As used in this article, the following terms shall have the
meanings indicated:
ENGINEER
The Engineer of Straban Township.
EXCAVATON
A cavity formed by cutting, digging or scooping.
NEWLY PAVED STREET
Any street within the Township that has been paved, repaired,
or otherwise opened or excavated by the Township or an authorized
agent of the Township within the last two years from the date of adoption
of this article.
PERMITTEE
Any person to whom a permit may be issued under the terms
of this article.
PERSON
Any individual, partnership, firm, corporation, association,
trust, estate, or any other legal entity or their legal representatives,
agents or assigns. The masculine includes the feminine, the singular
shall include the plural where indicated by context.
STREET
The paved area of any public street, highway, sidewalk, alley,
avenue or other public grounds within the Township.
It shall be unlawful for any person to make any opening or excavation
in any right-of-way of the Township unless and until a permit therefor
has been issued as hereinafter provided. The Zoning Officer shall
be responsible for the issuance of permits under the conditions of
this article and upon consent from the Township Engineer or Township
Roadmaster. The Zoning Officer shall have the right to refuse to issue
such permit whenever in his judgment such opening or excavation would
be hazardous or otherwise undesirable under the circumstances for
which the particular permit has been requested. The terms of this
article shall not apply to the opening or excavation of any right-of-way
by the Township or an agent authorized by the Township.
Should any permittee, person or any subcontractors working on
behalf of a permittee or person be responsible for four distinct excavations
or openings of a street, all of which are within 100 feet, it shall
be the responsibility of the permittee and/or person to overlay the
entire width of the street corresponding to the 100 linear feet which
contains the excavations with the following exceptions:
A. The entity performing the excavations is the Township, or a contractor
working on behalf of the Township.
B. The Township Roadmaster, Township Engineer, or appropriate Township
staff have inspected the roadway and determined that the overlay is
not necessary due to the condition of the roadway or future paving
plans on the roadway.
If the opening/excavation within the right-of-way is not properly
completed to the satisfaction of the Township Engineer, written notification
shall be sent by the Township to the permittee and the property owner
for whom the cut and excavation was undertaken, which notification
shall specify the defects and require repair, replacement or completion
to the satisfaction of the Township Engineer within 15 days from the
date of the notification. If the cut/excavation is not repaired, replaced,
or completed within 15 days, the Township may repair, replace, or
complete the work in the manner deemed proper by the Township Engineer,
and all costs related thereto shall be assessed to the permittee or
the property owner for whom the cut or excavation was undertaken.
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.