[Ord. 6/3/85, 6/3/1985]
The following words, terms and phrases shall have the meanings
given herein. When not inconsistent with the context, words used in
the singular include the plural, and words in the plural include the
singular, and words used in the present tense include the future.
The word "shall" is always mandatory.
Any break or opening in the surface or subsurface or any
public place in any manner whatsoever.
Any pipe, sewer, drain, conduit, tunnel, manhole, duct, vault,
buried wire, cable, meter, gauge, valve, regulator, junction box,
transformer, tower, wire, pole, anchor, phone booth, curb, curb and
gutter, sidewalk, driveway or any other object, structure or material
of any kind, whether mentioned herein or not, which may be lawfully
constructed, left, placed or maintained in, across, under, over, upon
or along any public place.
Any person or persons, corporation, partnership, individual,
association, company or any organization.
Any Township street, road, highway, avenue, lane, place,
way, alley, footpath, sidewalk, park or any public property owned
or controlled by the Township.
Any Township or state street, road, highway, avenue, lane,
place, way, alley, footpath, sidewalk, park or any public property
owned or controlled by the Township.
The Township of North Lebanon, Lebanon County, Pennsylvania.
[Ord. 6/3/85, 6/3/1985]
It shall be unlawful for any person to make, cause or permit
to be made or caused, any excavation or opening in or under the surface
of the ground or paved areas, within the boundaries of any public
place, for any purpose without first obtaining from the Township a
permit therefore before such work is begun, and complying with such
other requirements herein specified.
[Ord. 6/3/85, 6/3/1985]
Before such permit is issued, a written application on a form
to be furnished for that purpose by the Township must be filed with
the Township Clerk. The written application shall state the name,
address and principal place of business of the applicant, setting
forth the purpose for which the said public place is to be excavated,
the location and dimension of said excavation and the purpose of any
installations. The applicant shall agree to assume all liability for
all or any damage to person or property accruing to the public, or
to the said Township which may be or might result from the opening,
excavating or occupying of said public place.
[Ord. 6/3/85, 6/3/1985]
At the time of the filing of the application, the applicant
shall provide to the Township proof of general liability insurance
to protect the applicant, the party performing the work and the Township
in accordance with the limits of insurance as adopted by resolution
of the Township Supervisors. The applicant and/or the party performing
the work shall also provide the Township with proof of workmen's compensation
insurance, special hazard insurance, property damage insurance, automobile
insurance, truck insurance and blasting damage insurance in all cases
where the Township deems the insurance coverage necessary.
[Ord. 6/3/85, 6/3/1985]
At the time of filing of the application for permit, the applicant
shall pay to the Township the amount of the permit fee as established
by resolution of the Township Supervisors. In any case where the Township
requires the Township Engineer to become involved in the review of
plans for the work or inspection of the work, the applicant shall
pay to the Township the cost of the engineering services.
[Ord. 6/3/85, 6/3/1985]
All excavation work and restoration work shall comply with the
requirements as provided in any Township ordinance, resolution or
regulation as established by the Township Supervisors.
[Ord. 6/3/85, 6/3/1985]
The permittee shall determine the existence and location of
existing facilities and avoid conflict with them. No facility owned
by the Township shall be moved to accommodate the permittee, unless
permission is granted by the Township and the cost be borne by the
permittee. The permittee shall support by the latest approved methods
all facilities affected by the excavation work, and do everything
necessary to support, sustain and protect them, under, over, along
or across the work. In case any existing facility is damaged, it shall
be repaired at the expense of the permittee. The permittee shall also
be responsible for any damage resulting to any public or private property
by reason of the damage to any existing facility caused by permittee
or any person employed by permittee.
[Ord. 6/3/1985, 6/3/1985; as amended by Ord. 2-1995, 12/18/1995,
§ V]
It shall be unlawful for any person, firm or corporation to
dig, excavate or construct in, on or under any newly paved street,
highway, road or alley for a period of five years following the date
of completing the paving or repaving of a said surface. Whenever any
person, firm or corporation desires to dig, excavate or construct
in, on or under any street, highway, road or alley of the Township,
he shall first make application to the Township for a permit. If the
Township approves of the issuance of the permit, the Township shall
provide such specifications as are deemed necessary for the protection
of the integrity of the Township street, highway, road or alley, which
may include specifications for a complete overlay of the area affected
by the excavation. This requirement shall also specifically apply
to any person, firm or corporation that receives permission from the
Township to dig, open or excavate in or under any street, highway,
road or alley of the Township for emergency purposes.
[Ord. 6/3/85, 6/3/1985]
In case of any emergency, the Township may grant permission
to dig, open or excavate in or under any street, highway, road or
alley within the period of five years upon application therefor accompanied
by a fee established by resolution of Township, and payable to the
Township, which fee shall be in addition to any charge now made for
a permit to dig, excavate or open a street.
[Ord. 6/3/85, 6/3/1985; as amended by Ord. 6-1989, 12/18/1989,
§ X; and by Ord. 2-2009, 5/18/2009, § IX]
1.
Public utility companies desiring to open a street shall obtain an
unexecuted bond of indemnity from the Township. The bond of indemnity
shall be properly executed and filed with the Township. Such bond
shall be in the amount of $50,000 and shall cover street opening work
performed in one calendar year and shall be for the same amount each
year thereafter, unless otherwise required to be adjusted by the Township.
Any approved bond amount adjustment shall also be applied to the bond
for the calendar year immediately following the year in which the
adjustment was made. A bond of indemnity shall be furnished separately
for each calendar year and each shall be in effect for 24 months.
2.
All other persons including contractors performing work and desiring
to open a street shall furnish a properly executed corporate surety
bond or letter of credit. Such bond shall be executed by a reputable
surety company licensed to do business in the Commonwealth of Pennsylvania.
3.
Such bond or letter of credit shall cover street opening work performed
during one calendar year. The bond or letter of credit shall be in
effect for twenty-four-month period. The amount of the surety bond
or letter of credit shall be $7,500 unless any street excavation and
restoration work for a single project exceeds such amount equal to
the difference between the $7,500 and the dollar amount computed in
accordance with the following schedule:
|
Pavement Structure
|
Amount of Bond Per Square Yard
| |
|---|---|---|
|
Concrete foundation with asphalt surface
|
$30
| |
|
Cement concrete surface streets
|
$30
| |
|
Bituminous concrete surface with bituminous or stone base
|
$30
| |
|
Macadam
|
$12
|
[Ord. 6/3/85, 6/3/1989; as amended by Ord. 6-1989, 12/18/1989,
§ X; and by Ord. 1-1997, 1/20/1997, § V]
Any person who violates or permits the violation of the Code
of Ordinances of North Lebanon Township as specified herein, including
any amendments to this Part, unless the section of the Code of Ordinances
specifically provides for penalty, fine or enforcement, shall, upon
being found liable therefore in a civil enforcement proceeding commenced
by North Lebanon Township in a determination made by the applicable
district magistrate, pay a fine of not less than $100 nor more than
$600 to the Township, plus all court costs, including reasonable attorney's
fees, incurred by North Lebanon Township. A separate offense shall
arise for each day or portion thereof in which the violation is found
to exist. If the violator fails to pay the amount of the judgment
after the time for appealing the final judgment has expired, North
Lebanon Township may enforce the judgment pursuant to the applicable
Rules of Civil Procedure.
