§ 145-3Permits; applications.
No Township public roadways of the Township of Daugherty shall be opened or cut by any person, firm, corporation or utility without first securing a permit in accordance with the following provisions:
Permit to be secured from the Pennsylvania Department of Transportation on state roads.
In accordance with the provisions of 53 P.S. §§ 67321 and 67322, Article XXIII of the Second Class Township Code, as amended, no railroad or street railway shall hereafter 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, cable television or electric light or power poles, or any coal tipples or any other obstructions be erected upon or in any portion of a public roadway except under such conditions, restrictions and regulations relating to the installation and maintenance thereof, as follows:
Deposit. (Form of deposit as approved by the Township Solicitor and the amount to be set by the Township Engineer.) Applicant shall deposit with the Township Secretary, prior to obtaining a permit, a sum which shall be the greater of the sum of $100 or the current prevailing cost of repair or replacement, as determined by the Township Engineer. The deposit shall be paid at the time the permit is received, and the deposit shall be used to reimburse the Township for the cost of any work and/or materials furnished by it in the event the permittee fails to restore the opening properly according to the Township specifications. The Township shall waive this requirement insofar as it pertains to a public utility company if such company files with the Township its corporate bond or other surety in a form satisfactory to the Township Solicitor, conditioned upon the payment to the Township of all costs which would otherwise be covered by and paid out of such a deposit. In the event any public utility company elects to file such a bond, the Township shall bill such company monthly for such costs as they accrue or they shall be paid at the time of securing each permit.
Form of deposit. The deposit may be either in the form of a certified, treasurer's or cashier's check or in lawful money of the United States.
Insufficient deposit. If any deposit is less than sufficient to pay all costs, the permittee shall, upon demand, pay to the Township an amount equal to the deficiency. If the permittee fails or refuses to pay such deficiency, the Township may institute an action to recover the same in any court of competent jurisdiction. Until such deficiency is paid in full, no additional permits shall be issued to such permittee.
Yearly deposit. Whenever any public utility or municipal authority, if it does not elect to file a corporate bond as provided in Subsection B(1) of this section, shall anticipate more than one street opening or excavation per calendar year, such public utility or municipal authority may post one deposit in an amount and form as provided herein for the calendar year or part thereof to cover the cost of any and all work.
Refund of deposit. Upon notification by the permittee that all work authorized by the permit has been completed, and after verification that satisfactory restoration of the opening has occurred, the Township Secretary shall refund to the permittee his deposit less all costs incurred by the Township in connection with said permit. In no event shall the permit fee be refunded.
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 Daugherty Township Board of Supervisors. 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 after all the aforementioned requirements have been filed.
Upon completion of the work authorized by the roadway opening permit, the applicant shall give written notice thereof to the Township, whereupon the Township Engineer shall inspect the work and, when necessary, recommend the further compliance of 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 all costs associated therewith plus an additional 20% of such costs for administrative expenses.
Enforcement of these provisions shall be the responsibility of the Daugherty Township Police Department or the Zoning and Codes Officer.
Violation of roadway opening provisions. Any person, firm, utility or corporation convicted of a summary offense in violation of this article of this chapter shall pay a minimum fine of $500 per day for each day that the violation exists, plus all filing and court costs.
