[Ord. 279, 2/3/1975, § 3:601]
The following words when used in this Part 2 shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise:
STREET
The entire legal right-of-way of any public street, avenue, road, lane, alley, or highway or other public place located within and maintained by the Township of Warminster, and established for the use of vehicles.
[Ord. 279, 2/3/1975, §§ 3:602-3:610; as amended by Ord. 578, 6/13/2002, § 1]
1. 
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 of Warminster without first securing a permit therefor, as hereinafter provided. In addition, the requirements of the PA One-Call System must be followed prior to commencement of excavation.
2. 
Any person who shall desire to make any opening or excavation in any of the streets in the Township of Warminster shall make application to the authorized representatives of the Department of Licenses and Inspections and/or Public Works, in writing, for the purpose. Such application shall be made on forms and blanks 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 of thing relating thereto.
[Amended by Ord. 737, 1/19/2017]
3. 
Before any permit shall be issued to open or excavate any street in the Township, the applicant shall pay to the Township, through the authorized representatives of the Department of Licenses and Inspections and/or Public Works, the sum hereinafter designated to cover the cost of inspection and other incidental expense. The Board of Supervisors may from time to time establish fees by resolution.
[Amended by Ord. 737, 1/19/2017]
4. 
Any person who shall open or excavate any improved or unimproved street in the Township shall be responsible to the Township for any defects which shall appear within a period of one year after the surface is replaced. The applicant shall reimburse the Township for the cost of all necessary repairs to the permanent paving caused or resulting from defective backfilling operations.
5. 
Restrictions.
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 and approved by the Township Engineer or authorized representatives of the Department of Licenses and Inspections and/or Public Works.
[Amended by Ord. 737, 1/19/2017]
B. 
No more than 250 feet longitudinally shall be open in any street at any one time.
C. 
The work of excavation shall be so conducted as to not interfere with water and gas mains, sewers, 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 Township Engineer and permission therefor endorsed upon the permit. The backfilling of a tunnel excavation shall be done in a manner approved by the Township Engineer.
E. 
All openings or excavations shall be backfilled promptly with suitable materials and thoroughly compacted as specified by the Township Engineer.
F. 
On improved streets, a temporary paving of suitable stone materials of modified stone, thoroughly bound and compacted, shall be installed flush with the surface of the adjoining paving. The Township Engineer may require the surface patching to be made with asphaltic materials.
G. 
During the making of any excavation in any street, every necessary and reasonable precaution shall be taken by the applicant and the parties both day and night by guards, barriers, lanterns and other devices and all excavating permits are granted under and subject to the express condition that the person to whom the same is issued shall indemnify and save and keep harmless the Township of Warminster from any loss in damages, or otherwise whatsoever, which may or shall be occasioned at any time by the said excavation, or by any leak, explosion or other injury from any pipe, conduit, apparatus or any other matter placed in the said excavation or around the same.
H. 
The applicant shall notify the authorized representatives of the Department of Licenses and Inspections and/or Public Works when the opening or excavation is ready for backfilling before any backfilling is done and when the work is completed by proper backfilling in the case of unimproved streets and by temporary paving in the case of improved streets.
[Amended by Ord. 737, 1/19/2017]
I. 
In the event that any work performed by or for a permit holder shall, in the opinion of the Township Engineer, 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 Township Engineer, 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 applicant.
J. 
All other work in connection with openings in any street, including excavation, protection, refilling and temporary paving, shall be done by the applicant at his expense, and all such work shall be subject to the provisions of this Part 2 and to the supervision and approval of the Township Engineer or authorized representatives of the Department of Licenses and Inspections and/or Public Works and shall comply with the "Township of Warminster Roadway Specifications, May 29, 2009," or any amendment thereto adopted from time to time by the Board of Supervisors.
[Amended by Ord. 737, 1/19/2017]
6. 
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 Part 2 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 authorized representatives of the Department of Licenses and Inspections and/or Public Works, 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 cost plus 20% to such owner or person.
[Amended by Ord. 737, 1/19/2017]
7. 
No new water, sewer line or gas main shall hereafter be laid or constructed and no existing water, sewer or gas main shall be extended in any of the streets of the Township until the exact location thereof and the plan therefor shall have been first approved by the Board of Supervisors of Warminster Township or the Warminster Township Municipal Authority as the case may be.
8. 
Every private lane, road, alley, driveway, drive or entrance road connecting with any street of the Township of Warminster shall be so constructed or altered that the water and surface drainage shall not be blocked or diverted from the course of the gutter, and that the surface drainage from such private land, road, alley, driveway, drive or entrance road shall flow into the gutter of said street and not upon the roadway or roadbed thereof. Any person desiring to connect any such private lane, road, alley, driveway, drive or entrance road with any public street shall be required to apply for Township approval for such work and submit specifications for said proposed work to the authorized representatives of the Department of Licenses and Inspections and/or Public Works for approval by the Township Engineer. Culvert pipes may be installed by the applicant but only after specific approval as to size, type and method of installation by the Township Engineer. All existing pipes and culverts shall be maintained in a satisfactory condition by the owner. In the event the pipe or culvert is determined to be not properly maintained or installed or of an insufficient size or effective drainage the Township may replace the pipe or culvert with the proper type and size and all material charges resulting from such work shall be chargeable to the property owner or owners served by such pipe or culvert.
[Amended by Ord. 737, 1/19/2017]
9. 
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 collectable by the Township in the manner provided by law for the collection of municipal claims.
[Ord. 279, 2/3/1975, § 3:620; as amended by Ord. 578, 6/13/2002, § 1]
Any person, firm or corporation who shall violate any provision of this Part 2, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part 2 continues or each section of this Part 2 which shall be found to have been violated shall constitute a separate offense.
[Ord. 279, 2/3/1975, §§ 3:630, 3:631; as amended by Ord. 737, 1/19/2017]
Public utilities which are required by the provisions of the Act of Assembly of the Commonwealth of Pennsylvania enacted July 10, 1947, P.L. 1481, § 17, to obtain a permit from the State Department of Transportation shall be exempt from the provisions of this Part 2, provided the permit issued by the Department of Transportation is exhibited to the authorized representatives of the Department of Licenses and Inspections and/or Public Works prior to the commencement of any work or construction upon or in any portion of a Township road within the Township of Warminster. The provisions of this Part 2 shall not apply to laying sidewalks or curbs or to the planting of poles.