[Ord. 342, 7/17/1991; as added by Ord. 656, 4/9/2015]
This Part shall be known and may be cited as the "Street Ordinance."
[Ord. 342, 7/17/1991; as amended by Ord. 414, 4/13/1994,
§ 183-10; by Ord. 613, 12/6/2006, § 1; and by
Ord. 656, 4/9/2015]
As used in this Part, the following words and phrases shall
have the following meanings unless the context clearly indicates a
different meaning:
Any person, partnership or corporation who or which makes
application for a permit.
Approved material used to fill a trench or other excavation,
or the process of doing so.
Paved area of the road within which vehicles are permitted,
including curbs and shoulders.
A certificate provided by the applicant which verifies that
said applicant carries the minimum insurance coverages as stipulated
in this Part.
A fee that is imposed on any person, partnership or corporation
who or which obtains a street excavation permit and the work to be
performed includes open cutting of any Township road.
A private roadway providing access for vehicles to a parking
space, garage, dwelling or other structure.
A situation or event, such as breakage of a utility line,
which presents an imminent hazard to the public health, safety and
welfare. Not included in this definition are the routine placement
or replacement of service facilities which are being constructed or
replaced as part of normal expansion or routine maintenance activities.
Removal of soil, rocks, sidewalk, driveway or cartway material
for the purpose of installing, replacing, repairing or removing underground
facilities.
Any deviation from the literal terms of this Part which has
been approved by the Board of Supervisors.
A certificate issued by the Township Roadmaster certifying
that all work has been completed in accordance with the provisions
of this Part.
The Moon Township Volunteer Fire Company.
A fee established, from time to time, by resolution of the
Board of Supervisors for the purpose of performing inspections of
a work site that has obtained a permit.
The direction, intensity and volume of stormwater runoff
typically present during various precipitation events.
Open cutting of a cartway, sidewalk or driveway.
Financial security submitted to the Township which guarantees that all work required as part of an approved permit will be satisfactorily completed. An acceptable security can be a bond, letter of credit or certified check. Said security must be made payable to Moon Township and comply with the Financial Security Ordinance [Chapter 1, Part 7].
A fee established, from time to time, by resolution of Board
of Supervisors for the purpose of administration costs in issuing
permits.
Any person, partnership or corporation to whom or which a
permit is issued.
Monday through Friday, 8:00 a.m. to 4:30 p.m., prevailing
time, except designated holidays.
Land under the control of the Township which contains Township
roads, sidewalks, driveways, driveway aprons and other nonpaved portions
of land which may or may not contain aboveground or underground utilities.
A permit which, when issued, permits the permittee to perform
work within a Township right-of-way. The work permitted under this
permit shall not include any work authorized by a street excavation
permit.
A paved, surfaced or leveled area, paralleling and usually
separated from the cartway, used as a pedestrian walkway.
A plan of the area to be worked upon which shows all pertinent
information including, but not limited to, right-of-way lines, street
locations, sidewalk locations and any existing subsurface and aboveground
utilities which may be impacted by the work to be performed.
Includes a public street, public easement, public right-of-way,
public highway, public alley, public way or public road accepted or
maintained by the Township and all improvements within the limits
thereof including pavement, curbs and sidewalks.
A permit which, when issued, permits the permittee to open
cut any Township road, sidewalk or driveway or tunnel under any Township
road, sidewalk or driveway. Also known as a "street opening permit"
or "road opening permit."
Any public utility or private transmission lines which are
located below grade.
Any road which has been dedicated to and accepted by the
Township for use as a public road. See "cartway."
To perform work which utilizes equipment that tunnels or
bores beneath the cartway, sidewalk, driveway, driveway apron or other
areas of a Township road or right-of-way.
[Ord. 342, 7/17/1991; as amended by Ord. 656, 4/9/2015]
The Township Roadmaster shall:
A.
Administer and enforce the provisions of this Part in accordance
with its literal terms and shall not have the power to permit any
construction which does not conform to this Part.
B.
Issue street excavation permits and right-of-way occupancy permits.
C.
Maintain a permanent file of all applications for permits and permits
issued as public records.
D.
Perform all necessary inspections and initiate any enforcement proceedings
which are necessary to ensure compliance with the provisions of this
Part.
[Ord. 342, 7/17/1991; as amended by Ord. 656, 4/9/2015]
1.
A street excavation permit shall be obtained before any person, partnership
or corporation may:
2.
Application for a street excavation permit shall be accompanied by:
A.
A completed and signed application form utilizing an application
form prescribed from time to time by the Township Roadmaster.
B.
The required permit fee and inspection fee.
C.
The required degradation fee, if necessary.
G.
A location plan which generally indicates the distance the street
excavation will occur from the nearest intersecting street.
H.
A profile indicating the elevation(s) of any subsurface facilities
which are being removed, repaired or constructed. This profile shall
indicate the depth below the roadway surface the work is going to
be performed.
I.
Additional documentation as the Township Roadmaster may require.
3.
The completed application shall be submitted to the Township Roadmaster
at the Township Municipal Building. Upon receipt of the completed
application, the Township Roadmaster shall:
4.
Upon approval of an application, the Township Roadmaster shall provide
the applicant with two signed copies of the permit. The applicant
must maintain one copy of the approved application at the job site.
5.
The granting of any street excavation permit shall confer a right
upon the permittee, subject to the terms and conditions of the permit,
permission to temporarily occupy and use the subject street surface
during the course of construction work covered by the permit and to
thereafter occupy the space within which the work is to be located,
subject in every case to the specific right of the Township to require
temporary or permanent relocation or removal of any of the facilities
entirely at the permittee's expense in the event that said facilities
are in conflict with the Township's interest or the public interest
in the use of the street.
6.
In granting any permit, the Township may attach such special conditions
thereto as may be reasonably necessary to protect public and private
property.
7.
By accepting the permit, the applicant agrees to perform the work
in accordance with the terms and conditions of the permit, any special
conditions which may be attached to the permit and this Part, and
to hold harmless and defend the Township, its officers, employees
and agents from any and all costs, damages and liabilities which may
accrue by reason of the work performed under such permit. The acceptance
of any permit under this Part shall constitute such an agreement by
the applicant whether the same is expressed or not.
8.
Every permit issued hereunder shall expire 30 days after it is issued.
If the permittee shall be unable to complete the work within the specified
time, he shall, prior to expiration of the permit, present, in writing,
to the Township Roadmaster a request for an extension of time, setting
forth therein the reasons for the requested extension. If, in the
opinion of the Township Roadmaster, such an extension is necessary,
the permittee may be granted additional time for the completion of
the work.
9.
The applicant must notify the Township Roadmaster and Police Department
at least 24 hours before work is commenced and shall not backfill
any open cut before the Township Roadmaster has inspected the site.
10.
The Township Roadmaster may revoke any permit issued under the provisions
of this Part if he determines that the terms of the permit and/or
this Part are being, or have been, violated. Upon revocation of the
permit, the Township Roadmaster shall provide the permittee with a
written explanation of the terms of the permit and/or this Part which
are being, or have been, violated and establish a time frame under
which the permittee must complete all necessary reparations to bring
the job into compliance with the provisions of the permit and this
Part.
11.
Permits are not transferable from one person to another and the work
shall not be made in any place other than the location specifically
designated in the permit.
12.
If final paving repairs are not completed to the satisfaction of
the Township Roadmaster, the Township reserves the right, after notice
to the permittee, to complete final paving repairs, including the
removal of substandard work. These repairs will be funded by the performance
security which the permittee must provide. Upon the satisfactory completion
of all work, the Township Roadmaster shall issue a final completion
certificate and return the required performance security or portion
thereof.
[Ord. 342, 7/17/1991; as amended by Ord. 613, 12/6/2006,
§ 2; and by Ord. 656, 4/9/2015]
1.
A right-of-way occupancy permit shall be obtained before any person,
partnership or corporation shall perform work in any Township right-of-way
and within any utility easement along a public road which does not
include the activity which requires a street excavation permit.
2.
Application for a right-of-way occupancy permit shall be accompanied
by:
A.
A completed and signed application form, utilizing an application
form prescribed, from time to time, by the Township Roadmaster.
B.
The required permit fee and inspection fee.
D.
A site plan which clearly shows where in the right-of-way the work
will occur.
E.
Additional documentation as the Township Roadmaster may require.
3.
The completed application shall be submitted to the Township Roadmaster
at the Township Municipal Building. Upon receipt of the completed
application, the Township Roadmaster shall:
4.
Upon approval of an application, the Township Roadmaster shall provide
the applicant with two signed copies of the permit. The applicant
must maintain one copy of the approved application at the job site.
5.
The granting of a right-of-way occupancy permit shall confer upon
the permittee, subject to the terms and conditions of the permit,
permission to temporarily occupy and use the road right-of-way during
the course of construction work covered by the permit and to thereafter
occupy the space within which the work is to be located, subject in
every case to the specific right of the Township to require temporary
or permanent relocation or removal of any of the facilities entirely
at the permittee's expense in the event that said facilities
are in conflict with the Township's interest or the public interest
in the use of the right-of-way. The right-of-way occupancy permit
does not authorize the permittee to perform any work which is governed
by the requirements of a street excavation permit.
6.
In granting any permit, the Township may attach such special conditions
thereto as may be reasonably necessary to protect the public and private
property.
7.
By accepting the permit, the applicant agrees to perform the work
in accordance with the terms and conditions of the permit, any special
conditions which may be attached to the permit and this Part, and
to hold harmless and defend the Township, its officers, employees
and agents from any and all costs, damages and liabilities which may
accrue by reason of the work performed under such permit. The acceptance
of any permit under this Part shall constitute such an agreement by
the applicant whether the same is expressed or not.
8.
Every permit issued hereunder shall expire 30 days after it is issued.
If the permittee shall be unable to complete the work within the specified
time, he shall, prior to expiration of the permit, present, in writing,
to the Township Roadmaster a request for an extension of time, setting
forth therein the reasons for the requested extension. If, in the
opinion of the Township Roadmaster, such an extension is necessary,
the permittee may be granted additional time for the completion of
the work.
9.
The applicant must notify the Township Roadmaster and Police Department
at least 24 hours before work is commenced and shall not backfill
any trenches before the Township Roadmaster has inspected the site.
10.
The Township Roadmaster may revoke any permit issued under the provisions
of this Part if he deems the terms of the permit and/or this Part
are being, or have been, violated. Upon revocation of the permit,
the Township Roadmaster shall provide the permittee with a written
explanation of the terms of the permit and/or this Part which are
being, or have been, violated and shall establish a time frame under
which the permittee must complete all necessary reparations to bring
the job into compliance with the provisions of the permit and this
Part.
11.
Permits are not transferable from one person to another and the work
shall not be made in any place other than the location specifically
designated in the permit.
12.
Upon the satisfactory completion of all work, the Township Roadmaster
shall issue a final completion certificate.
[Ord. 342, 7/17/1991; as amended by Ord. 414, 4/13/1994,
§ 183-14; and by Ord. 656, 4/9/2015]
[Ord. 342, 7/17/1991; as amended by Ord. 656, 4/9/2015]
1.
The work shall be subject at all times to inspection by the Township
Roadmaster. Under no circumstances shall a trench be backfilled without
prior inspection of the work by the Township Roadmaster or his/her
designee.
2.
After final inspection and acceptance of the work and after payment
of any refund or collection of any insufficiency due, the Township
shall issue a final completion certificate. The date of such final
completion certificate shall fix the eighteen-month time period during
which the permittee absolutely is responsible for maintenance of permanent
pavement repairs, trenches or any other reparations performed. Any
problems which arise during this eighteen-month period and are attributable
to the work performed by a permittee or his/her assigns shall be rectified
immediately. Failure to perform reparations determined necessary by
the Township Roadmaster or his/her designee will result in the completion
of repairs by the Township. The Township will recover all funds expended
in performing said repairs by providing the permittee with an itemized
bill listing all costs the Township incurs. The Township will reserve
the right to deny any new permit applications submitted by the permittee
or his/her assigns until these costs or any other funds due to the
Township are remitted to the Township.
[Ord. 342, 7/17/1991; as added by Ord. 656, 4/9/2015]
1.
Performance Security. Upon filing a street excavation permit application, each applicant shall provide the Township with financial security to guarantee faithful performance of the work authorized by a street excavation permit granted pursuant to this Part. Any such performance security shall comply with the Financial Security Ordinance [Chapter 1, Part 7]. The amount of the performance security shall be 100% of the estimated cost of restoring the street opening or $5,000, whichever is greater. The term of the performance security shall begin upon the date of posting thereof and shall terminate upon the permittee's receipt of a final completion certificate from the Township Roadmaster. If the permittee anticipates requesting more than one permit per year as required by this Part, he may furnish one continuing form of financial security to guarantee faithful performance in such amount as the Township Roadmaster deems necessary. The amount of such performance security shall be in relation to the cost of restoring pavement cuts to be made by the permittee throughout the year.
2.
Maintenance Security. To the extent deemed necessary, the Township Roadmaster may require a permittee of a street excavation permit to provide the Township with financial security to guarantee the workmanship, structural integrity and maintenance of the work authorized by a street excavation permit granted pursuant to this Part and conditioned on compliance with the provisions of this Part. Any such financial security shall be posted with the Township Roadmaster prior to the issuance of a final completion certificate and shall comply with the Financial Security Ordinance [Chapter 1, Part 7]. The Township Roadmaster shall determine the amount of the maintenance security, and it shall be in relation to the cost of restoring the pavement cut made by the permittee; provided, however, the minimum amount of the maintenance security shall not be less than $2,000. The term of each such maintenance security shall be for two years from the Township Roadmaster's issuance of the applicable final completion certificate. If the permittee anticipates requesting more than one permit per year, the Township Roadmaster may require a continuing form of financial security conditioned upon compliance with the specifications of the Township and the provisions of this Part in such amount as the Township Roadmaster deems necessary. The amount of such maintenance security shall be in relation to the cost of restoring pavement cuts to be made by the permittee throughout the year. In the case of a public utility company, its corporate bond in a form satisfactory to the Solicitor may be accepted in lieu of the maintenance security required by this section.
[Ord. 342, 7/17/1991; as amended by Ord. 656, 4/9/2015]
Each applicant, upon the filing of an application for a permit
under this Part, shall provide the Township Roadmaster 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
damages 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 Township Roadmaster in accordance with the nature of the risk
involved; provided, however, it shall provide for a minimum of comprehensive
bodily injury liability insurance including coverage on a personal
injury basis and comprehensive property damage liability insurance
not less than $3,000,000 combined single limit. Public utility companies
and municipal 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 Part 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. The Township shall be added as an additional insured
and/or loss payee on any insurance policy or policies required by
this section and proof of this additional insured status shall be
provided by the Township in the form of a policy endorsement acceptable
to the Township.
[Ord. 342, 7/17/1991; as amended by Ord. 656, 4/9/2015]
Any person, partnership or corporation performing work without a permit because of an emergency situation, as defined in § 21-202, shall verify the emergency nature of the circumstances, in writing, to the Township Roadmaster within the first regular business day after such emergency situation occurs. All work performed in an emergency situation must be done in compliance with the requirements of §§ 21-212 through 21-217 of this Part, and a permit must be applied for on the first regular business day following the date the emergency situation occurred. The Township Roadmaster will determine the amount of additional information that will be required. All required fees and performance security will be required to be provided with the application form. Prior to commencing work in an emergency situation, the person, partnership or corporation performing the work must notify the Police Department and Township Roadmaster of the nature of the emergency.
[Ord. 342, 7/17/1991; as amended by Ord. 656, 4/9/2015]
Exceptions to the requirements of this Part shall not be permitted
except upon written request by the applicant and approval by the Board
of Supervisors at a public meeting. The Board of Supervisors may request
and utilize the recommendations of the Township Roadmaster and/or
the Township Engineer with respect to any exception request. The Board
of Supervisors may impose any reasonable conditions to the granting
of an exception.
[Ord. 342, 7/17/1991; as amended by Ord. 567, 6/2/2004, § 1;
by Ord. 613, 12/6/2006, §§ 3 and 4; and by Ord. 656,
4/9/2015]
1.
Unless specifically permitted by the Township:
A.
No street opening shall extend across more than 1/2 of the cartway
at one time.
B.
Two-way traffic shall be maintained.
C.
Access to driveways and/or buildings abutting the street shall be
maintained.
D.
Not more than 250 linear feet of any street shall be opened at any
one time.
E.
No excavated materials or backfill materials shall be stockpiled
on the roadway surface or sidewalk.
2.
The permittee shall contact the PA One-Call System and ensure that
all surface and subsurface facilities are properly marked and otherwise
comply with the requirements of the Pennsylvania Underground Utility
Line Protection Act, 73 P.S. § 176 et seq., as amended,
prior to any excavation and/or pavement cut. The permittee shall take
all precautions necessary to avoid damage to other utility lines and
to public and private property. In the event that damage does occur
to the property of others, the permittee shall promptly and satisfactorily
repair all damages and restore the property to a satisfactory condition.
3.
Provisions shall be made to accommodate the flow of storm drainage,
and no excavated material or trench shall be permitted to interfere
with the normal flow of surface water.
4.
Traffic control shall be maintained in accordance with Pennsylvania
Department of Transportation Publications 212 and 213 and 67 Pa. Code
§ 212.1 et seq., dealing with work zone traffic control,
and the permittee shall furnish and maintain upon the work site such
signs, barricades, lights and flagmen as may be necessary to ensure
safe travel for vehicular and pedestrian traffic.
5.
If blasting activities are performed, such operations shall be performed
by persons authorized by all federal, state, county and local authorities
to undertake such activities and shall be carried out in strict accordance
with federal, state, county and municipal laws and regulations governing
the same.
6.
Appropriate measures must be taken to provide access for emergency
vehicles and to all properties affected by the work.
7.
No change shall be permitted in the grade or contour of any street
right-of-way, nor shall there be any alteration of any gutter, curbing,
drainage ditch or storm sewer except as permitted by this Part.
8.
No hedges, fences, brick pillars, planters or other obstructions
shall be permitted within any street right-of-way so as to impair
vision, interfere with pedestrian traffic or create a traffic hazard.
9.
No structures shall be permitted within the utility easement adjacent to the public road right-of-way except retaining walls that are less than 30 inches in height and can be manually removed and replaced; and, brick pillars that are no more than six square feet in area. An applicant shall contact the PA One-Call System, as provided in Subsection 2 above, prior to installing any such structures. Any such structures shall not interfere with access to utilities or line of sight for vehicular traffic.
10.
No vegetation other than grass shall be placed or permitted in the
right-of-way between the curbline and the sidewalk within 12 feet
of a line drawn perpendicular to the street from the center of any
utility boxes or similar aboveground utility equipment. No vegetation
other than grass shall be placed or permitted within three feet of
the rear and sides of any utility boxes or similar aboveground utility
equipment located in the utility easement.
[Ord. 342, 7/17/1991; as amended by Ord. 656, 4/9/2015]
1.
Cuts through bituminous wearing surfaces shall be scored on a neat,
straight line to the full trench width, using either a pneumatic spade
or a concrete saw. Cuts through Portland cement concrete shall be
sawed to a sufficient depth to enable removal of concrete with a clean,
straight break.
2.
Excavated material shall be removed immediately or laid compactly
off the roadway surface to cause as little inconvenience as possible
to public travel. Pedestrian sidewalks shall be kept clean and free
of obstructions and, where necessary, temporary bridging or plank
walkways shall be provided. Excavated material not suitable for backfill
shall be immediately loaded into trucks and removed as excavation
is in progress. Construction materials shall not be stored in the
public street. Loose earth and stone shall be promptly cleaned from
the streets and sidewalks, and dust shall be regularly swept up and
removed.
3.
Sidewalls of a trench under four feet in depth shall be kept as nearly
vertical as possible. When over four feet in depth, the trench shall
comply with the requirements established by the Occupational Safety
and Health Administration standards.
4.
Through rock, utility lines and facilities shall be cushioned by
not less than six inches of clean sand or other approved granular
material around and beneath the work, so that a cushion completely
surrounds the work to afford protection in the event of future excavation
in close proximity thereto.
5.
When the road surface is open cut, the utility lines and facilities
shall be installed/repaired/replaced as specifically shown in the
Township Standard Details.
6.
When a tunneling device is used to install the utility lines and
facilities, a minimum depth of 36 inches must be maintained from the
top of the utility line to the top of the roadway surface.
7.
When the utility lines are outside the roadway surface but still
in the right-of-way, a minimum depth of 24 inches must be maintained
from the top of the utility line to the top of the ground surface.
[Ord. 342, 7/17/1991; as amended by Ord. 656, 4/9/2015]
Upon receiving a favorable inspection by the Township Roadmaster,
backfilling shall follow immediately after installation of the facilities.
Required specifications for backfilling are outlined in the Township
Standard Details. Backfilling shall be compacted by vibrating or mechanical
tampers only and in layers of proper depth to ensure 95% compaction
measured by the Modified Proctor Test, ASTM D1557. Excess material
shall be promptly removed and the street surface hand-swept prior
to paving repairs.
[Ord. 342, 7/17/1991; as amended by Ord. 656, 4/9/2015]
1.
Temporary pavement repairs shall consist of the trench being backfilled
with 2A limestone at 95% Proctor density or approved equivalent as
listed in the general notes of the Township Standard Details and topped
with 3 1/2 inches of cold patch. In all cases, the permittee
is responsible to maintain temporary pavement repairs in good condition.
2.
Final pavement restoration shall be made only when weather conditions
are suitable as determined by the Township Roadmaster. All road crossings
trench restorations shall be carried out as shown in the Township
Standard Details. If, because of weather conditions or time of year,
temporary paving and 2A limestone are utilized, these temporary materials
must be removed to a depth of 13 1/2 inches below finished street
paving grade. All temporary materials shall be removed and replaced
with permanent repairs as soon as weather conditions permit. Any soft
or spongy spots shall be removed to form bearing, and replaced with
2A limestone as shown in the Township Standard Details and thoroughly
compacted. In any case, edges of the original paving shall be cut
back on a straight line so that not less than 3 1/2 inches of
undisturbed subgrade is exposed, forming a twelve-inch wide shoulder
or ledge along either side of the trench. Edges of the existing subbase
shall be neatly cut to expose a sound vertical face and fully excavated
to the required 13 1/2 inches (regardless of the depth of existing
street paving and base) at least 12 inches on each side of the trench
excavated for the utility line installation/replacement/repairs.
3.
Upon treating the cut edges of the original paving with PG 64-22
sealer, the final pavement repairs shall be performed as designated
in the Township Standard Details. Lastly, the joint where the new
pavement meets the original must be sealed with either PG 64-22 sealer
or E3 emulsion and dusted with sand.
4.
If any settlement in a restored area occurs within a period of two
years from date of completion of the permanent restoration, and permittee
fails to make such correction after notification, any expense incurred
by the Township in correcting such settlement shall be paid by the
permittee or recovered from his financial security, unless the permittee
submits proof satisfactory to the Township Roadmaster that the settlement
was not due to defective backfilling.
[Ord. 342, 7/17/1991; as amended by Ord. 656, 4/9/2015]
1.
Requirements for permanent repairs to surfaces other than bituminous
pavement will be determined by the Township in each specific case.
In general, final restorations in any case shall be equal to the original
surface.
2.
Sidewalks must be replaced to meet the criteria as shown in the Township
Standard Details. The joints between the last disturbed sidewalk slab
section and the first undisturbed section shall be saw cut and 1/4-inch
premolded expansion joint filler placed along both edges. Backfill
material shall be adequately compacted so that no shrinkage shall
occur and two inches of granular base material placed evenly. Prior
to pouring the concrete, the sidewalk subbase and forms must be inspected
and approved by the Township Roadmaster.
[Ord. 342, 7/17/1991; as amended by Ord. 656, 4/9/2015]
Wherever unusual conditions exist or arise during construction,
the Township Roadmaster may change the permanent restoration requirements
from those given herein. In all cases, marks of construction beyond
the area of actual trench shall be satisfactorily restored. In cases
where a substantial portion of the original roadway paving is removed
or damaged, thereby disturbing the envelope of the roadway, the Township
may require the permittee to resurface the entire street area, in
addition to constructing the final paving repairs over trench areas.
A "substantial portion" shall be defined as six openings or more within
a one-thousand-foot section of the roadway. The Township may also
elect to accept payment from the permittee to the Township for final
paving repairs, in a sum to be determined by the Township based upon
then-current costs for such work, plus 15%, and to apply the sum so
paid toward the cost of reconstruction of the entire street.
[Ord. 342, 7/17/1991; as added by Ord. 656, 4/9/2015]
No trees shall be planted by any person in the right-of-way
of any Township street, however, trees may be planted along the right-of-way.
[Ord. 342, 7/17/1991; as amended by Ord. 656, 4/9/2015]
1.
The Township Roadmaster or members of the Police Department may prevent
or restrain any work which is proceeding without benefit of a street
excavation permit or right-of-way occupancy permit. If this situation
occurs, the person, partnership or corporation performing the work
must immediately apply for a permit and must perform any task which
will ensure a safe condition for motorists and pedestrians as the
Township Roadmaster or Police Department may require. In addition,
a permit must be applied for and obtained before work can continue.
2.
The Township Roadmaster, upon discovery of a situation where work
is being performed on a site for which a permit has been issued and
where work is not in compliance with the provision of such permit
and/or this Part, may take corrective actions as he deems necessary
including, but not limited to, preventing or restraining any additional
work until any necessary repairs are completed. Under no circumstances
shall the job site be left in an unsafe or hazardous condition.
3.
In the event that the permittee does not take the necessary corrective
actions within the time frame the Township Roadmaster establishes,
the Township may utilize the performance security and take the necessary
measures to correct the problem.
[Ord. 342, 7/17/1991; as amended by Ord. 414, 4/13/1994,
§ 183-26; by Ord. 449, 6/19/1996; by Ord. 460, 4/9/1997;
and by Ord. 656, 4/9/2015]
Any person, firm, or corporation who shall violate any provision
of this Part, or fails to comply therewith, or with any of the requirements
thereof, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not less than $300 nor more than $1,000
plus costs, including reasonable attorney fees incurred by the Township,
and, in default of payment of said fine and costs, to a term of imprisonment
to the extent permitted by law for the punishment of summary offenses.
A separate offense shall arise for each day or portion thereof in
which a violation of this Part is found to exist and for each section
of this Part found to have been violated. The Township may also commence
appropriate actions in equity or other to prevent, restrain, correct,
enjoin, or abate violations of this Part. All fines and penalties
collected for violations of this Part shall be paid to the Township
Treasurer. The initial determination of ordinance violation is hereby
delegated to the Township Manager, the Police Department, the Code
Official, Township Roadmaster, the authorized designee of the Township
Manager, and their designees and to any other officer or agent that
the Township Manager or the Board of Supervisors shall deem appropriate.
