[Adopted 12-18-2013 by Ord. No. 980[1]; amended in its entirety 12-4-2019 by Ord. No. 1047]
[1]
Editor's Note: This ordinance also repealed former Art. III, Street Excavations, adopted 2-12-1973 by Ord. No. 177, as amended.
A. 
As used in this article, the following terms shall have the meanings indicated:
ACCESS
Any means for passage of vehicles between property abutting a street and the street. It shall be deemed to include only that portion of the driveway or access road that lies within the established right-of-way limits of the street.
APPLICANT
Any person who makes application for a permit under the provisions of this article.
CONSTRUCTION
The building, putting together, installation or placing of any materials upon, through, or over the street, curb, sidewalk or areas within the right-of-way of any street or lane within the Township which could interfere with the public's use of said street, right-of-way or sidewalk.
DEPARTMENT
South Whitehall Township Department of Public Works.
EMERGENCY
Any unforeseen circumstances or occurrence, the existence of which constitutes a clear and immediate danger to persons or properties.
ESCROW
Includes any of the following: application fee, inspection fee and/or maintenance guarantee as pertaining to this article.
EXCAVATION or EXCAVATIONS
The digging of any trench or excavating through or under the street, curb, sidewalk, or right-of-way or the cutting into or opening and removal of any of the pavement surfaces and/or subsurfaces, curbs or sidewalks within the right-of-way of any street, lane, curbs or sidewalks within the Township.
INSPECTOR
The Township employee, agent or consultant designated by the Township from time to time to review and inspect construction, restoration and/or maintenance activities pursuant to a permit issued under this article.
PERMIT FEE
A fee paid by the permittee to the Township to cover all the costs of the street right-of-way or Township easement permit.
PERMITTEE
Any person who has been issued a permit under this article.
PERSON
Shall include, without limitation, any natural person, partnership, firm, association, utility, corporation, joint venture, limited liability company, trust, estate, governmental agency or authority and/or any other entity.
PUBLIC UTILITY COMPANY
Any company subject to the jurisdiction of and control by the Pennsylvania Public Utility Commission or the Federal Communications Commission.
SECURITY
The cash performance escrow fund established by a permittee or an irrevocable letter of credit issued for the benefit of the Township guaranteeing the full and proper construction, erection, installation, completion, inspection and maintenance of the improvements and other obligations undertaken by the permittee pursuant to a permit. If an irrevocable letter of credit is provided, the form thereof must be approved by the Township solicitor, and the letter of credit must be available for draws/presentation no further than 60 miles from the Township's office. Performance bonds are not accepted as security under this article. Security is sometimes referred to as a "performance escrow" in this article, and the terms are intended to be used interchangeably.
STREET
Any avenue, boulevard, road, lane, parkway, viaduct, or other way for the movement of vehicular traffic which is an existing state, county, Township roadway, or way shown upon a plan and includes the land between street or right-of-way lines, whether unimproved or improved, with pavement, gutters, sidewalks, curbs, parking areas and other areas within the right-of-way.
STREET OCCUPANCY
Excavation, installation, construction, or the establishment of any access from abutting property to a street, which access will be used by vehicles as a means of ingress or egress to said streets.
STREET OPENINGS
Any excavation, installation, or construction, within the right-of-way of Township streets, which does not fall within the definition of "street occupancy."
TOWNSHIP
The Township of South Whitehall, County of Lehigh, Commonwealth of Pennsylvania.
B. 
In this article, 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 make any street opening or undertake any construction of any kind upon, in, under, or over the right-of-way of any street or to make any street occupancy without first securing a permit from the Township for each separate street opening or street occupancy; however, any person maintaining pipe, lines, or other underground facilities in or under the surface of any street may proceed with a street opening without first obtaining a permit when emergency circumstances demand the work to be performed immediately and providing that the permit could not reasonably and practically have been obtained beforehand. The person shall thereafter apply for a permit on the first regular business day on which the Township office is open for business and said permit shall be retroactive to the date when the work began. In all cases where emergency openings are necessary, the Township Public Works Department shall be notified prior to such openings.
B. 
Any person working in the vicinity of a Township street who in any manner disturbs such street or who in any manner causes damage to a street will be required by this article to obtain a permit and deposit the necessary fees as required to correct damage.
C. 
Public utilities will obtain street excavation permits for work performed by their own forces or by contract.
D. 
Notwithstanding the foregoing, entities under contract with or performing work for the Township are required to obtain a permit under this article; however, no fee is required for such permit.
No person to whom a permit has been granted shall perform any of the work authorized by such permit or any work greater than that specified in the permit, except that upon approval by the Inspector. Additional work beyond that originally authorized by the permit may only be performed under the provisions of the permit in such an amount as the Inspector shall deem appropriate and necessary to complete the work. Any inspection escrow amount and security posted in connection with the original permit shall be deemed to cover any such additional work as may be approved pursuant to this section. Upon request of the Township, the permittee shall so acknowledge the applicability of the inspection escrow and security to the additional work. If the scope of the work would require additional security or an addition to the inspection escrow, the additional security or inspection escrow funds shall be provided to the Township before the additional scope of work approved by the Inspector commences.
A. 
Work for which a permit has been issued shall be completed within 120 days after the issuance of the permit unless otherwise specified in writing by the Township. If not so completed, the permit shall be automatically terminated unless the permittee applies to the Township for an extension of time within which to perform the work. If such an extension is granted, the original permit shall remain in force for the period of time specified in the extension. The permittee shall notify the Township Department of Public Works and the Inspector 48 hours prior to the initial commencement of work and prior to subsequent starts of work.
B. 
All work must be performed during times specified in the following schedules. All street openings and excavations must be closed and all obstructions removed from the South Whitehall Township right-of-way at all other times. Exceptions are granted only in an emergency or when written permission is obtained in advance from the Inspector. No work shall be performed on any Saturday, Sunday, or legal holiday except in case of an emergency. If a street opening or excavation is left at any incomplete stage for over 24 hours, it may be deemed contrary to the public interest by the Township and be subject to the Township's rights and remedies outlined in this article, including but not limited to those in § 304-22, concerning revocation of permits.
(1) 
Monday through Friday: 7:00 a.m. to 4:00 p.m.
(2) 
No work may be performed on any Saturday, Sunday or legal holiday.
Permits are not transferable from one person or entity to another, and the work shall not be made in any place other than the location specifically designated in the permit.
Every permit shall expire at the time stated in the permit. If the permittee does not complete the work within the specified time, the permittee shall, at least two business days prior to expiration of the permit, present in writing to the Township a request for an extension of time, setting forth therein the reasons for the requested extension. If in the opinion of the Township such an extension is necessary and not contrary to the public interest, the permittee may be granted additional time for the completion of the work. In the event that the Township does not agree to an extension of the time to complete the work, the permit shall expire, and the Township's rights and remedies shall be as outlined in this article, including but not limited to those in § 304-22 concerning revocation of permits and § 304-25 concerning default by the permittee .
A. 
The permit fees, performance escrow amounts and inspection escrow amounts for street excavations and street occupancies shall be as listed in the Township's fee schedule, which may be updated by resolution of the South Whitehall Township Board of Commissioners from time to time.
B. 
All street excavation or construction work required by utilities owned and/or operated by the Township shall be made and restored under the direction and supervision of the Inspector. The permit, permit fee, inspection escrow and security requirements of this article shall not be applicable to any openings or occupancies made by such municipally owned and/or operated utilities.
C. 
Permit fees are not subject to a partial refund or any reimbursement of funds or deposits in the event the applicant does not timely pick up a permit following review by the Township. Following the Township' s notification to the applicant that a permit has been reviewed, has been approved (effective upon being picked up) and is ready to be picked up at the Township Municipal Building, the permit shall be valid for the period of time established by resolution of the South Whitehall Township Board of Commissioners, which may be adjusted from time to time. Failure of the applicant to pick up the permit shall render the permit denied and, prior to commencing any street opening or street occupancy, the applicant must submit a new permit application with fees as required by the fee schedule then in effect.
A. 
The provisions of this article shall not be applicable in those instances where the highway is maintained by the Commonwealth of Pennsylvania or by the County of Lehigh. For such highways, work shall not commence until all applicable permits are obtained from either the Commonwealth of Pennsylvania or the County of Lehigh, as applicable.
B. 
When work is proposed within a private road, no permit is required under this article, but the work performed shall comply with all applicable Township construction standards and details, and, if applicable, permission must be obtained from the owner(s) of the private road before work commences.
Permits shall be granted subject to the right of the Township or any other person to lawfully use the street for any purpose not inconsistent with the permit. The Township shall also have the right to require that permittees allow reasonable additional uses of said permittee's facilities and trenching in order to avoid duplication of facilities, work and congestion of said streets.
A. 
Any permit may be revolted by the Township after notice to the permittee for:
(1) 
Violation of any condition of the permit or any provision of this article.
(2) 
Violation of any provision of any other applicable ordinance and/or resolution relating to the work.
(3) 
The permittee failing to replenish its inspection escrow and/or renew the security required by this article.
(4) 
Existence of any condition or the doing of any act constituting or creating a nuisance or endangering life or property.
B. 
Written notice of any such violation or condition shall be served upon the permittee. The notice shall contain a brief statement of the reasons for revocation of the permit. Notice may be given either by personal delivery thereof to the person to be notified, by certified or registered United States Mail addressed to the persons to be notified with return receipt requested, or by nationally recognized overnight courier requiring a signature for delivery. Notice shall be deemed to be effective the day delivered if by personal delivery, the day after the notice is deposited with the U.S. Postal Service if sent by certified or registered mail, return receipt requested, or the day after the notice is deposited with a nationally recognized overnight courier.
C. 
When any street opening permit has been revoked or the Township does not agree to an extension of the permit to complete the work, and the work authorized by the permit has not been completed, the Township may do such work as is necessary to restore the street or part thereof to as good a condition as before the opening was made. All expenses thereby incurred by the Township shall be recovered from the permittee, including but not limited to the Township's attorneys' and experts' fees. The Township shall have the absolute right to draw on the permittee's security for all expenses incurred in restoring the street or part thereof.
A. 
It shall be the duty and responsibility of any applicant to:
(1) 
Make written application for the issuance of a street opening or street occupancy permit to the Township upon the form(s) furnished by the Township for that purpose and deliver all other information required by said form(s) to be furnished to the Township. The application shall be completed and signed by the applicant, and all fees shall be paid when the permit application is delivered to the Township.
(2) 
Make certain no work commences until all of the following have occurred:
(a) 
The Township has approved the application and plan and has issued a permit;
(b) 
The permittee has paid and provided all inspection escrow fees, security and evidence of insurance as required by this article; and
(c) 
The permittee has notified the Township Public Works Department and the Inspector of the time work is to commence pursuant to the requirements of this Article III.
B. 
By submitting a permit application and picking up an approved permit, all applicants shall have agreed to exonerate, indemnify, protect, defend (through legal counsel of the Township's choice) and save harmless the Township and its boards, committees and commissions (including the individual members thereof), their elected and appointed officers and officials and their employees, contractors, other professional consultants, engineers, solicitors, managers, representatives, inspectors, advisors, predecessors, successors, agents, independent contractors, insurers and assigns (collectively, the "Township representatives") from any and all claims, cross-claims, lawsuits, proceedings, actions, causes and rights of action, expenses, assessments, awards, attachments, losses, allegations, demands, injuries, losses, costs (including, without limitation, attorneys' fees and other costs and expenses incurred, including expert witness fees), damages (including, without limitation, compensatory, consequential or punitive damages), sanctions, and liabilities of every kind, character and manner whatsoever, in law or in equity, civil or criminal, administrative or judicial, contract, tort (including, without limitation, negligence of any kind) or otherwise ("claims"), pertaining to, relating to, resulting from, caused by or arising out of:
(1) 
The design, construction (including but not limited to materials and workmanship) or operation of the improvements within the street, including but not limited to any alleged negligence of the Township or Township representatives, for damages or injuries, including death, to person or properties pertaining to, relating to, resulting from, caused by, arising out of or sustained in connection with the design, construction or operation of the improvements within the street;
(2) 
The failure of the applicant or applicant's agents, contractors, employees, heirs, executors, representatives, successors and assigns to comply with the terms of the permit for construction of the improvements; and/or
(3) 
Defects in materials and/or workmanship or for or on account of any accident or other act, negligent or otherwise, or omission of the applicant or his/her/its agents, servants, consultants, independent contractors or employees.
C. 
In requesting a street opening, the applicant shall indicate justification for installing facilities aboveground in any Township right-of-way, since it is the intention of the Township to encourage the installation of underground utilities.
A. 
Street openings. It shall be the duty and responsibility of any person receiving a street right-of-way permit to:
(1) 
Pay the inspection escrow fees which shall be listed in the Township fee schedule as updated from time to time by resolution of the South Whitehall Township Board of Commissioners; provided, however, that public utility companies and municipal authorities may, upon written request to the Township, which request is approved by the Township in writing in the Township's sole discretion, elect to be billed monthly for such fees as they accrue in a single invoice for all such permits that may be open at the particular time instead of requiring independent inspection escrow amounts for each individual permit.
(2) 
Make a deposit into an inspection escrow account to cover the cost of inspecting the work authorized by the permit. The deposit to be made by the permittee shall be in accordance with the amount listed in the then-current Township fee schedule, as updated from time to time by resolution of the South Whitehall Township Board of Commissioners. The deposit shall be paid at the time the permit is issued to the permittee, and the deposit shall be used to reimburse the Township for the cost to cover all necessary inspection of said work, the cost of restoration, or for any other purpose set forth in this article. The Township may elect to waive this requirement, in the Township's sole discretion, insofar as it pertains to a public utility company, if such company submits a written request of the waiver to the Township which is approved in writing by the Township and such public utility company files with the Township security satisfactory with the Township Solicitor in an amount necessary to cover the required security and inspection escrow amounts, conditioned upon the payment to the Township of all costs which would otherwise be covered by and paid out of such inspection escrow. In the event any public utility company elects to file such security, the Township shall bill such company monthly for such costs as they accrue, and all such invoices shall be due within 30 days.
(a) 
Upon the Township forwarding the permittee an invoice for Township expenses incurred during observation and inspection of the work, the Township is authorized and shall have the unilateral right to withdraw monies from the inspection escrow to cover the Township expenses set forth in the invoice. The permittee shall replenish the inspection escrow by promptly paying the invoice. Said payment will be deposited into the inspection escrow account. Any invoices not paid within 30 days of the invoice date shall incur a finance charge of 1% per month, compounded monthly, until such sums have been paid. If at any time the inspection escrow account is insufficient to cover all or any part of an invoice for Township expenses, and the Township informs the permittee of this fact, the Township shall have the unilateral right to withdraw the remaining monies from the inspection escrow account, and the permittee shall pay the Township the amount of any such shortfall and also make a payment for the total invoice whereby said monies will be deposited in the inspection escrow account. The permittee's obligation to pay invoices for which there are insufficient funds in the inspection escrow account is in addition to the permittee's obligation to replenish the inspection escrow balance in accordance with this section. If an inspection escrow account remains unfunded after 30 days, the Township shall have the right to:
[1] 
Deny issuing additional permits to the permittee for other proposed openings or occupancies;
[2] 
Stop all inspections under permits then-issued; and/or
[3] 
Issue an order that the permittee cease and desist all work until all outstanding invoices are paid and the inspection escrow account is replenished as required by this article.
(3) 
When the permit is issued, the permittee shall provide the Township with security to guarantee faithful performance of the work authorized by a permit granted pursuant to this article. The amount of the security shall be as established in the Township fee schedule adopted by resolution of the South Whitehall Township Board of Commissioners. The term of the security shall begin from the date of the permit being issued and shall not expire until 18 months following the permanent restoration of the pavement as evidenced by the receipt of a certificate of final inspection from the Inspector. If the permittee anticipates requesting more than one permit per year as required by this article, the permittee may furnish one letter of credit or cash escrow account in such amount as the Township deems necessary to guarantee faithful performance, but such amount shall be no less than the aggregate sum of the security for each project individually.
(4) 
Insurance:
(a) 
Provide the Township with evidence that the following insurance coverage is in place, indicating that the permittee, the Township and the Township representatives are insured against claims for damages for personal injury as well as against claims for property damages which may arise from or out of the performance of the work, whether such performance be by the permittee, its subcontractor, or anyone directly or indirectly employed by the permittee. The permittee shall provide copies of its liability insurance policy and endorsement(s) for the coverage of Township and Township representatives and the declaration page(s) by which the Township and the Township representatives are named as additional insureds and that the requirements of this article are complied with. Insurance binders shall also be acceptable in lieu of providing the actual policies and endorsement(s). This information shall be delivered to the Township for review when the permit application is delivered to the Township. Evidence of the renewal of each such policy shall be provided to the Township for a permit to be valid. Such insurance shall cover all manner of liability, including but not limited to collapse, explosion hazards, and underground work by equipment of the street, and shall include protection against liability arising from completed operations.
[1] 
Commercial general liability (includes bodily injury and property damage): limit $1,000,000 per occurrence; $2,000,000 in the aggregate, with the Township listed as additional insured on a primary noncontributory basis; explosion/collapse not excluded.
[2] 
Commercial automobile liability: $1,000,000 combined single limit, with the Township listed as additional insured on a primary noncontributory basis.
[3] 
Workers' compensation limit per statue; employers' liability: $1,000,000, all three parts; waiver of subrogation in favor of the Township from the policyholder.
[4] 
Excess or umbrella liability: $2,000,000; form follows overall coverage shown above and contains no additional exclusions.
(b) 
A public utility company may be relieved of the obligation of submitting such evidence of insurance if it submits satisfactory evidence that said company and the Township and Township representatives are insured or it has adequate provision for self-insurance of itself, the Township and the Township representatives in accordance with the requirements of this article. Evidence of self-insurance shall be acceptable to the Township Solicitor. Public utilities may submit annually such evidence of insurance coverage in lieu of individual submissions for each permit.
B. 
Street occupancy. It shall be the duty and responsibility of any person receiving an issued street right-of-way permit to:
(1) 
Pay all required fees and inspection escrows and provide security as listed in the Township fee schedule and as updated from time to time by resolution of the South Whitehall Township Board of Commissioners.
(2) 
Post the permit and an approved copy of the plan in full view of the public at all times while such work is in progress at the location for which said permit was granted.
C. 
Indemnification. All permittees shall be deemed to have agreed to exonerate, indemnify, protect, defend (through legal counsel of the Township's choice) and save harmless the Township and the Township representatives from any and all claims pertaining to, relating to, resulting from, caused by or arising out of:
(1) 
The design, construction (including but not limited to materials and workmanship) or operation of the improvements within the street, including but not limited to any alleged negligence of the Township or Township representatives, for damages or injuries, including death, to person or properties pertaining to, relating to, resulting from, caused by, arising out of or sustained in connection with the design, construction or operation of the improvements within the street;
(2) 
The failure of the applicant or applicant's agents, contractors, employees, heirs, executors, representatives, successors and assigns to comply with the terms of the permit for construction of the improvements; and/or
(3) 
Defects in materials and/or workmanship or for or on account of any accident or other act, negligent or otherwise, or omission of the applicant or his/her/its agents, servants, consultants, independent contractors or employees.
Whenever the Inspector shall find that a default has occurred in the performance of any term or condition of the permit, including failure to complete the work within the time granted by the permit, written notice thereof shall be given to the permittee. Such notice shall state the work to be done and the period of time deemed by the Inspector to be reasonably necessary for the completion of the work, After receipt of such notice, the permittee must, within the time therein specified, cause the required work to be performed. Failure to complete this work by the specified date will subject the permittee to the default and remedy provisions of this article. In the event that the default has created a condition that the Inspector deems to be a threat to the public health, safety or welfare, including a condition of an emergency nature, no notice must be provided of the default, and the Township shall have the right to exercise all available remedies without first having provided written notice. The Township shall have the absolute right to draw on the permittee' s security for all expenses incurred in curing a default of a permittee, including but not limited to restoring the street (including restoration during a post-completion maintenance period) and all costs and expenses of attorneys and experts retained by the Township.
Street excavation permits will only be granted upon compliance with the following express provisions:
A. 
In the case where the permittee requests to perform the permanent surface restoration, the Township will advise the permittee of the standards and specifications which are to be followed. Township inspectors will be assigned to assure work is in accordance with these regulations and standards. Any application fee for issuance of a permit will not be refundable unless approved by the Director of Public Works or designee.
B. 
The Department will review each application and grant or deny the applicant a permit upon completion of their review.
C. 
No street opening will be performed, except in the case of emergency, when seasonally prohibited or, in the judgment of the Director of Public Works or designee, that conditions are unreasonable for such work.
D. 
The applicant, contractor or public utility company will agree to pay the entire cost and expense incurred in the replacement of the excavation and that the Township will at all times have the right and authority to correct any and all omissions in the conduct of the work and to have the power to take possession of and to do all the work and charge the expense thereof to the permittee. The expense so charged will be deducted and paid by said Township out of such monies as may have been deposited with the Township, and in case such expense will exceed the sum on deposit, then the said permittee will pay the amount of the excess to said Township in full including any additional penalties assessed prior to being granted any further permits to conduct work within the Township.
E. 
The permittee during the progress of the work will provide and maintain such fences, barriers, street closures, danger signs, tights and watchmen as may be necessary to prevent accidents to the public and adjoining tenants. All work will be done in accordance and subject to 67 Pa. Code § 212.419, Special controls in work zones, PA Act 50 (PA One Call Law[1]), and all other conditions, restrictions and regulations prescribed by South Whitehall Township with the same force and effect as if written or printed here and under and subject to special conditions, restrictions, and regulations may be imposed by the Township. The convenience of the public and temporary approaches to and crossings of intersecting streets will be provided for and kept in good condition where practicable. The sidewalks or portions of the street adjoining the work or its vicinity will not be littered or obstructed more than necessary and the drainage gutters and inlets to the stormwater sewers will at all times be kept clean and unobstructed. All necessary best practices for stormwater management shall be followed.
[1]
Editor's Note: See the Underground Utility Line Protection Law, 73 P.S. § 176 et seq.
F. 
Excavation will be by open cut from the surface and no tunneling or drifting will be permitted except by permission and so noted on the permit. The amount of trench opened and also the amount unfilled will at all times be subject to the decision of the inspector. No trench or excavation will be under-cut or have a greater width at the bottom than at the top. In case of slips or slides of the sides of the excavation the same will be trimmed to solid earth and the top surface cut back to the limit of the same before any backfilling is commenced. When necessary or required, the sides of a trench will be sheathed and braced and rendered secure until the construction has been laid therein and the trench refilled. Care will be taken not to move or disturb other subsurface structures and in crossing these or running parallel with or near them, they will be securely hung, braced and supported in place until the work is completed. The applicant will maintain their respective services and will repair all damage done to any of the said structures.
(1) 
In rock excavation, all drilling and blasting will be conducted with the greatest possible care and all possible precautions taken to guard against accidents. The permittee will at all times exercise the utmost care in the use of explosives so as not to endanger life or property and will at all times comply with Title 25, Rules and Regulations, for the storage, handling and use of explosives as set forth by the Pennsylvania Department of Environmental Resources. Blasting delays less than 1/2 second will not be permitted in the Township except when waived by the Township Fire Marshall. The permittee will be required to obtain blasting permits from the Township.
G. 
All work must be in compliance with the South Whitehall Township Standard Construction Documents as adopted.
H. 
In no case will an applicant open or remove a greater area or surface and at no other location than specified in the original application; provided, however, that if at the time of actually doing the work it should be necessary to open or remove a greater area of surface than originally applied for, the applicant will first notify and secure, by telephone or otherwise, the consent of the department to do so, upon the express condition that the said applicant will, before 12:00 noon of the following business day, file a supplementary application for the making of an additional excavation.
I. 
All permits shall at all times be in the possession of a competent person actually on the work site and will be shown at all times to any police officer or properly authorized officer or employee of the Department of Public Works upon demand.
J. 
Requirements to make permanent restoration to street openings shall be in accordance with Township regulations as follows:
(1) 
If two cuts are made less than 100 feet apart, the entire area between the two cuts and including the two cuts shall be milled and overlaid for a width of 1/2 the street width, unless the repair crosses the centerline of the street, then the mill and overlay shall be for the full width of the street.
(2) 
If more than four cuts are made within a five-hundred-foot span in the street, the section must be milled and overlaid for 1/2 the width of the street, unless the repair crosses the centerline of the street, then the mill and overlay shall be for the full width of the street for the entire length of work.
(3) 
Milling and overlay may also be required wherever designated by the Director of Public Works or designee.
(4) 
The time from milling to final paving the street shall not be closed to traffic overnight. Permittee is responsible for traffic control during the street closure period.
(5) 
Permittee is responsible for the final restoration of the street for 18 months from the date of final inspection.
(6) 
Permittee shall inspect all temporary patches on a weekly basis and make necessary repairs until final repair is made.
(7) 
Permittee shall inspect final patches and restorations every three months for a period of 18 month from the date of the final inspection to ensure the original street grades and cross sections are maintained.
K. 
street opening permit will be obtained for any test hole work. No test holes will be made in or upon a greater surface of the street than as specified in such permit, and no excavation or test holes will interfere with any of the water pipes, sewers, drains of the Township or any other underground utility service. Test holes having an area of 4 square inches or less will be filled by the applicant with a grout composed of one part cement and two parts sand and a sufficient quantity of water, filled to the surface of the street, and the surrounding surface of the street will be placed in the same condition as before. Test holes greater than four square inches in area will be backfilled in accordance with the provisions of this article, unless otherwise directed by the Department of Public Works.
L. 
The permittee will guarantee and maintain his work for 18 months from the final inspection of the work. Within this eighteen-month period, upon notification from the Township of necessary correction work required, the permittee will correct or cause to be corrected all restoration work required within five calendar days of receipt of the notification. The Department of Public Works will determine the extent of restoration required and the method of correction. Any and all work not completed within this five-day period may be completed by the Township at the discretion of the Director of Public Works or designee. The Township will invoice the permittee for all costs incurred by the Township in performance of this work. The sums due the Township will be paid within 30 days from the date of sending a statement to the permittee. In the case of public utility companies, payment not made within 30 days of the invoice date will be chargeable against the restoration fee including all fees and costs involved in the collection of this payment.
M. 
Disturbed/removed sidewalk or curbing shall be restored as follows:
(1) 
In the case where the permittee has disturbed or removed existing concrete sidewalk or curbing, the Township will notify the property owner of their responsibility to acquire proper permits and replace sidewalk or curbing area in accordance with current Township standards within 60 days of the completion of work, allowance will be made for restoration requirements by the Director of the Department of Public Works or designee, regarding permits and work completed during the winter months.
(2) 
Public utilities shall be required to replace any disturbed or removed existing concrete sidewalk or curbing within 60 days of the completion of work. Public utilities shall be required to obtain any additional permits deemed necessary by the Department of Public Works prior to proceeding with this work.
N. 
An applicant may seek a waiver from the requirements of § 304-26J by requesting such waiver from the South Whitehall Township Board of Commissioners. In making a decision on the request for a waiver, the Board of Commissioners shall consider the impact of the proposed excavation on the neighborhood, the applicant's need to provide services to a property or area, and the public health, safety, welfare, and convenience. In the event that a waiver request is approved by the Board of Commissioners, applicant shall comply with all other requirements specified in § 304-26.
[Added 5-20-2020 by Ord. No. 1049]
A. 
No permit shall be issued by the Township which would allow an excavation or opening in a paved and improved street surface less than five years old unless the applicant can clearly demonstrate that public health or safety require that the proposed work be permitted, or an emergency condition exists. This section applies to any street that has received a surface treatment within the previous five-year period, including but not limited to top coat paving and chipping and sealing. For new roads dedicated to the Township, the five-year period begins from the point of the Township's formal acceptance of the road following expiration of the applicable maintenance period. The South Whitehall Township Board of Commissioners shall have the right, but in no event any obligation, to grant exceptions to this section for nonemergency situations following receipt of a written request from an applicant outlining the justification for the requested exemption.
B. 
When the Township or the Pennsylvania Department of Transportation proposes to reconstruct or resurface any street, the Department of Public Works will first serve notice of such improvements to all persons owning property abutting the street about to be improved, and to all public utility companies operating in the Township. Within 90 calendar days from receipt of such notice, all notified persons will complete or cause to be completed all necessary repairs and replacements of utility mains, service connections and/or laterals existing under the street and designated curb and sidewalk areas. Failure to comply with this provision will cause the owner to relinquish their option of installing any utility five years with reconstructed, milled and overlaid streets from date of work completion. All repairs, replacements and new installation will be in first class condition so that the same cannot be expected to require repairs or renewal within the period as herein before stated.
C. 
Upon failure of any of the notified person or persons to comply with the notice from the Department of Public Works to place the same in first class condition as hereinbefore provided, the Department of Public Works will cause existing utility mains, service connections and/or laterals to be placed in first class condition as aforesaid, or to be entirely removed if not used or necessary for the public convenience, whereupon the Township will be entitled to collect the cost of such renewals, repairs, caulking, removal or other work from the aforesaid responsible person or persons, either by invoicing the person or persons, or in the case of water or sewer house connections, by filing municipal liens therefore against the abutting properties benefitted by such connections.
D. 
This section will not forbid, however, the installation of new pipes, conduits or other services or structures, or the repair, replacement or removal of those already existing, in or under the portions of such streets improved as aforesaid, by tunneling beneath paving in accordance with the ordinances of the Township and the directions of the Department of Public Works or the Pennsylvania Department of Transportation, upon obtaining a permit therefor from the Department of Public Works upon payment to the Township of the same fees as prescribed by the provisions of this article for making a surface opening in the street of the same dimensions.
If a permit is issued to open any paved and improved street surface less than five years old, an additional payment in the amount of $1,000 shall be made for the opening, except that the payment shall be waived in the event the work is of an emergency nature. This additional payment shall be for the total cost of restoring this opening.
In case of an emergency arising at night, Saturday, Sunday, legal holidays or at such times as the office of the Township is closed and an immediate excavation may be necessary for the protection of the public or private property, or life, the same shall be made upon the express condition that a permit application required by this article be made to the Township with a copy to the Township Department of Public Works on or before 12:00 noon of the next business day.
Each permit granted hereunder constitutes a revocable permission to occupy or to open a Township right-of-way. By accepting a permit, each permittee agrees that if it becomes necessary to construct, reconstruct, maintain, change the grade of or otherwise alter the existing street, curb, sidewalk or access in such a manner that removal or relocation of the utility facilities, curb cut, crossover or access is required, such removal or relocation must be made by the permittee at his own expense.
Any person or permittee doing work in the street right-of-way or Township easement and 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 signals (including television cable, Internet, fiber optic and telephone), sanitary sewerage, water or steam to or from the Township or to or from its inhabitants, or for any other purposes, shall file with the Township prior to final inspection, plans or "as built prints" containing the names of the Township's streets wherein the aforementioned facilities owned by such a person are located. The presented prints shall show the location and depth of any existing facilities.
A. 
Whenever any pipe, conduit, duct, tunnel, or other structure located under the surface of any street, or the use thereof, is abandoned, the person owning, using, controlling or having an interest therein shall, within 30 days after such abandonment, file with the Township a statement in writing giving in detail the location of the structure so abandoned.
B. 
Whenever there are manholes or tunnels associated with abandoned underground facilities, such manholes or tunnels shall be filled in at the time of abandonment and the Township notified thereof in writing.
C. 
When the Township plans to pave or improve streets in which there are abandoned facilities, the owners of such facilities shall be required to remove them if in the opinion of the Township their removal is in the best interest of the Township. If the owner shall refuse to remove such facilities, the Township shall remove the abandoned facilities, and the owner shall reimburse the Township for such removal.
A. 
If the work to be undertaken by the permittee, including private contractors, is such that it will affect the use of properties abutting or adjoining the project, the permittee shall notify the affected property owners and/or tenants of the proposed work to be done. This notice shall be given not less than 48 hours prior to the start of work.
B. 
If the work to be undertaken by a permittee will affect other subsurface installations in the vicinity of the proposed opening or occupancy, the permittee shall notify the owners of such facilities of the proposed work.
C. 
The Inspector shall notify in writing the Township Police and Fire Departments of all street opening permits he grants. Such notification shall state the nature of the work to be done, proposed beginning and completion dates and the location of such projects.
D. 
If the work to be undertaken under Subsection A or B above is to be undertaken by a public utility subject to the jurisdiction of the Pennsylvania Public Utility Commission, the utility must notify the Township no less than 72 hours prior to the start of the work. The Township will endeavor, but will not be required, to post notice on its website of the anticipated start of the work. The Township strongly encourages all public utilities to provide direct notice to the affected property owners, tenants and owners of other subsurface faculties of the proposed work.
Upon notification by the permittee that all work authorized by the permit has been completed, and after restoration of the opening, according to specifications, the Inspector shall determine if additional security shall be required, which security shall be paid and all security and inspection escrow balances, if any, shall be returned two years from the date of completion of the restoration work. In no event shall the permit fee or any portion of the inspection escrow account or security utilized by the Township to perform work or pay for Township expenses be refunded.
A. 
The provisions of this article shall not apply to the setting or resetting of curbstones, laying or relaying of sidewalks or footways, driveway aprons or gutters on or along Township streets where such work is the obligation of a subdivider or developer under the Subdivision and Land Development Regulations of the Township of South Whitehall[1] before Township acceptance of the street, curbing, sidewalk, etc.
[1]
Editor's Note: See Ch. 312, Subdivision and Land Development.
B. 
It shall be the duty of every owner of a parcel of real estate, and they are hereby required, prior to the setting or resetting of curbstones, laying or relaying of sidewalks (which includes driveway aprons for purposes of this § 304-35) or footways or gutters on or along any street in the Township of South Whitehall, to make application to the Township for a survey, which application shall be directed to the Township Engineer requesting him to fix the line and grade for the setting or resetting of curbstones, the laying or relaying of sidewalks or footways or gutters, and to endorse on the back of the request for survey the date when such survey was made, and such endorsement by the Township Engineer shall be sufficient authority for such owner, contractor or laborer to commence and complete along such lot or ground as may be described in such request for survey and in accordance with the regulations, rules and specifications fixed and established by ordinance and resolution, and none other, to set or reset curbstones, lay or relay sidewalks or footways and gutters, for which such request for survey has been granted.
C. 
The Township shall receive for the use of the Township, from every owner of real estate before he issues any request for survey for curbing, sidewalks, footways or gutters, a fee listed in the Township fee schedule as established by the South Whitehall Township Board of Commissioners and as updated from time to time by resolution.
D. 
If any curbing, sidewalks, footways or gutters were constructed after February 12, 1973, and the requirements relating to line and grade set forth in this article are not met, the Commissioners of the Township of South Whitehall shall have the authority to require that the owner of the property or properties whose land the curbing, sidewalks, footway or gutters pass or upon whose land it abuts, remove the curb, sidewalk, footway or gutter and require that said owners shall install a curb, sidewalk, footway or gutter in compliance with this article. If the owner of the lots or real estate shall not within 90 days of the receipt of written notice from the Township Secretary remove and reinstall curb, sidewalk, footway or gutters as requested by the Commissioners, the Commissioners shall have the right to remove and reinstall said curb, sidewalk, footway or gutter and assess the owners of the property or properties through which the said improvement passes or upon whose land it abuts for the cost thereof according to the front foot rule. If the owner or owners shall refuse to pay the assessment within 90 days of the receipt of notice, the Township Solicitor shall collect the same, with interest from 30 days after the completion of the improvement, by action of assumpsit, or by lien to be filed and collected in the same manner as municipal claims.
Any and all street right-of-way permits which shall be issued under this article shall be made conditional upon the permittee performing the work in accordance with the plans approved by the Township and the standards established by the South Whitehall Township Subdivision and Land Development Regulations,[1] and any and all additional regulations relating thereto adopted by the Township and, where applicable, the driveway regulations of the Pennsylvania Department of Transportation.
[1]
Editor's Note: See Ch. 312, Subdivision and Land Development.
Whenever the Inspector shall find that work was not done in a manner serving the best interest of the community and/or the Township, the permittee shall, upon request of the Inspector, bring such work into compliance with standards deemed necessary by the Township.