[Adopted 5-30-1974 as Ord. No. 14]
[Amended 1-24-1994 by Ord. No. 49; 7-3-2017 by Ord. No. 2017-02]
The Second Class Township Code,[1] except as otherwise provided under statute governing public utilities, having conferred unto townships of the second class the right to require permits and set conditions, restrictions and regulations for obstructions to be erected upon or in any portion of a township road, it is hereby declared necessary for the protection, benefit and safety of the general traveling public and the inhabitants of Straban Township to adopt a system of permits, fees, conditions, restrictions and regulations for the opening or excavating of the right-of-way, railroad construction and the installation of subsurface, surface or overhead wires or structures.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
For the purposes of this article, the following words and phrases shall have the meaning ascribed to them, as set forth in this article:
BOARD
The Board of Supervisors, Straban Township.
ENCROACHMENT
Includes but is not limited to railroad, street railway construction or crossings; gas, water, petroleum, drain or other pipes or tubing; electric, telephone, television conduits, wiring, piping and/or poles and other overhead construction or obstructions, laid beneath, in or across the road right-of-way.
PERSON
Any individual, firm, partnership, company, corporation, trustee, association or private entity.
TOWNSHIP
Straban Township, Adams County, Pennsylvania.
TOWNSHIP ROAD
The legal right-of-way or any ordained township road.
UNDERGROUND UTILITY SURFACE APPURTENANCES
Any feature from an underground utility, including, but not limited to, water, sewer, electric, telecommunications, and gas utilities, that extends to the ground surface and is installed in a manner that is level with, depressed below, or elevated above the surrounding grade. Examples shall include, but not be limited to, manholes, valves, access vaults, valve boxes and cleanouts.
[Added 7-3-2017 by Ord. No. 2017-02]
A. 
No person shall construct any railroad or street railway, place any gas, water, petroleum, drain, electric, telephone, television or other pipe, tubing or conduits beneath, in, on or across, nor shall any telephone, telegraph, television or electric light wires or poles or any other structures or obstructions be erected on, in or over any township road, except under such conditions, restriction and regulations relating to the installation and maintenance thereof, as may be prescribed in permits granted by the township for such purposes.
B. 
The application for a permit shall be made on a form prescribed by the township, and shall be submitted to the Township Secretary, in triplicate, accompanied by an equal number of copies of a sketch or drawing, showing information as to location of the facility, in relationship to the nearest intersecting road, widths, depths, right-of-way lines and other pertinent information. The application shall be accompanied by a fee in accordance with the Schedule of Fees as may from time to time be adopted by the Pennsylvania Department of Transportation and applicable to highway occupancy permits.[1]
[1]
Editor's Note: Current fees are on file in the office of the Township Secretary and are available for public inspection during regular business hours.
C. 
When the procedures in Subsection B have been followed, the Board shall then authorize its Secretary to issue a permit for said occupancy, subject to the Pennsylvania Department of Transportation regulations.
[Amended 1-24-1994 by Ord. No. 49]
[Added 7-3-2017 by Ord. No. 2017-02[1]]
A. 
Underground utility surface appurtenances shall not be located within the paved cartway and shoulder of existing Township roadways, proposed roadways to be dedicated to Straban Township, or proposed private roadways.
B. 
In the event that all underground utility surface appurtenances cannot be practically located outside of the paved cartway and shoulder, the following shall apply:
(1) 
The location of these appurtenances must be approved by the Straban Township Board of Supervisors and the Straban Township Roadmaster.
(2) 
The appurtenance must be installed flush with the roadway grade or depressed no more than 1/4 of an inch below the roadway grade.
(3) 
Upon notification by Straban Township, the utility company shall, at its own cost, adjust the appurtenances within the roadway and shoulder in the event the roadway is repaved or if the Township determines adjustments are needed to the elevation of the appurtenances.
C. 
Underground utility surface appurtenances located outside of the paved cartway and shoulder but within the Straban Township right-of-way shall be subject to the following criteria:
(1) 
As part of the roadway occupancy permit, a plan must be submitted to Straban Township depicting the location of all proposed underground utility surface appurtenances. The location of all appurtenances outside of the paved roadway shall be approved by the Township.
(2) 
All underground utility surface appurtenances shall be installed flush to existing grade or below grade to reduce potential for being hit by plowing, grading, or mowing equipment.
(3) 
At no time shall surface appurtenances be located in a manner that impedes on drainage patterns within existing roadside swales, gutters, or ditches.
(4) 
Straban Township reserves the right to require flexible markers to be installed to mark the location of underground utility surface appurtenances.
(5) 
Any repairs to damaged underground utility surface appurtenances that were installed after the effective date of this section and were not installed in accordance with this section shall be the responsibility of the utility company that owns said appurtenances. This includes damage to the appurtenances that result from normal roadway maintenance activities (plowing, mowing, grading, etc.).
[1]
Editor's Note: This ordinance also provided for the redesignation of former § 112-4, Completion of work; inspection, and § 112-5, Violations and penalties, as §§ 112-5 and 112-6, respectively.
A. 
Upon completion of the work, the permittee shall give written notice to the township.
B. 
Inspection of the completed work shall be made by the Board of Supervisors or its authorized representative. When conditions are found not in accordance with the permit, then the township shall, in writing, notify the permittee of the noncompliance and request remedy within 60 days. If the permittee fails to rectify the defect within 60 days, then in such case, the township may do the work and shall impose upon the permittee the cost thereof, together with an additional 20% of such costs.
[Amended 1-24-1994 by Ord. No. 49]
[Amended 1-24-1994 by Ord. No. 49]
Any person violating this article shall, upon a summary conviction before a District Justice, be sentenced to pay a fine of not more than $1,000 and costs of prosecution, or shall undergo imprisonment for not more than 30 days, or both.