[Adopted 6-14-1982 by Ord. No. 1982-7 (Part 12, Ch. 1, Art. B, of the 1976 Code of Ordinances)]
Except in those instances when the context indicates otherwise, the following words and phrases, as used in this article, shall have the following meanings:
APPLICANT
Any person who makes application under this article for a permit.
PERMITTEE
Any person who has been issued a permit under this article and has agreed to fulfill all the provisions of this article.
PERSON
Any natural person, partnership, firm, association, utility or corporation.
PUBLIC UTILITY
Any utility company, excluding Township authorities, licensed by the Public Utility Commission of the commonwealth.
STREET
The entire right-of-way of a public street, highway, alley, road or easement within the geographical limits of the Township, but shall not include any state-designated highway over which the Department of Transportation of the commonwealth has jurisdiction.
TOWNSHIP
The Township of Manheim, Lancaster County, Pennsylvania.
TOWNSHIP AUTHORITY
Any governmental corporation created by the Township pursuant to the Commonwealth of Pennsylvania Municipality Authorities Act.[1]
[1]
Editor's Note: See the Municipal Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
[Amended 12-8-2003 by Ord. No. 2003-20]
A. 
No person or public utility shall excavate or open the surface of any street without having first obtained a permit for that purpose in the manner and subject to the conditions provided in this article. Neither the Township, any Township department nor any Township authority, the City of Lancaster ("city") or the Lancaster Area Sewer Authority ("LASA") shall be required to obtain a permit under this article; however, any person or contractor performing work under contract with the Township or a Township authority shall obtain a permit. Such exemption shall only be applicable directly to the city and to LASA, and not to any contractor or third party engaged by the city or LASA, and shall only be applicable with respect to excavations or street opening undertaken by the city or LASA in connection with the public sewer or water systems of the city or LASA located within the Township.
B. 
Although exempted from obtaining a permit under this section:
(1) 
The city and LASA shall, except in the case of emergency excavations, provide the Township, by delivery to the Township Department of Public Works, with written notification of any intention to undertake excavation or street opening, such written notification to provide the formation as otherwise required of an applicant under § 435-8 of this article.
(2) 
The city and LASA shall provide to the Township, by delivery to the Township Department of Public Works, prior to undertaking any non-emergency street opening or excavation, with proof of compliance with requirements of § 435-8B as to surety, § 435-8C as to insurance, and § 435-8D as to indemnity of the Township.
(3) 
The city and LASA shall undertake and restore any street opening or excavation in compliance with the requirements of §§ 435-10 and 435-11.
(4) 
The city and LASA shall provide proof of guaranty and maintenance, by delivery to the Township Department of Public Works, and shall be subject to the maintenance work requirements of § 435-12.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Street opening permits shall be granted upon compliance with the following conditions:
A. 
A written application signed and properly executed on behalf of the applicant desiring to open the surface of or excavate any street shall be filed with the Department of Public Works or his designee. The application shall state the name and address of the person or public utility intending to perform the street opening or excavation work and, if different, the name and address of the person or public utility for whom such work is to be performed, the purpose for which such work is to be performed, the size and location of the proposed work and the dates upon which the work is to be commenced and completed.
B. 
The applicant shall submit and pay, with the application, a permit fee in the amount established by resolution of the Board of Commissioners for each proposed to make an opening in excess of two square yards; the applicant shall provide the Township with a surety bond or fund to be held in escrow by the Township in lieu thereof, in a form designated and approved by the Department of Public Works and in an amount sufficient to satisfy the cost of the work proposed in the application, as determined by the Department of Public Works.
C. 
The applicant shall furnish proof, satisfactory to the Department of Public Works, that the applicant is insured in a reasonable amount, satisfactory to the Department of Public Works, against liability for any and all claims, including personal injury and property damage claims which may arise from or out of the performance of the excavation work, whether such work is to be performed by the applicant or by anyone employed by the applicant.
D. 
The applicant shall be responsible for and shall agree to save the Township, its Board of Commissioners, officers, employees and agents harmless from any and all costs, damages, liabilities, claims or causes of action which may arise or be claimed to arise by reason of the work to be performed in the application. The acceptance of any permit under this article shall constitute an agreement by the applicant to so save the Township, its Board of Commissioners, officers, employees and agents harmless, whether or not so expressed in the permit as issued.
E. 
No excavation work, except emergency utility work as provided in § 435-9, shall be commenced until a permit is issued.
F. 
The Department of Public Works shall review each application and grant or deny a permit to the applicant upon completion of the review. If a permit is issued, the permittee shall be provided with a Right of Way Opening Permit, which shall be addressed to the office of the Department of Public Works and shall be in a form designated by the Department of Public Works.
G. 
No permit shall be issued until the applicant shall have paid to the Township all moneys then due the Township upon any prior excavation or excavations or for any loss, damage, or expense incurred by the Township by reason of any prior excavation or excavations.
Public utilities may make excavations without a permit in emergency situations, but shall apply for a permit within two business days from the date such emergency work was begun.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Refer to Manheim Township Construction and Material Specification.
[Amended 12-12-1994 by Ord. No. 1994-28; 2-25-2013 by Ord. No. 2013-06; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any person or public utility who or which violates any provision of this article shall, for every such violation, be subject to a fine or penalty of not more than $600, plus court costs and reasonable attorneys’ fees incurred by the Township in the enforcement proceedings, provided that each failure to obtain a permit, or, if a permit has been obtained, each failure to comply with any requirement of this article and each day on which such violation continues, shall constitute a separate violation. The Township reserves the right to deny the issuance of permits to any person or public utility under this article if that person or public utility has previously violated any provision of this article.