No public utility corporation shall place, replace or remove
any aerial, surface or subsurface public utility facility which requires
a subsurface opening in any street surface or right-of-way in the
Township streets, places or ways without first applying for and obtaining
a permit from the Ordinance Enforcement Officer of the Township of
Wilkins.
Prior to the issuance of any permit, the public utility shall
complete and execute a permit application which shall reasonably describe
the facility involved, the location of the same and the reason for
the placement, replacement or removal of the facility. Permit fees
shall be set by resolution of the Board of Commissioners.
The Ordinance Enforcement Officer shall issue a permit in all
other cases except when, after reasonable investigation by said officer,
it appears that:
A. The proposed facility will endanger the health or safety of motorists
or pedestrians by reason of a location creating exposure to gas fumes,
electric shock, impalement or explosion.
B. The proposed location will interfere with the unobstructed view of
motor vehicle operators at street intersections or curves.
C. The proposed facility is located within seven feet of the cartway
of any Township street.
Any person or corporation having standing so to do may request
a hearing on the grant or refusal to grant a permit, in which case
the Board of Commissioners shall conduct a hearing under the Local
Agency Law.
[Amended 12-28-1998 by Ord. No. 917]
Any person or corporation violating the provisions of this chapter
shall, upon conviction, pay a fine to the Township for each and every
separate offense a sum of not more than $1,000, plus costs of prosecution,
and, in default of payment of the fine and costs of prosecution, shall
be committed to the county jail for a period not exceeding 30 days.
Each day's violation of this chapter shall constitute a separate offense.