It shall be unlawful for any person to make any tunnel, opening,
or excavation of any kind in or under the surface of any street without
first securing a permit from the Manager for each separate undertaking;
provided, however, any person maintaining pipes, lines or other underground
facilities in or under the surface of any street may proceed with
an opening without a permit when emergency circumstances demand the
work to be done immediately, provided the permit could not reasonably
and practically have been obtained beforehand. The person shall thereafter
apply for a permit on the first regular business day on which the
office of the Manager is open for business, and said permit shall
be retroactive to the date when the work was begun. In all cases where
emergency openings are necessary, the Police Department shall be notified
prior to such opening.
No person to whom a permit has been granted shall perform any
of the work authorized by such permit in any amount greater than that
specified in the permit, except that where the permittee desires to
perform additional work not in excess of an amount greater than 10%
of the amount specified in the permit, the permittee may apply to
the Manager for an amended permit to permit the additional work. If
the additional work desired to be performed by the permittee exceeds
10% of the amount specified in the original permit, an application
for a new permit shall be made. Any deposit or bond posted in connection
with the original permit shall be deemed to cover any such additional
work as may be added pursuant to the issuance of an amended permit
within the limit specified herein.
Work for which a permit has been issued shall commence within
30 days after the issuance of the permit therefor. If not so commenced,
the permit shall be terminated automatically unless the permittee
applies for an extension of time within which to commence work. If
such an extension is granted, the original permit shall remain in
force for the period of time specified in the extension. Permits which
terminate by reason of failure to commence work within 30 days after
issuance or within any extension of time granted hereunder may be
renewed only upon the payment of an additional permit fee as originally
required. Permits shall be issued for a period not to exceed one year,
and any application to renew an expired permit shall be treated as
a new application, including the payment of a new permit fee.
Permits are not transferable from one person to another, and
the work shall not be performed in any place other than the location
specifically designated in the permit.
Every permit shall expire at the end of the period of time which
shall be set out in the permit. If the permittee shall be unable to
complete the work within the specified time, he shall, prior to expiration
of the permit, present in writing to the Manager a request for an
extension of time, setting forth therein the reasons for the requested
extension. If the Manager finds that the failure to complete the work
under the permit within the time specified therein was due to circumstances
reasonably beyond the control of the permittee and that an extension
of time to complete the work under the permit is necessary and not
contrary to the public interest, the permittee may be granted additional
time for the completion of the work.
Every permit shall be granted subject to the right of the municipality
or of any other person entitled thereto to use the street for any
purpose for which such street may lawfully be used not inconsistent
with the permit.
A.
Any permit may be revoked by the Manager or his duly authorized representative,
after notice to the permittee, for:
(1)
Violation of any condition of the permit or of any provision of this
chapter;
(2)
Violation of any other applicable provision of the Hempfield Township
Code, or any law relating to the work;
(3)
Existence of any condition or the doing of any act constituting or
creating a nuisance or endangering the life or property of others.
B.
A permittee shall be granted a period of three days from the date
of the notice to correct the violation and to proceed with the diligent
prosecution of the work authorized by the permit before said permit
is revoked.
C.
Written notice of any such violation or condition shall be served
upon the permittee or his agent engaged in the work. The notice shall
contain a brief statement of the reasons for revoking the permit.
Notice may be given either by personal delivery thereof to the person
to be notified or by certified or registered United States mail addressed
to the person to be notified.
D.
When any permit has been revoked and the work authorized by the permit
has not been completed, the Manager shall do or cause to be done such
work as may be necessary to restore the street or part thereof to
as good a condition as before the opening was made. All expenses thereby
incurred by the municipality shall be recovered from the deposit or
bond the permittee has made or filed with the municipality.
