[Ord. 295, 10/1/1979; as amended by Ord. 490, 2/4/2014, § 1;
and by Ord. 497, 12/1/2014, § 1]
1.
EMERGENCY
EXCAVATION
PERSON
STREET
SIDEWALK
The following words, when used in this Part, shall have the meanings
hereby respectively ascribed thereto, except in those instances where
the context clearly indicates otherwise:
A sudden or unforeseen occurrence involving a clear and immediate
danger to life, property and the environment, including, but not limited
to, serious breaks or defects in a facility owner's lines.
The use of powered equipment or explosives in the movement
of earth, rock or other material, and includes, but is not limited
to, anchoring, augering, backfilling, blasting, boring, digging, ditching,
drilling, driving-in, grading, plowing-in, pulling-in, ripping, scraping,
trenching and tunneling, but does not include soft excavation technology
such as vacuum, high pressure air or water, the Township performing
minor routine maintenance, in addition to the performance of incidental
de minimis excavation associated with the routine maintenance and
the removal of sediment buildup, within the right-of-way of public
roads or employees of the Township performing within the scope of
their employment work up to depth of 24 inches beneath the existing
surface within the right-of-way of the Township.
Any natural person, partnership, association, municipal authority,
firm, or corporation.
Any public street, avenue, boulevard, road, alley, or highway,
state highways, located in the Township and established for the use
of vehicles.
That portion of a street or highway or other public right-of-way
which is reserved exclusively for pedestrian travel and is normally
protected by a minimum average four-inch high, nonmountable curb,
or is not immediately adjacent to the roadway. A sidewalk, for the
purpose of this definition, should have a minimum width of two feet,
a gravel, brick, or paved (either in block macadam, or poured concrete)
surface; and be available for use during normal weather conditions.
2.
The singular shall include the plural, the plural shall include the
singular, and the masculine shall include the feminine and the neuter.
[Ord. 295, 10/1/1979; as amended by Ord. 497, 12/1/2014,
§ 2]
It shall be unlawful for any person to make any opening or excavation
of any kind in any street in the Township without first having obtained
from the Township a permit therefor, as hereinafter provided.
[Ord. 295, 10/1/1979; as amended by Ord. 454, 9/2/2008; and
by Ord. 497, 12/1/2014, § 3]
1.
No permit shall be granted under this Part until the person desiring
the same shall have made application therefor, and shall have paid
a permit fee in an amount as established from time to time by resolution
of the Board of Commissioners. Such application shall comprise an
agreement by the applicant that he shall adhere to all the terms of
this Part, and that any failure to do so shall constitute a violation
of this Part.
2.
A permit issued under this Part shall only be valid for 90 days from
the date of its issuance.
[Ord. 295, 10/1/1979]
No permit shall be granted until the applicant therefor shall
have filed a surety bond in the amount prescribed by the Township,
based upon the extent of the work and the character of the street
and street surface disturbed by the opening or excavation. Such bond
shall guarantee that the permit holder shall be responsible for maintaining
the portion of the street disturbed by such opening or excavation,
and the restored surface thereof for a period of 12 months after the
completion of the resurfacing thereof.
[Ord. 295, 10/1/1979; as amended by Ord. 497, 12/1/2014,
§ 5]
No permit shall be granted until the applicant therefor shall
have shown that he carries public liability insurance in an amount
and with a company deemed satisfactory to the Township.
[Ord. 295, 10/1/1979; as amended by Ord. 497, 12/1/2014,
§ 6]
1.
It shall be the duty of the permit holder:
A.
To confine such opening or excavation to the portion of the street,
and to the dimensions generally indicated on the permit.
B.
To commence such work of opening or excavation on the date indicated
on such permit, or as soon as practicable thereafter, and to complete
such work, along with the refilling of the excavation, and the restoration
of the street surface on or before the date of expiration of such
permit.
C.
To notify the Township before such opening or excavation is to be
refilled, and thereupon to complete such work of refilling and resurfacing
to the satisfaction of the Township and in strict conformity with
the requirements of this Part.
D.
While such work is underway, and at all times prior to the completion
of the resurfacing of the street, to keep in place sufficient barricades,
warning signs and warning lights or flares to guard the opening or
excavation and to warn the traveling public of its location; such
warning lights or flares to be lighted and in operation at all times
between sunset and sunrise and at all other times when visibility
is such as to make their use necessary.
E.
To refill the opening or excavation and to resurface the portion
of the street disturbed thereby in the manner set forth in the agreement
forming part of the application, such requirements being based upon
the material of the disturbed surface, the character of the subsoil
and subsurface, and the type and kinds of subsurface installations
in and in the vicinity of the opening or excavation.
[Ord. 295, 10/1/1979; as added by Ord. 454, 9/2/2008]
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 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. 295, 10/1/1979; as added by Ord. 454, 9/2/2008]
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 in an amount established by resolution of the 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. 295, 10/1/1979; as added by Ord. 497, 12/1/2014, § 9]
1.
Excavation on any street located within the municipal boundaries
of the Township shall only occur from April 1 to November 15 of each
calendar year. It shall be a violation of this provision to excavate
any street located within the Township from November 16 to March 31
of the calendar year.
2.
Excavation of a street located within the municipal boundaries of
the Township may occur from November 16 to March 31 of the calendar
year if an emergency exists.
[Ord. 295, 10/1/1979; as amended by Ord. 454, 9/2/2008; and
by Ord. 497, 12/1/2014, § 10]
Any person who shall violate any provision of this Part or who
shall fail, neglect, or refuse to perform any duty imposed upon him
thereby shall be guilty of an offense, and, for each and every such
offense, upon conviction thereof, 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 30 days. Each
day that a violation of this Part continues shall constitute a separate
offense.
