CHAPTER 1020
Excavations and Constructions

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CROSS REFERENCES:
Power to lay out, open, widen, vacate, etc., streets and highways - see 1st Class §2005
Opening and repairing roads - see 1st Class §2013
Road material, ditches, drains and watercourses - see 1st Class §2065 et seq.
Fencing of excavations and depressions - see GEN. OFF. 660. 04
Excavations in Floodplain Conservation District - see P.&Z. 1286.11(b)

1020.01    HIGHWAY DEFINED.

The word “highway,” wherever used in this chapter, means the legal right of way of any public road, street, lane or bridge. (Ord. 90. Passed 12-6-48.)

1020.02    PERMIT REQUIRED,

No person shall open or break any highway, gutter, curb, sidewalk or any other portion of a highway by digging therein or otherwise, or by tunneling under the surface of such highway, or erect, lay, construct, build or place any pole, sign post, driveway, sidewalk, curb, gutter, fence, wall, pipe, culvert or other structure in, upon, across, beneath or into any highway, or cut down any curb, or occupy any portion of a highway with materials, unless and until a permit to do so has first been obtained as provided in this chapter. (Ord. 90. Passed 12-6-48.)

1020.03    PERMIT APPLICATION.

Application for a permit shall be made to the Highway Committee of the Board of Township Commissioners and shall be signed by the applicant or the applicant’s duly authorized agent. The application shall state with reasonable clarity the place where the work is to be done; the portion of the highway to be occupied; the purpose for which the work is to be done or the highway occupied; the name of the owner of the property abutting; the consent of the abutting owner; and any other information which the Committee may require. However, any corporation requiring the approval of the Public Utility Commission of the Commonwealth shall first obtain such approval and file with the application a certified copy of such Public Utility Commission’s authority. The consent of the abutting property owner need not accompany the application.  (Ord. 90. Passed 12-6-48.)

1020.04    PERMIT FEES AND CHARGES.

(a)     The fee for the permit required by Section 1020.02 shall be twenty dollars ($20.00) in all cases. In addition, the following charges shall be made:

(1)   For opening a trench off the paved or traveled portion of a roadway, ten dollars ($10.00) for the first fifty running feet and five dollars ($5. 00) for each additional fifty feet or fraction thereof over the first fifty feet;

(2)    For erecting a pole for the carrying of overhead wires, ten dollars ($10.00) per pole;

(3)    For occupying a portion of a highway with buildings, dumpsters or other materials, including proper barricades, ten dollars ($10.00) per month or fraction thereof;

(4)    For opening an amesite or concrete surfaced highway, twelve dollars ($12.00) per square yard for the first five square yards and seven dollars ($7.00) per square yard over the first five square yards, with a maximum fee of five hundred dollars ($500.00);

(5)    For opening an oiled macadam surfaced highway, five dollars ($5.00) per square yard;

(6)    For tunneling, twenty-five dollars ($25.00), after which the surface must be opened and restored and the fee provided herein for the particular type of surface opened shall be paid;

(7)    For opening a dirt road, two dollars ($2.00) per square yard;

(8)    For boring in a concrete, amesite or oiled macadam surfaced highway, four dollars ($4.00) for each hole bored; and

(9)    For depressing a curb, two dollars ($2.00) per foot. or fraction thereof, and the curb must be restored to a smooth surface.

(b) The application for a permit shall be accompanied by a check for the sum estimated to be needed for the work to be done as provided herein. When work is completed, the opening shall be measured and any additional sum found to be due shall be immediately paid to the Township.

(Ord. 618. Passed 5-20-87.)

1020.05   ISSUANCE OF PERMIT; EFFECTIVE PERIOD; RENEWALS.

Upon approval of the application by the Highway Committee and its receipt by the Secretary of the Township, together with the necessary fees, the Township Secretary shall then issue a permit, which permit shall be valid for thirty days and which may be renewed once for an additional period of thirty days upon the payment of the sum of two dollars ($2. 00).  (Ord. 198. Passed 4-2-58.)

2000 Replacement