[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. 
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) 
An application fee of $100 shall be required for all road opening permits.
(2) 
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) 
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) 
All road work and repairs must conform to Township specifications.
(5) 
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. 
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. 
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. 
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.
A. 
Any person who violates any provisions of this article shall, upon conviction, be subject to penalties as set forth in Chapter 1, Article II, herein.
B. 
Each day that the offense continues shall be deemed to be a separate occurrence and offense.