[HISTORY: Adopted by the Board of Supervisors of the Township of Mount Pleasant as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision and land development — See Ch. 320.
[Adopted 6-8-1970 by Ord. No. 37]
The following words, when used in this article, shall have the meanings ascribed to them as follows:
PERSON
Includes both singular and plural and shall apply to any natural person, partnership, firm, association or corporation.
STREET
Any public street, avenue, road, alley, highway or other public place located in the Township of Mount Pleasant and established for the use of vehicles.
It shall be unlawful for any person to open or make any excavation in any street in the Township of Mount Pleasant without first securing a permit therefor as hereinafter provided.
Any person who shall desire to make any opening or excavation of any kind in any street of the Township of Mount Pleasant shall make application to the Board of Supervisors of the Township of Mount Pleasant therefor in writing. Such application shall be made upon blanks to be furnished by the Supervisors of the Township of Mount Pleasant, shall set forth the name of the applicant, the exact location of the proposed opening or excavation, and the approximate size or depth thereof, and shall contain an agreement on the part of the applicant that the work shall be done in full compliance with all of the ordinances of the Township of Mount Pleasant and the laws of the Commonwealth of Pennsylvania in relation thereto and that the applicant will well and truly save, defend and keep harmless the Township from, and indemnify it against, all actions, suits, demands, payments, costs and charges for and 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 or thing relating thereto.
Before any permit shall be issued to open or excavate any street in the said Township, the applicant shall pay to the Supervisors of the Township of Mount Pleasant, a permit fee in the minimum amount of $10 to cover the cost of inspection and other incidental services in connection therewith, and before any permit shall be issued, the application as hereinabove set forth shall be transmitted to the Township Supervisors, who shall determine the amount of a bond to be given to cover the proper restoration of the area to be disturbed by the applicant. The amount of the bond shall be determined at the rate of $100 for each 10 feet or fraction thereof to be opened or excavated upon such street and conditioned upon the faithful performance and prompt payment of all matters as set forth in this article. Such bond shall be furnished in the amount as determined by the Township Supervisors prior to the granting of the permit as hereinbefore provided.
Any person who shall open or excavate any street in the Township shall thoroughly and completely refill the opening or excavation so as to prevent any settling thereof and shall restore the surface to the same condition as it was before the opening or excavation. All openings or excavations made in any street shall be refilled and replaced in layers of not more than six inches in thickness or depth, and each of said layers, from the bottom of the opening or excavation to the top of the subgrade, shall be thoroughly tamped. Where any street is paved with brick or paving block, the ballast course shall be eight inches in thickness or depth and must be of crushed stone, slag or coarse river gravel, thoroughly tamped, on which shall be spread a cushion of slag or river sand of sufficient depth to leave the brick or block when relaid not more than 1/2 inch above the adjoining surface. The weather course and ballast of bituminous paved streets must be kept free from dirt, and such streets and dirt streets shall be tamped to an even surface and made level with the adjoining street surface. Every street shall be resurfaced with the same type or kind of material as that which it was surfaced at the time the original excavation or opening was made. If, within two years after the restoration of the surface as herein provided, defects shall appear therein resulting from defective backfilling by the applicant, the applicant shall reimburse the Township for the cost of all necessary repairs to the permanent paving.
All work in connection with the openings in any street, including the excavation, protection, refilling, temporary paving or permanent paving, shall be done by the applicant at his own expense, subject to the supervision and approval of the Township Supervisors, provided that the Township Supervisors may require that the cutting of the surface of improved streets and the backfilling of all excavations therein shall be done by the Township, and the charge therefor shall be paid by the applicant on the basis of the actual cost of the work plus 20%; nor shall the bond as hereinbefore provided for be released within the period of two years after the completion of the backfilling and without a certificate of the Township Supervisors given within that period that the work of the applicant has been approved.
A. 
No opening or excavation in any street shall extend from the curbline into a street a distance greater than one foot beyond the center line of the street before being refilled and the surface of the street restored to a condition safe and convenient for travel.
B. 
The work of the excavation shall be conducted as not to interfere with water mains, sewers or their connections with houses until permission of the proper authorities in connection with such subsurface lines or construction shall have been obtained.
C. 
During the making of any excavation in any street, every necessary and reasonable precaution shall be taken by the applicant and the parties making the same to keep the street in a safe and passable condition, both day and night, by guards, barriers, lanterns and other devices, and all permits are granted under and subject to the express condition that the person to whom the same is issued shall indemnify, save and keep harmless the Township from any loss in damages or otherwise 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 or any other matter placed in the excavation.
D. 
In the event that any work performed by or for a permit holder shall, in the opinion of the Township Supervisors, be unsatisfactory, and the same shall not be corrected to his satisfaction within the time fixed by him, the Township may proceed to correct such unsatisfactory work and charge therefor the cost thereof plus 20% to the applicant.
If any emergency shall arise, it may be lawful for the person owning or responsible for the pipe, line, construction or apparatus, where necessary, to commence an excavation to remedy such condition before securing a permit, providing that the application for permit shall be made not later than the next business day thereafter and all other provisions of this article to be fully complied with. If any emergency condition shall not be immediately attended to by the owner or person responsible, the Township Supervisors, after such notice as they shall deem necessary, shall proceed to do the necessary required work of such emergency and charge the same on the basis of cost plus 20% to the person responsible.
Payment for all work done by the Township under the provisions hereof shall be made by the person responsible therefor under the provisions hereof within 30 days after a bill is sent to such person by the Township. Upon failure to pay such charge within such time, the same shall be collectable by the Township in the manner provided by law for the collection of municipal claims.
Any person, whether as principal, agent or employee, violating or assisting in the violation of any of the provisions of this article, shall, upon conviction thereof before any Magisterial District Judge of the Township, pay a fine of not less than $10 and not more than $500 and, in default of the payment of such fine and costs of prosecution, shall be imprisoned for not more than 30 days.