[Adopted 8-2-1974 as § 10-1 of the 1974 Code]
As used in this article, the following terms shall have the meanings indicated:
STREET
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. 88-20]
A. 
The fee for a street opening permit shall accompany the application for same and shall be as follows:
(1) 
Openings 25 feet and under in length: $15.
(2) 
Openings over 25 feet but less than or equal to 50 feet: $35.
(3) 
Openings over 50 feet but less than or equal to 500 feet: $50.
B. 
If the Township is required to restore the pavement, the cost of same shall be billed to the permittee upon completion of the work according to the following schedule:
(1) 
Gravel surface: $6 per square yard.
(2) 
Bituminous concrete: $18 per square yard.
(3) 
Concrete pavement: $35 per square yard.
[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]
[1]
Editor's Note: See Ch. 111, Licensing.
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
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.