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.
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%.
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.
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.