[HISTORY: Adopted by the Board of Supervisors of the Township of Cecil as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building permits — See Ch. 70.
Construction codes — See Ch. 91.
Grading — See Ch. 124.
Subdivision and land development — See Ch. 210.
[Adopted 12-21-1994 by Ord. No. 14-94]
A. 
The following words, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
EXCAVATION
Any activity within the right-of-way of any street, alley or cartway which involves boring, jacking, tunneling, cutting, breaking or disturbing the surface thereof. In this article, the term "opening" shall have essentially the same meaning as "excavation."
PERSON
Any natural person, partnership, firm, association, corporation or municipal authority.
STREET
Any Township street, avenue, road, right-of-way, alley or highway located in the Township of Cecil and established for the use of vehicles, but shall not include state highways or private roads. For the purpose of this article, subdivisions now being approved shall be included herein.
UTILITY COMPANY
Any private or public utility serving Cecil Township, whether water, gas, electric, telephone, cable TV, etc., shall be classified as a utility company.
B. 
In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to open or to make any excavation of any kind in any of the streets in the Township of Cecil, and no driveway or entranceway shall be laid upon or connected to any Township road or portion thereof without first securing a permit therefor, as hereinafter provided.
A. 
Any person who shall desire to make any opening or excavation in any of the streets in the Township of Cecil shall make application to the Township Secretary or designated official in writing for that purpose. Such application shall be made upon blanks to be furnished by the Township of Cecil and shall set forth the name of the applicant, the exact location of the proposed opening or 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 Cecil and the laws of the commonwealth in relation thereto, and that the applicant shall well and truly save, defend and keep harmless the Township of Cecil 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 manner, cause or thing relating thereto.
(1) 
The application for a permit shall be on a form prescribed by the Township of Cecil and submitted to the Township of Cecil in triplicate. The application fee shall be in accordance with the schedule of fees set for by the Department of Transportation for highway occupancy permits and restoration charges. In addition, the applicant shall submit three copies of a sketch showing such dimensions as the location of the intended facility, width of the traveled roadway, right-of-way lines and a dimension to the nearest intersecting street.
(2) 
A permit shall be issued to the applicant after all the aforementioned requirements have been filed.
(3) 
The applicant shall notify the Township of Cecil at least 24 hours in advance of any excavations.
B. 
If the opening or cut is greater than 100 feet in length, the Township of Cecil reserves the right to have a full- or part-time inspector present, with the cost being borne by the applicant. Inspection costs are to be determined at an hourly rate at the time of permit issuance. Streets may be crossed by trenching only when the Township Secretary and/or Township Engineer is satisfied that unusual circumstances exist which, by their nature, require such method.
No permit shall be issued until the applicant shall have first furnished the Township of Cecil with cash security for the proper restoration of the work authorized by such permit in the amount of not less than $200, specific amount to be determined by the Township Engineer. In lieu of providing security with each application, an applicant may post with the Township of Cecil a two-thousand-five-hundred-dollar cash bond, the validity of such security shall be demonstrated annually at the beginning of each calendar year. In cases of anticipated projects of unusual magnitude, the Township of Cecil may require security in excess of $2,500 as a condition of permit issuance. Bonding and permit fees for franchised organizations shall be governed by their franchise agreement, but are subject to all other requirements of this article.
Permits shall be issued only to persons furnishing public utility services or the owner or owners of the real property adjoining the location where such opening or excavation is to be made.
Any permit issued hereunder shall specify the exact location where the opening or excavation is to be made, the approximate permitted size or depth thereof, and the time within which the work for which the permit is granted is to be completed.
A permit may be issued to the applicant after all the requirements therefor have been filled. If the application is disapproved, written notice of disapproval together with reasons therefor shall be given to the applicant.
The work authorized by the permit is subject to all the provisions of the Act of December 10, 1974, P.L. 852, No. 287, § 1 et seq., as amended or supplemented from time to time.[1] It shall be the permittee's responsibility to contact the utilities that have recorded their facilities in compliance with said Act. A partial list of utilities providing services in the Township of Cecil and their office addresses may be obtained from the County Recorder of Deeds.
[1]
Editor's Note: See now 73 P.S. § 176.
Any person who shall open or excavate any street in the Township of Cecil shall thoroughly and completely refill the opening or excavation in such a manner as to prevent any settling thereafter and shall restore the surface to the same condition as it was before the opening or excavation, and such restoration shall be in accordance with the specifications of the Township of Cecil for restoration of surfaces of streets in the Township of Cecil; as restored, the surface shall conform to the proper grade and be of the same surface covering as the part of the thoroughfare immediately adjoining the opening. 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 of Cecil for the cost of all necessary repairs to the permanent paving.
All other work in connection with openings in any street, including excavation, protection, refilling and temporary paving, shall be done by or for the person to whom or which the permit has been issued at his or its expense, and all such work shall be subject to the provisions of this article and approval of the designated official, provided that the designated official may, if he deems it necessary to the proper performance of the work, require that cutting of the surface of streets and the backfilling of all excavations therein shall be done by the Township of Cecil; in which event the applicant shall pay the actual cost of the work performed by the Township of Cecil.
A. 
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.
B. 
No more than 500 feet longitudinally shall be opened in any street at any one time.
C. 
The work of excavation shall be so conducted as not to interfere with the water mains, sewers or their connections with the houses, or any other subsurface lines or constructions, until permission of the proper authorities in connection with such subsurface lines or constructions shall have been obtained.
D. 
No tunneling shall be allowed without the express approval of the designated official and permission therefor endorsed upon the permit. The backfilling of a tunnel excavation shall be made only in the presence of the designated official or an inspector designated by him and shall be done only in a method approved by him.
E. 
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 10 inches of the surface.
F. 
A temporary paving of cold-patch premix, thoroughly bound and compacted, shall be installed flush with the surface of the adjoining paving and maintained for a period of 90 days.
G. 
On concrete base streets, such base shall be replaced with concrete, and the minimum size of the opening or excavation shall be 16 square feet.
H. 
During the making of any excavation in the street, every necessary and reasonable precaution shall be taken by the applicant and the parties making the same to keep the street in a safe and passable condition both day and night by guards, barriers, lanterns, traffic control and other devices, and all excavating permits granted hereunder are granted under and subject to the express condition that the person to whom the same is issued shall indemnify, save and keep harmless the Township of Cecil 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.
I. 
The applicant shall notify the designated official when the opening or excavation is ready for backfilling before any backfilling is done; when backfilling work is completed; when temporary paving has been installed; and when the street has been permanently restored so that inspections may be made.
J. 
In the event that any work performed by or for a permit holder shall, in the opinion of the designated official, be unsatisfactory and the same shall not be corrected in accordance with his instructions within the time fixed by him, or in the event that the work for which the permit was granted is not completed within the time fixed by the designated official, the Township of Cecil may proceed to correct such unsatisfactory work or complete any such work not completed and charge the cost thereof plus 20% to the applicant.
In the case of any leak, explosion or other accident in any subsurface pipe, line, construction or apparatus, it shall be lawful for the person owning or responsible for such pipe, line, construction or apparatus to commence 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. 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.
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 of Cecil may prescribe.
If at any time in the future the roadway is widened, reconstructed or the alignment or grades are 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 its own cost and expense.
No new water, sewer, steam or gas main or electric, telephone or other utility line shall hereafter by laid or constructed, and no such existing main or line shall be extended, in any of the streets of the Township of Cecil 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 him. The Township Secretary shall not approve the locating of any such main or 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.
A. 
Notice of proposed improvement. When the municipality shall overlay, improve or pave any street, the Township Secretary first shall give notice to all persons owning property abutting on the street about to be paved or improved and to all public utility companies and authorities that they shall make all connections as well as any repairs thereto which would necessitate excavation of the street within 30 days from the giving of such notice. The time shall be extended if permission is requested, in writing, and approved by the Township Secretary after consultation with the Township Engineer.
B. 
Restrictions upon opening newly improved street. No permit shall be issued by the Township Secretary which would allow an excavation or opening in a paved and improved street surface less than five years old unless the applicant can demonstrate clearly the public health or safety requires that the proposed work be permitted or unless an emergency condition exists.
C. 
Penalty for opening newly improved street. If by special action of the Township Secretary a permit is issued to open any paved and improved street surface less than five years old, a penalty charge shall be made for the opening, except that the penalty shall be waived in the event that the work is of an emergency nature. The penalty charge shall be on a sliding scale and shall be equal to 2% of the cost of restoring the opening for each unelapsed month or fraction thereof of the five-year restricted period. Said penalty may be waived by action of the Cecil Township Board of Supervisors. The street opening repairs shall be in accordance with the Township standards.
A. 
Every utility company 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 of Cecil or to or from premises of its inhabitants or for any other purpose shall file with the Township Secretary within 120 days after the adoption of this article a written statement containing the names of the Township of Cecil's streets wherein the aforementioned facilities owned by such person are located.
B. 
Within 90 days after the first day of January of each and every year, such person shall notify, in writing, the Township Secretary of the changes necessary to maintain the street list required under Subsection A above.
Any person, firm or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 12-29-2014 by Ord. No. 2-2014]
Any persons or entities, including any owners, occupants, tenants or persons acting under the direction of or under the authorization of such persons or entities, are prohibited from depositing, discharging or causing to be deposited any snow, ice, slush, water, refuse, grass, dirt, mud, trees or parts of trees, or any other debris, or combination thereof, (obtained from any place) on any public road, street, highway or alley in the Township.
Any persons or entities, including any owners, occupants, tenants or persons acting under the direction of or under the authorization of such persons or entities, who deposit or cause to be deposited or discharged any snow, ice, slush, water, refuse, grass, dirt, mud, trees or parts of trees, or any other debris, or combination thereof, on any public road, street, highway or alley in the Township shall be guilty of the commission of a summary offense and shall, upon conviction for every such offense, pay a fine of not less than $50 nor more than $1,000 including costs.
Nothing contained in this article shall limit the Supervisors of the Township of Cecil from taking any other action at law and/or in equity and/or under the statutory law which may be necessary in order to abate any obstruction or nuisance, after having given reasonable notice to the person or entity causing the existence of such obstruction relative to the necessity as to removal of same.
This article is adopted in conjunction with and as a supplement to Section 2326 of the Second Class Township Code (53 P.S. § 67326) and shall take effect five days after passage.