[HISTORY: Adopted by the Board of Supervisors of the Township of Independence as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Driveways — See Ch. 91.
Mobile home parks — See Ch. 126.
Subdivision and land development — See Ch. 178.
Vehicles and traffic — See Ch. 189.
[Adopted 7-10-1974 by Ord. No. 2-74; amended in its entirety 6-13-2012 by Ord. No. 2-2012]
A. 
The following words, when used in this ordinance, shall have the meaning ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
APPLICANT
Any person who makes application for a permit. The applicant must be the owner of the facility.
EMERGENCY
Any unforeseen circumstances or occurrence, the existence of which constitutes a clear and immediate danger to persons or properties.
EXCAVATION
Any activity within the right-of-way of any street, alley, or cartway which involves cutting, breaking, or disturbing the surface thereof. In this ordinance, the term "opening" shall have essentially the same meaning as "excavation."
FACILITY
Any tangible asset in the right-of-way required to provide utility service or passage along or through the right-of-way.
IMPROVED ROAD
Any road surfaced with pavement such as asphalt, concrete, bituminous concrete, brick, or similar pavement and any road having concrete base.
INSPECTOR
The Township Engineer or his designated representative who shall be in charge of the inspection of land, streets and buildings in the Township.
NEW STREET
For the purposes of this ordinance, newly constructed cartways (including base and surfacing of either concrete or asphalt) and reconstructed cartways (surfaced with at least one-and-one-fourth-inch top of asphalt) for the first five years after completion of their construction or reconstruction. It shall be the prerogative of the Township to define the term "new street" and advise the proper utility companies of this designation.
ORDINANCE, THIS
Ordinance No. 2 of 2012 of the Township of Independence.
PERMITTEE
Any person who has been issued a permit and is obligated to fulfill all the terms of this ordinance.
PERSON
Any natural person, partnership, firm, association, utility, company, corporation, limited liability company or other entity or authority created pursuant to statute, who is directly responsible for work being performed under the opening permit. Whenever used in any section prescribing and imposing a penalty, the term "person" as applied to associations shall mean the partners or members thereof and, as applied to corporations, the officers thereof.
PUBLIC UTILITY COMPANY
Any company subject to the jurisdiction of and control by the Pennsylvania Public Utility Commission.
STREET
Any public street, avenue, road, square, alley, highway, or other public place located in the Township of Independence and established for the use of vehicles, but not including state highways.
TOWNSHIP
The Township of Independence in the County of Beaver, Commonwealth of Pennsylvania.
TOWNSHIP ENGINEER
The person duly appointed Township Engineer, his authorized deputy, representative or inspector.
UNIMPROVED ROAD
Any cinder, dirt, or gravel road without oil treatment under the jurisdiction of the Township of Independence.
B. 
In this ordinance, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
A. 
It shall be unlawful for any person to cut, break into, excavate or open any street (improved or unimproved) of the Township without first securing a permit from the Township as required herein.
B. 
A road opening permit is required when any of the following occur:
(1) 
Excavation, including the digging, displacing, undermining, opening, boring, tunneling, auguring, or in any manner breaking up any street or area within the Township or county right-of-way.
(2) 
Excavation in or under the surface of any street, installation of any street improvements, construction, removal or alteration of any improvements which are located within the right-of-way.
(3) 
The placement or deposition within the right-of-way of mulch, stone, dense graded aggregate or excavated material which obstructs the intended flow of stormwater.
(4) 
Any other action which interferes with or disturbs the surface of the streets or improvements within the Township right-of-way.
Permits shall be issued only to persons furnishing public utility services, municipal services or the owner or owners of the real property adjoining the location where such opening or excavation is to be made. Other entities may be issued permits upon full compliance with the provisions of this ordinance.
No person to whom a permit has been granted shall perform any work in any amount or quantity greater than that specified in the permit, except that upon the approval of the Township Engineer, additional work may be done under the provisions of the permit in any amount not greater than 20% of the amount specified in the permit. Any deposit deposited in connection with the original permit shall be deemed to cover any such additional work as may be approved pursuant to this section within the limit mentioned herein.
A. 
A permit may be issued to the applicant after satisfaction of all the requirements set forth herein, including payment of a nonrefundable application fee as set by resolution of the Township. Issuance of a street opening permit does not constitute an approval by any other agency. If the application is disapproved, written notice of disapproval, together with reasons therefor, shall be given to the applicant.
B. 
In the event of the denial of a permit, the Zoning Officer and/or Township Secretary or their designee shall set forth in writing the basis for the denial. The permittee may appeal the denial and request a hearing before the Board of Supervisors. Any request for a hearing shall be submitted in writing to the Township Secretary within 10 days of the revocation of the permit. The hearing shall take place within 30 days of the request for the hearing.
The work authorized by the permit is subject to all the provisions of the Act of December 10, 1974, P.L. 852, as amended, 73 P.S. § 176 ("One Call Act") or supplemented from time to time. It shall be the permittee's responsibility to contact the utilities that have recorded their facilities in compliance with said One Call Act.
A. 
Where the permittee is required or has removed for the convenience of this work any traffic sign, sign or similar improvement, he shall restore same to its original place in as good a condition as was originally found.
B. 
The permittee shall be responsible for protecting, within the work zone, any existing right-of-way or survey monuments (i.e., iron pipes, granite markers, etc.) during construction. If it is apparent the construction work may or will disturb monumentation, the permittee shall contact a professional land surveyor so that monumentation can be located and offset prior to excavation.
C. 
If the excavation/construction work disturbs or removes any existing property or right-of-way monumentation or survey marker, the permittee shall, at his or her expense, have the monument reset by a professional land surveyor.
D. 
All traffic regulatory signs that must be removed during the progress of the work shall be temporarily relocated and shall remain in service as directed by the Borough Engineer.
Work for which a permit has been issued shall commence within 180 days after the issuance of the permit thereof. If not so commenced, the permit shall be automatically terminated. Permits thus terminated may be renewed upon the payment of an additional permit fee as originally required.
A. 
A minimum of 48 hours' notice to the Township Secretary shall be given prior to the commencement of work, except in cases of emergency.
B. 
Five working days' notice is required for openings which require traffic detours.
No openings shall be done on weekends, Township holidays, or outside the normal working hours of 7:00 a.m. to 3:30 p.m. without the written permission of the Township Secretary or his designee, unless in case of emergency. Failure to provide notice as required may result in revocation of the permit and issuance of a stop-work order. If special conditions require work on the weekend, at night, or on Township holidays, the permittee shall obtain written approval of the Township Secretary or his designee. The applicant will be responsible for all premium costs associated with this overtime work.
Permits are not transferable from one person to another, and the work shall not be performed in any place other than the location specifically designated in the permit.
Every permit shall expire at the end of the period of time which shall be set out in the permit. If the permittee shall be unable to complete the work within the specified time, he shall, at least two weeks prior to expiration of the permit, present in writing to the Township Secretary a request for an extension of time, setting forth therein the reasons for the requested extension. If such an extension is necessary and not contrary to the public interest, the permittee may be granted additional time by the Township Secretary or his designee for the completion of the work upon recommendation of such extension by the Township Engineer.
A. 
Any permit may be suspended or revoked by the Township Zoning Officer as the designee of the Township Secretary, after notice to the permittee, for:
(1) 
Violation of any condition of the permit or of any provision of this ordinance.
(2) 
Violation of any provision of any other applicable ordinance or law relating to the work.
(3) 
Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or properties of others.
B. 
In the event of suspension or revocation of the permit, the Zoning Officer and/or the Township Secretary or their designee shall set forth in writing the nature of the violation(s). In the event of suspension, the Zoning Officer and/or the Township Secretary or their designee shall set forth in writing those conditions that exist that require remediation and the time frame to perform the necessary remediations to effectuate compliance with the permit and/or ordinance.
C. 
In the event that a permit is suspended or revoked, the permittee may appeal the revocation and request a hearing before the Board of Supervisors. Any request for a hearing shall be submitted in writing to the Township Zoning Officer within 10 days of the revocation of the permit. The hearing shall take place within 30 days of the request for the hearing.
Any person who shall desire to make any opening or excavation in any of the streets in the Township shall make application to the Township Secretary in writing for that purpose. Such application shall be made upon blanks to be furnished by the Township and shall set forth the name of the applicant, the exact location of the proposed opening for 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 the ordinances of the Township of Independence and the laws of the commonwealth in relation thereto, and that the applicant shall well and truly save, defend and keep harmless the Township from and indemnify it against any and all actions, suits, demands, payments, costs and charges for or 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.
A. 
Keep the original copy of the permit and an approved copy of the plan in the possession of the party or parties actually doing the work, and when required, exhibit same to the Township Secretary, Township Engineer, duly authorized inspectors, or, in the instances of county or state highways, to the respective inspectors of these authorities.
B. 
If it is determined by the Township that it is necessary, provide a video or photograph of the proposed opening and surrounding areas to protect the Township and adjoining property owners from damages during construction.
A. 
Provide all facilities and traffic controls needed per the latest version of the PennDOT specifications for maintaining public use of the site, including, but not necessarily limited to:
(1) 
Warning signs, barricades, delineators, lights, cones, etc.;
(2) 
Flaggers with appropriate signs and ability to direct traffic through the work site.
B. 
Traffic control shall be the sole responsibility of the permittee.
C. 
Traffic control plan.
(1) 
For streets listed below, a traffic control plan shall be submitted to the Township Secretary for prior approval by the Township if the work zone will occupy or block any of the travel lanes on any of the streets: The permittee shall submit one reproducible copy of the plan(s). The plan shall identify the means whereby partial or full disruption of traffic will be safely cared for. The permittee shall prepare the traffic control plan in conformance with the requirements of the most current version of the U.S. Department of Transportation, "Manual of Uniform Traffic Control Devices" (MUTCD), Part VI, "Standards and Guides for Traffic Controls for Street and Highway Construction, Maintenance, Utility, and Incident Management Operations."
(2) 
Include on the plan, but do not necessarily limit control devices to:
(a) 
Location of warning signs (indicate wording or symbols to be used);
(b) 
Location of delineators, barricades, cones or similar devices;
(c) 
Location of flagging stations.
(3) 
Streets requiring a specially approved traffic control plan are (Other streets may require a traffic control plan to be submitted and approved in advance as may be determined by the Engineer or the Chief of Police.):
Name of Township Street (if any)
(Reserved)
D. 
No street is to be closed completely to through traffic unless a traffic control plan has been submitted to and approved in advance by the Township Secretary and the Chief of Police and the appropriate signs are in place.
(1) 
The Township reserves the right to restrict the duration and scheduled closing of any street. The permittee shall take all steps to minimize the time a street is to be closed to through traffic. For approved closures, the following steps shall be required:
(a) 
Restore all streets to two-way traffic during all nonwork times (the street shall be left in safe condition to allow such traffic).
(b) 
No open excavations are left in the traveled way overnight unless specifically approved.
(c) 
Coordinate all blockage of drives with the affected property owners.
E. 
Implementation of traffic control.
(1) 
All work zone signs shall be reflectorized with black lettering on an orange background or as specified by PennDOT. A sufficient number and type of signs and traffic control devices shall be provided in accordance with the PennDOT.
(2) 
The permittee shall provide flagging stations as detailed by the traffic control plan or if deemed necessary by the Township Secretary in order to maintain a smooth and safe flow of traffic. Flaggers shall be provided with a hard hat, safety vest, and paddle sign and shall direct and control the traffic pattern in a safe and PennDOT-approved manner.
(3) 
Inspect site at least twice daily to verify all controls are in place and the site is in a proper and safe condition throughout the progress of the work.
(4) 
The permittee is responsible for contacting in advance the Police and Fire Departments to constantly apprise them of traffic detours and road blockages.
(5) 
The permittee shall provide and maintain at all times during the work an adequate ingress and egress for the residents and any businesses in or adjacent to the work site.
(6) 
Emergency vehicle access shall be allowed within the work site at all times.
(7) 
The permittee shall provide emergency service at nights and on the weekends should the work site need attention due to weather conditions or similar problems. An on-call number shall be given to the Engineer and the Police Department.
(8) 
All traffic regulatory signs that must be removed while work progresses shall be temporarily relocated and shall remain in service as directed by the Engineer.
A. 
Excavation.
(1) 
All cuts, breaks, excavations and openings shall conform in size to the application on which the permit is based and shall be performed in neat, even and rectangular sections. All excavations to a depth that is greater than the maximum depth of unsupported trenches allowed by the most current OSHA regulations shall be shored and braced.
(2) 
Unless written permission is obtained from the Township Engineer, no permittee shall be allowed permission to cut, break into, excavate or open a street for a greater distance than 500 feet at one time or keep the same open for a period longer than one week. During the entire period the street is being cut, broken into, excavated or opened by the permittee, there shall be provided by the permittee a space at street level of at least 12 feet in width for the purposes of allowing vehicles free and unimpeded use of the same.
(3) 
If, in the opinion of the Township or its Township Engineer, any cut, excavation or opening would be dangerous if left exposed, the permittee shall erect a suitable barrier or railing around the same in such manner as to prevent danger to pedestrians or vehicles and place upon such barrier or railing and upon any building materials and appliances suitable and sufficient warning lights during the period or darkness. In any event, suitable and sufficient warning lights shall be maintained by the permittee during periods of darkness in the vicinity of the cut, excavation or opening. The barriers and lighting shall conform to the Manual of Uniform Traffic Control Devices and any amendments. In addition to the permittee placing his name and phone number where he can be reached at all times on the barriers, the permittee shall also notify the Township Secretary and Township Engineer and local municipal authority of the condition of the unfinished excavation and furnish the above with his name and phone number where he can be reached at all times.
(4) 
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 in 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.
(5) 
No opening or excavation in any street shall extend from the curbline into the highway a distance greater than one foot beyond the center line of the street before being refilled and the surface of the highway restored to a condition safe and convenient for travel.
(6) 
All permittees shall keep the area of their work clear of dirt and debris at all times and shall carry away and dispose of all excess dirt, debris and other material resulting from their work.
(7) 
The applicant shall notify the Township Engineer when the opening or excavation is ready for backfilling before any backfilling is done, when backfilling work is completed, when the temporary paving has been installed and when the street has been permanently restored so that inspections may be made.
(8) 
Any concrete sidewalks disturbed, damaged or disrupted during the excavation or trench opening shall be replaced with concrete sidewalk conforming to all applicable standards of the Township. The minimum size of all openings or excavations shall be from control joint to control joint or from edge of paving to edge of paving.
(9) 
All concrete drive aprons disturbed during the course of excavation or trench opening shall be replaced in accordance with all applicable standards for concrete drive aprons, in accordance with PennDOT Publication 408.
(10) 
Any damage to existing pavement shall be replaced by the contractor in accordance with the Township specifications and details and no additional cost to the owner.
B. 
Backfilling.
(1) 
All breaks or openings in surfaces made pursuant to this article shall be backfilled to the approval of the Township Engineer or his/her designee, replacing the excavated materials with materials and methods consistent with approved Township of Independence Construction Details. All backfilling must be done by thorough tamping in uniform layers not to exceed six inches in depth. In unimproved areas, backfilling may be accomplished with excavated materials, tamped in six-inch layers, if approved by the Township Engineer.
(2) 
All openings or excavations shall be backfilled promptly with modified 2A stones and thoroughly compacted in layers, each of which layers shall not exceed eight inches in depth. Backfilling shall be placed to within five inches of the surface.
Upon notice to the Township Engineer, and under his inspection, the permittee shall immediately, after completing the work, refill, properly tamp and restore the excavation or opening with a temporary paving cover that is flush with the surface of the adjoining paving as follows: five inches of approved bituminous temporary patch material (cold patch), or bituminous concrete base course in paved cartways. The temporary paving cover shall be left in place and maintained by the applicant for a minimum of 60 days and a maximum of 90 days, after which the temporary paving cover and required portion of compacted gravel shall be removed and replaced, with the final paving in accordance with the Independence Township details. If the temporary pavement is not adequately maintained, the Township will repair at the permittee's expense.
A. 
The permittee is responsible for the full restoration of the roadway surface, including restriping, installation of raised pavement markings, speed humps and signage.
B. 
No permittee shall commence permanent restoration on any street foundation or surface until two months after completion of the excavation or as directed by the Township Engineer. The street surface shall be permanently restored as to extend 12 inches beyond the excavation on all sides (see Pavement Restoration Detail)[1]. The permanent restoration shall consist of a minimum of eight inches of 2A subbase, three inches of bituminous concrete base course, and two inches of ID-2 wearing course applied with appropriate tack coat to adjacent pavement surface or a pavement cross section consistent to the existing pavement section.
[1]
Editor's Note: Said detail is on file in the Township offices.
C. 
At the discretion of the Township's Engineer, the surface restoration shall extend the whole width of the travel lane.
D. 
For road openings down the center of the cartway, surface restoration shall extend across the full width of the paved road (both travel lanes).
E. 
On concrete base streets, such base shall be replaced with concrete.
F. 
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.
A. 
If it is sought to excavate upon or open a street within five years after the completion of the paving, the applicant shall make written application to the Township Board of Supervisors, and a permit for such opening shall be issued only after express approval of the Township's Board of Supervisors.
B. 
In the event that the newly paved or resurfaced street is dedicated to the Township, the sixty-month period shall be deemed to begin on the date of acceptance by the Township of the affected street.
C. 
The new street surface shall be permanently restored as to extend 25 feet beyond the furthest point of disturbance within the lane(s) of travel and shall extend the full width of the street (varies). This street opening area of final restoration shall be milled and replaced with two inches of ID-2 wearing course (see New Road Pavement Detail - Plan View).[1]
[1]
Editor's Note: Said detail is on file in the Township offices.
D. 
All final restorations shall have sawcut edges to the limits of milling.
E. 
Prior to the installation of the final wearing course, all vertical edges shall be tack coated with asphalt cement class PG 64-22 and in accordance with PENNDOT Specifications Publication 408.
A. 
All topsoiled, seeded or otherwise unpaved areas disturbed in the course of the work shall be topsoiled with a minimum thickness of not less than four inches of loam-type topsoil. Fertilizer, lime and other soil conditioners needed to promote the proper growth of grass shall be incorporated and thoroughly worked into the topsoil. Seed or sod of species suitable for growth in the location and environment, and conforming to the requirements of PennDOT Publication 408, shall be placed in all unpaved areas.
B. 
The permittee shall comply with the following requirements:
(1) 
The permission herein granted does not confer upon the permittee or its contractors the right to cut, remove or destroy trees or shrubbery within the legal right-of-way except under specifications, regulations and conditions as the Township may prescribe.
(2) 
The permittee shall avoid unnecessary damage or injury to trees, shrubs, and landscape plantings.
(3) 
The permittee shall replace any tree, shrub or other landscape planting removed or substantially damaged during the course of the work.
(4) 
The Township may require the permittee to take precautions, such as directional boring or rerouting a utility line, to avoid injuring a tree, shrub, or landscape planting.
(5) 
Within 18 months of completion of the work, any tree, shrub or other landscaping planting that shows substantial damage attributable to the permittee's work shall be replaced by the permittee at the permittee's sole expense.
A. 
Abandonment or discontinued use.
(1) 
A permittee or other person who has discontinued use of all or a portion of its utilities or other facilities in a Township right-of-way shall notify the Township of such discontinued use and shall provide the Township with a drawing describing the type and location of all discontinued utilities and facilities.
(2) 
A permittee or other person who has discontinued use of or abandoned utilities or other facilities in a Township right-of-way shall remove such utilities and facilities if required by the Township in conjunction with other right-of-way repair, excavation, or construction work.
B. 
Permittee responsibilities for future relocation of work. If at any time in the future the roadway is widened or reconstructed or the alignment or grade is changed, the permittee further agrees to change or relocate all or any part of the structures covered by this permit which interfere with the improvement of the roadway at the permittee's own cost and expense.
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 have been first filed with the Township Secretary and such plan, and the exact location of such main or line, approved by the Township Engineer. The Township Engineer shall not approve the locating of any such main or a line at a depth of less than 30 inches from the surface of the street unless he shall be convinced that locating the same at a depth of more than 30 inches from the surface is impossible or impractical.
Before any permit shall be issued to open or excavate any street in the Township of Independence, the applicant shall pay a permit fee in the amount fixed and fund an escrow for inspections and permit review according to a scheduled established pursuant to resolution.
Payment for all work done by the Township under the provisions hereof shall be made by the person made liable therefor under the provisions hereof within 30 days after a bill therefor is sent to 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 in assumpsit or in the manner provided by law for the collection of municipal claims.
Prior to the issuance of a permit, the applicant shall deposit a performance and maintenance guaranty as follows:
A. 
Bond required. No person, company, entity, corporation or association shall excavate, open and/or close any street or alley without first depositing with the Township a bond in the amount of $100,000 issued by a trust or surety company authorized to do business in the Commonwealth of Pennsylvania as surety in such sum conditioned for the faithful performance of these provisions and also for any and all damages, claims, demands, suits, costs and counsel fees occasioned or arising from the excavation, opening or closing of said streets and alleys. The company, corporation or association depositing such bond shall renew such surety on an annual basis.
B. 
Inspection escrow. Prior to the issuance of a permit, the applicant shall make a deposit for inspection fees in an amount to be determined by the Township Engineer. The escrow shall be established as per the attached escrow schedule[1] or as may be omitted by further resolution.
[1]
Editor's Note: Said escrow schedule is on file in the Township offices.
Each applicant, prior to receipt of a permit, shall provide the Township with an acceptable certificate of insurance indicating that he is insured against claims for damages for personal injury as well as claims for property damage which may arise from or out of the performance of the work, whether such performance is by himself, his subcontractor or anyone directly or indirectly employed by him. Such insurance shall cover collapse, explosive hazards and underground work by equipment on the street and shall include protection against liability arising from completed operations for a period of time to be determined by the Township Board of Supervisors. The amount of the insurance shall be $1,000,000 single limit. Public utilities and authorities may be relieved of the obligation of submitting such certificates if they are insured in accordance with the requirements of this chapter.
A. 
In case of an emergency involving gas, water, sewer, telephone, cable or electric utilities, where immediate repair is imperative to prevent loss or damage to streets or property or discontinuance of service, it shall not be necessary to obtain permits before commencing such repair, but 1) the Township Secretary and Township Police Department must be notified immediately of the occurrence, and 2) such permit(s) shall be obtained no later than the next business day thereafter, and this section shall not be held or taken in any case to exempt the applicant from any other provisions of this ordinance.
B. 
If an emergency repair is granted on a new street as defined earlier, then street restoration will be a minimum length of 25 feet from the edge of the opening and a minimum width from roadway center line to edge of roadway, or as directed by the Township Engineer.
C. 
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 Secretary, after such notice as he 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 same on the basis of cost plus 20% to such owner or person.
D. 
The Township Secretary is hereby designated as the appropriate official to determine whether a bona fide emergency exists or existed to justify the emergent opening of any street covered by this section.
A. 
Every person owning, using, controlling or having an interest in pipes, conduits, ducts or other structures under the surface of any street used for the purpose of supplying or conveying gas, electricity, communication impulses, water or steam to or from the Township or to or from its inhabitants, or for any other purpose, shall file with the Township Secretary within one year after the adoption of this ordinance accurate information showing the as-built location, size and description of all such installations.
B. 
Within 30 days after the first day of January of each and every year, such person shall file with the Township Secretary additional information showing installations, including all those made or abandoned during the previous year; provided, however, that if no additions have been made to its installation during the previous year, a utility or authority may file with the Township Secretary a written statement to that effect within the period of time specified above. A utility or authority may, at its own option, elect to provide additional information throughout the year as it is available rather than proceed as above noted. The Township Secretary may, however, request additional information periodically as may be necessitated by proposed construction or reconstruction of roadways within the Township.
If the work to be undertaken by the permittee is such that it will affect the use of properties abutting or adjoining the project or subsurface installations, including utilities, in the vicinity of the proposed opening, the permittee shall be required to submit evidence in affidavit form that notices were served on the owners and tenants of such properties and subsurface installations personally or by certified mail, return receipt requested.
If the permittee fails to timely repair a defect, the Township reserves the right to cause the repairs to be made with all costs incurred to be at the expense of the permittee.
A. 
Penalties. Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and costs or, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Every day that a violation of this article continues shall constitute a separate offense.
B. 
In addition to the foregoing penalties, any person violating this ordinance by causing the nonemergent opening of a street shall be liable for the reasonable costs incurred by the Township in restoring the street to its original condition.
The terms of this ordinance shall not apply to a street in any subdivision approved by the Township of Independence prior to the Township's accepting the said street for dedication.