[Adopted 8-2-1974 as § 10-1
of the 1974 Code]
As used in this article, the following terms
shall have the meanings indicated:
Any road, highway, public way, public alley, easement or
other right-of-way accepted or maintained by the Township as a public
street, as well as any state or county road or highway over which
the Township has acquired jurisdiction by agreement.
A.
No person shall make an excavation in or tunnel under
any street without first obtaining a permit from the Code Enforcement
Officer.
B.
A tunnel or excavation may be commenced without a
permit where an emergency has arisen which makes it necessary to start
work immediately, provided that the application for a permit is made
simultaneously with the commencement of the work or as soon thereafter
as is practical. When issued, the permit shall be retroactive to the
date on which the work has begun.
C.
The Code Enforcement Officer shall issue permits to
other public bodies without fee.
The Code Enforcement Officer is authorized to
refuse the issuance of any permit if he/she ascertains after consultation
with the Township Engineer or otherwise that such refusal is in the
interest of public safety, public convenience or public health. If
a permit is refused, an appeal may be taken to the Board of Commissioners.
The Board of Commissioners, after hearing the applicant and such other
evidence as may be produced, may either direct the issuance of the
permit or sustain the refusal.
An application for a permit shall contain the
following information:
A.
The name and address of the applicant.
B.
The name of the street where the opening is to be
made and the street number, if any, of the abutting property.
C.
The Township Tax Map block and lot number of the property
for the benefit of which the opening is to be made.
D.
The nature of the surface in which the opening is
to be made.
E.
The character and purpose of the work proposed.
F.
The time when the work is to be commenced and completed.
G.
A set of plans in quadruplicate showing the exact
location and dimensions of all openings.
H.
The name and address of the workman or contractor
who is to perform the work.
I.
A statement that the applicant agrees to replace at
his/her own cost and expense the street, curb, gutter and sidewalk
in the same state and condition in all things as they were at the
time of the commencement of the work within 48 hours of the completion
of same.
[Amended 7-18-1997 by Ord. No. 97-16C]
Each permit shall state the identity and address
of the applicant, the name of the street and the location where the
excavation or tunnel is to be made, the dimensions of the opening
and the period during which the permit shall be valid. The original
of each permit shall remain on file with the Clerk.
[Amended 2-5-1988 by Ord. No. 88-2C; 9-5-2023 by Ord. No. 23-20C]
The permittee shall post a cash or surety bond
in the amount of $3,000 for each application received. The bond shall
remain on deposit for a period of one year following the satisfactory
completion of all roadway reconstruction work. The bond will be released
if the street is found by the Street Superintendent to be in acceptable
condition. The permittee shall save harmless the township, its officers
and servants from and against any loss, injury or damage resulting
from any negligence or fault of the permittee and his or her agents
or servants in connection with the performance of the work covered
by the permit.
The applicant shall also be required to deposit,
in cash or by certified check, a sum determined by the Township Engineer
to be necessary to defray the expense of restoring the street to its
preexisting condition should the permittee fail to do so.
No permit shall be issued until the applicant
has furnished the township with satisfactory proof that he/she is
insured against injury to persons and damage to property caused by
any act or omission of the applicant, his or her agents or employees
or subcontractors done in the course of the work to be performed under
the permit. The insurance shall cover all hazards likely to arise
in connection with the work, including but not limited to collapse
and explosion, and shall also insure against liability arising from
completed operations. The limits of the policy of insurance shall
be $100,000 for injury to any one person and $300,000 for property
damage for a single incident. The township may waive the requirements
of this section in the case of public utilities upon the presentation
of satisfactory proof that it is capable of meeting claims against
it up to the amount of the limits of the insurance policy which would
otherwise be required.
[Amended 2-5-1988 by Ord. No. 88-2C]
All permits issued under this section shall
be subject to the following rules and regulations:
A.
The permittee shall keep such opening properly guarded
and, at night, have lights placed thereat and, in doing the work,
interfere as little as possible with the travel along the street and
open no greater part of the street at any time than shall be allowed
by the Road Department.
B.
The opening shall be backfilled immediately and pavement shall be restored within one week. If said work is not completed within the period expiration date, the Township Street Superintendent may, if he or she deems it advisable, have the trench filled and place a permanent pavement over the opening. The final restoration charge, based on the schedule contained in § 172-6 will be billed to the permittee upon completion of the work by the township.
C.
If tunneling operations are required, the tunnel shall
be backfilled with rammed concrete composed of one part cement to
10 parts sand.
D.
If blasting is required to be done in the course of
any excavations, it shall be done in strict compliance with all applicable
state laws and regulations.
E.
The restoration of the opening shall be maintained
by the permittee for a period of one year after completion.
[Amended 2-5-1988 by Ord. No. 88-2C]
In all cases the permittee shall restore the
surface of the street in accordance with the following rules, regulations
and requirements: On a bituminous-surface-treated street, the edges
of the opening shall be cut straight through the bituminous surface
before the trench is excavated. The trench shall be completely backfilled
with the material excavated and, if determined by the Street Superintendent,
a layer or layers of salt hay, compacted and supplied with additional
material. When there is a deficiency within the limits of bituminous
concrete or bituminous-treated roadways, all trench openings shall
be backfilled and compacted as described above. The upper eight inches
shall receive Type 2, Class B, road gravel and topped with two inches
of bituminous stabilized wearing course.
A.
Transferability. A permit shall apply only to the
person to whom it is issued and shall not be transferable.
B.
Commencement of work. Work under a permit shall commence
within 45 days from the date of issuance of the permit. If work is
not commenced within that time, the permit shall automatically terminate
unless extended in writing by the Board of Commissioners. No opening
shall be commenced on a Saturday, Sunday or holiday, except in the
case of an emergency.
[Amended 2-5-1988 by Ord. No 88-2C]
C.
Possession of permit. A copy of the permit, together
with a copy of the plan endorsed with the approval of the Township
Engineer, shall be kept in possession of the person actually performing
the work and shall be exhibited on demand to any duly authorized employee
of the township or a police officer.
D.
Revocation of permit.
(1)
The Board of Commissioners may revoke a permit for
any of the following reasons:
(a)
Violation of any provision of this Article or
any other applicable rules, regulations, law or ordinance.
(b)
Violation of any condition of the permit issued.
(c)
Carrying on work under the permit in a manner
which endangers life or property or which creates any condition which
is unhealthy, unsanitary or declared by any provision of this Code
to constitute a nuisance.
(2)
The procedure for revoking a permit shall be the same
as that set forth in this Code for the revocation of licenses,[1] except that the initial hearing shall be before the Commissioner
in charge of the Department of Parks, Public Property and Public Works,
with a right of appeal to the Board of Commissioners, and the Chairperson
may provide in his/her decision that the revocation shall not become
effective if the permittee corrects the violation within a specified
period of time.[2]
E.
Modification of permit conditions. In a special case
the Board of Commissioners may by resolution impose special conditions
to which the issuance of the permit may be subject or may decide that
any provision of this Article shall not apply or shall be altered.
The Road Committee, in conjunction with the
Township Engineer, may make any rules and regulations considered necessary
for the administration and enforcement of this Article, but no regulation
shall be inconsistent with, alter or amend any provision of this Article
or impose any requirement which is in addition to those expressly
or by implication imposed by this Article. No regulations shall be
effective unless they are approved by resolution of the Board of Commissioners.
Copies of all current regulations shall be furnished each permittee
at the time of the issuance of the permit.
