[Ord. 2017-01, 1/12/2017]
1. 
The following words, when used in this chapter, shall have the meanings hereby respectively ascribed thereto, except where the context clearly indicates otherwise:
APPLICANT
Any person, entity and/or any organization who or which seeks a permit from the Township to construct new structures or modify existing structures. Any entity or organization shall designate an individual person as the responsible contact person.
EXCAVATION
Any break or opening in the surface or subsurface of any public place in any manner whatsoever.
FACILITY
Any pipe, sewer, drain, conduit, tunnel, manhole, duct, vault, buried wire, cable, meter, gauge, valve, regulator, junction box, transformer, tower, wire, pole, anchor, phone booth, curb, curb and gutter, sidewalk, driveway or any other object, structure or material of any kind, whether mentioned herein or not, which may be lawfully constructed, left, placed or maintained in, across, under, over, upon or along any public place.
PENNDOT
The Pennsylvania Department of Transportation.
PERMITTEE
Any person, corporation, partnership, individual, association, company, or other organization who applied for and was issued a permit under this Part.
PERSON or PERSONS
Any person or persons, corporation, partnership, individual, association, company or any organization.
PUBLIC PLACE
Any Township street, road, highway, avenue, lane, place, way, alley, footpath, sidewalk, park or any public property owned or controlled by the Township.
STREET or HIGHWAY
The entire width between the boundary lines of any street, road, thoroughfare, highway, avenue, lane, place, way, alley, footpath, sidewalk, or public property owned, controlled or maintained by the Township or state within the Township, or any part thereof, which is opened to the use of the public for purposes of vehicular travel.
TOWNSHIP
The Township of Swatara, Lebanon County, Pennsylvania.
2. 
In this Part, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
[Ord. 2017-01, 1/12/2017]
1. 
It shall be unlawful for any person to make, cause or permit to be made or caused any excavation or opening in or under the surface of the ground or paved areas within the boundaries of any public place, for any purpose, without first obtaining from the Township, and paying any applicable fees, a permit before such work is begun and complying with such other requirements herein specified.
A. 
Emergency Openings. 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 opening or 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 Part shall be fully complied with. If any such emergency condition shall not be attended to immediately by the owner or person responsible for such pipe, line, construction or apparatus, the Township Engineer or his designee, after such notice as he shall deem necessary under the circumstances of the particular case, shall proceed to do the work necessary and required by such emergency, and the Township shall charge the same on the basis of the cost, plus 10% additional, to such owner or person.
[Ord. 2017-01, 1/12/2017]
1. 
Any person who shall desire to make any opening or excavation in any street in Swatara Township shall first make application to the Township, in writing, for the purpose a minimum of 20 days prior to such opening or excavation. Such application shall be made upon forms 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 and 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 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 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.
A. 
At the time of filing of the application, the applicant shall provide to the Township proof of general liability insurance to protect the applicant, the party performing the work, and the Township in accordance with the limits of insurance as adopted by resolution of the Township Supervisors. The applicant and/or the party performing the work shall also provide the Township with proof of workmen's compensation insurance, special hazard insurance, property damage insurance, automobile insurance, truck insurance and blasting damage insurance in all cases where the Township deems the insurance coverage necessary.
B. 
Approval and Issuance. Such approval and issuance of the permit shall be granted or refused within 30 days from the date of application.
[Ord. 2017-01, 1/12/2017]
At the time of filing of the application for a permit, but in any case before any permit shall be issued to open or excavate any street in the Township, the applicant shall pay to the Township the amount of the permit fee, as established and set forth in a resolution adopted by Township Supervisors. The Township shall have the right in its discretion to waive fees for contractors performing work under contract with the Township. In addition to the permit fee, the applicant shall provide the Township with an escrow deposit, bond or other satisfactory surety as set forth in § 21-108 of this Part.
[Ord. 2017-01, 1/12/2017]
In the case of the opening or excavation of any street or alley, the person responsible for the said opening or excavation shall be required to refill such opening according to the Township specifications and prepare the same for resurfacing and shall post security in such amount as determined by the Township for completion of the work. The Township shall have the election of requiring the person to resurface the same or the Township may elect to do the same itself. In the event that the Township does resurface the street or alley, the cost thereof shall be paid by the person who opened or excavated the street or alley. All work performed by any person under the provisions of the within Part shall be done according to the Township specifications and shall be done in accordance with the requirements specified by the Township Engineer.
[Ord. 2017-01, 1/12/2017]
1. 
All excavation work and restoration work shall comply with the requirements as delineated in Exhibit A, "Street Cut Specifications," attached and made a part of this Part.
2. 
No opening or excavation in any street shall extend from the curbline into the roadway a distance greater than one foot beyond the center line of the street before being refilled and the surface of the street restored to a condition safe and convenient for travel.
3. 
No more than 500 feet longitudinally shall be opened in any street at any one time.
4. 
The permittee shall determine the existence and location of existing facilities and avoid conflict with them. The work of excavation shall be so conducted as not to interfere with any water main, sewer, sewer connection, or any other subsurface line or construction until permission of the proper authorities in connection with such subsurface lines or constructions shall have been obtained. No existing facility shall be moved to accommodate the permittee, unless permission is granted by the Township and facility owner and the cost is borne by the permittee. The permittee shall support, by the latest approved methods, all facilities affected by the excavation work and do everything necessary to support, sustain and protect them under, over, along or across the work. In case any existing facility is damaged, it shall be repaired at the expense of the permittee. The permittee shall also be responsible for any damage resulting to any public or private property by reason of the damage to any existing facility caused by the permittee or a person employed by the permittee.
5. 
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 and shall be done only in a method approved by him.
6. 
All openings and 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.
7. 
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.
8. 
During the making of any opening or 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 permits issued under this Part 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 or damages, or otherwise whatsoever, that may or shall be occasioned at any time by the said excavation or by any leak, explosion or other injury from any pipe, apparatus, conduit or any other matter placed in the said opening or excavation.
9. 
The applicant shall notify the Township Engineer or the other person designated by the Township Supervisors as observer of the said work when the opening or excavation is ready for backfilling before backfilling, in the case of any unimproved street, and for temporary paving, in the case of any improved street.
10. 
In the event that any work performed by or for a permit holder shall, in the opinion of the Township Engineer or the other person designated by the Township Supervisors as observer, be unsatisfactory, and the same shall not be corrected in accordance with his instructions within the time fixed by him, or in the event that the work for which the permit was granted shall not be completed within the time fixed by the Township Secretary and specified on the permit, the Township may proceed to correct such unsatisfactory work or to complete such work not completed and shall charge the cost thereof, plus 10%, to the permittee.
[Ord. 2017-01, 1/12/2017]
Any person who opens or excavates any street or alley and resurfaces the same in accordance with the provisions of the within Part shall be responsible for the continued maintenance of such restored surface for a period of two years after completion of such restoration and shall post such security as determined by the Township.
[Ord. 2017-01, 1/12/2017]
1. 
All work in connection with opening any street, including excavation, protection and refilling, shall be done by the permittee at his expense, and all such work shall be subject to the provisions of this Part and to the supervision of the Township Engineer or any other person designated by the Township Supervisors.
2. 
All persons, including contractors performing work for public authorities, desiring to open a street shall furnish a properly executed corporate surety bond. The bond shall be executed by a reputable surety company licensed to do business in the Commonwealth of Pennsylvania. All bonds secured by contractors performing work under contract with public authorities must be countersigned by the director or chairman of the authority. Any person may, upon petition to Township Supervisors, request that other financial security be established in lieu of a bond, with the same terms for bonds set forth in this Part, upon approval by the Supervisors.
3. 
Said financial security shall cover street opening work performed during the calendar year. The financial security shall be in effect for two years after the restoration of the surface of the street in accordance with § 21-107 in order that the Township may collect from the bond or other surety the cost of all necessary repairs to the permanent paving and any additional costs that the Township may incur in accordance with the provisions of this Part. The amount of the surety bonds shall be $5,000, unless any street excavation or restoration work for a single project exceeds the five-thousand-dollar figure. In such event, its applicant must secure additional bonding in an amount equal to the difference between the five-thousand-dollar figure and the dollar amount computed in accordance with the prevailing costs of construction, as determined from time to time by the Township Engineer.
4. 
In any case where the Township requires the Township Engineer to become involved in the review of plans for the work or inspection of the work, the applicant shall pay to the Township the cost of the engineering services prior to the release of any posted financial security.
[Ord. 2017-01, 1/12/2017]
All property owners, persons, firms or corporations, while engaged either by themselves or by their contractors, in doing any work under the provisions of this Part, shall fully protect the work, openings and excavations, if any, in, upon or about said work, and conduct all activities in accordance with all federal and state regulations.
[Ord. 2017-01, 1/12/2017]
1. 
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 the Township Engineer's certification of the completing of the paving or repaving of the said surface.
A. 
In case of emergency, the Township may grant permission to dig, open or excavate in or under any street, highway, road or alley within the five-year period upon application therefor accompanied by a fee established by resolution of the Township, and payable to the Township, which fee shall be in addition to any charge required for a permit to dig, excavate or open a street. The existence of such emergency and the necessity for the opening of such paving to be determined by the Township Engineer.
[Ord. 2017-01, 1/12/2017]
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.