[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.
A.Â
The application for a permit shall be on a form prescribed
by the Township and submitted to the Township in duplicate.
[Amended 5-13-2003 by Ord. No. 2003-1]
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
A.Â
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.
[Amended 5-13-2003 by Ord. No. 2003-1]
B.Â
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.
C.Â
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.
A.Â
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.
B.Â
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.
[Amended 5-13-2003 by Ord. No. 2003-1]
