[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Mount Bethel as indicated in article histories. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Appendix A
[Adopted 5-29-1974 by Ord. No. 231]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In accordance with the provisions of 53 P.S. § 67322, as amended, no railroad or street railway shall hereafter be constructed upon any Township road, nor shall any railroad or street railway crossings, nor any gas pipe, water pipe, electric conduits, or other piping be laid upon or in, nor shall any telephone, telegraph, or electric light or power poles, or any coal tipples or any other obstructions be erected upon or in, any portion of a Township road except under such conditions, restrictions and regulations relating to the installation and maintenance thereof, as may be prescribed in permits granted by the Township for such purpose.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The application for a permit shall be on a form prescribed by the Township and submitted to the Township in duplicate. The application shall be accompanied by a fee in accordance with the schedule of fees set forth by the Department of Transportation for highway occupancy permits and restoration charges.[1] In addition, the applicant shall submit two copies of a sketch showing such dimensions as the location of the intended facility, width of the traveled roadway, right-of-way lines and a dimension to the nearest intersecting street.
[1]
Editor's Note: See 67 Pa. Code § 441.4.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Upon completion of the work authorized by the permit, the Township shall inspect the work and, when necessary, enforce compliance with the conditions, restrictions and regulations prescribed by the permit. In addition to that inspection, the Board of Supervisors or its agents may reinspect the work not more than two years after its completion, and if any settlement of the road surface or other defect appears in the work contrary to the conditions, restrictions and regulations of the Township, the Board of Supervisors may enforce compliance therewith. Where any settlement or defect in the work occurs, if the applicant fails to rectify a defect which presents an immediate or imminent safety or health problem within 48 hours or any other defect within 60 days after written notice from the Township to do so, the Township may do the work and impose upon the applicant the cost thereof, together with an additional 20% of such cost.
[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.
Any ordinance or part of ordinance inconsistent herewith is hereby repealed insofar as it is inconsistent herewith.
[Adopted 8-9-1993 by Ord. No. 93-9]
It is in the public interest to regulate:
A. 
The location and construction of utility facilities and other structures within the municipality's right-of-way.
B. 
The location, design, construction, maintenance and drainage of access driveways and private streets within the structural integrity of the street, economy of maintenance, preservation of proper drainage, and safe and convenient passage of traffic.
A. 
As used in this article, the following terms shall have the meanings indicated:
MUNICIPALITY
Upper Mount Bethel Township of Northampton County.
B. 
Definitions shall be as specified in the Commonwealth of Pennsylvania, Pennsylvania Code, Title 67, Transportation, Department of Transportation, Chapter 441, Access To and Occupancy of Highways by Driveways and Local Roads, and Chapter 459 Occupancy of Highways by Utilities.
A. 
No work shall be performed within the right-of-way of a Township Road involving the placing or repair of utility facilities or other structures, opening of the surface for any purpose, laying out or constructing driveways or roads or any other means of ingress or egress, or altering of driveways, roads or drainage without first obtaining a permit from the municipality.
B. 
Nothing in this article shall be construed to require a permit in advance for emergency repairs necessary for the safety of the public or restoration of service, but application for such permit and the fees shall be submitted as herein prescribed within five days after the commencement of the work.
The application for a permit shall be on a form prescribed by the municipality and the required number of copies shall be submitted to the municipality's designated representative. The application for permit shall be accompanied by three copies of a plan detailing the location and pertinent dimensions of the opening, the proposed installation and related street features (width of traveled roadway, right-of-way lines, distance to the nearest intersecting street, and for driveways, distance to side property lot lines). All as requested on the application.
The application for permit shall be accompanied by fees in accordance with the schedule of fees set forth by the Pennsylvania Department of Transportation for highway occupancy permits, 67 Pa. Code § 441.4.
A. 
Drainage control.
(1) 
No increase in the flow of water onto the roadway or right-of-way or onto the property of some other person shall be permitted without a drainage control plan.
(2) 
If an increase of runoff as described in Subsection A(1) will occur, appropriate releases shall be obtained from the owners of land receiving the increased runoff and submitted with application. The drainage release shall be notarized and recorded in the Office of Recorder of Deeds.
B. 
Work standards. All work shall be done in such a manner as shall be consistent with the safety of the public. Where traffic control is necessary, it shall be accomplished according to the appropriate standards of the Pennsylvania Department of Transportation regulating work site traffic control in effect at the time the work is performed. (See Appendix A.)[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
C. 
Damage to public facilities. The permittee shall restore all pavement and shoulders to their former condition at the expense of the permittee and shall be responsible for repairing any failure of facilities within two years of completion of the work. If the permittee fails to comply with section, the municipality shall complete the necessary repairs and collect the costs as per § 291-14 of this article.
D. 
Driveway and private street locations.
(1) 
All driveways and private streets shall be located, designed, constructed, and maintained so as not to interfere with the design, maintenance, and drainage of the street being intersected.
(2) 
Driveways shall be permitted only at locations with adequate sight distance and which will not create a traffic hazard. Locations of private streets shall conform to the standards of Chapter 298, Subdivision and Land Development.
E. 
Driveway design standards. All driveways must be constructed according to the current standards of the Pennsylvania Department of Transportation.
F. 
Work schedule. A time schedule must be submitted with the application and said time schedule must be approved by the municipality.
G. 
Indemnification. The permittee shall fully indemnify and save harmless and defend the municipality, its agents and employees, of and from all liability for damages or injury occurring to any person or persons or property through or in consequence of any act or omission of any contractor, agent, servant, employee or person engaged or employed in, about, or upon the work, by, at the instance, or with the approval or consent of the permittee; from any failure of the permittee or any such person to comply with the permit or this article; and, for a period of two years after the completion of the permitted work, from the failure of the highway in the immediate area of the work performed under the permit where there is no similar failure of the highway beyond the area adjacent to the area of the permitted work.
Upon completion of the work authorized by the permit, the municipality through its designated representative shall cause the work to be inspected and when necessary, enforce compliance with conditions, prescribed by the permit and this chapter. If the permittee shall fail to rectify any defect within 60 days of written notice from the municipality to do so, the municipality may cause the work to be performed and impose upon applicant the cost thereof together with an additional 20% of such cost to offset administrative costs.
Any person, firm, corporation, or utility which shall violate any provisions of this chapter shall be subject, upon conviction before a court of competent jurisdiction, to pay a fine of not more than $300 and cost of prosecution, and in default of the payment of such fine and costs, to imprisonment in the County Jail for not more than five days. Each day of violation shall constitute a separate offense.
If any portion of this chapter shall be found by any court of competent jurisdiction to be invalid, or unconstitutional, or unenforceable, that determination shall not negate the remainder of same.