As used in this Article, the following terms shall have the meanings indicated:
PERMIT AREA
The area within the right-of-way lines of any township highway and any highway constructed in accordance with plans approved by the township, and also such portions of any state or county highway as may be located beyond the curbs, but within the right-of-way lines hereof.
PERSON
Includes a person, firm, corporation or association.
It shall be unlawful for any person to make or cause or permit to be made or caused any excavation or opening in or under the surface or pavement of any permit area for the purpose of installing or repairing pipes, sewers, drains, conduits, sidewalks, curbs, driveways and similar structures or for erecting or replacing poles, without first having obtained a permit; nor shall any person store materials upon the permit area without first having obtained a permit.
A written application for a permit shall be made to the Public Works Department setting forth the following:
A. 
The name and address of the applicant.
B. 
The purpose of the application.
C. 
The time and place where the work is to be done or the permit area to be occupied.
D. 
Such other information as the Township Engineer shall require.
A. 
The filing of an application and the issuance of a permit shall constitute an agreement on the part of the applicant to comply with the terms of this chapter and all rules, regulations and requirements of the Public Works Department now in force or hereafter adopted and shall constitute an agreement 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 or action taken under the application and permit. The application shall be signed by a person who shall, in connection therewith, have filed with the Township Manager a certificate showing that the applicant has obtained from a reputable company a policy of insurance with limits of five hundred thousand dollars/one million dollars ($500,000./$1,000,000.) for both public liability and for property damage against any claim, demand or action for damages either to person or property which may rise out of work done or action taken under the application and permit.
[Amended 12-15-1992 by Ord. No. 1766-92; 11-21-1995 by Ord. No. 1846-95]
B. 
No such policy of insurance shall be required, however, where the work is to be performed by a corporation subject to the supervision of the Public Utility Commission or the work is to be performed by the owner himself on his own property, it does not involve the breaking of any improved surface, it is to be completed within one working day and the cost thereof does not exceed the sum of $50.
[Amended 12-16-1980 by Ord. No. 1494; 11-16-1982 by Ord. No. 1551; 12-15-1992 by Ord. No. 1766-92; 11-21-1995 by Ord. No. 1846-95]
A. 
At the time of the filing of the application, the applicant shall pay, in addition to the permit fee, the fees for construction and inspection. Said fees shall be set forth from time to time by resolution of the Board of Commissioners.[1]
[1]
Editor's Note: For current fee amounts, see Ch. A300, Fees.
B. 
Improved surface. The minimum width of any opening or excavation in an improved surface shall be two feet.
[Amended 12-16-1980 by Ord. No. 1494; 11-16-1982 by Ord. No. 1551; 9-15-1992 by Ord. No. 1766-92; 11-21-1995 by Ord. No. 1846-95]
A. 
Upon the filing of an application for a street opening permit, with certificates of insurance when applicable, the applicant shall pay the permit application fee, in an amount to be set forth from time to time by resolution of the Board of Commissioners, and the inspection fees hereinabove specified. The Township Manager shall issue a permit which, unless stated to be for a shorter period, shall be good for 60 days and may be renewed for a like period upon payment of a renewal fee, in an amount to be set forth from time to time by resolution of the Board of Commissioners.[1]
[1]
Editor's Note: For current fee amounts, see Ch. A300, Fees.
B. 
Upon the filing of an application for a curb or sidewalk permit, the applicant shall pay the permit application fee, in an amount to be set forth from time to time by resolution of the Board of Commissioners, and the inspection fee hereinabove specified. The Township Manager shall issue a permit which, unless stated to be for a shorter period, shall be good for 60 days and may be renewed for a like period upon payment of a renewal fee, in an amount to be set forth from time to time by resolution of the Board of Commissioners.[2]
[2]
Editor's Note: For current fee amounts, see Ch. A300, Fees.
[Amended 12-16-1980 by Ord. No. 1494; 11-16-1982 by Ord. No. 1551]
The permit shall at all times be kept in the possession of a competent person actually engaged in the work and upon demand shall be exhibited to any police officer or properly authorized employee of the township, county or state. Nothing above shall prohibit the undertaking of emergency work without the formal issuance of a permit, provided that such permit application is filed during the next regular business day.
The filing of an application for the installation of any of the structures referred to in this chapter shall constitute an agreement that the applicant will, upon notice from the township and without expense to the township, make such changes in the location thereof as may be required by the Township Engineer because of interference with township-owned structures. If any structure is not removed upon notice from the township, the Public Works Department may remove it and charge the cost thereof to the applicant.
All work performed hereunder shall be subject to the supervision and approval of the Township Engineer. Whenever the Township Engineer shall consider it necessary or advisable, he shall appoint a special inspector who shall inspect the work as it progresses, provided that the Township Engineer has notified the applicant at the time of applying for the permit that special inspection may be necessary. All such work shall conform to the following requirements:
A. 
Commencement of work. All work shall be undertaken within the time specified in the permit or within 24 hours after receipt of the permit where no time for commencement is specified therein and shall be performed diligently and continuously until completed.
B. 
Closing permit area to traffic. In no case shall a permit area, or any part thereof, be closed to traffic without the written consent of the Township Engineer.
C. 
Tunneling under an improved surface. Whenever in connection with any work covered by this chapter a tunnel is to be made under an improved surface, this fact shall be referred to in this application. Before a tunnel is excavated, specific approval must be obtained from the township and endorsed on the permit. The backfilling of the excavation shall be done in the presence of a special township inspector. It shall be made with one to four to eight (1:4:8) damp concrete mix, thoroughly tamped in six-inch layers, or according to a similar method approved by the Township Engineer.
D. 
Backfilling excavations. All openings or excavations shall be backfilled with suitable materials thoroughly compacted in layers, each of which shall not exceed six inches in depth, tamped to within 10 inches of the surface, or puddled where ordered by the Township Engineer.
E. 
Sidewalks and gutters. Sidewalks, gutter, paving and other improvements, except permanent street paving which shall be installed by the township, shall be restored by the applicant to a condition equal to that existing before the opening or excavation was made.
F. 
Temporary paving. A temporary paving of materials previously removed from the road surface 10 inches in depth, the top two inches of which shall be made of new bituminous concrete, thoroughly bound and compacted shall be installed flush with the surface of the adjoining paving. The applicant shall keep and maintain such paving in proper condition until such time as the permanent paving is constructed by the township. If the applicant fails to install such paving within a reasonable time after the completion of the improvements or fails to properly maintain such paving, the township shall perform the work and charge the costs thereof to the applicant.
G. 
Permanent paving.
(1) 
Permanent paving shall be constructed by the applicant within 30 days after the installation of the temporary paving. If, within one year after the installation of the permanent paving, defects appear therein resulting from defective backfilling by the applicant, the applicant shall reimburse the township for the cost of all necessary repairs to the permanent paving.
[Amended 12-15-1992 by Ord. No. 1766-92]
(2) 
If at the time of issuance of the permit the Township Engineer shall determine in his discretion that the applicant should make the permanent restoration, and the permit so provides, then the permanent paving shall be constructed by the applicant within 60 days after the installation of the temporary paving. If any defects appear therein, the applicant shall immediately upon receipt of notice from the township make at its costs such repairs as may be necessary.
H. 
Road restoration requirements.
[Added 12-21-2022 by Ord. No. 2449-22]
(1) 
Where streets 1) have been overlaid or constructed within the last five years, regardless of the size of any openings or cuts; and/or 2) are disturbed for more than 25 square feet and/or 50 lineal feet; and/or 3) are opened or cut in three or more places in any one block, regardless of the size of the openings or cuts, then restoration shall include base repair, surface milling and overlay according to Township specifications to the extent of milling and overlaying the full cartway, which includes edge of paving to the other side of edge of paving of the entire block, not to be less than 100 feet in length. The Township specifications are those specifications relayed by the Township to the entity performing the restoration at the time of the restoration.
(2) 
The applicant shall be responsible for all restoration work contemplated in Subsection H(1) immediately above for a period of two years from the date of the Township's final inspection and approval of such work. If, during this two-year period, the restored surface settles, deteriorates, cracks, or otherwise fails, as reasonably determined by the Township, the Township shall inform the applicant, in writing, and the applicant shall make the necessary corrections and/or repairs as reasonably directed by the Township.
(3) 
The Township shall routinely inform utilities of the Township's capital improvement programs and of specific projects as they are designed. Prior to the scheduled rehabilitative work, the utilities are expected to perform any needed maintenance work on their below-street facilities and to upgrade them for growth commensurate with the expected life of the street improvement.
A. 
Lines and grades. The Township Engineer shall furnish information as to lines and grades for the construction and repair of sidewalks, curbs and driveways within the permit area, and no work shall be performed therein that does not conform to such lines and grades.
B. 
Curbs. The construction and resetting of curbs and the making of cuts therein shall be performed only under the direction of the Township Engineer.
C. 
Driveways. Driveways must be constructed across the permit area at the grade of the sidewalk and meet the grade of the curb. Curbs may be depressed to two inches above the surface of the road, but depressed curbs may be constructed only by placing new curb. No chipping of the curb will be permitted. Sidewalks may be constructed across driveways.
D. 
Drains. No stormwater drains shall be constructed or maintained which discharge water over or upon any sidewalk. Such drains shall be constructed under the sidewalk. Where the outlet of a drain is adjacent to a storm sewer, connection shall be made therewith. Waste from sinks or cesspools and foul or offensive drainage shall not be discharged upon any highway or into storm drains.
E. 
Pipes. Property owners shall keep free of obstruction all gutter pipes which receive or carry water within a permit area.
F. 
Specifications and regulations. All work within a permit area shall conform to township specifications and regulations on file in the office of the Public Works Department.
No building materials shall be stored on the improved surface of any highway or obstruct any sidewalk so that free passage of not less than four feet in width shall be at all times maintained, nor shall such materials be allowed to obstruct the flow of water in any gutter or be placed within 25 feet of any fire hydrant or be mixed upon any improved surface or left within the permit area after the expiration of the permit.
No gasoline pumps, oil tanks, walls, fences, posts, planting, shrubbery or similar obstructions may be placed within the permit area. Any such obstruction shall be removed promptly by the property owner whenever written notice to remove such obstruction is given by the Township Engineer. If the owner fails to comply with such notice, the township shall remove the obstruction and charge the cost thereof to the owner.
[Amended 11-21-1995 by Ord. No. 1846-95]
Any person who shall do or cause any work to be done or any action to be taken without the permit required by this chapter or who shall fail to comply with any of the provisions of the permit or of this chapter shall be liable, on conviction thereof, to a fine of not more than $600 for each offense. Whenever such person shall have been notified by the Township Engineer or by the service of a summons in a prosecution or in any other way that he is committing a violation of this chapter, each day in which he shall continue such violation shall constitute a separate offense punishable by a like fine or penalty. Such fines or penalties shall be collected before any Justice of the Peace as like fines or penalties are now by law collected.[1]
[1]
Editor's Note: Former Art. III, Manholes, which immediately followed this section, was repealed 11-21-1995 by Ord. No. 1846-95.