[Adopted 5-30-1974 as Ord. No. 14]
[Amended 1-24-1994 by Ord. No. 49; 7-3-2017 by Ord. No. 2017-02]
The Second Class Township Code,[1] except as otherwise provided under statute governing public
utilities, having conferred unto townships of the second class the
right to require permits and set conditions, restrictions and regulations
for obstructions to be erected upon or in any portion of a township
road, it is hereby declared necessary for the protection, benefit
and safety of the general traveling public and the inhabitants of
Straban Township to adopt a system of permits, fees, conditions, restrictions
and regulations for the opening or excavating of the right-of-way,
railroad construction and the installation of subsurface, surface
or overhead wires or structures.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
For the purposes of this article, the following
words and phrases shall have the meaning ascribed to them, as set
forth in this article:
The Board of Supervisors, Straban Township.
Includes but is not limited to railroad, street railway construction
or crossings; gas, water, petroleum, drain or other pipes or tubing;
electric, telephone, television conduits, wiring, piping and/or poles
and other overhead construction or obstructions, laid beneath, in
or across the road right-of-way.
Any individual, firm, partnership, company, corporation,
trustee, association or private entity.
Straban Township, Adams County, Pennsylvania.
The legal right-of-way or any ordained township road.
Any feature from an underground utility, including, but not
limited to, water, sewer, electric, telecommunications, and gas utilities,
that extends to the ground surface and is installed in a manner that
is level with, depressed below, or elevated above the surrounding
grade. Examples shall include, but not be limited to, manholes, valves,
access vaults, valve boxes and cleanouts.
[Added 7-3-2017 by Ord.
No. 2017-02]
A.
No person shall construct any railroad or street railway,
place any gas, water, petroleum, drain, electric, telephone, television
or other pipe, tubing or conduits beneath, in, on or across, nor shall
any telephone, telegraph, television or electric light wires or poles
or any other structures or obstructions be erected on, in or over
any township road, except under such conditions, restriction and regulations
relating to the installation and maintenance thereof, as may be prescribed
in permits granted by the township for such purposes.
B.
The application for a permit shall be made on a form
prescribed by the township, and shall be submitted to the Township
Secretary, in triplicate, accompanied by an equal number of copies
of a sketch or drawing, showing information as to location of the
facility, in relationship to the nearest intersecting road, widths,
depths, right-of-way lines and other pertinent information. The application
shall be accompanied by a fee in accordance with the Schedule of Fees
as may from time to time be adopted by the Pennsylvania Department
of Transportation and applicable to highway occupancy permits.[1]
[1]
Editor's Note: Current fees are on file in
the office of the Township Secretary and are available for public
inspection during regular business hours.
[Added 7-3-2017 by Ord.
No. 2017-02[1]]
A.
Underground
utility surface appurtenances shall not be located within the paved
cartway and shoulder of existing Township roadways, proposed roadways
to be dedicated to Straban Township, or proposed private roadways.
B.
In the
event that all underground utility surface appurtenances cannot be
practically located outside of the paved cartway and shoulder, the
following shall apply:
(1)
The
location of these appurtenances must be approved by the Straban Township
Board of Supervisors and the Straban Township Roadmaster.
(2)
The
appurtenance must be installed flush with the roadway grade or depressed
no more than 1/4 of an inch below the roadway grade.
(3)
Upon
notification by Straban Township, the utility company shall, at its
own cost, adjust the appurtenances within the roadway and shoulder
in the event the roadway is repaved or if the Township determines
adjustments are needed to the elevation of the appurtenances.
C.
Underground
utility surface appurtenances located outside of the paved cartway
and shoulder but within the Straban Township right-of-way shall be
subject to the following criteria:
(1)
As
part of the roadway occupancy permit, a plan must be submitted to
Straban Township depicting the location of all proposed underground
utility surface appurtenances. The location of all appurtenances outside
of the paved roadway shall be approved by the Township.
(2)
All
underground utility surface appurtenances shall be installed flush
to existing grade or below grade to reduce potential for being hit
by plowing, grading, or mowing equipment.
(3)
At
no time shall surface appurtenances be located in a manner that impedes
on drainage patterns within existing roadside swales, gutters, or
ditches.
(4)
Straban
Township reserves the right to require flexible markers to be installed
to mark the location of underground utility surface appurtenances.
(5)
Any
repairs to damaged underground utility surface appurtenances that
were installed after the effective date of this section and were not
installed in accordance with this section shall be the responsibility
of the utility company that owns said appurtenances. This includes
damage to the appurtenances that result from normal roadway maintenance
activities (plowing, mowing, grading, etc.).
A.
Upon completion of the work, the permittee shall give
written notice to the township.
B.
Inspection of the completed work shall be made by
the Board of Supervisors or its authorized representative. When conditions
are found not in accordance with the permit, then the township shall,
in writing, notify the permittee of the noncompliance and request
remedy within 60 days. If the permittee fails to rectify the defect
within 60 days, then in such case, the township may do the work and
shall impose upon the permittee the cost thereof, together with an
additional 20% of such costs.
[Amended 1-24-1994 by Ord. No. 49]
[Amended 1-24-1994 by Ord. No. 49]
Any person violating this article shall, upon
a summary conviction before a District Justice, be sentenced to pay
a fine of not more than $1,000 and costs of prosecution, or shall
undergo imprisonment for not more than 30 days, or both.
