[Ord. 1981-5, 4/8/1981, § 1; as amended at time of adoption of Code
(see Ch. AO)]
It shall be unlawful for any person, firm, partnership or corporation
to make any opening to include curb or sidewalks cuts or excavation
in, or under any street, alley or thoroughfare or to develop, construct
or install any utility, including sewer, water or gas lines, in the
streets of or within the limits of the Township of Lower Swatara unless
and until a permit has been secured for each undertaking from the
Board of Commissioners or its designated agents.
[Ord. 1981-5, 4/8/1981, § 2; as amended at time of adoption of Code
(see Ch. AO)]
The application for the permit shall specify the location of
the opening or excavation, anticipated date and time frame of work,
together with the estimated length, width and depth thereof, along
with any additional information that might be requested by the Township.
Permit fees shall be established by resolution by the Board of Commissioners.
Proof of liability insurance shall be submitted with the permit application.
Fees shall be paid in accordance with the current Township Fee Schedule.
1.
Permits are valid for one year after the issuance date. Should work
not be completed within one year of the permit issuance date, a written
request to extend the permit to the designate employee may be reviewed
to extend that request by a specific amount of time.
2.
Permit extensions shall be accordance with the current Township Fee
Schedule.
[Ord. 1981-5, 4/8/1981, § 3; as amended at time of adoption of Code
(see Ch. AO)]
1.
In the instance where an emergency occurs during normal working hours,
the Township shall be notified immediately of the emergency work and
work shall be permitted to proceed. A permit shall be applied for
within 24 hours of the completion of the work or on the Township's
next working day.
2.
If the emergency work occurs after normal working hours, the Township's
Police Department shall be notified immediately. A permit shall be
applied for within 24 hours of the completion of the work or on the
Township's next working day.
[Ord. 1981-5, 4/8/1981, § 4; as amended at time of adoption of Code
(see Ch. AO)]
It shall be the responsibility of the permittee and/or contractor
to adequately protect and direct vehicles and pedestrian traffic by
means of guards, barriers, lights, signs and flagmen as referenced
by the current standards of the Pennsylvania Department of Transportation's
laws. The permittee and/or contractor shall assume all risks and be
liable for all damages by reason of openings and excavations and by
reason of any failure to properly fill and maintain the trench or
ditch. The permittee and/or the contractor shall submit proof of liability
insurance to the Township prior to the issuing of the permit. No street,
alley or thoroughfare may be barricaded to all traffic unless written
permission has been granted by the Township or its designated agent
and provisions made for detours at the expense of the permittee.
[Ord. 1981-5, 4/8/1981, § 6; as amended by Ord. 448, 11/15/2000; and at time of adoption
of Code (see Ch. AO)]
Curbs or sidewalks shall be removed in sections extending from expansion joint to expansion joint. If this is not practical, partial cutting of curbs or sidewalks shall only be permitted with approval by the Township Engineer or his designated agent. Replacement of curbs or sidewalks shall be in accordance with Township specifications addressed in Part 6 of Chapter 22, Subdivision and Land Development.
[Ord. 1981-5, 4/8/1981, § 7; as amended by Ord. 448, 11/15/2000; and at time of adoption
of Code (see Ch. AO)]
All improved roadway surface permanent restoration shall be made by the permittee and/or contractor. Restoration shall be in accordance with § 21-401.
1.
If the permittee opens pavement that is less than five years old
or several openings have been made within a two-year period, the permittee
shall, in addition to the restoration conditions outlined in this
section, mill and overlay the roadway in accordance with the following
conditions:
A.
When a longitudinal opening longer than 100 linear feet has been
made in the pavement, the permittee shall mill and overlay the lane
in which the opening was made, for the entire length of roadway that
was opened, in a manner authorized by the Township.
B.
When two or more transverse openings have been made in the roadway
within 100 linear feet of each other, the permittee shall mill and
overlay lanes in which the openings were made, for the entire length
of roadway between the openings, in a manner authorized by the Township.
C.
When two or more emergency openings have been made by the same permittee
within 50 linear feet of roadway, the permittee shall mill and overlay
lanes in which the openings were made, for the entire length of roadway
between the openings, in a manner authorized by the Township.
2.
Regardless of the age of the wearing course:
A.
If more than 50 linear feet of longitudinal or transverse openings,
or both, are made in the roadway, the Township may require the permittee
to mill and overlay lanes in which the openings were made, for the
entire length of roadway that was opened, if the Township determines
that the surface or structural integrity of the roadway has been impaired
by the openings.
B.
If four or more openings are made by the same permittee within 100
linear feet of roadway, the Township may require the permittee to
restore the entire disturbed roadway between the openings by milling
or other authorized method and overlaying the entire disturbed roadway.
3.
Right-of-Way
Restoration. All portions of the right-of-way, including but not limited
to guide rails, curbs, signs, utilities, markings, vegetation and
ditches shall be restored by the permittee to the condition at least
equal to that which existed prior to the start of work.
[Ord. 1981-5, 4/8/1981, § 9; as amended at time of adoption of Code
(see Ch. AO)]
At the completion of the paving, the permittee shall notify the Township of the completion of the work. Should there be settlement of the road or right-of-way surface, or any other defect occurs within 18 months of the notice of completion of work, the permittee shall be required to make such repairs. Within the eighteen-month period following the notice of completion of work, where any settlement, or any defect occurs, if the permittee fails to rectify any such defect within 30 days after written notice from the Township, the Township may elect to perform such repairs or hire a contractor to make such repairs. The Township may include all overhead expenses plus an additional 22% penalty charged to the permittee. All work shall be in accordance with the referenced specifications of § 21-401.
[Ord. 1981-5, 4/8/1981, § 10; as amended at time of adoption of Code
(see Ch. AO)]
No new permit shall be issued to any person, firm or corporation
in default under any of the provisions of this Part.
[Ord. 1981-5, 4/8/1981, § 11; as amended at time of adoption of Code
(see Ch. AO)]
1.
The Township or its designated agent reserves the right to place
an inspector on any and all jobs they deem necessary in order to insure
good workmanship and the actual expense of said inspection shall be
charged to the permittee.
A.
It shall be the permittee's responsibility to notify the Township
in writing of the completion of the final pavement.
[Ord. 1981-5, 4/8/1981, § 9; as amended by Ord. 1982-3, 2/10/1982; by Ord.
448, 11/15/2000; and at time
of adoption of Code (see Ch. AO)]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not less than $300 nor more than $1,000 plus costs and, in
default of payment of said fine and costs, to imprisonment for a term
not to exceed 30 days. Each day that a violation of this Part continues
shall constitute a separate offense.
