[Adopted 12-7-1970 by Ord. No. 106 (Ch. 21, Part 2, of the 1995 Code)]
Whenever it is desired to dig up or excavate any of the streets, byways or alleys in the Township of Lower Pottsgrove for any purpose whatsoever, a permit therefor shall be obtained from the Building Inspector or his authorized agent, and no such permit shall be issued until the fee therefor shall have been paid by the person, firm, association or corporation applying for such permit to the Building Inspector for the use of the Township. The fee schedule shall be adopted by the Board of Commissioners and may, from time to time, be amended or supplemented by a new schedule duly adopted and enacted by the Board of Commissioners of Lower Pottsgrove Township.
The permit shall set forth the location and purpose of the proposed trench or excavation; the dates between which such excavation may remain open; the names and addresses of all persons, firms, associations or corporations interested in the work to be done; the fee or fees paid and any other information as from time to time may be required.
No permit shall be issued, however, for the breaking of the pavement or surface of any improved street for any purpose whatsoever at any time within five years from the date of completion of the improvement except for repairs to leaking or damaged pipes, sewer, water or drain or for connection to an entirely new building about to be erected or for the installation of a new municipal facility including water or sewer, and then only with special permission having been granted by the Township. No permit shall be issued for the opening or digging up of any street, byway or alley at any time between December 1 of any year and March 1 of the following year except under like conditions as hereinabove prescribed for opening within five years of an improvement.
During the progress of the work, the holder of the permit shall provide and maintain such fences, barriers, "street closed" and warning signs, red lights and other danger signals and watchmen as may be necessary to prevent avoidable accidents to the public. The traveling public during the progress of the work shall at all times be provided for and shall be inconvenienced as little as possible. Drainage gutters and inlets to storm sewers shall be kept clean and unobstructed. The amount of trench opened and also the amount unfilled shall at all times be subject to the decision of the Township Engineer.
All trenches and excavations shall have the same width at the top as at the bottom. No tunneling or drifting shall be allowed except by permission of the Township Engineer and so noted on the permit, the fee to be the same as if such excavation were made by open cut from the surface.
Brick, wood block and other usable material shall be removed with the least possible damage and deposited at such place as designated by the Township Engineer. Backfill shall be compacted in six-inch layers of one-hundred-percent modified stone backfill. All excess of excavated material shall be promptly removed by the applicant.
A. 
In the replacement or restoration of permanent roadway surfaces, the Township shall have the right to and is hereby authorized to cut back the surface and supporting base for a distance of six inches on all sides of the trench or excavation, this additional area always to be included in computing the original fee to be paid by the applicant before receiving a permit. Following the backfilling of the excavation, the Township shall cause the surface area of the excavation and of the above-mentioned six-inch cutback to be covered with concrete to a depth of six inches, such concrete to be covered with two inches of blacktop to seal the surface.
B. 
In computing the area for the purpose of determining the fee or fees to be paid by the applicant, the chart shall be made upon a basis of the width of the trench or excavation to be not less than one foot. Any greater width shall be estimated in multiples of six inches (with no allowance for drifting or tunneling).
[Amended 3-23-1995 by Ord. No. 192]
Any person or persons, association, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. No permit shall be issued to any person or persons, association, firm or corporation under this article until all fines and costs thereupon imposed hereunder shall have been paid.