[Ord. 295, 10/1/1979; as amended by Ord. 490, 2/4/2014, § 1; and by Ord. 497, 12/1/2014, § 1]
1. 
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:
EMERGENCY
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.
EXCAVATION
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.
PERSON
Any natural person, partnership, association, municipal authority, firm, or corporation.
STREET
Any public street, avenue, boulevard, road, alley, or highway, state highways, located in the Township and established for the use of vehicles.
SIDEWALK
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.
3. 
Upon the expiration of a permit issued under this Part, the permittee must reapply for a permit as set forth in Subsection 1 of this Part.
[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; Ord. 454, 9/2/2008; Ord. 497, 12/1/2014, § 10; Ord. No. 543, 4/7/2025]
Any person, firm, corporation, organization, equitable interest, or other entity who or which shall be in violation of any provisions of this Part or who shall fail, neglect, or refuse to perform any duty imposed upon them hereby shall be guilty of an offense, and for each and every such offense, upon conviction thereof, will be sentenced to pay a fine of not less than $200 and not to exceed $1,000 and/or to undergo imprisonment for a term not exceeding 90 days. Each day that a violation continues beyond the date fixed for compliance shall constitute a separate offense. In any enforcement action brought under this section, the guilty party shall in addition to any fines pay the costs of prosecution, including reasonable attorney's fees incurred by the Township of West Lebanon.