[Ord. 3, 5/8/1959, § 1]
1.
PERSON
ROAD
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:
Any natural person, partnership, firm, association or corporation.
Any public street, road, highway, or other public place located
in the Township and maintained by the Board of Supervisors of the
Township and established for the use of vehicles.
2.
In this article, the singular shall include the plural, and the masculine
shall include the feminine.
[Ord. 3, 5/8/1959, § 2]
It shall be unlawful for any person to open or to make any excavation
of any kind in any road in the Township without first securing a permit
therefor as hereinafter provided.
[Ord. 3, 5/8/1959, § 3; as amended by A.O.]
Any person who shall desire to make any opening or excavation
in any of the roads in the Township shall make application to the
Public Works Department using the adopted road opening permit application
form for the purpose. Such application shall set forth the name of
the applicant, the exact location of the proposed opening or excavation
and the approximate size or depth thereof and shall contain an agreement
on the part of the applicant that the work shall be done in full compliance
with the provisions of this article and that the applicant shall well
and truly save, defend and keep harmless the Township from and indemnify
it against any and all actions, suits, demands, payments, costs, and
charges for or by reason of the proposed opening or excavation and
all damages to persons or property resulting in any manner therewith
or occurring in the prosecution of the work connected therewith, or
from any other matter, cause or thing relating thereto.
[Ord. 3, 5/8/1959, § 4; as amended by Ord. 2004-07, 12/7/2004, § 1; and by A.O.]
Before any permit shall be issued to open or excavate any road
in the Township, the applicant shall pay to the Township a permit
fee and any associated escrow, in an amount as established from time
to time by resolution of the Board of Supervisors, to cover the costs
of inspection and other incidental services in connection therewith.
When application shall be made to open or excavate any longitudinal
opening or excavation in excess of 10 feet, before any permit shall
be issued so to open or excavate, the applicant shall pay, in addition
to such minimum fee, an additional fee, at the rate in amount as established
from time to time by resolution of the Board of Supervisors, to open
or excavate upon such road.
[Ord. 3, 5/8/1959, § 5; as amended by Ord. 2004-07, 12/7/2004, § 1]
Any person who shall open or excavate any road in the Township
shall backfill all trenches as promptly as is consistent with noninjury
of the work performed therein and temporarily pave the road to resume
normal traffic.
A.
Temporary Paving. The trench shall be filled and properly tamped
up to the level of the base of the paving.
[Amended by A.O.]
B.
Permanent Paving. At the expiration of the two-month period of temporary
paving, or in a shorter period if so directed by the Public Works
Director or the Board of Supervisors, the permanent paving shall be
put down. This permanent paving shall be maintained for a period of
12 months after completion.
[Amended by A.O.]
C.
The base course for permanent paving shall consist of new crushed
stone base, conforming to the requirements of No. 3A or No. 4 coarse
aggregate and No. 1 fine aggregate in Section 2.6 of the current specification
of the Pennsylvania Department of Transportation, thoroughly rolled
to a compacted depth of six inches, to a level of two inches below
the finished road surface. A two-inch, two-course premixed wearing
surface, conforming to the requirements of Section 5.9 (ID-2) or Section
5.14 (HE) of the current specifications of the Pennsylvania Department
of Transportation. Edges of existing paving surface shall be cut sharp
and straight, no feather edging will be permitted, before applying
the wearing surface courses. Each course of wearing surface shall
be thoroughly rolled and compacted to one-inch thickness, and the
top course shall be rolled even with the existing paving.
[Ord. 3, 5/8/1959, § 6; as amended by A.O.]
All work in connection with openings in any road, including
excavation, protection, refilling, and temporary paving, shall be
done by the applicant at his expense, and all such work shall be subject
to the provisions of this article and to the supervision and approval
of the Public Works Director.
[Ord. 3, 5/8/1959, § 7; as amended by A.O.]
In the event that any work performed by or for a permit holder
shall, in the opinion of the Public Works Director, be unsatisfactory
and the same shall not be corrected in accordance with their instructions
within the time fixed by them, or in the event that the work for which
the permit was granted is not completed within the time fixed by the
provisions of this article, the Township may proceed to correct such
unsatisfactory work or complete any such work not completed and charge
the cost thereof, plus 20%, to the applicant, which charge shall be
made against the amount deposited under the provisions of this article.
[Ord. 3, 5/8/1959, § 8; as amended by A.O.]
The Public Works Director shall, within 90 days after the approval
of the work for which the permit was issued, refund the unused portion
of the escrow deposit paid by the applicant.
[Ord. 3, 5/8/1959, § 9]
Payment for all work done by the Township under the provisions
hereof shall be made by the person liable therefor when notice thereof
is sent to such person by the Township.
[Ord. 3, 5/8/1959, § 10; as amended by Ord. 97-4-15, 4/15/1997, § 2; and by Ord. 2004-07, 12/7/2004, § 1]
Any person, whether as principal, agent or employee, violating
or assisting in the violation of any provision of this article, upon
conviction thereof in an action brought before a Magisterial District
Judge in the manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure, shall be sentenced
to pay a fine of not less than $10 nor more than $1,000, plus costs,
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
