[Adopted 3-27-1995 by Ord. No. 871 (Ch. 144, Art. V, of the 1998 Township Code)]
A. 
The following words when used in this article shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
PERSON
Includes any natural person, partnership, firm, association, corporation, utility company and municipal authority.
STREET
Any public street, avenue, road, square, alley, highway or other public place located in the Township of Wilkins, and shall include the entire width of any right-of-way as laid out, ordained, dedicated and heretofore or hereafter accepted as a public street by the Township of Wilkins.
B. 
In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to open or to make any excavation or curb cut of any kind in any of the streets in the Township of Wilkins without first securing a permit therefor as hereinafter provided.
Any person who shall desire to make any curb cut, opening or excavation in any of the streets in the Township of Wilkins shall make application to the Township Secretary, in writing, for the purpose. Such application shall be made upon blanks to be furnished by the Township 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 and the laws of the commonwealth 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 curb cut, opening or excavation 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.
Before any permit shall be issued to open or excavate any street in the Township, the applicant shall pay to the Township Secretary a permit fee in the amount set by resolution of the Board of Commissioners to cover the cost of inspection and other incidental services in connection therewith.[1]
[1]
Editor's Note: The current fee resolution is on file at the Township offices.
A. 
Any person who shall open or excavate any improved street in the Township shall thoroughly and completely refill the opening or excavation, puddling and ramming so as to prevent any settling thereafter, and shall compact to ninety-percent density with optimum moisture and shall restore the surface to the same condition as it was before the opening or excavation, and such restoration shall be in accordance with the plans and specifications of the Township Engineer, which are on file in the office of the Township Secretary at 110 Peffer Road where they may be examined.
B. 
As restored, the surface shall conform to the proper grade and be of the same surface covering as the part of the thoroughfare immediately adjoining the opening. If within two years after the restoration of the surface as herein provided, defects shall appear therein resulting from defective backfilling by the applicant, the applicant shall reimburse the Township for the cost of all necessary repairs to the permanent paving.
C. 
If two cuts are made less than 100 feet apart, the entire area between the two cuts and including the two cuts shall be milled and overlaid for a width of 1/2 the street width, unless the repair crosses the center line of the street, then the mill and overlay shall be for the full width of the street.
[Added 6-14-2021 by Ord. No. 1096]
D. 
If more than four cuts are made within a 500-foot span in the street, the section must be milled and overlaid for a width of 1/2 of the street width, unless the repair crosses the center line of the street, then the mill and overlay shall be for the full width of the street.
[Added 6-14-2021 by Ord. No. 1096]
All other work in connection with openings in any street, including excavation, protection, refilling and temporary paving, shall be done by the applicant at his expense, and all such work shall be subject to the provisions of this article and to the supervision and approval of the Township Engineer, provided that the Township Manager may require that cutting of the surface of improved streets and the backfilling of all excavations therein shall be done by the Township, and the charge therefor shall be paid by the applicant on the basis of actual cost of the work, plus 20%.
A. 
No opening or excavation in any street shall extend from the curbline into the highway a distance greater than one foot beyond the center line of the street before being refilled and the surface of the highway restored to a condition safe and convenient for travel.
B. 
No more than 300 feet longitudinally shall be opened in any street at any one time except upon written permission of the Township Engineer.
C. 
The work of excavation shall be so conducted as not to interfere with the water mains, sewers or their connections with the houses or any other subsurface lines or constructions until permission of the proper authorities in connection with such subsurface lines or constructions shall have been obtained.
D. 
No tunneling shall be allowed without the express approval of the Township Engineer and permission therefor endorsed upon the permit. The backfilling of a tunnel excavation shall be made only in the presence of the Township Engineer or an inspector designated by him/her and shall be done only in a method approved by him/her.
E. 
All openings or excavations shall be backfilled promptly with suitable materials and thoroughly compacted in layers, each of which shall not exceed six inches in depth. On improved streets, the backfilling shall be placed to within 10 inches of the surface.
F. 
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.
G. 
During the making of any excavation in any street, every necessary and reasonable precaution shall be taken by the applicant and the parties making the same to keep the street in a safe and passable condition both day and night by guards, barriers, lanterns and other devices, and all excavating permits are granted under and subject to the express condition that the person to whom the same is issued shall indemnify, save and keep harmless the Township from any loss in damages or otherwise whatsoever which may or shall be occasioned at any time by said excavation or by any leak, explosion or other injury from any pipe, apparatus, conduit or any other matter placed in said excavation.
H. 
Whenever any excavation is made within the street right-of-way and vehicular travel is affected thereby, the applicant shall place a metal cover over the excavation during any period when work is temporarily discontinued. The metal cover shall be of sufficient size and strength to permit passage of all vehicular traffic.
I. 
The applicant shall notify the Township Manager when the opening or excavation is ready for backfilling before any backfilling is done and when the work is completed by proper backfilling in the case of unimproved streets and by temporary paving in the case of improved streets.
J. 
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 his instructions within the time fixed by him/her or in the event that the work for which the permit was granted is not completed within the time fixed by the permit, the Township may proceed to correct such unsatisfactory work or complete any such work not completed and charge the cost thereof, plus 20%, to the applicant.
K. 
Upon failure to keep the street right-of-way in a safe and passable condition as required in Subsections G and H above, the Township may install the required guards, barriers, lanterns, metal covers or other devices and charge the cost thereof, plus 20%, to the applicant.
In the case of any leak, explosion or other accident in any subsurface pipe, line, construction or apparatus, it shall be lawful for the person owning or responsible for such pipe, line, construction or apparatus to commence an excavation to remedy such condition before securing a permit, provided that application for a permit shall be made immediately and not later than the next business day thereafter and that all other provisions of this article are fully complied with. If any such emergency condition shall not be immediately attended to by the owner or person responsible for such pipe, line, construction or apparatus, the Township Manager, after such notice as he/she shall deem necessary under the circumstances of the particular case, may proceed to do the work necessary and required by such emergency and charge the same on the basis of cost, plus 20%, to such owner or person.
A. 
This article shall apply to the installation or erection of any gas pipe, water pipe, telephone pole, electric light pole, power pole, cable television pole, cable television vault, box or housing, cable television cable or similar utility, whether public or private.
B. 
This article is not intended to apply to excavations made between the improved or paved portion of any highway or sidewalk and abutting private property for the purpose of planting grass, trees or other vegetation or for the purpose of erecting mailboxes, fences or other structures now or hereafter permitted in the public right-of-way by rule, regulation or ordinance of the Township.
C. 
None of the facilities designated in Subsection A above shall be laid or erected or extended in any of the streets of the Township until the exact location thereof and the plan therefor shall have been first approved by the Township Engineer.
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 in the manner provided by law for the collection of municipal claims.
Prior to issuance of any permit by the Township Secretary, all persons applying for the same shall deliver to the Township Secretary security to guarantee performance of the applicant's duties imposed by this article in the form of a surety bond, cashier's check or other form acceptable to the Township Solicitor and in an amount approved by the Township Manager, but not in excess of $5,000. Prior to release of said security, the applicant shall provide the Township a three-year maintenance bond as determined by the Township Engineer in connection with maintenance of any resurfaced excavation. When the applicant is a Township property owner and the application involves work in connection with service to the applicant's property, the performance and maintenance bonds may be waived if the applicant executes an agreement and note ensuring compliance with the provisions of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This article shall be enforced by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person, partnership, corporation or other entity who or which violates or permits a violation of the provisions of this article shall, upon conviction in a summary proceeding, pay a fine of not more than $1,000, plus the costs of prosecution, and in default of the payment of the fine and costs of prosecution, shall be imprisoned for a period not exceeding 30 days. Each day that the violation continues shall be considered a separate offense. In the case of firms or associations, the penalty may be imposed upon the partners or members thereof, and in the case of corporations, upon the officers thereof.