[Ord. 96-O-15, 10/23/1996, § 1]
No person, firm or corporation shall excavate or open any street
or highway of the Township of Newtown nor lay any drainage pipe or
conduits in any such street or highway unless a permit shall first
have been obtained from the Township as hereinafter provided.
[Ord. 96-O-15, 10/23/1996, § 1]
1.
An applicant for a road opening permit shall make application therefor
in writing signed by him or her on the form provided by the Township.
The application shall include a plan consisting of a drawing showing
the location and details of the proposed opening within the road and/or
right-of-way including, but not limited to:
[Ord. 96-O-15, 10/23/1996, § 1]
Upon satisfaction of all of the requirements of this Part, the
Township Engineer shall issue a Township road occupancy permit on
the form provided by the Township, but only upon the applicant having
first posted the fees and security required by this Part. Permits
shall be valid for 60 days from the date of issuance. Permits may
be renewed for an additional 60 days upon prepayment of a $5 renewal
fee.
[Ord. 96-O-15, 10/23/1996, § I; as amended by Ord.
2005-O-2, 1/26/2005, § I]
The applicant shall pay the fees set forth in the Township's
Schedule of Fees as adopted by the Board of Supervisors of Newtown
Township, and as may be amended from time to time by resolution of
the Board of Supervisors.
[Ord. 96-O-15, 10/23/1996, § I]
Compaction standards shall be in accordance with PennDOT 408.
[Ord. 96-O-15, 10/23/1996, § I]
All permittees shall be required to comply with the general
provisions and specifications regulating occupancy of Township highway
rights-of-way.
[Ord. 96-O-15, 10/23/1996, § I]
Upon completion of the work, the applicant shall give written
notice of completion to the Township Engineer who shall, within a
reasonable time but in not less than 30 days, inspect the work and
inform the permittee in writing whether the work meets the requirements
of this Part. Should there be any settlement or defect in the work,
the applicant shall rectify the same within 60 days after written
notice from the Township to do so and, in the event of the applicant's
failure to do so, the Township may do the work and shall impose upon
the applicant the cost thereof, together with an additional 20% of
such cost, all of which may be summarily deducted from the applicant's
compliance account and the balance, if any, refunded to the applicant
with a specification of the reasons for deduction and the amounts
deducted. None of the provisions of this Part shall be deemed to be
a surrender by the Township of any of its other rights of enforcement
under applicable law.
[Ord. 96-O-15, 10/23/1996, § I]
The applicant shall post a corporate surety to insure that it
will hold the Township, its officers, employees, agents, consultants
and assigns harmless from any and all damages and costs incurred for
each road opening.
[Ord. 96-O-15, 10/23/1996, § 108; as amended by
Ord. 97-O-22, 12/3/1997]
1.
Any person, firm, corporation or utility shall be liable for any
and all unpaid fees and the Township may utilize any and all remedies
available to it under the law to insure payment.
2.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof in an action brought before a district
justice 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 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 Part continues or each
Section of this Part which shall be found to have been violated shall
constitute a separate offense.
