[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.
[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]
[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.
