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:
APPLICANT
Any person who makes application for a permit.
EMERGENCY
Any unforeseen circumstances or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
MANAGER
The Manager of the Township or his authorized deputy, representative
and/or inspector.
NEWLY IMPROVED STREET
Newly constructed cartways, including base and surfacing
of asphalt, and reconstructed cartways, surfaced with at least one-and-one-fourth-inch
top of asphalt. It shall be the prerogative of the Director of Community
Services to define the category of "newly improved street" and advise
the proper utility companies of this designation.
PERMITTEE
Any person who has been issued a permit and has agreed to
fulfill all the terms of this article.
PUBLIC UTILITY COMPANY
Hampton Township Municipal or Sanitary Authority, any cable
television company, or any company subject to the jurisdiction of
and control by the Pennsylvania Public Utility Commission.
STREET
A public street, public easement, right-of-way, public highway,
public alley, public sidewalk, public way or public road accepted
or maintained by the Township or open for travel and use by the public,
whether or not so accepted or maintained, including the entire area
within the right-of-way thereof.
Each applicant, upon the receipt of a permit, shall provide
the Township with an acceptable certificate of insurance indicating
that he is insured against claims for damages for personal injury
as well as against claims for property damage which may arise from
or out of the performance of the work, whether such performance be
by himself, his subcontractor, or anyone directly or indirectly employed
by him. Such insurance shall cover collapse, explosive hazards, and
underground work by equipment on the street, and shall include protection
against liability arising from completed operations. The amount of
the insurance shall be prescribed by the Manager in accordance with
the nature of the risk involved; provided, however, that the liability
insurance for bodily injury shall be in an amount no less than $250,000
for each person and $500,000 for each accident and for property damages
in an amount no less than $100,000 with an aggregate of $300,000 for
all accidents. Public utility companies and authorities may be relieved
of the obligation of submitting such a certificate if they submit
satisfactory evidence that they are insured in accordance with the
requirements of this article or have adequate provision for self-insurance.
Public utility companies may file an annual certificate of insurance
in lieu of individual certificates for each permit.
Any permittee, copartnership or corporation, or principal officer
of any corporation who or which shall violate any provision of this
article shall be guilty of a summary offense and, upon conviction
thereof before a District Magistrate, such person or the members of
such partnership or the officers of such corporation responsible for
such violation shall be sentenced to pay a fine of not more than $1,000.
Each day that a violation continues shall be considered a separate
violation, and a separate fine shall be applicable. In the event that
any person shall repeatedly violate the provisions of this article,
or fail to adhere to notices and other provisions of this article,
then such person shall be guilty of a misdemeanor and, upon conviction
thereof, such persons shall be sentenced to suffer imprisonment, not
to exceed two years, or to pay a fine not exceeding $1,000, or both,
in the discretion of the Court.