[Ord. 114, 1/21/1991, § 105]
1. 
The following words when used in this Part shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise.
PERSON
Any natural person, partnership, firm, association, or corporation.
ROAD
Any public street, avenue, road, square, alley, or highway legally dedicated to the Township of Wrightstown as a Township road or street.
2. 
In this Part, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
[Ord. 114, 1/21/1991, § 105; as amended by Ord. 266, 9/17/2007]
1. 
Pursuant to § 2322 of the Second Class Township Code, as amended, 53 P.S. § 67322 no railroad or street railway shall be constructed upon any Township road, nor shall any railroad or street railway crossings, nor any gas pipe, water pipe, electric conduits, or other piping, including, but not limited to, culverts, drains, sewers, or storm sewers be laid upon or in, nor shall any telephone, telegraph, or electric light or power poles, or any other obstructions be erected upon or in, any portion of a Township road except in accordance with the Township regulations relating to the installation and maintenance thereof, as may be prescribed in permits granted by the Township for such purpose set forth.
2. 
It shall be unlawful for any person to open or make any excavation of any kind or to begin to make any opening or any excavation of any kind or to install or build or begin to install or build any driveway, road, alley, or access route of any other nature whatsoever, from land adjacent to any Township road, in, upon, over or under any Township road in the Township of Wrightstown within the legal right of way thereof, as may be prescribed in permits granted by the Township for such purpose set forth.
[Ord. 114, 1/21/1991, § 105]
Any person who shall desire to commence or perform any work described in § 21-102 hereof, shall make application to the Township Code Enforcement Officer in writing for such purpose or purposes. Such application shall be made upon blanks to be furnished by the Township of Wrightstown, and shall set forth the name of the applicant, the exact location of the proposed opening or excavation, and the approximate size or depth thereof, and shall contain an agreement on the part of the applicant that the work shall be done in full compliance with the ordinances of the Township of Wrightstown and the laws of Commonwealth of Pennsylvania in relation thereto and that the applicant shall well and truly save, defend and keep harmless the Township from, and indemnify it, against any and all actions, suits, demands, payments, costs, and charges for or by reason of the proposed opening, excavation, or construction, and all damages to persons or property resulting in any manner therefrom or occurring in the prosecution of the work connected therewith or from any other matter, cause or thing relating thereto.
[Ord. 114, 1/21/1991, § 105]
Before any permit shall be issued to open, excavate or build upon any street in the Township, the applicant shall pay to the Township Secretary a permit fee and appropriate escrow fee in accordance with the then established Township fee schedule which may be amended from time to time by resolution. When application shall be made to open or excavate any longitudinal opening or excavation within the legal right-of-way of any Township road in excess of 20 feet, in addition to the minimum fee, an escrow amount provided in the Township fee schedule shall be retained as guarantee of workmanship for up to two years such fee and escrow to be amended from time to time by resolution. Due to the scope of certain road opening projects, the Township Engineer may require additional escrow fees above the minimum limits set by the Township to guarantee completion of any opening.
[Ord. 114, 1/21/1991, § 105]
All work in connection with openings in any street or the construction of any driveways or access ways, including excavation protection, refilling, and temporary paving shall be done by the applicant at his expense, all such work shall be subject to the provisions of this Part. Design specifications shall be in accordance with the Wrightstown Subdivision Ordinance [Chapter 22] and subject to the supervision and approval of the Township Engineer on request of the Road Master. The Township Engineer may require that cutting of the surface of improved streets and the back-filling of all excavations be done by the Township, the cost to be paid by the applicant on the basis of actual cost of the work.
[Ord. 114, 1/21/1991, § 105]
1. 
The following conditions shall apply:
A. 
No opening, excavation or construction in any road shall extend from the curb line or traveled portion of the right-of-way into the road past the center line, before being restored to a condition safe and convenient for travel.
B. 
No more than 100 feet longitudinally shall be opened in any street at any one time, except in the case of the installation of gas or water lines by public or private bodies, or of sanitary or storm sewers by the Township or a duly constituted Township municipal authority.
C. 
The work of excavation shall be so conducted so as not to interfere with the water mains, gas lines, sewers, or their connections with the houses or any other sub-surface lines or structures until permission of the owners of such lines or structures shall have been obtained.
D. 
All openings or excavations shall be back-filled promptly with suitable materials and thoroughly compacted in layers each of which shall not exceed 6 inches in depth. On improved streets, the back-filling shall be placed within 10 inches of the surface.
E. 
If work is stopped on any road project, and any ditch or trench, in the opinion of the Township, remains open for an unreasonable period, the permittee and/or its contractor, if so directed, shall refill the ditch or trench and work shall not be resumed until such time as the permittee and/or contractor is ready to proceed. In the event that the permittee and/or contractor fail to fill in the ditch or trench upon notification by the Township, the Township may perform the necessary and required work subject to reimbursement by the permittee and/or contractor.
F. 
The permittee shall pay the costs and expenses incident to or growing out of any road opening project including all fees including temporary and permanent restorations and expenses incurred by the Township as a result of the project including but not limited to such items as inspections and temporary resolution to problems resulting out of any road opening project plus a reasonable administrative fee set by resolution by the Board of Supervisors.
G. 
The permittee and/or its contractor is not relieved from obtaining consent required from the owners of abutting properties and does not have the right to remove or destroy trees or shrubbery within the legal limits of the highway except under such conditions, restrictions, and regulations as the Township may prescribe.
H. 
On improved streets, a temporary paving of suitable stony materials thoroughly bound and compacted shall be installed flush with the surface of the adjoining paving. Permanent paving must be completed within 60 days of excavation.
I. 
All permits granted hereunder shall be subject to the express condition that the person to whom the same is issued, shall indemnify, save, and keep harmless the Township from any and all loss in damages or otherwise whatsoever which may or shall be occasioned at any time by the said excavation or construction or by any leak, explosion, or other injury from any pipe apparatus, conduit, or any other matter placed in the said excavation or construction. The permittee shall submit to the Township a certificate of insurance for public liability and property damage in the amount sufficient to cover any loss that may occur arising out of the construction, reconstruction, repair, relocation, or installation of the permitted facilities.
J. 
The applicant shall notify the Township Engineer when the opening or excavation is ready for back-filling before any back-filling is done and when the work is completed by proper back-filling and by temporary paving.
K. 
In the event that any work performed by or for a permit holder, shall, in the opinion of the Township Engineer, be unsatisfactory and the same shall not be corrected in accordance with this instructions within the time fixed by him, or in the event that the work for which the permit was granted is not completed within the time fixed by the Code Enforcement Officer, the Township may proceed to correct such unsatisfactory work or complete any such work not completed and charge the cost thereof to the applicant.
L. 
Permits may not be transferred without the approval of the Township.
M. 
The permittee is responsible for damage of any portion of the roadway caused by equipment in route or used at the work site.
N. 
Maintenance and protection of traffic for work authorized by this occupancy permit must be carried out in accordance with the requirements of the Township. In this connection, the permittee shall provide and maintain all necessary precautions to prevent injury or damage to persons and property from operations covered by this permit. A traffic control plan may be required as directed by the Township.
(1) 
Warning signs shall be placed in accordance with PennDOT specifications beyond each end of the actual operation in such manner as to be visible to the traveling public and meet the requirements of the Township. Special employees shall be assigned by the permittee and/or its contractor to direct traffic when it is necessary to limit it to one way. Advanced permission must be obtained from the Township before directing traffic to one way.
(2) 
A flagman shall be provided as specified and in accordance with the requirements of the Pennsylvania Department of Transportation.
(3) 
In the event that a road must be closed to all traffic during construction, the permittee and/or its contractor must first obtain permission from the Township before closing a road and must inform the Bucks County Communications Center (Fire and Police Boards) of the closure.
O. 
All driveways which are installed on any Township roadway will be required to install either a drain pipe or construct a parabolic swale as directed by the Township Engineer.
P. 
All driveways which are constructed and take access onto either a state or Township road will be required to pave such driveway from the edge of the roadway to the ultimate right of way.
[Ord. 114, 1/21/1991, § 105]
If any emergency condition shall arise and shall not be immediately attended to by the owner or person responsible for such pipe, line, construction, or other apparatus, the Township Engineer, after such notice as he shall deem necessary under the circumstances of the particular case, shall under take to have the necessary work performed as required by such emergency and charge the same on the basis of cost to such owner or person.
[Ord. 114, 1/21/1991, § 105]
Payment for all work done by the Township under the provisions hereof shall be made by the person made liable therefor under the provisions hereof, within 30 days after a bill therefor is sent to such person by the Township. Upon failure to pay such charges within such time, the same shall be collectible by the Township by suit in assumpsit or in the manner provided by law for the collection of municipal claims, as the case may be and shall be a lien on the real estate in connection with which the work was performed.
[Ord. 114, 1/21/1991, § 105; as amended by Ord. 266, 9/17/2007]
Any person, firm, or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, 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 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
[Ord. 114, 1/21/1991, § 105]
The provisions of this Part shall not apply to laying sidewalks or to curbs or to the planting of poles, providing the laying of such sidewalks and curbs comply with Township specifications.
[Ord. 114, 1/21/1991, § 105]
1. 
Should any road opening repair across or within a Township right-of-way prove unsatisfactory within 24 months from the date of completion and approval by the Township Engineer, including but not limited to sinking, cracking, crumbling, or other phenomena which may present a potential risk to the general public, such persons responsible for obtaining the road opening permit shall make immediate repairs upon notification by the Township. If the work is not completed within 60 days' notice, the Township reserves the right to make necessary repairs and deduct the cost of such repairs including a 20% administrative fee from the escrow account established as part of the road opening permit. In the absence of sufficient escrow, the costs will be the responsibility of the original permittee.
2. 
All property owners shall be responsible for maintaining driveway pipes which take access onto Township roadways. Any driveway pipe which becomes clogged, crushed, or made otherwise unusable for the purposes intended, or causes water to be diverted onto Township roadways and present a hazard to life and property will be replaced at the owner's expense. The Township reserves the right to require the owner to make repairs, to make the repair at the owner's expense, to contract with a third party at owner's expense to perform the needed repairs or to abate the nuisance by revocation of the driveway occupancy permit by the removal of said obstruction.
3. 
All property owners shall be responsible for any and all costs for maintenance to public roadways resulting from water runoff caused by improperly maintained driveway pipes.