In accordance with the provisions of the Second Class Township
Code, 53 P.S. § 67322, as amended, no railroad or street
railway shall be constructed upon any Township road, nor shall any
railroad or street railway crossings, driveway connections, 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 other obstructions be erected upon, in or border under, any
portion of a Township road right-of-way except under conditions, restrictions
and regulations specified in permits granted by the Township for that
purpose; provided, however, that no permit is required in advance
for emergency repairs necessary for the safety of the public or the
restoration or continuance of public utility service or other public
service, but application for the permit and the required fees shall
be submitted on the first regular business day of the Township thereafter.
Any emergency repairs made in accordance with this section shall still
comply with all of the specifications and standards as set forth in
this article and other applicable law.
As used in this chapter, unless the context clearly indicates
otherwise, the following terms shall have the meanings indicated:
APPLICANT
Any person who makes application for a permit.
EMERGENCY
An unforeseen occurrence or combination of circumstances
which calls for immediate action or remedy.
ENGINEER
The Township Engineer or his or her authorized representative.
PAVEMENT
The combination of subbase, base course and surface course
played on a subgrade to support the traffic load or to distribute
it to the roadbed, or both.
PERMIT
A street opening permit issued by the Township to an owner
of a utility or facility located within a Township street right-of-way.
PERMITTEE
Any person who has been issued a permit and has agreed to
fulfill all the terms of this chapter.
PERSON
A natural person, firm, partnership, association, corporation,
authority or political subdivision.
STREET
Any and all streets, roads, highways and alleys within or
abutting the Township, for the full width thereof from property line
to property line, including pavement, curbs, walks, lawns and other
facilities usually found within the right-of-way lines; provided,
however, that state highways shall not be streets within the provisions
of this chapter.
The application for a permit shall be made on a form provided
by the Township, and shall be submitted to the Township in duplicate
not less than 10 working days prior to the commencement of work. No
work shall be commenced until the Township has approved the application
and issued a permit. The application shall be accompanied by an accurate
drawing clearly showing such dimensions as the location and depth
of the intended facility, the width of the travelled road, the right-of-way
lines and a dimension to the nearest intersecting street.
An applicant may be required to make a deposit or provide a
bond, and must produce certificates of insurance at the time of the
issuance of the street opening permit, as follows:
A. Bonds. All persons who desire to open a street, except contractors contracted by the Township, shall be required to furnish a properly executed letter of credit or a cashier's check. Persons such as public utility companies who or which anticipate the opening of streets on a more frequent basis may provide bonding on a yearly basis. The value of the actual street openings, however, may not exceed 75% of the yearly bond amount. If the seventy-five-percent figure is exceeded, the amount of the bonding shall be required to be increased accordingly. All such bonds shall be required to be in effect for the duration of the work and for the 36 months thereafter. The amount of the bond shall be determined by the Township Engineer or his authorized representative and shall comply with Subsection
B of this section.
B. Maintenance bond.
(1) The applicant shall post a three-year maintenance bond for work as
outlined in the permit application.
(2) The amount of the bond shall be equal to the cost of the construction
work within the Township right-of-way plus 10%. The bond amount shall
be approved by the Township Engineer or his authorized representative.
(3) The bond shall be in the form of a cashier's check or letter
of credit.
(4) If during the three-year period the Township is required to use any
portion of the bond, the applicant shall restore the bond to its original
value, within 10 days of the Township withdrawing the funds from the
bond.
By accepting the permit, the applicant agrees to perform the
work in accordance with the terms and conditions of the permit and
of any special conditions which may be attached thereto and to save
the Township, its officers, employees and agents from any costs, damages
and liabilities which may accrue by reason of the work.
Every permit issued hereunder shall expire at the end of six
months from the date of issuance. If the permittee shall be unable
to complete the work within the specified time, the permittee shall,
prior to expiration of the permit, present in writing to the Township
a request for an extension of time, setting forth therein the reasons
for the requested extension. If, in the opinion of the Township, such
an extension is necessary, the permittee may be granted additional
time for the completion of the work.
Any permit issued hereunder may be revoked by the Township after
notice for violation of any condition of the permit or any ordinance
of the Township including, but not limited to, completing the work
as set forth in the time constraints contained in the permit or performing
the work in accordance with the specifications as set forth in this
article and the permit.
Unless specifically permitted by the Township:
A. No road opening shall be made within three years of construction,
reconstruction, reconditioning or newly applied pavement surface.
B. No road opening shall extend across more than 1/2 of the cartway
at one time.
C. Two-way traffic shall be maintained at all times. If the road must
be closed, the permittee must submit, in writing, why it must be closed.
A detailed detour map, including signs to be installed, shall be submitted.
D. Access to driveways and/or buildings abutting the street shall be
maintained, where possible.
E. Not more than 250 linear feet of any street shall be opened at any
one time.
When required by the Township, record drawings shall be submitted
by the applicant to the Township.