[Ord. 02-103, 3/26/2002, § 1]
1. In accordance with the provisions of § 2322 of Article
XXIII of the Commonwealth of Pennsylvania Second Class Township Code,
as amended, 53 P.S. § 67322, that 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 conduit or other piping be laid upon or in, nor
shall any telephone, telegraph or electric light or power poles or
any coal tipples or any other obstruction be erected upon or in, any
portion of a Township road except under conditions, restrictions and
regulations specified in permits granted by the Township for that
purpose.
2. Nothing in this Part shall be construed to require a permit 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 fees shall be submitted
within five working days of the completion of work, after which time
the remaining provisions of this Part shall apply.
[Ord. 02-103, 3/26/2002, § 2]
1. The application for a permit shall be on a form prescribed by the
Township. Each application shall be submitted to the Township in duplicate.
2. The permit application shall include but not limited to the applicant's
name and address, description and purpose of the work, sketch plan,
schedule, breakdown on fees due at the time of the application, and
an estimate of the fees for additional inspection fees, and signature
of the applicant or authorized representative.
3. Upon completion of the permit application the Township will review
permit, visit the site, and note any additional requirements to the
permit application and within five working days issue or deny a road
occupancy permit.
[Ord. 02-103, 3/26/2002, § 3]
1. The Township shall collect a fee at the time of the application for
the issuance of the permit. Such fee will be determined by the latest
edition of the Pennsylvania Department of Transportation Schedule
of Fees for Highway Occupancy Permits.
2. The Township shall collect a fee at the time of the application for
the general permit inspection fees. Such fee will be determined by
the latest edition of the Pennsylvania Department of Transportation
Schedule of Fees for Highway Occupancy Permits.
3. The Township shall collect a fee upon completion of the permitted
work when additional inspection has been incurred by the Township.
An estimate of this fee will be noted on the permit application and
will be collected at the time of application. Such fee shall cover
the Township costs for inspector's salary, overhead, and expenses
incurred by each assigned inspector of the Township.
4. The additional inspection fee will be initially set at two times
the equivalent hourly wage of the Township employee. Modifications
of this fee in the future will be set by resolution of the Township.
Any additional inspection fees incurred beyond the fee provided at
the time of the permit application will be paid by the applicant.
5. Any additional inspection fees collected at the time of the permit
application that are in excess of the actual cost incurred by the
Township will be reimbursed back to the applicant within 18 months
of the completion of the work. During this eighteen-month period the
Township may reinspect the work to note any defects in the work and
apply such expense to the remaining balance.
[Ord. 02-103, 3/26/2002, § 4]
1. Prior to the start of any work the applicant shall provide written
notice within 48 hours to the Township.
2. Written request for an extension is needed prior to the completion
date specified in the permit application if the work has not started
or remains to be completed. If such request for extension is not received
by the completion date then the permit will be canceled and the applicant
would forfeit fees and be required to complete a new permit application.
3. If the applicant decides not to carry out the work as outlined in
the permit application, then written notification shall be provided
to the Township prior to the completion date specified in the permit
to ensure a partial refund of fees and cancellation of the permit.
All fees except 20% of the issuance fee will be returned.
4. If the duration of work is to last longer than one week then the
applicant shall provide a written schedule by each Friday for the
following week. If the work is stopped for a period of more than one
week then the applicant shall provide written notice within 48 hours
of re-starting the work.
5. Upon completion of the work the applicant shall provide written notice
prior to the permit application completion date to request and schedule
a final inspection.
[Ord. 02-103, 3/26/2002, § 5]
1. Upon completion of the permit application and the issuance of the
Township road occupancy permit the Township shall inspect the work
and, when necessary, enforce compliance with the conditions, restrictions
and regulations specified by the Township.
2. Upon completion of the work the Township will conduct a "final inspection."
At such time the Township will note any visible defects in the work
contrary to the conditions, restrictions, and regulations of the Township
and provide notification to the applicant of the noted items within
10 working days of the "final inspection."
3. If the applicant fails to rectify a defect which presents an immediate
safety or health problem within 48 hours or any other defect within
60 days after written notice from the Township to correct, the Township
may correct such defects or other work noted and impose upon the applicant
the cost thereof, together with an additional 20% of the cost (total
of 120%).
4. Any additional costs incurred by the Township for the correction of the defects listed in Subsection
3 above will be above and beyond costs collected under §
21-103, "Permit Fees."
[Ord. 02-103, 3/26/2002, § 6]
1. Any person, firm, corporation or utility which shall violate the
provisions of this Part shall, upon being found liable therefor in
a civil enforcement proceeding commenced by the Township, pay the
fine set by the Township plus all court costs, including reasonable
attorney fees, incurred by the Township as outlined in § 1601
of the Second Class Township Code, 53 P.S. § 66601.
2. Violations of this Part shall be fined $500 for the initial penalty
imposed, plus additional daily penalties of $100 per day for continuing
violation, plus court costs and attorney fees incurred by the Township.
3. If the defendant neither pays nor timely appeals the judgement, the
Township may enforce the judgement pursuant to the applicable rules
of civil procedure.
[Ord. 02-103, 3/26/2002, § 7]
Any person, firm, corporation, or utility aggrieved by the adoption
of this Part may make complaint as to the legality of this Part to
the Court of Common Pleas.