The following words, when used in this article, shall have the
meanings ascribed to them as follows:
PERSON
Includes both singular and plural and shall apply to any
natural person, partnership, firm, association or corporation, including
public utility companies.
STREET
Any public street, avenue, road, alley, highway or other
public place located in the Township of Unity and established for
the use of vehicles, or any length, part or portion thereof, including
those portions, paved and unpaved, of rights-of-way forming a part
of the Unity Township public road system.
UTILITY SERVICE LINES
Pipelines, cables and the like installed primarily to provide
utility services to properties abutting on the street where said lines
are installed.
UTILITY TRANSMISSION LINES
All pipelines, cables and the like installed primarily to
transmit energy or other products from one place to another without
its primary goal being to provide utility services to properties along
which said lines pass.
It shall be unlawful and a violation of this article for any
person to open or make any excavation in any street in the Township
of Unity without first securing a permit therefor as hereinafter provided.
Before any permit is issued to open or excavate any street in
the Township, the applicant shall pay a permit fee in an amount as
may be fixed and determined by a duly adopted resolution of the Board
of Supervisors to cover the costs of inspection and other incidental
services in connection therewith. Before any permit is issued, the
application, as hereinabove set forth, shall be reviewed by the Township
Engineer, who shall determine the amount of financial security to
be posted to cover the proper restoration of the area to be disturbed
by the applicant. The amount of financial security determined by the
Township Engineer shall be conditioned upon the faithful performance
of all requirements and the prompt payment of all costs set forth
in this article. Such financial security shall be furnished prior
to, and as a condition of, the granting of the permit hereunder.
All work in connection with the openings in any street, including
the excavation, protection, refilling, temporary paving or permanent
paving, shall be done by the applicant at their own expense, subject
to the supervision and approval of the Township Engineer. The Township
Engineer may require that the cutting of the surface of an approved
street and backfilling of all excavations therein shall be done by
the Township or its designee, and that the charge therefor shall be
paid by the applicant on the basis of the actual costs of the work
plus 20%. Applicants shall reimburse the Township for any engineering
costs it incurs relating to the work performed by applicants. The
financial security posted by the applicant shall remain in place for
a period of three years following the completion of the backfilling
and surface restoration, and may be released thereafter provided the
Township Engineer has submitted a certificate approving the work of
the applicant and the Township has received all costs or payments
required to be paid by the applicant.
Nothing contained herein shall be interpreted to mean that any
use of the streets and the roads of Unity Township may be made by
anyone other than a licensed utility company registered with the Pennsylvania
Public Utility Commission or some equivalent licensing agency for
the purpose of installing utility service lines in the streets of
Unity Township. No opening or excavation in any street of Unity Township
shall be made by any licensed utility company or its equivalent for
the installation of utility transmission lines without the prior written
approval of the Township. Said permission to install utility transmission
lines may be denied by the Board of Supervisors of Unity Township
for good cause, including the desire to obtain money damages for the
Township's loss of use of any rights-of-way occasioned by the
installation of the utility transmission lines. Furthermore, Unity
Township may deny to any person the right to make any excavation into
or on any street in the Township when the same is deemed to be adverse,
or presents a danger to, the public health, safety and welfare. Furthermore,
nothing contained herein shall be deemed to prohibit property owners
from connecting onto public utility lines already existing in any
streets of Unity Township abutting on the properties thereto; provided,
however, that a permit is obtained in conformity with this article.
In the event the Township is required to perform work under
this article, payment for same shall be made by the person whose failure
occasioned the Township's performance within 30 days after a
bill is presented to such person by the Township. Upon failure to
pay such charge within such time, the same may be collected by the
Township in any manner provided by law.
Any person who violates the provisions of this article shall
be subject to a penalty of not less than $300 nor more than $600 together
with all costs, expenses and attorneys' fees incurred in the
prosecution of same. Each day that a violation continues to exist
shall be a separate violation of this article and subject the violator
to a separate penalty as set forth herein. In addition to the payment
of any fine hereunder, the Township may enforce the terms of this
article, and any rights conferred upon the Township under same, through
any action, at law or in equity, available for the enforcement of
same. In addition to the recovery of any costs, damages, penalty,
or the receipt of equitable relief, the Township shall be entitled
to recover all costs, expenses and attorneys' fees incurred in
any proceedings to enforce any right, duty or obligation under this
article.