[HISTORY: Adopted by the Board of Commissioners of the Township of
Wilkins 11-8-1982 as Ord. No. 697. Amendments
noted where applicable.]
No public utility corporation shall place, replace or remove any aerial
surface or subsurface public utility facility which requires a subsurface
opening in any street surface or right-of-way in the township streets, places
or ways without first applying for and obtaining a permit from the Ordinance
Enforcement Officer of the Township of Wilkins.
Prior to the issuance of any permit, the public utility shall complete
and execute a permit application which shall reasonably describe the facility
involved, the location of the same and the reason for the placement, replacement
or removal of the facility. Permit fees shall be set by resolution of the
Board of Commissioners.[1]
[1]
Editor's Note: The current fee resolution is on file in the office
of the Township Manager.
A.
No facility which is located underground shall be relocated
on or over the surface of the ground except upon a showing that such relocation
is required by public health, safety or welfare.
B.
No permit for this purpose shall be issued by the Ordinance
Enforcement Officer except after approval of the Board of Commissioners after
a public hearing.
The Ordinance Enforcement Officer shall issue a permit in all other
cases except when, after reasonable investigation by said officer, it appears
that:
A.
The proposed facility will endanger the health or safety
of motorists or pedestrians by reason of a location creating exposure to gas
fumes, electric shock, impalement or explosion.
B.
The proposed location will interfere with the unobstructed
view of motor vehicle operators at street intersections or curves.
C.
The proposed facility is located within seven feet of
the cartway of any township street.
Any person or corporation having standing so to do may request a hearing
on the grant or refusal to grant a permit, in which case the Board of Commissioners
shall conduct a hearing under the Local Agency Law.
Any person or corporation violating the provisions of this chapter shall,
upon conviction, pay a fine to the township for each and every separate offense
a sum of not more than $1,000, plus costs of prosecution, and, in default
of payment of the fine and costs of prosecution, shall be committed to the
county jail for a period not exceeding 30 days. Each day's violation
of this chapter shall constitute a separate offense.
