nor more than 10 consecutive days.

 

  1. 2.      Second Offense. Any person or entity who shall violate any provision of this Part for the second or subsequent time shall be, upon conviction thereof, sentenced to pay a fine of not less than $250 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.

 

(Ord. 94-2, 5/3/1995, §4; as amended by Ord. 98-7, 8/27/1998)

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

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PART 4

 

CURBS AND SIDEWALKS1

 

 

§401.   CURB AND SIDEWALK MAY BE REQUIRED.

 

The Commissioners of Hampden Township, Cumberland County, Pennsylvania, may give notice to any owner of property abutting on any street or highway within the Township to construct, pave, curb, repave and recurb the sidewalks along their said property at a grade and depth to be fixed and determined by the Township Engineer. Said sidewalks shall be 4 feet wide, and 4 inches deep, and shall be constructed of Portland cement concrete. Said notice to the property owners shall be in writing, and may be served on the property owner by leaving the same at his place of residence, or if he has no residence in the Township, then by posting the same on the premises and mailing a copy thereof to the owner at his last known address. If the said owner shall fail to perform the duty required of him in said notice, within 30 days from the date of its service, the Township Commissioners shall construct, pave, curb, repave or recurb, as the case may be, and shall collect the cost of such construction, paving, curbing, repaving or recurbing, plus a penalty of 10% for such owners of property abutting such sidewalk by the filing of a lien in the manner provided by law for the filing and collection of municipal claims, or by filing an action in assumpsit; the cost of any such construction, paving, curbing, repaving or recurbing, as the case may be, which shall have been done by the Township Commissioners, shall be lien upon the premises from the time of the commencement of the work, which date shall be fixed by the Township Engineer, and shall be filed with the Township Secretary.

 

(Ord. 51, 6/1/1963, §1; as amended by Ord. 98-7, 8/27/1998)

 

 

§402.   SIDEWALKS TO BE KEPT SAFE.

 

The owner of the abutting property shall keep the sidewalk, together with any portion of his property paved and used as a sidewalk or public walk immediately in front of his property, in good order and repair, and at all times free and clear of all obstructions to safe and convenient passage, and free of any merchandise placed there for display, if the removal thereof is ordered by the Township Commissioners. Upon the failure of the property owner to do the above, the same provisions, procedures, requirements and penalties shall be applicable as set forth in §401 herein.

 

(Ord. 51, 7/1/1963, §2)

 

(1)  Editor’s Note: See 22, §505 for curb and sidewalk specifications.  

 

§403.  PERMIT REQUIRED

 

No person, property owner or contractor shall install, initiate any work, or allow the installation, initiation of any work or the repair or replacement of any curb or sidewalk without first obtaining a permit therefor from the Township.  The requirement for a permit shall not apply with respect to the installation of curbs and sidewalks where neither curb and/or sidewalk had not existed before where the requirements for the installation of such curb and/or sidewalk have been previously included as part of an approved subdivision or land development plan. [Ord 11-03]

 

§404.  PERMIT AND SPECIFICATIONS

 

Applications for permits required in §403, above, shall be made on forms to be provided by the Township and approved by the Township Manager.  All work to be performed and materials used shall be in accordance with the specifications for curbs and sidewalks contained in Chapter 22, Part 5, Section 505 and any amended or successor provisions thereof.  All work performed and materials used shall be in strict conformance and compliance with the above specifications, the permit and plans required to be submitted with the application and approved as part of the issued permit.  [Ord 11-03]

 

§405.  PERMIT FEES.

 

The Board of Commissioners may prescribe by resolution from time to time such fees for the permits required by Section 403, which fees shall be for the reasonable approximate cost of reviewing and processing the application and inspecting all work and materials to ensure compliance with the terms of the permit and specifications.  All such fees shall be payable at the time a permit application is submitted.  [Ord 11-03]

 

§406.  APPEAL FROM DENIAL OF PERMIT.

 

An applicant shall have the right to appeal to the Board of Commissioners the denial of a permit required under Section 403.  Any such appeal must be filed within 10 days of the date of the denial by filing a request in writing for a hearing giving the reason for the appeal with the Township Manager.  The Board shall hold a hearing within 60 days of the filing of the appeal and render a decision within 30 days after the hearing.   [Ord 11-03]

 

 

 

 

 

 

 

 

 

§407.  PENALTY FOR VIOLATION.

 

Any owner, person or contractor who violates any provision of Section 403 and/or Section 404 above, shall be, upon conviction thereof, sentenced to pay a fine of not more than $1,000 plus costs, and, in default of such payment, to a term of imprisonment not to exceed 30 days.  Each day in which a violation shall occur shall be deemed a separate offense. 

[Ord 11-03]


 

 

 

 

 

 

 

 

 

 

 

 

 

 

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