[Adopted 10-15-1992 by Ord. No. 92-6]
The Township Secretary 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 or sewer connections as well as any repairs
thereto which would necessitate the excavation of the said street
within 30 days from the giving of such notice, unless such time is
extended in writing for cause shown by the Township Secretary. New
paving shall not be opened or excavated for a period of five years
after the completion thereof, except in case of emergency, the existence
of which emergency and the necessity of the opening or excavation
of such paving to be determined by the Township Board of Supervisors.
If it is sought to excavate upon or open a sewer within five years
after the completion of the paving, applicant shall make written application
to the Township Board of Supervisors, and the permit for such opening
shall be issued only after express approval of the Board of Supervisors.
If at any time in the future the roadway is
widened, reconstructed or the alignment or grades are changed, the
permittee further agrees to change or relocate all or any part of
the structures covered by this permit which interfere with the improvement
of the roadway at its own cost and expense.
No new water, sewer, steam or gas main or electric,
telephone or other utility line shall hereafter be laid, 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 Secretary and such plan, and the exact location
of such main or line, approved by the Board of Supervisors. The Township
Secretary shall not approve the locating of any such main or line
at a depth of less than 30 inches from the surface of the street unless
he or she shall be convinced that locating the same at a depth of
more than 30 inches from the surface is impossible or impractical.
No company, corporation or association shall
dig up any street or alley without first giving to the Township a
bond with some acceptable trust or surety company as surety in the
sum of $10,000 conditioned for the faithful performance of these provisions
and also for any and all damages, claims, demands, suits, costs and
counsel fees occasioned or arising from the digging up, opening or
closing of said streets and alleys.
In the case of any leak, explosion or other
accident in any subsurface pipe, line, construction or apparatus,
it shall be lawful for the person owning or responsible for such pipe,
line, construction or apparatus to commence an excavation to remedy
such condition before securing a permit, provided that application
for the 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 conditions shall not
be immediately attended to by the owner or person responsible for
such pipe, line, construction, or apparatus, the Township Secretary,
after such notice as he or she shall deem necessary under the circumstances
of the particular case, shall proceed to do the work necessary and
required by such emergency, and charge the same on the basis of cost,
plus 20% to such owner or person.
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a District Justice under the Pennsylvania Rules of Criminal
Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense.
