The following words, when used in this article,
shall have the meanings ascribed to them in this section, except in
those instances where the context clearly indicates otherwise:
PERSON
Includes any natural person, partnership, firm, association
or corporation.
STREET
Any Township street, highway or right-of-way located in the
Township of Rostraver.
It shall be unlawful for any person to open or make any excavation of any kind in any street in the Township without first securing a permit as provided in §
166-3.
Any person who desires to make any opening or excavation in any street in the Township or to construct, reconstruct or repair a driveway, entrance or approach on any part of a Township street shall make application to the Township Engineer or his agent. The application shall be made upon blanks to be furnished by the Township. Each application when executed and delivered to the Township Engineer or his agent or the Secretary, together with the permit fee set forth in §
166-4 and after issuance of the permit by the Township Engineer, shall constitute an agreement between the permittee and the Township which shall be a binding legal obligation upon both parties.
Before any permit shall be issued to open or
excavate any street in the Township or to construct, reconstruct or
repair a driveway, entrance or approach thereon, the applicant shall
pay to the Township Engineer a permit fee in the amount as set from
time to time by resolution of the Board of Commissioners. If the nature
of the work to be performed shall require, in the opinion of the Township
Engineer, an inspection of the work or the site either during or after
completion of the work, by the Township Engineer or his agent, the
cost of such inspection and other incidental services in connection
therewith shall be paid by the permittee. Whenever a property owner
requests a driveway opening permit, he shall post a cash bond in the
amount as set from time to time by resolution of the Board of Commissioners
per linear foot of driveway abutting the Township road. The bond will
be to guarantee full compliance with this article and shall be reimbursed
to the property owner when the installation has been approved by the
Township Engineer. If the installation is not approved, then the Township
Engineer shall give directions to the property owner. If the same
is not fully and properly performed in accordance with Township specifications,
then the Township shall have the work performed and the bond will
be applied to the cost thereof.
[Amended 9-21-2011 by Ord. No. 620]
Any person who opens, excavates, paves, cuts, installs driveways
over and across Township rights-of-way or who refills, resurfaces
or repaves Township streets in connection therewith shall perform
all such work in accordance with the General Provisions and Specifications
of Rostraver Township regulating occupancy and opening of Township streets, which are adopted as part of this chapter and Chapter
175 and are hereby adopted as the General Provisions and Specifications
of Rostraver Township in connection with the regulations of occupancy
of Township streets. Those General Provisions and Specifications may
be amended, modified and revised from time to time by the Board of
Commissioners and shall then be effective from the date of revision.
In the case of any leak, explosion or other
accident in any subsurface pipe, line, construction or apparatus,
it shall be unlawful for the person owning or responsible for that
pipe, line, construction or apparatus to commence an excavation to
remedy the condition before securing a permit, provided that application
for a permit shall be made immediately and not later than the next
business day thereafter, and that all other provisions of this article
are fully complied with. If any such emergency condition shall not
be immediately attended to by the owner or person responsible for
that pipe, line, construction or apparatus, the Township Engineer
or his agent, after such notice as he shall deem necessary under the
circumstances of the particular case, shall proceed to do the work
necessary and required by the emergency and charge the same on the
basis of costs plus 20% to such owner or person.
Payment for all work done by the Township under
the provisions of this article shall be made by the person made liable
therefor under the provisions of this article within 30 days after
a bill therefor is sent to that person by the Township. Upon failure
to pay those charges within that time, the same shall be collectible
by the Township in the manner provided by law for the collection of
municipal claims.
Any person, whether as principal, agent or employee,
violating any provision of this article shall, upon conviction thereof,
be sentenced to pay a fine of not less than $50 or more than $600
and costs of prosecution and, in default of payment of fine and costs,
to imprisonment for not more than 30 days. Each violation of any provision
of this article, and each day the same is continued shall be deemed
a separate offense.
The permit form of the Township shall be that
approved by the Board of Commissioners and shall be a three-part permit
with Part A to be issued the property owner after approval; Part B
to be retained by the Township for its records; and Part C to be issued
to the property owner and returned to the Township after completion
of the installation.