[HISTORY: Adopted by the Board of Supervisors
of the Township of Independence as indicated in article histories.
Amendments noted where applicable.]
[Adopted 7-10-1974 by Ord. No. 2-74; amended in its entirety 6-13-2012 by Ord. No. 2-2012]
A.
APPLICANT
EMERGENCY
EXCAVATION
FACILITY
IMPROVED ROAD
INSPECTOR
NEW STREET
ORDINANCE, THIS
PERMITTEE
PERSON
PUBLIC UTILITY COMPANY
STREET
TOWNSHIP
TOWNSHIP ENGINEER
UNIMPROVED ROAD
The following words, when used in this ordinance, shall have the
meaning ascribed to them in this section, except in those instances
where the context clearly indicates otherwise:
Any person who makes application for a permit. The applicant
must be the owner of the facility.
Any unforeseen circumstances or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
Any activity within the right-of-way of any street, alley,
or cartway which involves cutting, breaking, or disturbing the surface
thereof. In this ordinance, the term "opening" shall have essentially
the same meaning as "excavation."
Any tangible asset in the right-of-way required to provide
utility service or passage along or through the right-of-way.
Any road surfaced with pavement such as asphalt, concrete,
bituminous concrete, brick, or similar pavement and any road having
concrete base.
The Township Engineer or his designated representative who
shall be in charge of the inspection of land, streets and buildings
in the Township.
For the purposes of this ordinance, newly constructed cartways
(including base and surfacing of either concrete or asphalt) and reconstructed
cartways (surfaced with at least one-and-one-fourth-inch top of asphalt)
for the first five years after completion of their construction or
reconstruction. It shall be the prerogative of the Township to define
the term "new street" and advise the proper utility companies of this
designation.
Ordinance No. 2 of 2012 of the Township of Independence.
Any person who has been issued a permit and is obligated
to fulfill all the terms of this ordinance.
Any natural person, partnership, firm, association, utility,
company, corporation, limited liability company or other entity or
authority created pursuant to statute, who is directly responsible
for work being performed under the opening permit. Whenever used in
any section prescribing and imposing a penalty, the term "person"
as applied to associations shall mean the partners or members thereof
and, as applied to corporations, the officers thereof.
Any company subject to the jurisdiction of and control by
the Pennsylvania Public Utility Commission.
Any public street, avenue, road, square, alley, highway,
or other public place located in the Township of Independence and
established for the use of vehicles, but not including state highways.
The Township of Independence in the County of Beaver, Commonwealth
of Pennsylvania.
The person duly appointed Township Engineer, his authorized
deputy, representative or inspector.
Any cinder, dirt, or gravel road without oil treatment under
the jurisdiction of the Township of Independence.
B.
In this ordinance, the singular shall include the plural, and the
masculine shall include the feminine and the neuter.
A.
It shall be unlawful for any person to cut, break into, excavate
or open any street (improved or unimproved) of the Township without
first securing a permit from the Township as required herein.
B.
A road opening permit is required when any of the following occur:
(1)
Excavation, including the digging, displacing, undermining, opening,
boring, tunneling, auguring, or in any manner breaking up any street
or area within the Township or county right-of-way.
(2)
Excavation in or under the surface of any street, installation of
any street improvements, construction, removal or alteration of any
improvements which are located within the right-of-way.
(3)
The placement or deposition within the right-of-way of mulch, stone,
dense graded aggregate or excavated material which obstructs the intended
flow of stormwater.
(4)
Any other action which interferes with or disturbs the surface of
the streets or improvements within the Township right-of-way.
Permits shall be issued only to persons furnishing public utility
services, municipal services or the owner or owners of the real property
adjoining the location where such opening or excavation is to be made.
Other entities may be issued permits upon full compliance with the
provisions of this ordinance.
No person to whom a permit has been granted shall perform any
work in any amount or quantity greater than that specified in the
permit, except that upon the approval of the Township Engineer, additional
work may be done under the provisions of the permit in any amount
not greater than 20% of the amount specified in the permit. Any deposit
deposited in connection with the original permit shall be deemed to
cover any such additional work as may be approved pursuant to this
section within the limit mentioned herein.
A.
A permit may be issued to the applicant after satisfaction of all
the requirements set forth herein, including payment of a nonrefundable
application fee as set by resolution of the Township. Issuance of
a street opening permit does not constitute an approval by any other
agency. If the application is disapproved, written notice of disapproval,
together with reasons therefor, shall be given to the applicant.
B.
In the event of the denial of a permit, the Zoning Officer and/or
Township Secretary or their designee shall set forth in writing the
basis for the denial. The permittee may appeal the denial and request
a hearing before the Board of Supervisors. Any request for a hearing
shall be submitted in writing to the Township Secretary within 10
days of the revocation of the permit. The hearing shall take place
within 30 days of the request for the hearing.
The work authorized by the permit is subject to all the provisions
of the Act of December 10, 1974, P.L. 852, as amended, 73 P.S. § 176
("One Call Act") or supplemented from time to time. It shall be the
permittee's responsibility to contact the utilities that have
recorded their facilities in compliance with said One Call Act.
A.
Where the permittee is required or has removed for the convenience
of this work any traffic sign, sign or similar improvement, he shall
restore same to its original place in as good a condition as was originally
found.
B.
The permittee shall be responsible for protecting, within the work
zone, any existing right-of-way or survey monuments (i.e., iron pipes,
granite markers, etc.) during construction. If it is apparent the
construction work may or will disturb monumentation, the permittee
shall contact a professional land surveyor so that monumentation can
be located and offset prior to excavation.
C.
If the excavation/construction work disturbs or removes any existing
property or right-of-way monumentation or survey marker, the permittee
shall, at his or her expense, have the monument reset by a professional
land surveyor.
D.
All traffic regulatory signs that must be removed during the progress
of the work shall be temporarily relocated and shall remain in service
as directed by the Borough Engineer.
Work for which a permit has been issued shall commence within
180 days after the issuance of the permit thereof. If not so commenced,
the permit shall be automatically terminated. Permits thus terminated
may be renewed upon the payment of an additional permit fee as originally
required.
No openings shall be done on weekends, Township holidays, or
outside the normal working hours of 7:00 a.m. to 3:30 p.m. without
the written permission of the Township Secretary or his designee,
unless in case of emergency. Failure to provide notice as required
may result in revocation of the permit and issuance of a stop-work
order. If special conditions require work on the weekend, at night,
or on Township holidays, the permittee shall obtain written approval
of the Township Secretary or his designee. The applicant will be responsible
for all premium costs associated with this overtime work.
Permits are not transferable from one person to another, and
the work shall not be performed in any place other than the location
specifically designated in the permit.
Every permit shall expire at the end of the period of time which
shall be set out in the permit. If the permittee shall be unable to
complete the work within the specified time, he shall, at least two
weeks prior to expiration of the permit, present in writing to the
Township Secretary a request for an extension of time, setting forth
therein the reasons for the requested extension. If such an extension
is necessary and not contrary to the public interest, the permittee
may be granted additional time by the Township Secretary or his designee
for the completion of the work upon recommendation of such extension
by the Township Engineer.
A.
Any permit may be suspended or revoked by the Township Zoning Officer
as the designee of the Township Secretary, after notice to the permittee,
for:
(1)
Violation of any condition of the permit or of any provision of this
ordinance.
(2)
Violation of any provision of any other applicable ordinance or law
relating to the work.
(3)
Existence of any condition or the doing of any act constituting or
creating a nuisance or endangering the lives or properties of others.
B.
In the event of suspension or revocation of the permit, the Zoning
Officer and/or the Township Secretary or their designee shall set
forth in writing the nature of the violation(s). In the event of suspension,
the Zoning Officer and/or the Township Secretary or their designee
shall set forth in writing those conditions that exist that require
remediation and the time frame to perform the necessary remediations
to effectuate compliance with the permit and/or ordinance.
C.
In the event that a permit is suspended or revoked, the permittee
may appeal the revocation and request a hearing before the Board of
Supervisors. Any request for a hearing shall be submitted in writing
to the Township Zoning Officer within 10 days of the revocation of
the permit. The hearing shall take place within 30 days of the request
for the hearing.
Any person who shall desire to make any opening or excavation
in any of the streets in the Township shall make application to the
Township Secretary in writing for that purpose. Such application shall
be made upon blanks to be furnished by the Township and shall set
forth the name of the applicant, the exact location of the proposed
opening for 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 ordinances of the Township
of Independence and the laws of the commonwealth in relation thereto,
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 therefrom, or occurring in the prosecution
of the work connected therewith, or from any other matter, cause or
thing relating thereto.
A.
Keep the original copy of the permit and an approved copy of the
plan in the possession of the party or parties actually doing the
work, and when required, exhibit same to the Township Secretary, Township
Engineer, duly authorized inspectors, or, in the instances of county
or state highways, to the respective inspectors of these authorities.
B.
If it is determined by the Township that it is necessary, provide
a video or photograph of the proposed opening and surrounding areas
to protect the Township and adjoining property owners from damages
during construction.
A.
Provide all facilities and traffic controls needed per the latest
version of the PennDOT specifications for maintaining public use of
the site, including, but not necessarily limited to:
B.
Traffic control shall be the sole responsibility of the permittee.
C.
Traffic control plan.
(1)
For streets listed below, a traffic control plan shall be submitted
to the Township Secretary for prior approval by the Township if the
work zone will occupy or block any of the travel lanes on any of the
streets: The permittee shall submit one reproducible copy of the plan(s).
The plan shall identify the means whereby partial or full disruption
of traffic will be safely cared for. The permittee shall prepare the
traffic control plan in conformance with the requirements of the most
current version of the U.S. Department of Transportation, "Manual
of Uniform Traffic Control Devices" (MUTCD), Part VI, "Standards and
Guides for Traffic Controls for Street and Highway Construction, Maintenance,
Utility, and Incident Management Operations."
(3)
Streets requiring a specially approved traffic control plan are (Other
streets may require a traffic control plan to be submitted and approved
in advance as may be determined by the Engineer or the Chief of Police.):
|
Name of Township Street (if any)
| |
|---|---|
|
(Reserved)
|
D.
No street is to be closed completely to through traffic unless a
traffic control plan has been submitted to and approved in advance
by the Township Secretary and the Chief of Police and the appropriate
signs are in place.
(1)
The Township reserves the right to restrict the duration and scheduled
closing of any street. The permittee shall take all steps to minimize
the time a street is to be closed to through traffic. For approved
closures, the following steps shall be required:
(a)
Restore all streets to two-way traffic during all nonwork times
(the street shall be left in safe condition to allow such traffic).
(b)
No open excavations are left in the traveled way overnight unless
specifically approved.
(c)
Coordinate all blockage of drives with the affected property
owners.
E.
Implementation of traffic control.
(1)
All work zone signs shall be reflectorized with black lettering on
an orange background or as specified by PennDOT. A sufficient number
and type of signs and traffic control devices shall be provided in
accordance with the PennDOT.
(2)
The permittee shall provide flagging stations as detailed by the
traffic control plan or if deemed necessary by the Township Secretary
in order to maintain a smooth and safe flow of traffic. Flaggers shall
be provided with a hard hat, safety vest, and paddle sign and shall
direct and control the traffic pattern in a safe and PennDOT-approved
manner.
(3)
Inspect site at least twice daily to verify all controls are in place
and the site is in a proper and safe condition throughout the progress
of the work.
(4)
The permittee is responsible for contacting in advance the Police
and Fire Departments to constantly apprise them of traffic detours
and road blockages.
(5)
The permittee shall provide and maintain at all times during the
work an adequate ingress and egress for the residents and any businesses
in or adjacent to the work site.
(6)
Emergency vehicle access shall be allowed within the work site at
all times.
(7)
The permittee shall provide emergency service at nights and on the
weekends should the work site need attention due to weather conditions
or similar problems. An on-call number shall be given to the Engineer
and the Police Department.
(8)
All traffic regulatory signs that must be removed while work progresses
shall be temporarily relocated and shall remain in service as directed
by the Engineer.
A.
Excavation.
(1)
All cuts, breaks, excavations and openings shall conform in size
to the application on which the permit is based and shall be performed
in neat, even and rectangular sections. All excavations to a depth
that is greater than the maximum depth of unsupported trenches allowed
by the most current OSHA regulations shall be shored and braced.
(2)
Unless written permission is obtained from the Township Engineer,
no permittee shall be allowed permission to cut, break into, excavate
or open a street for a greater distance than 500 feet at one time
or keep the same open for a period longer than one week. During the
entire period the street is being cut, broken into, excavated or opened
by the permittee, there shall be provided by the permittee a space
at street level of at least 12 feet in width for the purposes of allowing
vehicles free and unimpeded use of the same.
(3)
If, in the opinion of the Township or its Township Engineer, any
cut, excavation or opening would be dangerous if left exposed, the
permittee shall erect a suitable barrier or railing around the same
in such manner as to prevent danger to pedestrians or vehicles and
place upon such barrier or railing and upon any building materials
and appliances suitable and sufficient warning lights during the period
or darkness. In any event, suitable and sufficient warning lights
shall be maintained by the permittee during periods of darkness in
the vicinity of the cut, excavation or opening. The barriers and lighting
shall conform to the Manual of Uniform Traffic Control Devices and
any amendments. In addition to the permittee placing his name and
phone number where he can be reached at all times on the barriers,
the permittee shall also notify the Township Secretary and Township
Engineer and local municipal authority of the condition of the unfinished
excavation and furnish the above with his name and phone number where
he can be reached at all times.
(4)
All excavating permits granted hereunder are granted under and subject
to the express condition that the person to whom the same is issued
shall indemnify, save and keep harmless the Township from any loss
in damages, or otherwise whatsoever, which may or shall be occasioned
at any time by the said excavation, or by any leak, explosion or other
injury from any pipe, apparatus, conduit, or any other matter placed
in the said excavation.
(5)
No opening or excavation in any street shall extend from the curbline
into the highway a distance greater than one foot beyond the center
line of the street before being refilled and the surface of the highway
restored to a condition safe and convenient for travel.
(6)
All permittees shall keep the area of their work clear of dirt and
debris at all times and shall carry away and dispose of all excess
dirt, debris and other material resulting from their work.
(7)
The applicant shall notify the Township Engineer when the opening
or excavation is ready for backfilling before any backfilling is done,
when backfilling work is completed, when the temporary paving has
been installed and when the street has been permanently restored so
that inspections may be made.
(8)
Any concrete sidewalks disturbed, damaged or disrupted during the
excavation or trench opening shall be replaced with concrete sidewalk
conforming to all applicable standards of the Township. The minimum
size of all openings or excavations shall be from control joint to
control joint or from edge of paving to edge of paving.
(9)
All concrete drive aprons disturbed during the course of excavation
or trench opening shall be replaced in accordance with all applicable
standards for concrete drive aprons, in accordance with PennDOT Publication
408.
(10)
Any damage to existing pavement shall be replaced by the contractor
in accordance with the Township specifications and details and no
additional cost to the owner.
B.
Backfilling.
(1)
All breaks or openings in surfaces made pursuant to this article
shall be backfilled to the approval of the Township Engineer or his/her
designee, replacing the excavated materials with materials and methods
consistent with approved Township of Independence Construction Details.
All backfilling must be done by thorough tamping in uniform layers
not to exceed six inches in depth. In unimproved areas, backfilling
may be accomplished with excavated materials, tamped in six-inch layers,
if approved by the Township Engineer.
(2)
All openings or excavations shall be backfilled promptly with modified
2A stones and thoroughly compacted in layers, each of which layers
shall not exceed eight inches in depth. Backfilling shall be placed
to within five inches of the surface.
Upon notice to the Township Engineer, and under his inspection,
the permittee shall immediately, after completing the work, refill,
properly tamp and restore the excavation or opening with a temporary
paving cover that is flush with the surface of the adjoining paving
as follows: five inches of approved bituminous temporary patch material
(cold patch), or bituminous concrete base course in paved cartways.
The temporary paving cover shall be left in place and maintained by
the applicant for a minimum of 60 days and a maximum of 90 days, after
which the temporary paving cover and required portion of compacted
gravel shall be removed and replaced, with the final paving in accordance
with the Independence Township details. If the temporary pavement
is not adequately maintained, the Township will repair at the permittee's
expense.
A.
The permittee is responsible for the full restoration of the roadway
surface, including restriping, installation of raised pavement markings,
speed humps and signage.
B.
No permittee shall commence permanent restoration on any street foundation
or surface until two months after completion of the excavation or
as directed by the Township Engineer. The street surface shall be
permanently restored as to extend 12 inches beyond the excavation
on all sides (see Pavement Restoration Detail)[1]. The permanent restoration shall consist of a minimum
of eight inches of 2A subbase, three inches of bituminous concrete
base course, and two inches of ID-2 wearing course applied with appropriate
tack coat to adjacent pavement surface or a pavement cross section
consistent to the existing pavement section.
[1]
Editor's Note: Said detail is on file in the Township
offices.
C.
At the discretion of the Township's Engineer, the surface restoration
shall extend the whole width of the travel lane.
D.
For road openings down the center of the cartway, surface restoration
shall extend across the full width of the paved road (both travel
lanes).
E.
On concrete base streets, such base shall be replaced with concrete.
F.
If, within two years after the restoration of the surface as herein
provided, defects shall appear therein resulting from defective backfilling
by the applicant, the applicant shall reimburse the Township for the
cost of all necessary repairs to the permanent paving.
A.
If it is sought to excavate upon or open a street within five years
after the completion of the paving, the applicant shall make written
application to the Township Board of Supervisors, and a permit for
such opening shall be issued only after express approval of the Township's
Board of Supervisors.
B.
In the event that the newly paved or resurfaced street is dedicated
to the Township, the sixty-month period shall be deemed to begin on
the date of acceptance by the Township of the affected street.
C.
The new street surface shall be permanently restored as to extend
25 feet beyond the furthest point of disturbance within the lane(s)
of travel and shall extend the full width of the street (varies).
This street opening area of final restoration shall be milled and
replaced with two inches of ID-2 wearing course (see New Road Pavement
Detail - Plan View).[1]
[1]
Editor's Note: Said detail is on file in the Township
offices.
D.
All final restorations shall have sawcut edges to the limits of milling.
E.
Prior to the installation of the final wearing course, all vertical
edges shall be tack coated with asphalt cement class PG 64-22 and
in accordance with PENNDOT Specifications Publication 408.
A.
All topsoiled, seeded or otherwise unpaved areas disturbed in the
course of the work shall be topsoiled with a minimum thickness of
not less than four inches of loam-type topsoil. Fertilizer, lime and
other soil conditioners needed to promote the proper growth of grass
shall be incorporated and thoroughly worked into the topsoil. Seed
or sod of species suitable for growth in the location and environment,
and conforming to the requirements of PennDOT Publication 408, shall
be placed in all unpaved areas.
B.
The permittee shall comply with the following requirements:
(1)
The permission herein granted does not confer upon the permittee
or its contractors the right to cut, remove or destroy trees or shrubbery
within the legal right-of-way except under specifications, regulations
and conditions as the Township may prescribe.
(2)
The permittee shall avoid unnecessary damage or injury to trees,
shrubs, and landscape plantings.
(3)
The permittee shall replace any tree, shrub or other landscape planting
removed or substantially damaged during the course of the work.
(4)
The Township may require the permittee to take precautions, such
as directional boring or rerouting a utility line, to avoid injuring
a tree, shrub, or landscape planting.
(5)
Within 18 months of completion of the work, any tree, shrub or other
landscaping planting that shows substantial damage attributable to
the permittee's work shall be replaced by the permittee at the
permittee's sole expense.
A.
Abandonment or discontinued use.
(1)
A permittee or other person who has discontinued use of all or a
portion of its utilities or other facilities in a Township right-of-way
shall notify the Township of such discontinued use and shall provide
the Township with a drawing describing the type and location of all
discontinued utilities and facilities.
(2)
A permittee or other person who has discontinued use of or abandoned
utilities or other facilities in a Township right-of-way shall remove
such utilities and facilities if required by the Township in conjunction
with other right-of-way repair, excavation, or construction work.
B.
Permittee responsibilities for future relocation of work. If at any
time in the future the roadway is widened or reconstructed or the
alignment or grade is changed, the permittee further agrees to change
or relocate all or any part of the structures covered by this permit
which interfere with the improvement of the roadway at the permittee's
own cost and expense.
No new water, sewer, steam or gas main or electric, telephone
or other utility line shall hereafter be laid or constructed, and
no such existing main or line shall be extended, in any of the streets
of the Township until the plan therefor shall have been first filed
with the Township Secretary and such plan, and the exact location
of such main or line, approved by the Township Engineer. The Township
Engineer shall not approve the locating of any such main or a line
at a depth of less than 30 inches from the surface of the street unless
he shall be convinced that locating the same at a depth of more than
30 inches from the surface is impossible or impractical.
Before any permit shall be issued to open or excavate any street
in the Township of Independence, the applicant shall pay a permit
fee in the amount fixed and fund an escrow for inspections and permit
review according to a scheduled established pursuant to resolution.
Payment for all work done by the Township under the provisions
hereof shall be made by the person made liable therefor under the
provisions hereof within 30 days after a bill therefor is sent to
such person by the Township. Upon failure to pay such charges within
such time, the same shall be collectible by the Township by an action
in assumpsit or in the manner provided by law for the collection of
municipal claims.
Prior to the issuance of a permit, the applicant shall deposit
a performance and maintenance guaranty as follows:
A.
Bond required. No person, company, entity, corporation or association
shall excavate, open and/or close any street or alley without first
depositing with the Township a bond in the amount of $100,000 issued
by a trust or surety company authorized to do business in the Commonwealth
of Pennsylvania as surety in such sum conditioned for the faithful
performance of these provisions and also for any and all damages,
claims, demands, suits, costs and counsel fees occasioned or arising
from the excavation, opening or closing of said streets and alleys.
The company, corporation or association depositing such bond shall
renew such surety on an annual basis.
B.
Inspection escrow. Prior to the issuance of a permit, the applicant
shall make a deposit for inspection fees in an amount to be determined
by the Township Engineer. The escrow shall be established as per the
attached escrow schedule[1] or as may be omitted by further resolution.
[1]
Editor's Note: Said escrow schedule is on file in the
Township offices.
Each applicant, prior to receipt of a permit, shall provide
the Township with an acceptable certificate of insurance indicating
that he is insured against claims for damages for personal injury
as well as claims for property damage which may arise from or out
of the performance of the work, whether such performance is by himself,
his subcontractor or anyone directly or indirectly employed by him.
Such insurance shall cover collapse, explosive hazards and underground
work by equipment on the street and shall include protection against
liability arising from completed operations for a period of time to
be determined by the Township Board of Supervisors. The amount of
the insurance shall be $1,000,000 single limit. Public utilities and
authorities may be relieved of the obligation of submitting such certificates
if they are insured in accordance with the requirements of this chapter.
A.
In case of an emergency involving gas, water, sewer, telephone, cable
or electric utilities, where immediate repair is imperative to prevent
loss or damage to streets or property or discontinuance of service,
it shall not be necessary to obtain permits before commencing such
repair, but 1) the Township Secretary and Township Police Department
must be notified immediately of the occurrence, and 2) such permit(s)
shall be obtained no later than the next business day thereafter,
and this section shall not be held or taken in any case to exempt
the applicant from any other provisions of this ordinance.
B.
If an emergency repair is granted on a new street as defined earlier,
then street restoration will be a minimum length of 25 feet from the
edge of the opening and a minimum width from roadway center line to
edge of roadway, or as directed by the Township Engineer.
C.
If any such emergency condition shall not be immediately attended
to by the owner or person responsible for such pipe, line, construction,
or apparatus, the Township Secretary, after such notice as he shall
deem necessary under the circumstances of the particular case, shall
proceed to do the work necessary and required by such emergency and
charge the same on the basis of cost plus 20% to such owner or person.
D.
The Township Secretary is hereby designated as the appropriate official
to determine whether a bona fide emergency exists or existed to justify
the emergent opening of any street covered by this section.
A.
Every person owning, using, controlling or having an interest in
pipes, conduits, ducts or other structures under the surface of any
street used for the purpose of supplying or conveying gas, electricity,
communication impulses, water or steam to or from the Township or
to or from its inhabitants, or for any other purpose, shall file with
the Township Secretary within one year after the adoption of this
ordinance accurate information showing the as-built location, size
and description of all such installations.
B.
Within 30 days after the first day of January of each and every year,
such person shall file with the Township Secretary additional information
showing installations, including all those made or abandoned during
the previous year; provided, however, that if no additions have been
made to its installation during the previous year, a utility or authority
may file with the Township Secretary a written statement to that effect
within the period of time specified above. A utility or authority
may, at its own option, elect to provide additional information throughout
the year as it is available rather than proceed as above noted. The
Township Secretary may, however, request additional information periodically
as may be necessitated by proposed construction or reconstruction
of roadways within the Township.
If the work to be undertaken by the permittee is such that it
will affect the use of properties abutting or adjoining the project
or subsurface installations, including utilities, in the vicinity
of the proposed opening, the permittee shall be required to submit
evidence in affidavit form that notices were served on the owners
and tenants of such properties and subsurface installations personally
or by certified mail, return receipt requested.
If the permittee fails to timely repair a defect, the Township
reserves the right to cause the repairs to be made with all costs
incurred to be at the expense of the permittee.
A.
Penalties. Any person, firm or corporation who shall violate any
provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $600 and costs or, in default of payment
thereof, shall be subject to imprisonment for a term not to exceed
30 days. Every day that a violation of this article continues shall
constitute a separate offense.
B.
In addition to the foregoing penalties, any person violating this
ordinance by causing the nonemergent opening of a street shall be
liable for the reasonable costs incurred by the Township in restoring
the street to its original condition.
The terms of this ordinance shall not apply to a street in any
subdivision approved by the Township of Independence prior to the
Township's accepting the said street for dedication.
