The filing of an application and the issuance of a permit shall constitute an agreement on the part of the person making the application to comply with all the provisions of this chapter and with all the rules, regulations and requirements of the Highway Committee now in force, or hereafter adopted, and to indemnify and save harmless the Township from and against all claims, demands and actions for damages, either to person or property, that may be sustained by any person by reason of, or arising out of, any work done under the application and permit. (Ord. 90, Passed 12-6-48.)
1020.07 PROTECTION OF OPENINGS.
It shall be the duty of the person to whom a permit has been issued to protect all openings, materials and obstructions, of any kind, in a highway, by red or amber lanterns which shall be kept lighted from sunset to sunrise, and by such fences or other protection as may be required by the Highway Committee or by the Road Master. (Ord. 90. Passed 12-6-48.)
1020.08 BACKFILLING; RESTORATION.
(a) All openings or breaks shall be refilled immediately by the person to whom a permit has been issued, with suitable materials thoroughly compacted and in all respects satisfactory to the Highway Committee and to the Road Master, and the filling shall be puddled where required by the Highway Committee or by the Road Master. Sidewalks, curbs and gutters shall be replaced in the same condition they were in before the opening or breaking. If any depression occurs at any time alter the completion of the work, the person to whom the permit has been issued shall, upon notice, break the surface and apply sufficient additional material to bring it flush with the adjoining surface of the road. (Ord. 90. Passed 12-6-48.)
(b) The person to whom a permit has been issued shall be required, at his expense, to complete the restoration of the surface of any highway which has been broken, opened and/or excavated to complete the work for which the permit was issued. Such work of restoration shall be done in a manner satisfactory to the Road Master and/or the Highway Committee. The person to whom the permit has been issued shall notify the Road Master or the Highway Committee within five days after the work of restoration has been completed in order that it might be inspected for the purpose of determining if the work of restoration has been satisfactorily done. If any defect appears in the area so restored at any time after the completion of the work, such defect shall be corrected by the person to whom the permit has been issued within five days after notice from the Township that repairs are necessary. (Ord. 348. Passed 9-29-71.)
1020.09 PUBLIC SERVICE CORPORATIONS.
The filing of an application by a public service corporation and the issuance of a permit for the laying of water or gas pipe or conduit for electric wires, or for the erection of an electric light, telephone, telegraph or trolley pole, shall constitute an agreement on the part of the applicant that it will at any time thereafter, upon notice from the Highway Committee or the Road Master, at its own expense, make such change in the location or construction of such pipe, conduit or pole as may be required. (Ord. 90. Passed 12-6-48.)
1020.10 AUTHORITY OF HIGHWAY COMMITTEE TO REMOVE CONSTRUCTIONS.
(a) The issuance of a permit as authorized by this chapter shall not give a permanent right to any person to maintain a pole, sign post, driveway, sidewalk, curb, gutter, fence, wall, pipe, culvert or other structure in or on a highway, but the pole, sign post, driveway, sidewalk, curb, gutter, fence, wall, pipe, culvert or other structure in or on the highway may be removed at any time by the Highway Committee. (Ord. 90. Passed 12-6-48.)
(b) Basketball backboards, stands and other recreational structures and equipment
(i) The permanent
placement of basketball backboards, stands and other recreational structures or
equipment projecting into a public right of way, sidewalk or street is
prohibited. Temporary placement of
basketball backboards, stands and other recreational structures or equipment,
which project into the public right of way, street or sidewalk is permitted
between the hours of 9:00 A.M. and 9:00 P.M., only, (subject to the restrictions
set forth herein) and shall be removed from the public right of way, street or
sidewalk daily. (Ord. 857. Passed 3-19-08.)
(ii) Basketball backboards, hoops, stands or other recreational equipment located in a public right of way, sidewalk or street, which, in the opinion of the Code Enforcement Officer, are dangerous, defective or otherwise pose a safety hazard, will be confiscated by the public works department and held at the municipal building garage. If the seized property is not picked up within thirty (30) days after its removal, the said property will be discarded. (Ord. 837 Passed 6-21-06.)
(Ord. 822. Passed 2-16-05.)
No permit for occupying a portion of a highway with building materials, or for other purposes, shall be issued except with the approval of, and upon such terms and conditions as may be required by, the Highway Committee or the Road Master. No such permit shall authorize the occupying of more than one-half of the width of the roadway between gutters. Provisions shall be made by the applicant for such a permit for maintaining at all times a clean and unobstructed passage along the sidewalk, if any, and a free passage for water in the gutter. No building or other material or obstruction shall at any time be placed in a highway within twenty-five feet of a fire hydrant. All the materials or other obstructions occupying the highway shall be removed prior to the expiration of the time for which the permit was issued or for which it was renewed. (Ord. 90. Passed 12-6-48.)
(EDITOR’S NOTE: See Section 202.99 for general Code penalty if no specific penalty is provided.)
1988 Replacement