[Adopted 12-13-1954 by Ord. No. 85 (Ch. 21, Part 2, of the 1987 Code of Ordinances)]
A. 
The following words when used in this article shall have the meaning ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
APPLICANT
A person requesting a permit under this article.
BOARD
The Board of Township Commissioners of the Township of Upper Chichester, Delaware County, Pennsylvania.
HIGHWAY
Any public street, avenue, road, square, alley, highway, or other public place located in the Township of Upper Chichester.
PERSON
Any natural person, partnership, firm, association or corporation.
B. 
As herein used the singular shall include the plural and the masculine shall include the feminine and neuter.
It shall be unlawful for any person to open or to make any excavation of any kind in any highway of the Township of Upper Chichester without first having secured a permit so to do as hereinafter provided.
[Amended 12-11-2014 by Ord. No. 694]
Any person desiring to make any opening or excavation in any highway in the Township of Upper Chichester shall make an application to the Township Manager and Township Engineer and/or their written designee in writing prior to the commencement of any work. The application shall be made upon forms to be furnished by the Board and shall set forth:
A. 
The name of the applicant.
B. 
The exact location of the proposed opening or excavation.
C. 
The approximate size and depth thereof.
D. 
Shall contain an agreement on the part of the applicant to do the work in full compliance with the ordinances and rules and regulations of the Township of Upper Chichester and the laws of the commonwealth in relation thereto, now in force or hereafter to be adopted or promulgated.
E. 
That the applicant shall well and truly save, defend and keep harmless the Township of Upper Chichester, its servants, agents and employees from, and indemnify it and them against any and all actions, suits, demands, payments, costs, and charges for or by reason of injuries or damages suffered or claimed to have been suffered by reason of the opening or excavation or from any other matter, cause or thing relating thereto.
[Amended 2-8-1979 by Ord. No. 383; 11-17-1987 by Ord. No. 456]
The application shall be accompanied by a fee, for the use of the Township, in an amount as established by resolution of the Board of Commissioners, plus additional charges for each square yard of restoration material. If the street opening extends beyond one street, there will be an additional charge for each street opened.
A. 
The applicant shall file with the application a bond conditioned to save harmless the Township of Upper Chichester, Delaware County, Pennsylvania, its servants, agents and employees from any and all damages and claims for damages to all persons accruing or alleged to accrue by reason of the work. The bond shall be approved by the Township Solicitor.
[Amended 6-13-1955 by Ord. No. 92]
B. 
Additionally, the applicant shall supply Upper Chichester Township with a performance/maintenance bond, with the premium fully paid, in the amount of 15% of the total project cost, to the benefit of Upper Chichester Township, to be held and valid for 18 months from the date of the final acceptance of the completion of the said project.
[Added 12-11-2014 by Ord. No. 694]
[Amended 12-11-2014 by Ord. No. 694]
The applicant must maintain during the life of the excavation public liability insurance (providing comprehensive liability and personal injury coverage), evidenced by a certificate of an insurance company or companies authorized to do business in Pennsylvania, to protect the applicant, contractor, subcontractors and the Township from injury or damage caused directly or indirectly by the applicant, contractor, subcontractors or their employees in a minimum of the limits and types established by the Township from time to time by resolution, said insurance to be in form and substance satisfactory to and approved by the Township Solicitor.
[Amended 6-13-1955 by Ord. No. 92; 5-20-1959 by Ord. No. 160]
A. 
Excavations shall at all times be protected. Any person who shall open any highway shall thoroughly and completely refill the excavation, puddling or ramming with a mechanical rammer at each four inches of replacement of material so as to prevent any settling thereafter; and shall restore with the same type of surface as that disturbed and any question arising as to specifications for the mixture, type of depth of replacement material shall be decided by the Township Engineer, unless expressly regulated herein, and his decision shall be final and binding. These requirements are minimum and in all cases the restoration shall be made to comply with the specifications of the Pennsylvania Department of Transportation now in force or hereafter to be adopted where the same shall be more strict than herein designated.
B. 
All of the work of restoration shall be done by the applicant at the applicant's expense and shall be subject to the supervision of the Township Manager and the approval of the Township Engineer.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
No opening or excavation in any highway shall extend from the curbline of the highway a distance greater than one foot beyond the center line of the highway before being backfilled and surfaced and restored to a condition safe and convenient for travel.
D. 
The work of excavation shall be so conducted as not to interfere with water mains, sewers or their connections with laterals or any subsurface lines or constructions until permission of the proper authorities in connection with such subsurface line or construction shall have been previously obtained.
E. 
No tunneling shall be done without the express approval of the Township Manager and his approval shall be endorsed upon the permit. The backfilling of a tunnel excavation shall be made only in the presence of the Township Manager, or of any inspector designated by him and shall be done only by a method approved by him.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
During the making and while any excavation is open in any highway every necessary and reasonable precaution shall be taken by the applicant to keep the highway in a safe and passable condition both day and night by guards, barriers, lanterns and other devices and all excavation permits and highway opening permits are granted under and subject to the express condition that the person to whom the same is issued shall comply fully with this article.
In the event of any leak, explosion or other emergency 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 an 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 article are fully complied with.
[Amended 6-13-1955 by Ord. No. 92]
The Township Secretary shall give notice to all persons owning property abutting on any highway within the Township which is about to be paved or improved and to all public utility companies operating in the Township of the contemplated improvement and all such persons and utility companies shall make all water, gas, sewer or electric connections as well as any repairs thereto necessitating highway openings, within 30 days from the giving of such notice. Thereafter, new paving shall not be opened for a period of five years after the completion thereof, except in case of emergency, the cause of which emergency could not have been foreseen, or by vote of majority of Township Commissioners.
[Amended 12-11-2014 by Ord. No. 694]
No new water, oil, gas main or electric line, telephone or telegraph line shall be laid or constructed in any highway and no existing water, oil or gas main or electric line, telephone or telegraph line shall be extended in any highway of the Township until the exact location thereof and plan therefor shall have first been approved by the Township Manager and Township Engineer and/or their written designee.
[Amended 11-17-1987 by Ord. No. 456; 12-8-1988 by Ord. No. 465[1]]
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 $1,000, together with the costs of prosecution, and, in default of payment of such fine and costs, 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).