[Adopted 8-27-1979 by Ord. No. 1979-5 (Ch. 73 of the 1974
Township Code)]
[Amended 6-24-1986 by Ord. No. 1986-11; 4-26-2010 by Ord. No.
2010-08]
No person shall tear up, dig into, break up, displace or excavate
any of the streets, sidewalks, curbs or gutters of the Township without
first obtaining a permit therefor from the Township Clerk. A separate
permit shall be required for each opening made. Any such permit shall
state the location and approximate size of the opening to be made.
No permit shall be deemed to authorize anything not stated in the
permit, and the person to whom it is issued shall confine his work
within such limits so that the work of repaving shall be as small
as possible.
The work on any opening to be made under such permit shall be
commenced within 10 days from the date of such permit and the work
prosecuted with due diligence to its completion. If for any reason
work is not commenced within the period of 10 days, the permit shall
be void, unless within such period of 10 days the applicant presents
the permit to the Township Clerk, who shall thereupon either return
the deposit or extend the time of the beginning of the work for another
period of 10 days by endorsement on the permit. No permit so extended
shall be valid unless the work thereunder is commenced within 10 days
from the date of such endorsement.
Whenever any street, sidewalk, curb or gutter is broken up or
excavated, it shall be restored to its proper condition as soon as
practicable by the person performing the work, at his own expense,
to the satisfaction of the Township Engineer or any other duly authorized
Township official.
A.Â
Required deposits. No permit shall be granted by the Clerk until
the applicant has paid the required fees and deposits in cash or certified
check, drawn to the order of the Township of Eastampton.
[Amended 4-26-2010 by Ord. No. 2010-08]
(1)Â
An application fee of $100 shall be required for all road opening
permits.
(2)Â
If the application for street opening is not being processed as part
of a site plan or subdivision application, a minimum review escrow
deposit of $200 shall be made by the applicant with the Township Clerk
to cover the initial cost of engineering review. The review escrow
will be required to be replenished if necessary.
(3)Â
An inspection escrow of $500 shall be posted with the Township Clerk
after the application has been approved but before the street opening
permit is issued. No road construction shall take place prior to the
issuance of the permit, and no permit shall be issued prior to the
posting of the necessary inspection escrow and engineering review
escrow. In the event the inspection costs incurred by the Township
through the Engineer's office exceed the $500 described above,
then the escrow shall be required to replenish; in the event that
the inspection costs are less than the escrow of $500, the balance
shall be refunded to the applicant. This escrow will be used to review
the road opening application and the roadway repair work.
(4)Â
All road work and repairs must conform to Township specifications.
(5)Â
For all road openings in the paved roadway, a deposit of $25 per
square yard of pavement disturbed shall be deposited with the Township.
This deposit is to insure the proper restoration of the roadway. This
deposit will be used to correct any deficient work performed in relation
to the road opening, as determined by the Township Engineer.
B.Â
Retention of deposit. The amount deposited in Subsection A(5) above shall be retained by the Township for a period of six months from the date of the permit or from the date on which it is extended, to guarantee the proper performance of the work done by the applicant and the maintenance thereof in good condition by the applicant.
[Amended 4-26-2010 by Ord. No. 2010-08]
C.Â
Recovery of costs of restoration by Township from deposit. If the
applicant fails to restore the street, sidewalk, curb or gutter involved
to its proper condition as soon as practicable and within three days
after the service or mailing of a notice from the Township Clerk to
do so, then the Township Engineer or other duly authorized Township
official may cause such restoration to be made and pay the cost thereof
from the deposit, or, in case a bond has been filed in lieu of a cash
deposit, the Township shall collect the cost of such restoration from
the applicant or bonding company.
D.Â
Deposit to serve as guarantee for repairs required within six months.
If, during such period of six months, the filling of the opening settles
or any street surface over such opening requires repairing, and the
applicant fails to make such repairs as required within three days
after the service or mailing of a notice from the Township Clerk to
do so, then the Township Engineer or other duly authorized Township
official may cause such repairs to be made and pay the cost thereof
from the deposit, or, in case a bond has been deposited in lieu of
a cash deposit, the Township shall collect the cost of such repairs
from the applicant or bonding company.
Whenever an application for any such permit was made by a plumber
or similar applicant or by any gas, electric, telephone, water company
or other public utility, the Township Clerk may issue such permit
without requiring the cash deposit hereinabove mentioned, provided
such plumber, or similar applicant, gas, electric, telephone, water
company or other public utility files a bond in the sum of $500 to
guarantee the proper restoration of any street, sidewalk, curb or
gutter broken or excavated by the applicant at any time and the maintenance
thereof in good condition by the applicant for a period of six months
after such restoration.
The excavation and all piles of excavated materials or any materials
used in the work to be performed in the opening for which a permit
is issued shall be carefully guarded and lighted by the applicant,
who shall be liable for all damages caused by the prosecution of the
work or failure to properly guard or maintain such openings.
Nothing contained in this article shall be construed as requiring
the issuance of a permit for the performance of any work done by the
Township or under a contract with the Township for the construction
of waterlines, sewer lines or street improvements.
