[Adopted 4-27-1992 by Ord. No. 91]
A. 
The following words, when used in this Article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
EXCAVATION
Any activity within the right-of-way of any street, alley or cartway which involves cutting, breaking or disturbing the surface thereof. In this Article, the term "opening" shall have essentially the same meaning as "excavation."
PERSON
Any natural person, partnership, firm, association, corporation or municipal authority, and the officers of such corporation and the members of such partnership or association.
STREET
Any public street, avenue, road, square, alley, highway or other public place located in the Township of West Earl and established for the use of vehicles, but shall not include state highways.
TOWNSHIP
The Township of West Earl, Lancaster County, Pennsylvania.
B. 
In this Article, the singular shall include the plural, and the masculine shall include the feminine and the neuter genders.
It shall be unlawful for any person to open or to make any excavation of any kind in any of the streets in the township without first securing a permit therefor, as hereinafter provided.
Any person who shall desire to make any opening or excavation in any of the streets in the township shall make application to the designated official, in writing, for that purpose. Such application shall be made upon forms to be furnished by the township and shall set forth the name of the applicant, the exact location of the proposed opening or excavation and the approximate size and depth thereof and shall contain an agreement on the part of the applicant that the work shall be done in full compliance with the ordinances of the township and the laws of the commonwealth in relation thereto and that the applicant shall well and truly save, defend and keep harmless the township from and indemnify it against any and all actions, suits, demands, payments, costs and charges for or by reason of the proposed opening or excavation and all damages to persons or property resulting in any manner therefrom or occurring in the prosecution of the work connected therewith or from any other matter, cause or thing relating thereto.
Before any permit shall be issued to open or excavate any street in the township, the applicant shall pay a permit fee in the amount fixed according to a schedule established pursuant to resolution.[1]
[1]
Editor's Note: See Ch. A190, Fees.
Permits shall be issued only to persons furnishing public utility services or the owner or owners of the real property adjoining the location where such opening or excavation is to be made.
Any permit issued hereunder shall specify the exact location where the opening or excavation is to be made, the approximate permitted size or depth thereof and the time within which the work for which the permit is granted is to be completed.
A permit may be issued to the applicant after all the requirements therefor have been fulfilled. If the application is disapproved, written notice of disapproval, together with reasons therefor, shall be given to the applicant.
The work authorized by the permit is subject to all the provisions of the Act of December 10, 1974, P.L. 852, No. 287, Section 1 et seq., as amended or supplemented from time to time.[1] It shall be the permittee's responsibility to contact the utilities that have recorded their facilities in compliance with said Act. A partial list of utilities providing services in the township and their offices' addresses may be obtained from the County Recorder of Deeds.
[1]
Editor's Note: See 73 P.S. ~ 176 et seq.
Any person who shall open or excavate any street in the township shall thoroughly and completely refill the opening or excavation in such a manner as to prevent any settling thereafter and shall restore the surface to the same condition as it was before the opening or excavation, and such restoration shall be in accordance with the specifications of the Department of Transportation of the Commonwealth of Pennsylvania, which are hereby adopted as specifications of the township for restoration of surfaces of streets in the township. 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. If within two years after the restoration of the surface as herein provided, defects shall appear therein resulting from defective backfilling by the permittee, the permittee shall reimburse the township for the cost of all necessary repairs to the permanent paving.
All other work in connection with openings in any street, including excavation, protection, refilling and temporary paving, shall be done by or for the person to whom or which the permit has been issued, at his expense, and all such work shall be subject to the provisions of this Article and to the supervision and approval of the designated official, provided that the designated official may, if he deems it necessary to the proper performance of the work, require that the cutting of the surface of streets and the backfilling of all excavations therein shall be done by the township, in which event the applicant shall pay the actual cost of the work performed by the township.
A. 
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 and the surface of the highway restored to a condition safe and convenient for travel.
B. 
No more than 500 feet longitudinally shall be opened in any street at any one time.
C. 
The work of the excavation shall be so conducted as not to interfere with the water mains or sewers or their connections with the houses or any other subsurface lines or constructions, until permission of the proper authorities in connection with such subsurface lines or constructions shall have been obtained.
D. 
No tunneling shall be allowed without the express approval of the designated official and permission therefor endorsed upon the permit. The backfilling of a tunnel excavation shall be made only in the presence of the designated official or an inspector designated by him and shall be done only in a method approved by him.
E. 
All openings or excavations shall be backfilled within 24 hours with 2A stones and thoroughly compacted in layers, each of which layers shall not exceed eight inches in depth. Backfilling shall be placed to within three inches of the surface. See Appendix A.[1]
[1]
Editor's Note: Appendix A is on file and available for inspection in the office of the Township Secretary.
F. 
A temporary paving of cold-patch premix, thoroughly bound and compacted, shall be installed flush with the surface of the adjoining paving and maintained for a minimum of 60 days. After the minimum sixty-day period but before 180 days, the temporary restoration shall be removed and permanent restoration shall be made in accordance with Appendix B.[2]
[2]
Editor's Note: Appendix B is on file and available for inspection in the office of the Township Secretary.
G. 
On concrete-base streets, such base shall be replaced with concrete, and the minimum size of the opening or excavation shall be 16 square feet.
H. 
During the making of any excavation in the street, every necessary and reasonable precaution shall be taken by the permittee and the parties making the same to keep the street in a safe and passable condition, both day and night, by guards, barriers, lanterns and other devices, and all excavating permits granted hereunder 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 said excavation or by any leak, explosion or other injury from any pipe, apparatus or conduit or any other matter placed in said excavation.
I. 
The permittee shall notify the designated official when the opening or excavation is ready for backfilling before any backfilling is done, when the backfilling work is completed, when the temporary paving has been installed and when the street has been permanently restored so that inspections may be made.
J. 
In the event that any work performed by or for a permit holder shall, in the opinion of the designated official, be unsatisfactory and the same shall not be corrected in accordance with his instructions within the time fixed by him or in the event that the work for which the permit was granted is not completed within the time fixed by the designated official, 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 permittee.
In the case of any leak, explosion or other accident in any subsurface pipe, line, construction or apparatus, it shall be lawful for the person owning or responsible for such pipe, line, construction or apparatus to commence an excavation to remedy such condition before securing a permit, provided that application for a permit shall be made immediately and not later than the next business day thereafter and that all other provisions of this Article are fully complied with. 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 designated official, after such notice as he 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 the cost plus 20% to such owner or person.
The permission herein granted does not confer upon the permittee or his 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 township may prescribe.
The designated official shall give timely notice to all persons owning property abutting on any street within the township about to be paved or improved 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 said street, within 30 days from the giving of such notice, unless such time is extended, in writing, for cause shown by the designated official. New paving shall not be opened or excavated for a period of two years after the completion thereof, except in case of emergency, the existence of which emergency and the necessity for the opening or excavating of such paving to be determined by the designated official. If it is sought to excavate upon or open a street within two years after the completion of the paving, the applicant shall make written application to the Board of Supervisors of West Earl Township, and a permit for such opening shall be issued only after express approval of the Board of Supervisors of West Earl Township.
If at any time in the future the roadway is widened or reconstructed or the alignment or grades are changed, the permittee shall change or relocate all or any part of the structures covered by a permit which interfere with the improvement of the roadway at its own cost and expense.
No new water, sewer, steam or gas main or electric, telephone or other utility line shall hereafter be laid or constructed, and no such existing main or line shall be extended, in any of the streets of the township until the plan therefor shall have been first filed with the designated official and such plan and the exact location of such main or line are approved by him. The designated official shall not approve the locating of any such main or line at a depth of less than 30 inches from the surface of the street unless he shall be convinced that locating the same at a depth of more than 30 inches from the surface is impossible or impractical.
No person shall open any street without first giving to the township a bond with some acceptable trust or surety company as surety in the sum determined by the schedule of fees,[1] conditioned for the faithful performance of these provisions and also for any and all damages, claims, demands, suits, costs and counsel fees occasioned or arising from the digging up, opening or closing of said street.
[1]
Editor's Note: See Ch. A190, Fees.
Payment for all work done by the township under the provisions hereof shall be made by the person made liable therefor under the provisions hereof within 30 days after a bill therefor is sent to such person by the township. Upon failure to pay such charges within such time, the same shall be collectible by the township by an action in assumpsit or in the manner provided by law for the collection of municipal claims.
[Amended 8-9-1993 by Ord. No. 101; 6-24-1996 by Ord. No. 116; 4-28-1997 by Ord. No. 129]
If the Board of Supervisors or the officer designated to enforce this article by the Board of Supervisors determines that a person has committed or permitted the commission of a violation of this article, the Board of Supervisors or such enforcement officer shall inform such person, in writing, of the violation, shall notify such person to cease the violation of this article and shall inform such person that he or she must pay a civil penalty to the township within the range of the amounts set forth below to settle the violation. The penalty for a first offense shall be not less than $50 and not more than $600; the penalty for a second offense shall be not less than $100 and not more than $600; and the penalty for a third or greater offense shall be not less than $200 and not more than $600. If such person fails or refuses to remit the penalty to the township within 10 days from the date of the written notice of the violation of this article, the township may commence a civil enforcement proceeding seeking penalties and costs for the violation of this article and/or may commence an action in equity. The township shall seek a judgment for the penalty previously imposed, together with additional daily penalties for continuing violations, plus all court costs, including the reasonable attorneys' fees incurred by the township in the enforcement proceedings. Each day that a violation continues shall constitute a separate violation, and each section of this article which is violated shall constitute a separate violation. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable rules of civil procedure.