[Adopted 8-12-1974 by Ord. No. 15]
As used in this article, the following terms shall have the meanings indicated:
DRIVEWAY
Any private road or means of entry or exit adjacent to or abutting a Township road intended or available for access to Township road.
PERSON
Individual, partnership, corporation, municipal corporation, or authority, or any utility public or private.
PLAN
Plan of sketch of work showing dimensions such as location of facility or intended facility requiring opening or disturbing road, width of traveled roadway, right-of-way lines, and dimension to nearest intersecting road; and where required for purposes of this article, profile of grades, depths of materials, utility poles, cuts and fills, and obstacles and structures inhibiting observation.
ROAD
Any road, street, alley or way accepted by Township.
WORK
Work required or performed in opening, construction, tunneling, excavating, disturbing, altering, or modifying Township road.
A. 
In accordance with the provisions of Section 1156 of Article XI of the Second Class Township Code,[1] as amended, no railroad or street railway shall hereafter be constructed upon any Township road, nor shall any railroad or street railway crossing, 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 purpose.
[1]
Editor’s Note: See now 53 P.S. § 67322.
B. 
The application for a permit shall be on a form prescribed by the Township and submitted to the Township in triplicate. 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. 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 the dimension to the nearest intersecting street.
C. 
A permit shall be issued to the applicant after all the aforementioned requirements have been filed.
D. 
Upon completion of the work, the applicant shall give written notice thereof to the Township.
E. 
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. 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 costs thereof, together with an additional 20% of such costs.
A. 
Any person opening or disturbing any road shall backfill any resulting opening or excavation by filling with modified stone. Where macadam has been disturbed, backfilling shall be accomplished with modified stone within eight inches, with six inches of concrete thereon, and with a two-inch cap of macadam.
B. 
Where macadam is disturbed, excavation or opening shall be made by a clean cut with a jackhammer or similar instrument.
C. 
Where surface course is disturbed, a return will be excavated eight inches deep and six inches wide from the perimeter of excavation.
D. 
In addition to road occupancy permit fees, application shall be accompanied by fee of $35 where applicant elects to have Township place macadam after backfilling and capping where required by applicant, where opening is 33 feet or less of lineal feet nor more than three feet wide, with additional fee of $3 per square yard over 33 feet.
E. 
At time of application, applicant shall elect to place macadam or to have Township place macadam after required backfilling, in which event placement of macadam by Township upon request of applicant shall not constitute or be construed as a waiver by Township or state by Township as agent or implied agent of obligation of applicant to replace, maintain and restore the work during a two-year period following completion of restoration work, where there is subsequent failure of the surface, in accordance with Act of May 1, 1933, P.L. 103, Section 1156, as amended, 53 P.S. § 66156.[1]
[1]
Editor’s Note: See now 53 P.S. § 67322.
A. 
No person shall construct, improve, modify or alter in any way a driveway, in the area where said driveway enters a Township road, without first obtaining a road occupancy permit and complying with this article and regulations issued hereunder.
B. 
Any driveway presently constructed or constructed hereunder shall be maintained in compliance with this article and regulations issued hereunder.
C. 
An application for a road occupancy permit for driveway work shall be made on the form provided by the Township by the owner or other authorized person holding a legal interest in the property and shall be accompanied by payment of the permit fee as established by the Board of Supervisors by resolution from time to time.
[Amended 3-10-2007 by Ord. No. 2007-1]
D. 
At point of entry of driveway into road right-of-way and paved or improved portion thereof, the surface and grade of road shall not be altered; no material of any kind, temporary or permanent, shall be placed within the improved portion of the road or gutter where the paved or improved area meets the berm; and the work shall not interfere with maintenance, snowplowing and drainage.
E. 
Where a curb must be intersected, entry shall be by a coped return.
F. 
Within 20 days after submission of an application for road occupancy permit for driveway, Board shall approve or disapprove with reasons and send by ordinary mail notice of action to applicant. Upon approval, notice shall be given by applicant as set forth above and road superintendent shall inspect work to ensure compliance with approved application, entering approval of work on both Township’s copy and applicant’s copy.
A. 
Any person who shall violate any provision of this article shall be liable, upon summary conviction for a first offense and upon summary conviction for each subsequent offense, to a fine not exceeding $300 for each violation, together with costs of prosecution in each case. Upon judgment against any person by summary conviction or by proceedings by summons on default of payment of fine or penalty imposed and costs, defendant may be sentenced and committed to the County Prison for a period not exceeding 30 days.