Whenever it is desired to dig up or excavate
any of the streets, byways or alleys in the Township of Lower Pottsgrove
for any purpose whatsoever, a permit therefor shall be obtained from
the Building Inspector or his authorized agent, and no such permit
shall be issued until the fee therefor shall have been paid by the
person, firm, association or corporation applying for such permit
to the Building Inspector for the use of the Township. The fee schedule
shall be adopted by the Board of Commissioners and may, from time
to time, be amended or supplemented by a new schedule duly adopted
and enacted by the Board of Commissioners of Lower Pottsgrove Township.
The permit shall set forth the location and
purpose of the proposed trench or excavation; the dates between which
such excavation may remain open; the names and addresses of all persons,
firms, associations or corporations interested in the work to be done;
the fee or fees paid and any other information as from time to time
may be required.
No permit shall be issued, however, for the
breaking of the pavement or surface of any improved street for any
purpose whatsoever at any time within five years from the date of
completion of the improvement except for repairs to leaking or damaged
pipes, sewer, water or drain or for connection to an entirely new
building about to be erected or for the installation of a new municipal
facility including water or sewer, and then only with special permission
having been granted by the Township. No permit shall be issued for
the opening or digging up of any street, byway or alley at any time
between December 1 of any year and March 1 of the following year except
under like conditions as hereinabove prescribed for opening within
five years of an improvement.
During the progress of the work, the holder
of the permit shall provide and maintain such fences, barriers, "street
closed" and warning signs, red lights and other danger signals and
watchmen as may be necessary to prevent avoidable accidents to the
public. The traveling public during the progress of the work shall
at all times be provided for and shall be inconvenienced as little
as possible. Drainage gutters and inlets to storm sewers shall be
kept clean and unobstructed. The amount of trench opened and also
the amount unfilled shall at all times be subject to the decision
of the Township Engineer.
All trenches and excavations shall have the
same width at the top as at the bottom. No tunneling or drifting shall
be allowed except by permission of the Township Engineer and so noted
on the permit, the fee to be the same as if such excavation were made
by open cut from the surface.
Brick, wood block and other usable material
shall be removed with the least possible damage and deposited at such
place as designated by the Township Engineer. Backfill shall be compacted
in six-inch layers of one-hundred-percent modified stone backfill.
All excess of excavated material shall be promptly removed by the
applicant.
[Amended 3-23-1995 by Ord. No. 192]
Any person or persons, association, firm or
corporation violating any of the provisions of this article shall,
upon conviction thereof, be sentenced to pay a fine of not less than
$50 nor more than $1,000 plus costs and, in default of payment of
said fine and costs, to a term of imprisonment not to exceed 30 days.
No permit shall be issued to any person or persons, association, firm
or corporation under this article until all fines and costs thereupon
imposed hereunder shall have been paid.