It shall be unlawful for any person, firm or corporation to
perform any work in any street, highway, sidewalk or other public
right-of-way involving the placing of utility facilities or other
structures or opening of the surface without first obtaining a permit
from the Township or without complying with the provisions of this
article or in violation of a variance from the terms of any such permit.
The following conditions shall apply to permits issued under
the provisions of this article:
A. The permit shall be binding on the permittee, its agents, contractors,
successors and assigns.
(1) The permittee shall be responsible for causing compliance with all
terms and conditions of the permit by its employees, agents and contractors.
(2) The permit shall be located at the work site and shall be available
for inspection by any police officer or representative of the Township.
(3) The permittee shall be principally liable to the Township for any
failure to comply with the provisions of this article. The principal
liability of the permittee shall not preclude the Township from bringing
any action against the permittee's contractor, subcontractor, engineer,
architect, assignee or any other person.
B. The work shall be done at such time and in such manner as shall be
consistent with the safety of the public and shall conform to all
requirements of the Township. If at any time it shall be found by
the Township that the work is not being done or has not been properly
performed, the permittee, upon being notified in writing by the Township,
shall immediately take the necessary steps, at its own expense, to
place the work in condition and conform to such requirements. In case
any dispute arises between the permittee and the Township's inspector,
the inspector shall have the authority to suspend work until the question
at issue may be referred to and be decided by the Codes Enforcement
Office.
C. Permittee responsibilities shall include the following:
(1) The permittee shall pay all costs and expenses incident to or arising
from the project, including the prescribed fees therefor, the cost
of making and maintaining temporary restoration of the disturbed areas
and making permanent restoration.
(2) In the event of failure or neglect by the permittee to perform and
comply with the permit or the provisions of this article, the Township
may immediately revoke and annul the permit and order and direct the
permittee to remove any or all structures, equipment or property belonging
to the permittee or its contractors, or both, from the legal limits
of the right-of-way and restore the same to its former condition.
(3) If work is stopped on a project for any reason, other than at the
end of any normal workday, and any ditch or trench, in the opinion
of the Township, remains open for an unreasonable period, the permittee,
if so directed, shall refill the ditch or trench and work shall not
be resumed until the permittee is prepared to proceed immediately
with the work to its completion.
D. Streets shall be protected by the following types of equipment:
(1) To protect the pavement and shoulders, all equipment shall have rubber
wheels or runners and shall have rubber, wood or similar protective
pads between the outriggers and the surface unless otherwise authorized
by the permit.
(2) In the event that other than rubber-equipped machinery is authorized
for use, the pavement, shoulders and sidewalks shall be protected
by the use of matting, wood or other suitable protective material
having a minimum thickness of four inches, unless the permit requires
the permittee to repave the roadway full width.
(3) If the equipment damages the pavement, shoulders or sidewalks, the
permittee shall restore them to their former condition at the expense
of the permittee.
E. Prior to the issuance of a permit, the permittee shall enter into
an agreement to fully indemnify and save harmless and defend, if requested,
the Township, its agents and employees of and from all liability for
damages or injury occurring to any person or persons or property through
or in consequence of any act or omission of any contractor, agent,
servant, employee or person engaged or employed in, about or upon
the work by, at the instance or with the approval or consent of the
permittee; from any failure of the permittee or any such person to
comply with the permit or the provisions of this article; and, for
a period of two years after completion of the permitted work, from
the failure of the street in the immediate area of the work performed
under the permit where there is no similar failure of the street beyond
the area adjacent to the area of the permitted work.
F. No permit shall be issued unless and until the applicant therefor
has deposited, with the Codes Enforcement Office, on the form provided
by the Township, a bond in the sum of not less than $10,000 conditioned
to indemnify the Township for maintenance of the immediate area wherein
the tunnel or excavation was made for a period of two years from the
date of permanent restoration.
(1) Except as provided in Subsection
F(2) of this section, each $10,000 bond may be used as security for not more than five openings.
(2) In the event that a street excavation opening would necessitate overlaying any portion of the street pursuant to §
176-22, the $10,000 bond used as security for such a project may not be used as security for any other project.
G. The permittee shall, upon request, submit to the Codes Enforcement
Office a certificate or certificates of insurance for public liability
and property damage, in form and amount satisfactory to the Township,
to cover any loss that may be incurred for or on account of any matter,
cause or installation of the permitted structures or facilities.
H. As long as the permittee operates and leaves in place any structures
or facilities in, upon or along the right-of-way, the permittee shall
maintain and keep them in good order and repair.
I. If at any time the structure or facility shall become damaged from
any cause whatsoever, the permittee shall have it removed, repaired
or otherwise made safe immediately upon notification from the Township.
J. If there is a failure of the street, including slope, or any other
appurtenance thereto in the immediate area of the permitted work within
two years after completion of the permitted work and there is no similar
failure of the street beyond the immediate area of the permitted work,
the permittee shall have absolute responsibility to make all temporary
and permanent restoration, including restoration of the immediate
area if it has failed.
K. Approval by an inspector of the Township of all or part of any permitted
work shall not constitute acknowledgment that the work was performed
in accordance with the permit, nor shall such approval of the inspector
act as a release of the permittee or waiver by the Township of its
right to seek performance or restitution from the permittee.
Any person, firm or corporation who or which violates or permits
a violation of this article, upon being found liable therefor in a
civil enforcement proceeding, shall pay a fine of not more than $600,
plus all court costs, including reasonable attorney's fees, incurred
by the Township in the enforcement of this article. No judgment shall
be imposed until the date of the determination of the violation by
the District Justice and/or Court. If the defendant neither pays nor
timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day a violation
exists shall constitute a separate offense. Further, the appropriate
officers or agents of the Township are hereby authorized to seek equitable
relief, including injunction, to enforce compliance herewith.