[Ord. 1988-13, 11/3/1988, § 1; as amended by Ord.
2004-4, 2/19/2004, § 1; and by Ord. 2011-12, 10/6/2011]
In accordance with the provisions of §§ 1502(57)
and 2084 of the First Class Township Code, 52 P.S. §§ 56502(57),
57084 as amended, no railroad or street railway shall hereafter be
constructed upon any Township road, or within any Township right-of-way,
nor shall any railroad or street railway crossing, nor any gas pipe,
water pipe, sewer pipe, electric conduits, or other piping, be laid
upon or in, nor shall any telephone or electric light or power poles,
or any coal tipples or any constructions be erected upon or in, any
portion of a Township road or right-of-way, except under such conditions,
restrictions and regulations regulating to the installation and maintenance
thereof, as may be prescribed in permits granted by the Township for
such purpose.
[Ord. 1988-13, 11/3/1988, § 2; as amended by Ord.
2004-4, 2/19/2004, § 2; and by Ord. 2011-12, 10/6/2011]
1.
The application for a permit shall be on a form prescribed by the
Township and submitted to the Township in triplicate.
2.
The application shall be accompanied by an inspection fee, as determined
from time to time by the Township Board of Commissioners; a maintenance
escrow determined by the Township Engineer to reflect the nature of
the proposed excavation; and where applicable, a permit issuance fee.
3.
In addition, the applicant shall provide three copies of a sketch
which shall include, but not necessarily be limited to, the following
information:
4.
If the applicant is proposing to detour traffic, a detour plan must
be submitted along with the application for review and approval by
the Township.
5.
Prior to issuance of the permit, the applicant shall deposit security
in a form and amount acceptable to the Township to be held in a non-interest
bearing escrow account by the Township for a period of one year after
completion of the work to guarantee the restoration under or within
the road or right-of-way.
[Ord. 1988-13, 11/3/1988, § 3; as amended by Ord.
2004-4, 2/19/2004; and by Ord. 2011-12, 10/6/2011]
A permit may be issued to the applicant, subject to such conditions,
restrictions, and regulations as the Township may deem appropriate,
after all of the aforesaid documents have been filed and approved
by the Township Secretary or his designee and the appropriate security
has been deposited, provided that the Township Secretary or his designee
determines that the work covered by the application and the entire
project of which it is a part conforms to all applicable laws, statutes,
rules, regulations, and ordinances, and that there is no question
as to whether the project promotes the health, safety, and general
welfare of the Township. If the Township Secretary or his designee
cannot issue a permit under the standards set forth in the preceding
sentence, he shall refer the application to the Township Commissioners,
who shall finally determine whether the application should be rejected
or whether a permit shall be issued subject to any conditions, restrictions,
or regulations they deem appropriate. Under no circumstances shall
a permit be issued, or a street opening commenced, without payment
to Township of an inspection fee, a maintenance escrow, and where
authorized, a permit applicable fee.
[Ord. 1988-13, 11/3/1988, § 4]
The applicant shall notify the Township at least 48 hours prior
to the commencement of work and shall give written notice upon completion
of the work.
[Ord. 1988-13, 11/3/1988, § 5; as amended by Ord.
2004-4, 2/19/2004, § 4]
1.
Following 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.
Where any settlement or defect in the work occurs, within one year
following the date of completion, and if the applicant shall fail
to rectify any such settlement or other defect within 10 days after
written notice from the Township to do so, the Township may do the
work and shall deduct from the security the cost thereof, together
with an additional 20% of such cost. Any cost in excess of the security
shall be recoverable as provided by law.
2.
All persons who have opened a street or received a street opening
permit, or both, shall pay to Township all inspection fees and charges
not fully reimbursed by the standard inspection fee, within 30 days
of the invoice date therefor.
3.
After the one-year maintenance period, the applicant shall request
in writing by certified mail that the Township return any undisbursed
funds remaining in the escrow account. Following a review of the account
to determine the amount of the undisbursed funds, the Township shall
return such remaining funds.
[Ord. 1988-13, 11/3/1988, § 6]
Persons performing survey work which necessitates cutting small
hole(s) in the roadway pavement to find property corners or other
survey marks are exempted from the requirement of obtaining a road
occupancy permit. However, such persons are required to notify the
Township and further to patch the holes with bituminous stockpile
patching material or cold patch following completion of the survey
work.
[Ord. 1988-13, 11/3/1988, § 7; as amended by Ord.
2011-12, 10/6/2011]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs. Each day that a violation
of this Part continues or each section of this Part which shall be
found to have been violated shall constitute a separate offense.
