It shall be unlawful for any person to open or to make any excavation
of any kind in any of the streets or rights-of-way in the Township
without first securing a permit therefor from the Township and satisfying
the other applicable requirements consistent with the regulations
as hereinafter provided.
Before any permit shall be issued to open or excavate any street
or right-of-way in the Township, the applicant shall pay to the Township
the required fees and charges as established, set, adopted, and which
may be subsequently modified from time to time by resolution of the
Board of Commissioners.
Permits shall be issued by the Township only to persons furnishing
public utility services or the owner or owners of the real property
adjoining the location where such opening or excavation is to be made.
A permit may be issued to the applicant after all the requirements
therefor have been satisfied. If the application is disapproved, written
notice of the disapproval, together with reasons therefor, shall be
given by the Township to the applicant.
Any person who receives a permit is required to provide visual
proof of the condition of the street or streets subject to excavation
prior to the commencement of the excavation. Proof of condition of
the area subject to excavation shall be in the form of photographs
or video of the entire area. This information shall be provided in
digital form to the Township at the time of permit application.
In case of any leak, explosion or other accident in any subsurface
pipe, line, construction or apparatus, it shall be lawful for the
person owning or responsible for such pipe, line, construction or
apparatus to commence excavation to remedy such condition before securing
a permit, provided that application for a permit shall be made immediately
and not later than the next business day thereafter, and that all
other provisions of this Part 1 shall be fully complied with. If any
such emergency condition shall not be immediately attended to by the
owner or person responsible for such pipe, line, construction, or
apparatus, the Township, after such notice as it shall deem necessary
under the circumstances of the particular case, shall proceed to do
the work necessary and required by such emergency and charge the cost
of all work to such responsible party.
No new water, sewer, steam or gas main or electric, telephone
or other utility line shall hereafter be laid or constructed, and
no such existing main or line shall be extended, in any of the streets
of the Township until the plan therefor shall be first filed with
the Township and such plan, and the exact location of such main or
line, is approved by the Township. The Township shall not approve
the location of any such main or line at a depth of less than 30 inches
from the surface of the street unless it is clear to the Township
that locating the same at a depth of more than 30 inches from the
surface is impossible or impractical.
No company, corporation, authority or association shall excavate
any street or alley without first giving to the Township a performance
guarantee in an amount as determined by the Township and acceptable
to the Township Manger. Without limitation to other types of financial
security which the Township may approve, which approval shall not
be unreasonably withheld, irrevocable letters of credit issued by
a federal or state-chartered bank or lending institution or restrictive
escrow accounts held by such banks or lending institutions shall be
deemed acceptable financial security for the purposes of this Part
1.
The provision of this Part 1 shall not apply to the laying of
sidewalks or curbs.
It shall be unlawful for any person to injure, damage, mar or
deface any street in the Township, or to render the same unsafe or
dangerous to the traveling public in any way, which shall include,
but shall not be limited to, the following:
A. The dragging or drawing of logs, trees or timber or other heavy objects,
whether composed of wood, metal or other substance, on or over the
surface;
B. The building of fires or the burning of rubbish or other material
upon or over the surface;
C. The placing of or allowing to run, leak or be placed upon the surface
any oil, gasoline, kerosene or other substance that might be harmful
to the surface; or
D. The operation of any vehicle upon any street with the wheels covered
with mud or other material to the extent that such mud or other material
drops therefrom onto such street causing a discoloration and/or slippery
condition.
Any person who shall violate any provision of this Part 1 shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$1,000. Every day that a violation of this Part 1 continues shall
constitute a separate offense.