It shall be unlawful for any person to open or to make any excavation in any street in the Township unless a permit is obtained for that purpose in the manner hereinafter described without first submitting plans to the Township Board of Supervisors or their designee.
A. 
Who may execute applications: Permits shall only be issued to persons furnishing public utility services or owning real property adjoining the location where the opening or excavation is to be made.
B. 
Where to submit application: Permit applications shall be submitted to the Township on any legal business day during normal business hours.
C. 
When to submit applications: Permit applications for street excavations shall be submitted prior to the commencement of any construction.
D. 
Permit applications for street excavations:
(1) 
Shall be submitted in person or by mail on a properly completed Township permit application form;
(2) 
Shall be signed by the applicant;
(3) 
Shall include two sets of plans, of a quality sufficient for photocopying or scanning, detailing the location and pertinent dimensions of both the proposed installation and related roadway features;
(4) 
Shall be accompanied by a check or money order, payable to the Township, in the appropriate amount as hereinafter set forth (relating to permit fees);
(5) 
Shall be submitted to the Township at least 10 working days prior to the anticipated start of work; and
(6) 
Shall contain proof of ownership.
E. 
Except in emergency situations, a permit shall be issued to the applicant by the Township Board of Supervisors or their designee after all requirements for the issuance thereof have been completed. If the application is disapproved, written notice of disapproval together with the reasons therefor shall be given to the applicant.
A. 
The obtaining of street opening permits by Township departments shall be waived when work is to be performed completely by their own personnel.
B. 
The obtaining of street opening permits by contractors shall be waived when work is to be performed as part of a Township public works project.
A. 
In the event that street openings are necessitated by emergencies, street opening permits shall be obtained within five regular business days following the emergency street opening, and said permit shall be retroactive to the date when the work began.
B. 
A person performing street openings for an emergency must certify the emergency nature of the circumstance in writing to the Township Board of Supervisors or their designee, within five regular business days following such emergency.
C. 
A person performing street openings for an emergency must notify the Township Police Department (written or verbal) of the location of the emergency street opening prior to commencing the emergency operation, either en route or at the scene.
D. 
If any such emergency condition shall not be immediately attended to by the owner or person responsible for such pipe, line, construction or apparatus, the Township, after such notice as they shall deem necessary under the circumstances of the particular case, shall proceed to do the work necessary and required by such emergency and charge the same on the basis of cost plus 20% to such owner or person.
E. 
Failure to apply for the road opening permit within the specified time period will result in a penalty established by the Township Board of Supervisors and may be changed from time to time by resolution of the Township Board of Supervisors.
A. 
All work in Township streets governed by this article and for which the permit has been issued in accordance herewith shall be done in accordance with and pursuant to the East Hempfield Township Technical Specifications and Standard Details established by resolution of the Township Board of Supervisors.
B. 
The Township shall have the full authority to establish standards for paving and backfilling materials and associated procedures. Details specifying paving and backfilling procedures and materials shall be obtained from the Township prior to any street opening work. The type of backfill material (either flowable backfill or 2A crushed stone) shall be as directed by the Township Public Works Director.
C. 
Any person who shall open or excavate any street in the Township shall thoroughly and completely refill the opening or excavation as to prevent any settling thereafter, and shall restore the surface and appurtenances (appurtenances include, but are not limited to, curbs, sidewalks, storm sewers, utilities and traffic control devices) to no worse condition than they were before the opening or excavation. As restored, the surface shall conform to the proper grade and be of the same surface covering as the part of the thoroughfare immediately adjoining the opening.
D. 
If, within two years after the restoration of the surface or appurtenance as herein provided, defects shall appear therein resulting from defective workmanship by the applicant, the applicant shall reimburse the Township for the cost of all necessary repairs to the restored surface or appurtenances.
E. 
All work in connection with the permit as described above (including all items shown on the plans and specifications submitted to obtain the permit and any and all incidental work required to complete the work to the satisfaction of the Township Director of Public Works) shall be done by or for the person to whom the permit has been issued at their expense.
F. 
Any person performing work pursuant to a permit issued hereunder shall at all times comply with all applicable federal, state and local laws, rules, regulations, provisions, and policies governing health and safety, including without limitation the Federal Construction Safety Act (Public Law 91-54), Federal Register, Chapter XVII, Part 1926 of Title 29 Code of Federal Regulations, Occupational Safety and Health Regulations for Construction, and subsequent publications updating these regulations.
G. 
No opening or excavation in any street shall extend from the curbline into the highway a distance greater than one foot beyond the center line of the street before being refilled. The surface of the highway shall be restored to a condition safe and convenient for travel.
H. 
No more than 500 feet longitudinally shall be opened in any street at any one time.
I. 
The work of excavation shall be so conducted as not to interfere with any existing underground utility line or lateral or aboveground utility line without first contacting the owner of such utility.
J. 
Construction, extension or replacement of existing water, sewer, steam or gas main or electric, telephone, cable or other utility shall be at a minimum depth of 30 inches from the surface of the street unless approved by Township Board of Supervisors or their designee.
K. 
All openings and excavations shall be backfilled promptly.
L. 
All excavation permits are granted under and subject to the express condition that the person to whom the same is issued shall indemnify, save and keep harmless the Township from any loss in damages or otherwise whatsoever which may or shall be occasioned at any time by the said excavation or by any leak, explosion or other injury from any pipes, apparatus, conduit or any other matter placed in the said excavation.
M. 
The applicant shall notify the Township Director of Public Works 24 hours in advance of when the opening or excavation will be ready for backfilling before commencing any backfilling in the case of unimproved streets and before temporary paving in the case of improved streets; such notifications to allow for inspections to be made.
N. 
In the event that any work performed by or for a permit holder shall, in the opinion of the Township Engineer or Director of Public Works, be unsatisfactory and the same shall not be corrected in accordance with their instructions within the time fixed by them or, in the event that the work for which the permit was granted is not completed within the time noted on the permit, the Township may proceed to correct such unsatisfactory work or complete any such work not completed and charge the cost thereof, plus 20%, to the applicant.
O. 
The permission herein granted does not confer on the permit holder or its contractors the right to cut, remove or destroy trees or shrubbery within the legal right-of-way except under specifications, regulations, and conditions as the Director of Public Works or Township Engineer may prescribe.
P. 
If at any time in the future the roadway is widened, reconstructed or the alignment or grades are changed, the permit holder further agrees to change or relocate all or any part of the structures covered by this permit which interfere with the improvements of the roadway at the permit holder's own cost and expense.
Q. 
The Township of East Hempfield Technical Specifications and Standard Details referred to in this chapter may be changed from time to time by resolution of the Township Board of Supervisors.
A. 
The Township Board of Supervisors or their designee shall give timely notice to all persons owning property on or abutting to any street within the Township about to be resurfaced or reconstructed, and to all public utility companies operating in the Township, and all such persons and utility companies shall make all water, gas or sewer connections as well as any repairs thereto which would necessitate excavation of the said street within 30 days from the giving of such notice, unless such time is extended in writing for cause shown by the Township Board of Supervisors or their designee.
B. 
Newly paved streets shall not be opened for a period of five years after the completion thereof except in the case of emergency. If it is sought to excavate upon or open a street within five years after the completion of the paving thereof for any other reason than an emergency, the applicant shall make written application to the Township Board of Supervisors or their designee, and a permit for such opening shall only be issued after express approval of Township Board of Supervisors or their designee.
A. 
Before any permit shall be issued to open or excavate any street in the Township, the applicant shall pay to the Township a permit fee as described in § 222-7.7, Permit fees, for any opening or excavation, regardless of size, within the Township limits. This fee will cover the cost of inspection and other services in connection therewith. This permit fee may be changed from time to time by resolution of the Township Board of Supervisors.
B. 
When application shall be made to open or excavate any longitudinal opening in a Township street, before any permit shall be issued so to open or excavate, the applicant shall pay to the Township a permit fee.
C. 
The applicant shall pay to the Township upon receipt of a permit to open or excavate a street in the Township a degradation fee to defray a percentage of the costs for resurfacing and reconstruction of Township streets associated with street openings and excavations. The degradation fee shall be in accordance with the degradation fee schedule established by resolution of the Township Board of Supervisors.
D. 
Public utility companies desiring to open or excavate a street shall provide the Township with a bond of indemnity by a reputable surety company licensed to do business in the Commonwealth of Pennsylvania, in the amount of $50,000 in one calendar year, which amount shall be the same for each year thereafter unless changed by resolution of Board of Supervisors. A bond of indemnity shall be furnished separately for each calendar year by a public utility company and shall be in effect for 36 months. All other persons or entities, including contractors performing work for the Township, desiring to open or excavate a street shall furnish to the Township a properly executed surety bond. All such bonds furnished shall be executed by a reputable surety company licensed to do business in the commonwealth. All such bonds shall cover street opening or excavating work performed during one calendar year and shall be in effect for a thirty-six-month period. The amount of the surety bond shall be $5,000 unless any street excavation and restoration work for a single project exceeds such amount. In that case, a person must secure additional bonding in an amount equal to $25 per square yard opened or excavated. The bonding amount may be changed by resolution of Board of Supervisors adopted from time to time.