[Adopted 1-10-2024 by Ord. No. 2024-01[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II, Street Excavations, adopted 12-10-1997 by Ord. No. 97-09 (Ch. 21, Part 1, of the 1994 Code), as amended.
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:
APPLICANT
Any person who applies for a permit.
BLOCK
The section of street from one intersection or cross street to the next.
COMMONWEALTH
The Commonwealth of Pennsylvania.
EXCAVATION
Any activity within the right-of-way of any street or public way which involves cutting, breaking, or disturbing the surface thereof. In this article, the term "opening" shall have essentially the same meaning as "excavation."
PERSON
Any natural person, partnership, firm, association, organization, company, corporation or municipal authority.
STREET
Any street, road, lane, court, cul-de-sac, public way, public square, alley, highway, or any other public place or way located in the Township of Spring Garden and as ordained or otherwise established for the use of the traveling public.
TOWNSHIP
Spring Garden Township, York County, Pennsylvania.
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 of any kind in any of the streets or the streets' rights-of-way in the Township without first securing a permit therefor from the Township and satisfying the other applicable requirements consistent with the regulations as hereinafter provided.
A. 
Any person who shall desire to make any opening or excavation in any street or street right-of-way of the Township shall make application to the Township, in writing, for that purpose. 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 any other information that may be requested by the Township.
B. 
Permits will only be issued by block. Should an opening or excavation extend beyond an intersection or cross street, a separate application must be filed with the Township.
C. 
The application 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, keep and hold harmless the Township from and indemnify it against any and all actions, suits, demands, payments, damages, costs, fees 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.
D. 
The applicant and/or the applicant's contractor is required to have liability insurance which shall be maintained in the minimum coverage amount of $1,000,000. A satisfactory certificate of insurance confirming such liability insurance coverage must be filed with the Township before any work shall be commenced pursuant to the issued permit.
Before any permit shall be issued to open or excavate any street in the Township, the applicant shall pay to the Township any required fees and charges relative to permit issuance, street closings, inspections, and street degradation. Such fees and charges shall be set, adopted, and may be subsequently modified from time to time by resolution of the Township Board of Commissioners.
[Amended 5-8-2024 by Ord. No. 2024-02]
Permits shall be issued by the Township only to persons furnishing public utility services or to the owner or owners of the real property adjoining the location where such opening or excavation is to be made. Permits shall be valid for one year from the date of issuance. Permits may be extended by the Township at the request of the permit holder upon demonstrating good cause why the original work contemplated by the permit could not be finalized within the original one year term.
A permit may be issued to the applicant after all the requirements therefor have been satisfied. If the application is disapproved, written notice of disapproval, together with reasons therefor, shall be given by the Township to the applicant.
The work authorized by any permit issued hereunder is subject to all the provisions of the Underground Utility Line Protection Law, Act of December 10, 1974, P.L. 852, No. 287, § 1 et seq., as amended or supplemented from time to time.[1] It shall be the applicant's responsibility to contact the utilities that have recorded their facilities in compliance with said act. A partial list of utilities providing services in the Township and their office addresses may be obtained from the Recorder of Deeds of York County, Pennsylvania. The applicant shall also be responsible for providing the serial number from the Pennsylvania One Call System to the Township.
[1]
Editor's Note: See 73 P.S. § 176 et seq.
Any person who receives a permit is required to provide visual proof of the condition of the street or streets subject to excavation prior to the commencement of the excavation. Proof of condition of the area subject to excavation shall be in the form of photographs or video of the entire area.
A. 
When a longitudinal opening longer than 10 feet and wider than three feet is made in the street pavement, the applicant shall overlay the traffic lanes in which the opening was made for the entire length of street that was opened.
B. 
When two or more transverse trench openings are made in the street pavement less than 100 feet apart, the applicant shall overlay the traffic lanes in which the openings were made for the entire length of the street between such openings.
C. 
When four or more openings are made by the same applicant in the street pavement less than 100 feet apart, the Township engineers or such other agent or representative of the Township shall require the applicant to overlay the entire disturbed area.
D. 
When the opening is to be closer than three feet from the edge of the existing pavement, the opening shall be extended to the edge of pavement.
E. 
When the permitted opening is to be closer than five feet from the edge of an existing patch or patches in the pavement, the restoration shall be extended to include said patch.
F. 
When the permitted opening is located in a street or alley 14 feet wide or less, then the applicant shall overlay the entire street or alley width for the entire length of the opening.
A. 
In the event that any work performed by or for a permit holder shall, in the opinion of the Township or its engineers, be unsatisfactory and where that work is not corrected in accordance with the Township's instructions within the time fixed by it, or in the event that the work for which the permit was granted is not completed within the time fixed by the Township, the Township may proceed to correct such unsatisfactory work or complete any such work not completed and charge the cost of the work to the applicant.
B. 
When any earth, gravel, or other excavated material is caused to roll, flow, or wash upon any street, the applicant shall cause the same to be removed from the street within 24 hours after deposit. In the event the earth, gravel or other excavated material so deposited is not removed, the Township shall cause the removal, and the cost incurred shall be paid by the applicant.
C. 
If within 36 months after the restoration of the surface, as herein provided, defects shall appear therein resulting from defective backfilling by the applicant or its contractor or otherwise related to the applicant's work, then the applicant shall reimburse the Township for the cost of all necessary repairs to the permanent paving.
D. 
Payment for all work done by the Township under the provisions hereof shall be made by the person made liable therefor 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 by an action at law or in the manner provided by law for the collection of municipal claims.
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 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, after such notice as it shall deem necessary under the circumstances of the particular case, shall proceed to do the work necessary and required by such emergency, and charge all of its costs and expenses of all work to such responsible person.
A. 
The Township shall give timely notice to all persons owning property abutting on any street, or any utilities with facilities located within the Township about to be paved or improved as part of the Township's pavement maintenance program, and to all public utility companies operating in the Township, and all such persons and utility companies shall make all water, gas or sewer connections, as well as any repairs thereto which would necessitate excavation of the said street within 30 days from the giving of such notice, unless such time is extended, in writing, for cause shown by the Township.
B. 
If such work or repairs are completed before the street is paved or improved, the Township shall waive the degradation charges for the applicant, if any are required, for all work requiring excavation of the said street.
No new water, sewer, steam or gas main or electric, telephone or other utility line shall hereafter be laid or constructed, and no such existing main or line shall be extended, in any of the streets of the Township until the plan therefor shall have been first filed with the Township and such plan, and the exact location of such main or line, is approved by the Township. The Township shall not approve the location of any such main or line at a depth of less than 30 inches from the surface of the street unless it is clearly and convincingly proven to the Township that locating the same at a depth of more than 30 inches from the surface is impossible or impractical.
No company, corporation, or association shall excavate any street or alley without first giving to the Township a performance guarantee in an amount as determined by the Township and acceptable to the Township Engineer. Without limitation as to other types of financial security which the Township may approve, which approval shall not be unreasonably withheld, irrevocable letters of credit issued by a federal or state chartered bank or lending institution or restrictive escrow accounts held by such banks or lending institutions shall be deemed acceptable financial security for the purposes of this article.
The provisions of this article shall not apply to the laying of sidewalks or curbs or to the installation of utility poles.
A. 
It shall be unlawful for any person to injure, damage, mar or deface any street in the Township, or to render the same unsafe or dangerous to the traveling public in any way, which shall include, but shall not be limited to, the following:
(1) 
The dragging or drawing of logs, trees or timber or other heavy objects, whether composed of wood, metal or other substance, on or over the surface;
(2) 
The building of fires or the burning of rubbish or other material upon or over the surface;
(3) 
The placing of or allowing to run, leak or be placed upon the surface of any oil, gasoline, kerosene or other substance that might be harmful to the surface; or
(4) 
The operation of any vehicle upon any street with the wheels covered with mud or other material to the extent that such mud or other material drops therefrom onto such street causing a discoloration and/or slippery condition.
B. 
The placement of cold patch remaining in patches or trenches during November 20 through April 1 is prohibited.
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600. Every day that a violation of this article continues shall constitute a separate offense. In addition to the aforesaid penalty for a violation of this article, the Township may seek such other relief and remedies, at law or in equity, to include but not be limited to injunctive relief, as may be otherwise available.