[Derived from Ch. 21, Art. III, of the 1971 Code]
As used in this article, the following terms shall have the meanings indicated:
CONNECTION
The installation of a pipe line or pipe lines to bring utilities of any kind into a property from a public street or public right-of-way.
IMPROVED ROAD, CLASS A
Any road surfaced with a pavement such as asphalt, concrete, bituminous concrete, brick or similar pavement and any road having a concrete base, and the public right-of-way within which such road is located.
IMPROVED ROAD, CLASS B
Any road surfaced with stone or slag uniformly deposited in layers, with a total thickness of not less than four inches where stone or slag has been compacted by the use of a power roller and bound together by the application of bituminous binder tar or asphaltic binder, and the public right-of-way within which such road is located.
IMPROVED ROAD, CLASS C
Any macadam or other road surfaced with a light coat of stone or oil in any water-bound macadam road without oil treatment and any gravel or cinder road with oil treatment, and the public right-of-way within which such road is located.
UNIMPROVED ROAD
Any cinder, dirt or gravel road without oil treatment and all other roads under the jurisdiction of the Township, and the public right-of-way within which such road is located.
No person shall cut, dig, drill or make any hole, trench or other excavation in any road, street, alley, highway or other public way under the jurisdiction of the Township without first having obtained a permit therefor in the manner set forth in this article; nor shall any person mar, deface, damage, injure or destroy the surface of any such road, street, alley or public way.
Application for a permit under this article shall be made to the Municipal Clerk who shall prepare forms for such purpose. Such application forms shall state the name and address of the applicant, the name of the street where the opening is to be made, the house number, if any, and the Township Tax Map lot and section number of the property for the service of which the opening is to be made, the purpose for which the opening is to be used, the nature of the surface in which the opening is to be made, the dimensions of the opening and the time when the work is to be commenced and completed. Each application shall be filed by the applicant and the fees hereinafter fixed shall be paid with the application. The Municipal Clerk shall issue permits for which applications are made in accordance with rules and regulations to be established by the Township Manager. With respect to any application, the Township Manager may determine the time limit during which the permit shall be valid. Each permit shall be filed by the Municipal Clerk and state the identity and address of the applicant, the name of the street and location where the opening is to be made, the dimensions of the opening and the period during which the permit shall be valid.
The fees to be paid upon filing application for a permit under this article are hereby established and may be found in Chapter 156 of this Code.
Upon application being made therefor, the Township Council may extend the time during which any permit shall be valid for such period as the Township Council shall deem it advisable. In the event that the work required to be done by a permittee shall not be completed within the time stated on any permit, or any extension thereof, then the Township Manager may complete the work required to be done by the Permittee and restore the surface of the street affected. The permittee shall, upon demand, pay to the Township the cost of completing such work as the permittee is required to do under this article and such amount may be recovered by the Township in a court of competent jurisdiction.
The Township Committee may revoke any permit for noncompliance with any provision of this article. In any special case, the Township Council may by resolution impose special conditions to which the issuance of the permit will be subject or the Township Council may in any such case deem by resolution that any provision of this article shall not apply or shall be altered.
Every permittee all keep each opening properly guarded and shall place sufficient lights around such opening to give adequate warning during the hours of darkness. All work done under any permit shall be done in such manner as to cause a minimum of interference with travel along the street affected. No street shall be closed to traffic unless specific permission therefor has been granted by the Township Manager.
Each permittee shall, as a condition of accepting any permit issued under this article, save, hold and keep harmless and indemnify the Township, its officers, agents, servants and employees, from and against any loss, damage, claim, demand or expense arising out of any suit or claim for damage or injury alleged to have been sustained as a result of any work done under such permit.
No work for which a permit is issued under this article shall be conducted in such manner as to interfere with any water main or sewer line, or any connection from either of the same to any building or any municipal drain pipe, unless specific permission to interfere with such main or line is obtained in advance from the Township Manager. Any rock or other substance within five feet of any water main, sewer line or other pipe line which may become damaged by blastings shall be removed without blasting. No excavation which may result in damage to or destruction of any trees or shrubbery or any Township property shall be made unless specific permission therefor is granted by the Township Manager prior to the work being done.
A. 
Every permittee shall completely back fill any excavation made and replace as much as possible of the material excavated. Such material shall be compacted by flushing, tamping or other suitable means as directed by the Township manager, and any additional back-fill material required shall be furnished by the permittee. In any case where the Township Manager determines that the excavated material is unsatisfactory for back fill, the permittee shall back fill the excavation with sand, soft coal, cinders or other proper material which shall be placed in layers not exceeding three inches in depth, moistened and thoroughly compacted as directed by the Township Manager. Upon completion of the work, the permittee shall remove any excess material and leave the premises in a clean condition. Upon determination of the Township Manager that any back filled excavation has settled or caved in, the permittee shall promptly upon receiving notice of such determination continue back filling as above described until the Township Manager determines that the settlement is complete.
B. 
In the event that tunneling operations shall be required to reach the point of connection with any main line, the back fill in any such tunnel shall consist of rammed cement concrete composed of a mixture of one part of cement to 10 parts of coarse aggregate material not inferior to cinders.
In all cases where permits are issued under this article wherein the permittee is to restore the surface of the street, the following rules, regulations and requirements shall apply:
A. 
No permittee shall commence the restoration of any street foundation or surface until the town manager has deemed that settlement of the subsurface is complete and the area properly prepared for restoration.
B. 
All foundations shall be restored to a width of 12 inches wider than the width of the excavation and to a length of six inches longer than the length of the excavation.
C. 
The street surface shall be restored to a width of 12 inches wider than the width of the restored foundation and to a length of six inches longer than the length of the restored foundation.
D. 
When any foundation is restored by the use of cement concrete, the same shall consist of a mixture by volume, of one part of Portland cement, three parts of sand and five parts of gravel or stone.
E. 
All foundations and surfaces of Class A improved roads shall be restored with the same type of material and to the same depths as existing prior to the making of the excavation.
F. 
The foundations and surfaces of Class B or Class C improved roads or unimproved roads shall be made with such materials and in such manner as shall be directed in each particular case by the Township Manager.