[Ord. No. 2019-09,[1] 11/7/2019]
As used in this Part, the following terms shall have the meanings
indicated:
Any means for passage of vehicles between property abutting
a street and the street. It shall be deemed to include only that portion
of the driveway or access road that lies within the established right-of-way
limits of the street.
Any person who makes application for a permit under the provisions
of this Part.
The building, putting together, installation or placing of
any materials upon, through, or over the street, curb, sidewalk or
areas within the right-of-way of any street, alley or lane within
the Township which could interfere with the public's use of said street,
right-of-way or sidewalk.
Any unforeseen circumstances or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
The digging of any trench or excavating through or under
the street, curb, sidewalk, or right-of-way or the cutting into or
opening and removal of any of the pavement surfaces and/or subsurfaces,
curbs or sidewalks within the right-of-way of any street, alley, lane,
curbs or sidewalks within the Township.
The Township employee, agent or consultant designated by
the Township from time to time to review and inspect construction,
restoration and/or maintenance activities pursuant to a permit issued
under this Part.
Any special purpose governmental unit incorporated and/or
created pursuant to the laws of the Commonwealth of Pennsylvania,
including but not limited to the Pennsylvania Municipal Authorities
Act.[2]
Any person who has been issued a permit under this Part.
Shall include, without limitation, any natural person, partnership,
firm, association, utility, corporation, joint venture, limited liability
company, trust, estate, governmental agency or authority and/or any
other entity.
Any company subject to the jurisdiction of and control by
the Pennsylvania Public Utility Commission or the Federal Communications
Commission.
The cash performance escrow fund established by a permittee
or an irrevocable letter of credit issued for the benefit of the Township
guaranteeing the full and proper construction, erection, installation,
completion, inspection and maintenance of the improvements and other
obligations undertaken by the permittee pursuant to a permit. If an
irrevocable letter of credit is provided, the form thereof must be
approved by the Township Solicitor, and the letter of credit must
be available for draws/presentation no further than 60 miles from
the Township's office. Performance bonds are not accepted as security
under this Part. Security is sometimes referred to as a "performance
escrow" in this Part, and the terms are intended to be used interchangeably.
Any avenue, boulevard, road, lane, parkway, viaduct, or other
way for the movement of vehicular traffic which is an existing state,
county, Township roadway or way shown upon a plan and includes the
land between street or right-of-way lines, whether unimproved or improved,
with pavement, gutters, sidewalks, curbs, parking areas and other
areas within the right-of-way.
The excavation, installation, construction, or the establishment
of any access from abutting property to a street, which access will
be used by vehicles as a means of ingress or egress to said streets.
The excavation, installation, or construction within the
right-of-way of Township streets which does not fall within the definition
of "street occupancy."
The Township of Upper Macungie, County of Lehigh, Commonwealth
of Pennsylvania.
[Ord. No. 2019-09, 11/7/2019]
It shall be unlawful for any person to make any street opening
or undertake any construction of any kind upon, in, under, or over
the right-of-way of any street or to make any street occupancy without
first securing a permit from the Township for each separate street
opening or street occupancy; however, any person maintaining pipe,
lines, or other underground facilities in or under the surface of
any street may proceed with a street opening without first obtaining
a permit when emergency circumstances demand the work to be performed
immediately and provided that the permit could not reasonably and
practically have been obtained beforehand. The person shall thereafter
apply for a permit on the first regular business day on which the
Township office is open for business, and said permit shall be retroactive
to the date when the work began. In all cases where emergency openings
are necessary, the Township Public Works Department shall be notified
prior to such openings. The permit fees, performance escrow amounts
and inspection escrow amounts for street excavations and street occupancies
shall be as listed in the Township's Fee Schedule which may be updated
by resolution of the Board of Supervisors from time to time. Notwithstanding
the foregoing, entities under contract with or performing work for
the Township are required to obtain a permit under this Part; however,
no fee is required for such a permit. Permit fees are not subject
to a partial refund or any reimbursement of funds or deposits in the
event the applicant does not timely pick up a permit following review
by the Township. Following the Township's notification to the applicant
that a permit has been reviewed, has been approved (effective upon
being picked up) and is ready to be picked up at the Township's office,
the permit shall be valid for the period of time established by resolution
of the Board of Supervisors, which may be adjusted from time to time.
Failure of the applicant to pick up the permit shall render the permit
denied and, prior to commencing any street opening or street occupancy,
the applicant must submit a new permit application with fees as required
by the fee schedule then in effect.
[Ord. No. 2019-09, 11/7/2019]
No person to whom a permit has been granted shall perform any
of the work authorized by such permit or any work greater than that
specified in the permit, except upon approval by the Inspector. Additional
work beyond that originally authorized by the permit may only be performed
under the provisions of the permit in such an amount as the Inspector
shall deem appropriate and necessary to complete the work. Any inspection
escrow amount and security posted in connection with the original
permit shall be deemed to cover any such additional work as may be
approved pursuant to this section. Upon request of the Township, the
permittee shall so acknowledge the applicability of the inspection
escrow and security to the additional work. If the scope of the work
would require additional security or an addition to the inspection
escrow, the additional security or inspection escrow funds shall be
provided to the Township before the additional scope of work approved
by the Inspector commences.
[Ord. No. 2019-09, 11/7/2019]
1.
Work for which a permit has been issued shall be completed within
120 days after the issuance of the permit unless otherwise specified
in writing by the Township. If not so completed, the permit shall
be automatically terminated unless the permittee applies to the Township
for an extension of time within which to perform the work. If such
an extension is granted, the original permit shall remain in force
for the period of time specified in the extension. The permittee shall
notify the Township Public Works Department and the Inspector 48 hours
prior to the initial commencement of work and prior to subsequent
starts of work.
2.
All work must be performed during times specified in the following sections. All street openings and excavations must be closed and all obstructions removed from the Upper Macungie Township right-of-way at all other times. Exceptions are granted only in an emergency or when written permission is obtained in advance from the Inspector. No work shall be performed on any Saturday, Sunday, or legal holiday except in case of an emergency. If a street opening or excavation is left at any incomplete stage for over 24 hours, it may be deemed contrary to the public interest by the Township and be subject to the Township's rights and remedies outlined in this Part, including but not limited to those in § 21-110 concerning revocation of permits.
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Monday - Friday 7:00 a.m. to 4:00 p.m.
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No work may be performed on any Saturday, Sunday, or legal holiday.
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[Ord. No. 2019-09, 11/7/2019]
Permits are not transferable from one person or entity to another,
and the work shall not be made in any place other than the location
specifically designated in the permit.
[Ord. No. 2019-09, 11/7/2019]
Every permit shall expire at the time the stated in the permit. If the permittee does not complete the work within the specified time, the permittee shall, at least two business days prior to expiration of the permit, present in writing to the Township a request for an extension of time, setting forth therein the reasons for the requested extension. If in the opinion of the Township such an extension is necessary and not contrary to the public interest, the permittee may be granted additional time for the completion of the work. In the event that the Township does not agree to an extension of the time to complete the work, the permit shall expire and the Township's rights and remedies shall be as outlined in this Part, including but not limited to those in § 21-110 concerning revocation of permits and § 21-113 concerning default by the permittee.
[Ord. No. 2019-09, 11/7/2019]
All street excavation or construction work required by utilities
owned and/or operated by the Township shall be made and restored under
the direction and supervision of the Inspector. The permit, permit
fee, inspection escrow and security requirements of this Part shall
not be applicable to any openings or occupancies made by such municipally
owned and/or operated utilities.
[Ord. No. 2019-09, 11/7/2019]
1.
The provisions of this Part shall not be applicable in those instances
where the highway is maintained by the Commonwealth of Pennsylvania
or by the County of Lehigh. For such highways, work shall not commence
until all applicable permits are obtained from either the Commonwealth
of Pennsylvania or the County of Lehigh, as applicable.
2.
When work is proposed within a private road, no permit is required
under this Part but the work performed shall comply with all applicable
Township construction standards and details, and, if applicable, permission
must be obtained from the owner(s) of the private road before work
commences.
[Ord. No. 2019-09, 11/7/2019]
Permits shall be granted subject to the right of the Township
or any other person to lawfully use the street for any purpose not
inconsistent with the permit. The Township shall also have the right
to require that permittees allow reasonable additional uses of said
permittee's facilities and trenching in order to avoid duplication
of facilities, work and congestion of said streets.
[Ord. No. 2019-09, 11/7/2019]
1.
Any permit may be revoked by the Township after notice to the permittee
for:
A.
Violation of any condition of the permit or any provision of this
Part.
B.
Violation of any provision of any other applicable ordinance and/or
resolution relating to the work.
C.
The permittee failing to replenish its inspection escrow and/or renew
the security required by this Part.
D.
Existence of any condition or the doing of any act constituting or
creating a nuisance or endangering life or property.
2.
Written notice of any such violation or condition shall be served
upon the permittee. The notice shall contain a brief statement of
the reasons for revocation of the permit. Notice may be given either
by personal delivery thereof to the person to be notified, by certified
or registered United States Mail addressed to the persons to be notified
with return receipt requested or by nationally recognized overnight
courier requiring a signature for delivery. Notice shall be deemed
to be effective the day delivered if by personal delivery, the day
after the notice is deposited with the U.S. Postal Service if sent
by certified or registered mail, return receipt requested or the day
after the notice is deposited with a nationally recognized overnight
courier.
3.
When any street opening permit has been revoked or the Township does
not agree to an extension of the permit to complete the work, and
the work authorized by the permit has not been completed, the Township
may do such work as is necessary to restore the street or part thereof
to as good a condition as before the opening was made. All expenses
thereby incurred by the Township shall be recovered from the permittee,
including but not limited to the Township's attorneys' and experts'
fees. The Township shall have the absolute right to draw on the permittee's
security for all expenses incurred in restoring the street or part
thereof under section.
[Ord. No. 2019-09, 11/7/2019]
1.
It shall be the duty and responsibility of any applicant to:
A.
Make written application for the issuance of a street opening or
street occupancy permit to the Township upon the form(s) furnished
by the Township for that purpose and deliver all other information
required by said form(s) to be furnished to the Township. The application
shall be completed and signed by the applicant and all fees shall
be paid when the permit application is delivered to the Township.
B.
Make certain no work commences until (i) the Township has approved
the application and plan and has issued a permit, (ii) the permittee
has paid and provided all inspection escrow fees, security and evidence
of insurance as required by this Part, and (iii) the permittee has
notified the Township Public Works Department and the Inspector of
the time work is to commence pursuant to the requirements of this
Part.
2.
By submitting a permit application and picking up an approved permit,
all applicants shall have agreed to exonerate, indemnify, protect,
defend and save harmless the Township and its boards, committees and
commissions (including the individual members thereof), their elected
and appointed officers and officials and their employees, contractors,
other professional consultants, engineers, solicitors, managers, representatives,
inspectors, advisors, predecessors, successors, agents, independent
contractors, insurers and assigns (collectively, the "Township representatives"),
from any and all claims, cross-claims, lawsuits, proceedings, actions,
causes and rights of action, expenses, assessments, awards, attachments,
losses, allegations, demands, injuries, losses, costs (including,
without limitation, attorneys' fees and other costs and expenses incurred,
including expert witness fees), damages (including, without limitation,
compensatory, consequential or punitive damages), sanctions, and liabilities
of every kind, character and manner whatsoever, in law or in equity,
civil or criminal, administrative or judicial, contract, tort (including,
without limitation, negligence of any kind) or otherwise ("claims"),
pertaining to, relating to, resulting from, caused by or arising out
of: (i) the design, construction (including but not limited to materials
and workmanship) or operation of the improvements within the street,
including but not limited to any alleged negligence of the Township
or Township representatives, for damages or injuries, including death,
to person or properties pertaining to, relating to, resulting from,
caused by, arising out of or sustained in connection with the design,
construction or operation of the improvements within the street; (ii)
the failure of the applicant or applicant's agents, contractors, employees,
heirs, executors, representatives, successors and assigns to comply
with the terms of the permit for construction of the improvements;
and/or (iii) defects in materials and/or workmanship or for or on
account of any accident or other act, negligent or otherwise, or omission
of the applicant or his/her/its agents, servants, consultants, independent
contractors or employees.
3.
In requesting a street opening, the applicant shall indicate justification
for installing facilities above ground in any Township right-of-way,
since it is the intention of the Township to encourage the installation
of underground utilities.
[Ord. No. 2019-09, 11/7/2019]
1.
Street Openings. It shall be the duty and responsibility of any person
receiving a street right-of-way permit to:
A.
Pay the inspection escrow fee which shall be listed in the Township
Fee Schedule as updated from time to time by resolution of the Upper
Macungie Township Board of Supervisors; provided, however, that public
utility companies and municipal authorities may, upon written request
to the Township, which request is approved by the Township in writing
in the Township's sole discretion, elect to be billed monthly for
such fees as they accrue in a single invoice for all such permits
that may be open at the particular time instead of requiring independent
inspection escrow amounts for each individual permit.
B.
Make a deposit into an inspection escrow account to cover the cost
of inspecting the work authorized by the permit. The deposit to be
made by the permittee shall be in accordance with the amount listed
in the then-current Township Fee Schedule, as updated from time to
time by resolution of the Upper Macungie Township Board of Supervisors.
The deposit shall be paid at the time the permit is issued to the
permittee, and the deposit shall be used to reimburse the Township
for the cost to cover all necessary inspection of said work, the cost
of restoration, or for any other purpose set forth in this Part. The
Township may elect to waive this requirement, in the Township's sole
discretion, insofar as it pertains to a public utility company, if
such company submits a written request of the waiver to the Township
which is approved in writing by the Township and such public utility
company files with the Township security satisfactory with the Township
Solicitor in an amount necessary to cover the required security and
inspection escrow amounts, conditioned upon the payment to the Township
of all costs which would otherwise be covered by and paid out of such
inspection escrow. In event any public utility company elects to file
such security, the Township shall bill such company monthly for such
costs as they accrue, and all such invoices shall be due within 30
days.
(1)
Upon the Township forwarding the permittee an invoice for Township
expenses incurred during observation and inspection of the work, Township
is authorized and shall have the unilateral right to withdraw monies
from the inspection escrow to cover the Township expenses set forth
in the invoice. The permittee shall replenish the inspection escrow
by promptly paying the invoice. Said payment will be deposited into
the inspection escrow account. Any invoices not paid within 30 days
of the invoice date shall incur a finance charge of 1% per month compounded
monthly until such sums have been paid. If at any time the inspection
escrow account is insufficient to cover all or any part of an invoice
for Township expenses, and the Township informs the permittee of this
fact, the Township shall have the unilateral right to withdraw the
remaining monies from the inspection escrow account and the permittee
shall pay Township the amount of any such shortfall and also make
a payment for the total invoice whereby said monies will be deposited
in the inspection escrow account. The permittee's obligation to pay
invoices for which there are insufficient funds in the inspection
escrow account is in addition to the permittee's obligation to replenish
the inspection escrow account balance in accordance with this section.
If an inspection escrow account remains unfunded after 30 days, the
Township shall have the right to (i) deny issuing additional permits
to the permittee for other proposed openings or occupancies; (ii)
stop all inspections under permits then-issued; and/or (iii) issue
an order that the permittee cease and desist all work until all outstanding
invoices are paid and the inspection escrow account is replenished
as required by this Part.
C.
When the permit is issued, the permittee shall provide the Township
with security to guarantee faithful performance of the work authorized
by a permit granted pursuant to this Part. The amount of the security
shall be as established in the Township Fee Schedule adopted by resolution
of the Board of Supervisors. The term of the security shall begin
from the date of the permit being issued and shall not expire until
18 months following the permanent restoration of the pavement as evidenced
by the receipt of a certificate of final inspection from the Inspector.
If the permittee anticipates requesting more than one permit per year
as required by this Part, the permittee may furnish one letter of
credit or cash escrow account in such mount as the Township deems
necessary to guarantee faithful performance, but such amount shall
be no less than the aggregate sum of the security for each project
individually.
D.
Provide the Township with evidence that the following insurance coverage
is in place, indicating that the permittee, the Township and the Township
representatives are insured against claims for damages for personal
injury as well as against claims for property damages which may arise
from or out of the performance of the work, whether such performance
be by the permittee, its subcontractor, or anyone directly or indirectly
employed by the permittee. The permittee shall provide copies of its
liability insurance policy and endorsement(s) for the coverage of
Township and Township representatives and the declaration page(s)
by which the Township and the Township representatives are named as
additional insureds and that the requirements of this Part are complied
with. Insurance binders shall also be acceptable in lieu of providing
the actual policies and endorsement(s). This information shall be
delivered to the Township for review when the permit application is
delivered to the Township. Evidence of the renewal of each such policy
shall be provided to the Township for a permit to be valid. Such insurance
shall cover all manner of liability, including but not limited to:
collapse, explosion hazards, and underground work by equipment of
the street and shall include protection against liability arising
from completed operations.
(1)
Commercial general liability (includes bodily injury and property
damage): limit $1,000,000 per occurrence, $2,000,000 in the aggregate,
with the Township listed as additional insured on a primary noncontributory
basis explosion/collapse not excluded.
(2)
Commercial automobile liability: $1,000,000 combined single
limit, with the Township listed as additional insured on a primary
noncontributory basis.
(3)
Workers' compensation: limit per statute, employers liability
$1,000,000, all three parts, waiver of subrogation in favor of the
Township from policy holder.
(4)
Excess or umbrella liability: $2,000,000. Form follows over
all coverage shown above and contains no additional exclusions.
E.
A public utility company or municipal authority may be relieved of
the obligation of submitting such evidence of insurance if it submits
satisfactory evidence that said company or authority and the Township
and Township representatives are insured or it has adequate provision
for self-insurance of itself, the Township and the Township representatives
in accordance with the requirements of this Part. Evidence of self-insurance
shall be acceptable to the Township Solicitor. Public utilities and
authorities may submit annually such evidence of insurance coverage
in lieu of individual submissions for each permit.
2.
Street Occupancy. It shall be the duty and responsibility of any
person receiving an issued street right-of-way permit to:
A.
Pay all required fees, inspection escrows and provide security which
are listed in the Township Fee Schedule and as updated from time to
time by resolution of the Upper Macungie Township Board of Supervisors.
B.
The permit and an approved copy of the plan shall be posted in full
view of the public at all times while such work is in progress at
the location for which said permit was granted.
3.
Indemnification. All permittees shall be deemed to have agreed to
exonerate, indemnify, protect, defend and save harmless the Township
and the Township representatives from any and all claims pertaining
to, relating to, resulting from, caused by or arising out of: (i)
the design, construction (including but not limited to materials and
workmanship) or operation of the improvements within the street, including
but not limited to any alleged negligence of the Township or Township
representatives, for damages or injuries, including death, to person
or properties pertaining to, relating to, resulting from, caused by,
arising out of or sustained in connection with the design, construction
or operation of the improvements within the street; (ii) the failure
of the applicant or the applicant's agents, contractors, employees,
heirs, executors, representatives, successors and assigns to comply
with the terms of the permit for construction of the improvements;
and/or (iii) defects in materials and/or workmanship or for or on
account of any accident or other act, negligent or otherwise, or omission
of the applicant or his/her/its agents, servants, consultants, independent
contractors or employees.
[Ord. No. 2019-09, 11/7/2019]
Whenever the Inspector shall find that a default has occurred
in the performance of any term or condition of the permit, including
failure to complete the work within the time granted by the permit,
written notice thereof shall be given to the permittee. Such notice
shall state the work to be done and the period of time deemed by the
Inspector to be reasonably necessary for the completion of the work.
After receipt of such notice, the permittee must, within the time
therein specified, cause the required work to be performed. Failure
to complete this work by the specified date will subject the permittee
to the default and remedy provisions of this Part. In the event that
the default has created a condition that the Inspector deems to be
a threat to the public health, safety or welfare, including a condition
of an emergency nature, no notice must be provided of the default
and the Township shall have the right to exercise all available remedies
without first having provided written notice. The Township shall have
the absolute right to draw on the permittee's security for all expenses
incurred in curing a default of a permittee, including but not limited
to restoring the street (including restoration during a post-completion
maintenance period) and all costs and expense of attorneys and experts
retained by the Township.
[Ord. No. 2019-09, 11/7/2019]
No permit shall be issued by the Township which would allow
an excavation or opening in a paved and improved street surface less
than five years old unless the applicant can clearly demonstrate that
public health or safety require that the proposed work be permitted
or an emergency condition exists. This section applies to any street
that has received a surface treatment within the previous five-year
period, including but not limited to top coat paving and chipping
and sealing. For new roads dedicated to the Township, the five-year
period begins from the point of the Township's formal acceptance of
the road following expiration of the applicable maintenance period.
The Township Board of Supervisors shall have the right, but in no
event any obligation, to grant exceptions to this section for nonemergency
situations following receipt of a written request from an applicant
outlining the justification for the requested exemption.
[Ord. No. 2019-09, 11/7/2019]
If a permit is issued to open any paved and improved street
surface less than five years old, an additional payment shall be made
for the opening, except that the payment shall be waived in the event
the work is of an emergency nature. The additional payment shall equal
the greater of $250 or 2% of all the total cost of restoring the opening
for each unelapsed month or fraction thereof of the five-year restricted
period.
[Ord. No. 2019-09, 11/7/2019]
In case of an emergency arising at night, Saturday, Sunday,
legal holidays or at such times as the office of the Township is closed
and an immediate excavation may be necessary for the protection of
public or private property, or life, the same shall be made upon the
express condition that a permit application required by this Part
be made to the Township, with a copy to the Township Public Works
Department, on or before 12:00 noon of the next business day.
[Ord. No. 2019-09, 11/7/2019]
Each permit granted hereunder constitutes a revocable permission
to occupy or to open a Township right-of-way. By accepting a permit,
each permittee agrees that if it becomes necessary to construct, reconstruct,
maintain, change the grade of or otherwise alter the existing street,
curb, sidewalk or access in such a manner that removal or relocation
of the utility facilities, curb cut, crossover or access is required,
such removal or relocation must be made by the permittee at this own
expense.
[Ord. No. 2019-09, 11/7/2019]
Every person owning, using, controlling or having an interest
in pipes, conduits, ducts or other structures under the surface of
any street used for the purpose of supplying or conveying gas, electricity,
communication signals (including television cable, internet, fiber
optic and telephone), sanitary sewage, water or steam to or from the
Township or to or from its inhabitants, or for any other purposes,
shall file with the Township within 120 days after the adoption of
this Part plans or as-built prints containing the names of the Township's
streets wherein the aforementioned facilities owned by such a person
are located. The presented prints shall show location and depth of
existing facilities.
[Ord. No. 2019-09, 11/7/2019]
1.
Whenever any pipe, conduit, duct, tunnel, or other structure located
under the surface of any street, or the use thereof, is abandoned,
the person owning, using, controlling or having an interest therein
shall, within 30 days after such abandonment, file with the Township
a statement in writing giving in detail the location of the structure
so abandoned.
2.
Whenever there are manholes or tunnels associated with abandoned
underground facilities, such manholes or tunnels shall be filled in
at the time of abandonment and the Township notified thereof in writing.
3.
When the Township plans to pave or improve streets in which there
are abandoned facilities, the owners of such facilities shall be required
to remove them if in the opinion of the Township their removal is
in the best interest of the Township. If the owner shall refuse to
remove such facilities, the Township shall remove the abandoned facilities
and the owner shall reimburse the Township for such removal.
[Ord. No. 2019-09, 11/7/2019]
1.
If the work to be undertaken by the permittee, including private
contractors, is such that it will affect the use of properties abutting
or adjoining the project, the permittee shall notify the affected
property owners and/or tenants of the proposed work to be done. This
notice shall be given not less than 48 hours prior to the start of
work.
2.
If the work to be undertaken by a permittee will affect other subsurface
installations in the vicinity of the proposed opening or occupancy,
the permittee shall notify the owners of such facilities of the proposed
work.
3.
The Inspector shall notify in writing the Township Police and Fire
Departments of all street opening permits he grants. Such notification
shall state the nature of the work to be done, proposed beginning
and completion dates and the location of such projects.
4.
If the work to be undertaken under Subsection 1 or 2 above is to be undertaken by a public utility subject to the jurisdiction of the Pennsylvania Public Utility Commission, the utility must notify the Township no less than 72 hours prior to the start of the work. The Township will endeavor, but will not be required, to post notice on its website of the anticipated start of the work. The Township strongly encourages all public utilities to provide direct notice to the affected property owners, tenants and owners of other subsurface faculties of the proposed work.
[Ord. No. 2019-09, 11/7/2019]
Upon notification by the permittee that all work authorized
by the permit has been completed, and after restoration of the opening,
according to specifications, the Inspector shall determine if additional
security shall be required, which security shall be paid, and all
security and inspection escrow balances, if any, shall be returned
two years from the date of completion of the restoration work. In
no event shall the permit fee or any portion of the inspection escrow
account or security utilized by the Township to perform work or pay
for Township expenses be refunded.
[Ord. No. 2019-09, 11/7/2019]
1.
The provisions of this Part shall not apply to the setting or resetting
of curbstones, laying or relaying of sidewalks or footways, driveway
aprons or gutters on or along Township streets where such work is
the obligation of a subdivider or developer under the Land Subdivision
Regulations of the Township of Upper Macungie[1] before Township acceptance of the street, curbing, sidewalk,
etc.
2.
It shall be the duty of every owner of a parcel of real estate, and they are hereby required, prior to the setting or resetting of curbstones, laying or relaying of sidewalks (which includes driveway aprons for purposes of this § 21-122) or footways or gutters on or along any street in the Township of Upper Macungie, to make application to the Township for a survey, which application shall be directed to the Township Engineer requesting him to fix the line and grade for the setting or resetting of curbstones, the laying or relaying of sidewalks or footways or gutters, and to endorse on the back of the request for survey the date when such survey was made, and such endorsement by the Township Engineer shall be sufficient authority for such owner, contractor or laborer to commence and complete along such lot or ground as may be described in such request for survey and in accordance with the regulations, rules and specifications fixed and established by ordinance and resolution, and none other, to set or reset curbstones, lay or relay sidewalks or footways and gutters, for which such request for survey has been granted.
3.
The Township shall receive for the use of the Township, from every
owner of real estate before he issues any request for survey for curbing,
sidewalks, footways or gutters, a fee listed in the Township Fee Schedule
as established by the Upper Macungie Township Board of Supervisors
and as updated from time to time by resolution.
[Ord. No. 2019-09, 11/7/2019]
Any and all street right-of-way permits which shall be issued
under this Part shall be made conditional upon the permittee performing
the work in accordance with the plans approved by the Township and
the standards established by the Upper Macungie Township Subdivision
Regulations, and any and all additional regulations relating thereto
adopted by the Township and where applicable, the Driveway Regulations
of the Pennsylvania Department of Transportation.
[Ord. No. 2019-09, 11/7/2019]
1.
Street Right-of-Way/Easement. Any person violating any of the provisions
of this Part or any regulations and specifications adopted hereunder
relating to street openings and occupancies shall, upon conviction
thereof before a Magisterial District Judge, be sentenced to pay a
fine not to exceed $1,000 for each offense, and costs of prosecution,
including attorneys' fees. Each day that a violation of this Part
or any regulations and specification adopted hereunder continues shall
be deemed a separate offense. The Township, by means of other appropriate
legal proceeding, including a complaint in equity, may compel any
person to comply with this Part or any regulations and specifications
adopted hereunder, or seek any such other relief as any court of competent
jurisdiction is empowered to afford.
2.
Any person who has, without first obtaining a permit, made any street
occupancy or excavation in the Township shall, upon conviction, pay
a fine not to exceed $1,000 for each offense, and costs of prosecution,
including attorneys' fees, and then be required to immediately obtain
a street right-of-way/easement permit to cover retroactively such
work as has been performed. This previously performed work shall be
brought into compliance with all Township regulations and specifications
pertaining to street occupancy or excavation.
[Ord. No. 2019-09, 11/7/2019]
Whenever the Inspector shall find that work was not done in
a manner serving the best interest of the community and/or the Township,
the permittee shall, upon request of the Inspector, bring such work
into compliance with standards deemed necessary by the Township.
