[HISTORY: Adopted by the Board of Supervisors of the Township of Lehigh as indicated in article histories. Amendments noted where applicable.]
Subdivision and land development — See Ch. 147.
Article I Construction Procedures
Article II Openings and Excavations
[Adopted 2-12-1980 as Art. 901 of the 1980 Code of Ordinances]
No person shall construct any road, street, alley, curbing, sidewalk, driveway or other public or private cartway within any right-of-way of any Township road or property without first submitting appropriate plans and obtaining all necessary permits, approvals and clearances from the Board and other appropriate local or state agencies.
Said Chapter 147, Subdivision and Land Development, establishes all necessary procedures and requirements for submission and review of construction plans, and sets forth design criteria and improvement standards, and prescribes the administrative procedures governing implementation of said plans.
Penalties for violation of this article shall be as provided in Chapter 1, General Provisions, Article II.
[Adopted 6-17-1974 by Ord. No. 1974-1; amended in its entirety 2-12-1980 as Art. 905 of the 1980 Code of Ordinances]
No railroad or street or railway crossings shall be constructed upon any Township road, nor shall any railroad or street railway crossings, nor any gas pipe, water pipe, electric conduits, or other piping, be laid upon or in, nor shall any telephone, telegraph, or electric light or power poles, or any coal tipples, or any other obstructions be erected upon or in, any portion of a Township road except under such conditions, restrictions and regulations relating to the installation and maintenance thereof as may be prescribed in permits granted by the Township for such purposes.
The application shall be accompanied by a fee in accordance with the Schedule of Fees set forth by the Department of Transportation for highway occupancy permits and restoration charges.
Before said permit is issued the Township may require the applicant to pay, in addition to the fee set forth in Subsection B, an additional deposit based on the estimated cost of restoring such cut or opening or excavation, said deposit to be refunded upon proper restoration in accordance with the provisions of § 142-7 below.
In lieu of such deposit the Township reserves the right to require the applicant to post bond or other suitable security for any purpose for which the permit is applied and to impose any terms the Township deems reasonable and necessary.
In addition, the applicant shall submit three copies of a sketch showing such dimensions as the location of the intended facility, width of the traveled roadway, right-of-way lines and a dimension to the nearest intersecting street.
A permit shall be issued to the applicant only after all the aforementioned requirements have been fulfilled.
The applicant shall give written notice to the Township within five days of completing the work.
Upon 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. In addition to that inspection, the Board of Supervisors or its agents may reinspect the work not more than two years after its completion, and if any settlement of the road surface or other defect appears in the work contrary to the conditions, restrictions and regulations of the Township, the Board of Supervisors may enforce compliance therewith.
Where any settlement or defect in the work occurs, if the applicant shall fail to rectify any such settlement or other defect, within 60 days after written notice from the Township to do so, the Township may do the work and shall impose upon the applicant the cost thereof, together with an additional 20% of such cost.
In the event that any work performed by or for a permit holder shall, in the opinion of the Township Engineer or Supervisor, be unsatisfactory and the same shall not be corrected, in accordance with his instructions within the time fixed by him, or in the event that the work for which the permit was granted is not completed within the time fixed by the Township, the Township may proceed to correct such unsatisfactory work or complete any such work not completed, and charge the applicant on a cost plus basis as established by the Board, and in the manner prescribed in Subsection B above, said charges may be exercised against the deposit or the bond, as the case may be, as set forth in § 142-4 above.
In case of an emergency arising at night, Sundays, legal holidays or at such times as the Township office is closed and an immediate excavation may be necessary for the protection of public or private property, the same shall be reported to the Bureau of Police, which shall grant permission to make the necessary excavation, upon the express condition that an application be made to the Township Secretary/Treasurer on or before 12:00 noon of the next following business day, and that all other provisions of this article are complied with.
If any such emergency condition shall not be rectified within 48 hours by the owner or person found to be responsible for such pipe, line, construction or apparatus, the Township shall proceed to do the work necessary and required by such emergency, and charge the same on a cost plus basis as established by § 142-7 above.