[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.