[Ord. 10, 1/10/1957, § 1; as amended by Ord. No. 01-2024-667, 1/25/2024]
From and after the passage of this Part 1, it shall be unlawful for any person, firm, association, copartnership or corporation to make any opening or excavation in or under any street, alley or other public thoroughfare within the limits of the Township of Salisbury unless and until a permit therefor is secured from the Township for each such separate undertaking, such permit and the application therefor to be on forms prepared, prescribed and furnished by the Township.
[Ord. 10, 1/10/1957, § 2; as amended by Ord. 11-88-303, 11/22/1988; by Ord. No. 01-2024-667, 1/25/2024]
At the time of making application for the permit for any such opening or excavation, the applicant shall pay to the Township a permit issuance fee, escrow deposit, plus a road degradation fee to be calculated based upon the age of the road surface, as established on the fee schedule[1] attached hereto and incorporated by reference herein, and as may be revised from time to time by resolution or ordinance by the Board of Commissioners, for the use of the Township.
[1]
Editor's Note: See Ch. 1, Pt. 12, Schedule of Fees.
[Ord. 10, 1/10/1957, § 3; as amended by Ord. No. 01-2024-667, 1/25/2024]
The application shall set forth the location and purpose of the proposed excavation, the dates between which the excavation is to be open, the length, width and depth of the trench and the area and type of the roadway surfaces to be removed. The applicant shall agree to protect and defend and indemnify and save harmless the Township and its officers for or on account of any and all injuries or damages to persons or property on public or private property caused by said excavation and/or restoration of same or the materials, equipment or appliances used in such work.
[Ord. 10, 1/10/1957, § 4; as amended by Ord. No. 01-2024-667, 1/25/2024]
Excavations and road restorations shall comply with construction standards set forth in the Salisbury Township Construction Standards Manual ("Township Standards") a copy of which is attached hereto and incorporated herein by reference.[1]
[1]
Editor's Note: Said standards are included as an attachment to this chapter.
[Ord. 10, 1/10/1957, § 5; as amended by Ord. 11-88-303, 11/22/1988; by Ord. No. 01-2024-667, 1/25/2024]
1. 
The applicant is responsible for restoration of the permanent road surface.
2. 
At the time the application is made for a permit, the applicant shall pay to the Township a road degradation fee at the established rates based on the age of the road surface and number of square feet of the proposed opening.
3. 
Should the area of any opening made exceed the area set forth in the application for the permit, the cost of restoring the permanent road surface of the excess area shall be calculated at the rates herein provided and shall be paid by the applicant within 30 days of the restoration of said surface.
[Ord. 10, 1/10/1957, § 6; as amended by Ord. No. 01-2024-667, 1/25/2024]
Failure to secure a permit or conviction under the provision of § 21-109 of this Part 1 shall not excuse any person, firm, association, copartnership, or corporation from restoring the permanent road surface to any area opened contrary to the provisions of this Part 1.
[Ord. 10, 1/10/1957, § 7; as amended by Ord. No. 01-2024-667, 1/25/2024]
In case of an emergency where an immediate excavation may be necessary for the protection of public or private property, the same may be made without application for a permit; provided, however, that an application in the regular manner must be made for such excavation within 48 hours thereafter.
[Ord. 10, 1/10/1957, § 8; as amended by Ord. No. 01-2024-667, 1/25/2024]
The applicant shall at all times provide for the safety of the public by guard rails where necessary, and by the use of red signs in the daytime and red lights at night.
[Ord. 10, 1/10/1957, § 9; as amended by Ord. 11-88-303, 11/22/1988; by Ord. No. 01-2024-667, 1/25/2024]
Any person, firm, association, copartnership or corporation violating any provision of this Part 1 shall, upon conviction thereof before a District Justice of Salisbury Township, be subject to a fine of not less than $300 and not more than $1,000 and in default of the payment of the fine or costs of such prosecution, shall be imprisoned for a period not exceeding 90 days. Each day a violation occurs shall constitute a separate and distinct violation of this Part.