[Adopted 2-19-2008 by Ord. No. 1-08]
For the purposes of this article, the following terms shall
have the meanings set forth below:
A fee charged for the premature excavation/opening of a road
that has been constructed or resurfaced within seven years.
A situation or event such as breakage of a utility line,
which presents an imminent hazard to the public health, safety and
welfare. Not included in this definition are the routine placement
or replacements of service facilities which are being constructed
or replaced as part of normal expansion or routine maintenance activities.
An organization providing a service under the authority of
a franchise granted by the Township of Cross Creek.
This may be done by normal mail, registered letter or personally
delivered written notice.
Security submitted to the Township which guarantees that
all work required as part of an approved permit will be satisfactorily
completed. An acceptable security at the option of the Township can
be a letter of credit, certified check or escrow agreement with institutions
authorized to provide such securities in Pennsylvania. Said security
must be made payable to Cross Creek Township.
Any street, avenue, boulevard, road, right-of-way, lane alley,
court or walkway used or intended for use by vehicular or pedestrian
traffic, which has been dedicated to and accepted for public purposes
by the Township of Cross Creek; provided, however, that this term
shall not include streets, roads, highways, walk-ways, or rights-of-way
owned, maintained or under control of other governmental agencies,
or any privately owned streets.
A business or service which is engaged in regularly supplying
the public with some commodity or service which is of public consequence
and need, such as electricity, gas, water and communications.
To perform work which utilizes equipment that tunnels or
bores beneath the cartway, sidewalk, driveway, driveway apron or other
areas of the Township road or right-of-way. Not included and not permitted
for use in tunneling unless specifically authorized is use of pneumatic
mole.
After the effective date of this article, it shall be unlawful
to open, cut, trench, bore or dig in any public street or right-of-way
without having first obtained a permit in accordance with the provisions
of this article, and that all work performed which relates to such
activities shall be performed in compliance with the provisions hereof;
provided, however, that nothing contained in this section shall prevent
a public utility from making cuts or openings in public streets or
public easements in emergency situations threatening the health or
safety of any person, and in such case, said permit shall be secured
as soon as practicable after the repair necessitated by the emergency
has commenced.
An application for the required permit shall be made, in writing,
on a form prescribed by the Township. The public utility or owner
of the facility to be installed, repaired or replaced, shall make
such application and such applicant shall be solely responsible for
compliance with the terms and conditions of this article. Contractors
or subcontractors may be permitted to make application for a permit
required by this article on behalf of the owner of a property.
A permit issued under the terms of this article shall expire
and be of no further force or effect if work authorized by such permit
shall not be commenced within 30 days from the date of issuance, and
further, that such authorized work be completed and restored within
60 days of the start of such work. Exceptions to those provisions
may be granted by the issuing authority when unusual circumstances
can be demonstrated. Failure to comply with any such conditions shall
be cause for revocation of such permit and shall constitute a violation
of this article. If road opening is during a season not practical
for permanent repairs, temporary repairs satisfactory to the municipality
will be required. Temporary repairs must be maintained within 48 hours
of notification by the Township. The Township reserves the right to
make emergency repairs if deemed required for public safety. The cost
of those repairs shall be borne by the permit holder and if not paid
will be taken from the performance bond.
Fees for street excavation permits shall be in accordance with
the schedule set forth in the applicable resolution of the Board of
Supervisors.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No permit shall be issued until the applicant shall have first
furnished the Township with cash security for the proper restoration
of the work authorized by such permit in an amount as set by resolution
of the Township Board of Supervisors. In lieu of providing security
with each application, an applicant may post with the Township a performance
security in an amount as set by resolution of the Township Board of
Supervisors, the validity of such security shall be reviewed annually
at the beginning of each calendar year. In cases of anticipated projects
of unusual magnitude, the Township may require security as set by
resolution of the Township Board of Supervisors as a condition of
permit issuance. Bonding and permit fees for franchised organizations
shall be governed by their franchise agreement, but are subject to
all other requirements of this article.
The permit holder shall coordinate his activities with the Cross
Creek Township Public Works Department. The Department will regulate
time of the opening or work, barricades, lighting and flagmen. If,
during the course of construction, any Township-owned or maintained
sewer, underdrain, manhole, catch basin, curb, guardrail, or other
facility or appurtenance is damaged, destroyed or disturbed, such
condition shall be reported immediately to the Township, which shall
then prescribe, direct, supervise, and inspect the necessary corrective
action, with inspection costs being borne by the applicant.
All restoration work involving any public street shall be performed
in accordance with approved the standards provided in Pennsylvania
Department of Transportation Publication 408 or as hereafter revised
and amended. When notice requiring repair or maintenance is given
by the Township concerning permit work, and the applicant shall fail
or neglect to make repairs within 14 calendar days of such notice,
such action shall constitute grounds for the Township to use available
cash securities to perform such work. Further, this shall constitute
a violation of this article.
A.
Where a proposed opening involves less than 100 feet of improved
surface, the person requesting a permit shall first be required to
photograph the area proposed for opening such that the area to be
affected by the proposed work shall be adequately depicted. Such photographs
shall be delivered to the Township along with permit application.
B.
Where a proposed opening involves more than 100 feet of improved
surface, the person requesting a permit shall first be required to
videotape the area proposed for opening such that the area to be affected
by the proposed work shall be adequately depicted. Such videotape
shall be delivered to the Township along with the permit application.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
