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.
A. 
Any person who shall desire to make any opening or excavation in any street or right-of-way of the Township shall make an application to the Township, in writing, for that purpose. Such application shall be made upon forms to be furnished by the Township and shall set forth the name of the applicant, the exact location of the proposed opening or excavation, and the approximate size and depth thereof, and any other information that may be requested by the Township. In addition, the application shall contain an agreement on the part of the applicant that the work shall be done in full compliance with the ordinances of the Township and the laws of the commonwealth in relation thereto, and that the applicant shall well and truly save, defend, keep and hold harmless the Township from and indemnify it against any and all actions, suits, demands, payments, damages, costs, fees and charges for or by reason of the proposed opening or excavation, and all damages to person or property resulting in any manner therefrom, or occurring in the prosecution of the work connected therewith, or form any other matter, cause or thing relating thereto.
B. 
The applicant is required to have liability insurance which shall be maintained in the minimum coverage amount of $500,000. A satisfactory certificate of insurance must be filed with the Township before any work consistent with the issued permit may be commenced naming the Township as an additional insured.
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.
A. 
The work authorized by any permit issued hereunder is subject to all the provisions of the Underground Utility Line Protection Law, Act of December 10, 1974, P.L. 852, No. 287, § 1 et seq., as amended or supplemented from time to time.[1] It shall be the applicant's responsibility to contact the utilities that have recorded their facilities in compliance with said act. A partial list of utilities providing services in the Township and their office addresses may be obtained from Recorder of Deeds of York County, Pennsylvania. The applicant shall also be responsible for providing the serial number from the Pennsylvania One Call System to the Township.
[1]
Editor's Note: See 73 P.S. § 176 et seq.
B. 
Prior to the commencement of any excavation work that shall result in the partial or complete closure of a street, the applicant shall notify all emergency service providers. The Township shall provide a list of all emergency service providers to be contacted.
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.
A. 
When a longitudinal opening longer than 10 feet and wider than three feet is made in the street pavement, the applicant shall overlay the traffic lanes in which the opening was made for the entire length of street that was opened.
B. 
When two or more traverse trench openings are made in the street pavement less than 100 feet apart, the applicant shall overlay the traffic lanes in which the opening was made for the entire length of the street between such openings.
C. 
When four or more openings are made by the same applicant in the same street pavement less than 100 feet apart, the applicant shall overlay the entire disturbed area.
D. 
When the opening is to be closer than three feet to the edge of the existing pavement, the opening shall be extended to the edge of pavement.
E. 
When the permitted opening is to be closer than five feet to the edge of an existing patch or patches in the pavement, the restoration shall be extended to include said patch.
F. 
When the permitted opening is located in a street 16 feet wide or less, then the applicant shall overlay the entire street width for the entire length of the opening.
A. 
Any person who shall open or excavate any street in the Township shall thoroughly and completely refill the opening or excavation in such a manner as to prevent any settling thereafter, and shall restore the surface to the same condition as it was before the opening or excavation.
B. 
Unless otherwise set forth in this Part 1, all construction processes and material specifications shall be in accordance with the latest editions of the Township's Standard Construction Details and PennDot Publications 408 and 72m.
C. 
The surface shall conform to the proper grade and be of the same surface covering as the part of the street immediately adjoining the opening.
D. 
Any applicant who shall test, bore or drill into any Township street to locate any leaks or for the venting of leaks shall be required to backfill holes with 2A stone to two inches below street surface and fill and compact holes with 9.5 millimeter Superpave and seal with a rubberized bituminous sealant.
E. 
The applicant shall be responsible to replace all pavement markings that are removed or damaged. All material shall be in conformance with PennDOT Publication 408, Specifications.
F. 
No opening or excavation in any street shall extend from the curbline into the street a distance greater than one foot beyond the center line of the street before being refilled and the surface of the street being restored to a condition safe and convenient for travel.
G. 
No more than 500 feet longitudinally shall be opened in any street at any one time.
H. 
Any excavation shall be so conducted as not to interfere with water mains, sewers, or their connections with any buildings, or any other subsurface lines or construction unless written permission from the proper authorities relative to such subsurface lines or construction shall have been obtained. The applicant shall provide the written permission as part of the application.
I. 
No tunneling shall be allowed without the express written approval of the Township with such approval endorsed and set forth upon the permit. The backfilling of a tunnel excavation shall be made only in the presence of the Township, its engineer or inspector designated by it, and shall be done only in a method approved by the Township, by its engineers or by the inspector designated by the Township.
J. 
The use of steel plates to cover open excavations shall be prohibited at all times between the dates of October 15 and April 15.
K. 
A temporary paving of cold mix patch material a minimum of two inches, thoroughly bound and compacted, shall be installed flush with the surface of the adjoining paving and maintained for a period no longer than 90 days. Unpaved trenches shall not remain unpaved longer than five working days after backfilling nor over weekends or holidays.
L. 
Permanent paving courses consisting of four-and-one-half-inch-thick compacted 25 mm Superpave base course and one-and-one-half-inch-thick compacted 9.5 mm Superpave wearing surface, or any other applicable specifications that are or may be required by PennDOT, shall be installed flush with the adjoining paving no longer than 10 working days after receiving authorization from the Township. Ambient temperatures must be 40° F. and rising on the day of final pavement placement. All paving shall be petroleum-grade PG-64-22, meet anticipated equivalent single axle load (ESALs) and be designed to adequate skid-resistant (SRL) ratings for the roadway being repaired. If greater than six inches of pavement exists, new pavement shall be installed to match existing thicknesses. All joints shall be sealed with a rubberized bituminous sealant. Saw cutting of existing pavement shall be in accordance with PennDOT Publication 408, Specifications. All temporary paving material shall be removed from the trench before placement of permanent base course. Compaction testing shall be completed by a qualified testing agency who shall provide written testing results upon completion of the final restoration to document compliance with the latest edition of PennDot Publication 408. A minimum of one compaction test shall be completed and provided to the Township with the subgrade for each patch. For trenches in excess of 500 feet longitudinal, one compaction test shall be provided to the Township for every 500 feet.
M. 
During the making of any excavation in the street or right-of-way, 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 excavating permits granted hereunder 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 or damages, or otherwise whatsoever, which may or shall be occasioned at any time by the said excavation, or by any leak, explosion or other injury from any pipe, apparatus, conduit, or any other matter placed in the said excavation.
N. 
The applicant shall offer the Township visual proof that the opening or excavation is ready to be backfilled before any backfilling is done, when backfilling work is completed, when the temporary paving has been installed and when the street is ready for permanent paving. The applicant shall provide certification by a third party that the compaction has been completed as required.
O. 
Monuments of concrete, iron, or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point or a permanent survey bench mark within the Township shall not be removed or disturbed or caused to be removed or disturbed unless permission to do so is first obtained, in writing, from the Township. Permission shall be granted only upon condition that the applicant shall pay all expenses incident to the proper replacement of the monument.
P. 
When the work performed by the applicant interferes with the established drainage system of any street, adequate provision shall be made by the applicant to provide proper drainage to the satisfaction of the Township.
Q. 
Access to private driveways shall be provided except during working hours when construction operations prohibit provision of such access. Free access must be provided at all times to fire hydrants.
A. 
In the event that any work performed by or for a permit holder shall, in the opinion of the Township or its engineer, be unsatisfactory and where that work is not corrected in accordance with the Township's instructions within the time fixed by it, or in the event that the work for which the permit was granted is not completed within the time fixed by the Township, the Township may proceed to correct such unsatisfactory work or complete any such work not completed and charge the cost of the work to the applicant.
B. 
When any earth, gravel, or other excavated material is caused to roll, flow, or wash upon any street, the applicant shall cause the same to be removed from the street within 24 hours after deposit. In the event the earth, gravel or other excavated material so deposited is not removed, the Township shall cause the removal and the cost incurred shall be paid by the applicant.
C. 
If within five years after the restoration of the surface as herein provided, defects shall appear therein resulting from defective backfilling by the applicant or its contractor or otherwise related to the applicant's work, then the applicant shall reimburse the Township for the cost of all necessary repairs or restoration work completed by the Township, including but not limited to the subgrade and permanent paving.
D. 
Pavement for all work done by the Township under the provisions hereof shall be made by the person liable therefor within 30 days after a bill therefor is sent such person by the Township. Upon failure to pay such charges within such time, the same shall be collectible by the Township by an action at law or in the manner provided by law for the collection of municipal claims.
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.
A. 
The Township shall give timely notice to all persons owning property abutting on any street, or any utilities with facilities located within the Township about to be paved or improved as part of the Township's pavement maintenance program, and to all public utility companies operating in the Township, and all such persons and utility companies shall make all water, gas, or sewer connections, as well as any repairs thereto which would necessitate excavation of the said street within 30 days from the giving such notice, unless such time is extended, in writing, for cause shown by the Township.
B. 
If such work or repairs are completed before the street is paved or improved, the Township shall waive the degradation charges for the applicant, if any are required, for all work requiring excavation of the said street.
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.