[HISTORY: Adopted by the Board of Commissioners of the Township
of Aleppo as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-13-1998 by Ord. No. 193]
A.
Permit required. It shall be unlawful for any person, firm, corporation
or utility to make, enlarge or modify any opening or excavation of
any kind in or under the surface of any street within the Township
of Aleppo, except under such conditions and regulations relating to
the installation and maintenance, without first securing a permit
in accordance with the provisions of this article.
B.
Emergency openings/cuts.
(1)
No pipes, lines or other underground facilities shall be laid upon
or in any portion of a public roadway without a permit; provided,
however, that any maintenance of such pipes, lines, or underground
facilities, when emergency circumstances demand the work to be done
immediately, may proceed without a permit. In such cases where emergency
openings are necessary, the Township shall be notified prior to such
openings in one of the following manners:
(2)
The person, firm, corporation or utility shall apply for a permit
on the first regular business day on which the Township offices are
open to the public, and such permit shall be retroactive to the date
when the work was begun.
A.
Permit required. It shall be unlawful for any person, firm, corporation
or utility to make, enlarge or modify any connection of any kind to
any Township street or road, except county and state roads, within
the Township of Aleppo without first securing a permit in accordance
with the provisions of this article.
B.
Access. Access to Township streets and roads shall:
(1)
Be designed so that the grade at the intersection with the street
or road will not cause a vehicle to drag or hang up.
(2)
Be designed so that no portion of any driveway shall exceed a grade
of 15% unless approved by the Township.
(3)
Be reviewed by the Township Police Department, in addition to the
Township staff and Engineer.
(4)
Provide the maximum amount of site distance, in each direction, as
possible; the acceptable site distance will be as determined by the
Township Police Department.
A.
Limits.
(1)
No work of any kind shall be performed beyond that which has been
authorized by the permit. If the permittee desires to perform additional
work, not in excess of an amount greater than 10% of the amount initially
approved, the permittee may apply to the Township for an amended permit
for the additional work. The bond or deposit submitted with the original
permit shall be deemed to cover any such additional work.
(2)
If the additional work desired to be performed by the permittee exceeds
10% of the amount in the original permit, an application for a new
permit shall be made. Additional application fees shall accompany
the new application; however, the bond or deposit posted with the
original permit shall be deemed to cover any such additional work
as may be added.
B.
Time limitations.
(1)
Work for which a permit has been issued shall commence within 30
days after issuance of the permit. The permit shall automatically
expire on the 31st day unless the permittee applies for an extension
of time within which to commence work. If such an extension is granted,
the original permit shall remain in force for the period of time specified
in the extension.
(2)
Permits which terminate by reason of failure to commence work within
30 days, or within any extension of time granted, may be renewed only
upon the payment of an additional permit fee as required.
(3)
If the Township determines that failure to complete the work under
the permit within the time specified was due to circumstances reasonably
beyond the control of the permittee, and not contrary to the public
interest, the permittee may be granted additional time for the completion
of the work.
C.
Revocation of permits.
(1)
Any permit may be revoked by the Township, after notice to the permittee,
for:
(a)
Violation of any condition of the permit or of any provision
of this article;
(b)
Violation of any other applicable provision of the Municipal
Code, or any laws relating to the work;
(c)
Existence of any condition or the doing of any act constituting
or creating a nuisance or endangering the life or property of others.
(2)
Written notice of any such violation or condition shall be served
upon the permittee or his agent engaged in the work. The notice shall
contain a brief statement of the reasons for revoking the permit.
Notice may be given either by personal delivery or certified or registered
mail.
(3)
The permittee shall be granted a period of three days from the date
of the notice to correct the violation.
(4)
When any permit has been revoked, and the work authorized by the
permit has not been completed, the Township shall do, or cause to
be done, such work as may be necessary to restore the street, or part
thereof, to as good a condition as before the opening was made. All
expenses thereby incurred by the Township shall be recovered from
the deposit or bond the permittee has made or filed with the Township.
The application for a permit shall be on a form prescribed by
the Township. No work shall begin until such application has been
approved by the Township and the permittee has paid and provided all
required fees, deposits, certificates and bonds.
A.
B.
The permittee shall keep one copy of the approved plan, as well as
the original permit, on the work site.
C.
The permittee shall provide advance notification to all possible
owners/operators of underground facilities which may be endangered
by the proposed opening/cut.
A.
Labor and materials deposit.
(1)
The applicant shall deposit with the Township Secretary, prior to
obtaining a permit, a sum which shall be the greater 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/cut properly, according
to Township specifications.
(2)
The Township shall waive this requirement insofar as it pertains
to a public utility company, if such company files its corporate bond
with the Township, guaranteeing payment to the Township of all costs
which would otherwise be covered by, and paid out of, such 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.
B.
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 or a guarantee in a form acceptable by the Township.
C.
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.
D.
Yearly deposit. Whenever any public utility or municipal authority shall anticipate applying for permits for more than one street opening or excavation per calendar year, and does not effect to file a corporate bond as provided for in Subsection A of this section, 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.
E.
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.
A.
Maintenance bond. Each applicant, upon receipt of a permit, shall
provide the Township with an acceptable corporate surety bond based
upon the specifications of the Township and the provisions of this
article. The amount of the bond shall be determined in relation to
the cost of restoring the cut or excavation made by the permittee.
The amount of the bond shall not be less than $1,000 or 20% of the
total project cost, whichever is greater. The term of the bond shall
begin upon the receipt of final inspection approval from the Township
and shall be in place for a period of 18 months.
B.
Default in performance.
(1)
Upon completion of the work authorized by the permit, the permittee
shall be given written notice thereof to the Township whereupon the
Township Engineer shall inspect the work and, when necessary, recommend
further work necessary to comply with the conditions, restrictions,
and regulations prescribed by the permit.
(2)
A written notice thereof shall be given to the permittee and shall
state the work necessary to be done and the period of time deemed
reasonably necessary for the completion of such work.
(3)
After receipt of such notice, the permittee must, within the time
specified, either cause the required work to be performed or, failing
therein, indemnify the Township for the cost of doing the work as
set forth in the notice, plus 20% for administrative expenses.
Each applicant, upon receipt of a permit, shall provide the
Township with an acceptable certificate of insurance indicating that
he/she is insured against claims of damages for personal injury as
well as against claims for property damage which may arise from or
out of the performance of the work, whether such performance be by
himself/herself, his/her subcontractor, or anyone directly or indirectly
employed by him/her. The amount of the insurance shall be as prescribed
by the Township, in accordance with the nature of the risk involved.
Public utility companies and municipal authorities may be relieved
of the obligation of submitting such a certificate if they submit
satisfactory evidence that they are insured in accordance with the
requirements of this article.
A.
Enforcement. Enforcement of these provisions shall be the responsibility
of the Zoning Officer and/or the Police Department.
B.
Violations and penalties.
(1)
Any permittee, copartnership or corporation or principal office of
any corporation who, or which, shall violate any provision of this
article shall be guilty of a summary offense, and, upon conviction
thereof before a Magisterial District Judge, such person or the members
of such partnership or corporation responsible for such violation
shall be sentenced to pay a fine of not more than $1,000. Each day
that a violation continues shall be considered a separate violation,
and a separate fine shall be applicable.
(2)
In the event that any person shall repeatedly violate the provisions
of this article as these terms are defined under any state or federal
laws in effect or, if not defined, after three such violations, or
fail to adhere to notices and other provisions of this article, then
such person shall be guilty of a misdemeanor, and, upon conviction
thereof, such person or persons shall be sentenced to suffer imprisonment,
not to exceed two years, or to pay a fine not exceeding $1,000, or
both.
Nothing in this article shall modify or limit the right of the
state or county to require permits on state and county roads within
the Township, nor shall this article be construed to limit the Township's
right to order any work on any state, county or Township road to cease
and desist pending proof of all required permitting having been obtained.
