[Adopted 12-15-1983 as Ord. No. 524; amended in its entirety 1-26-2023 by Ord. No. 846]
It shall be unlawful for any person, firm or corporation to open, break or excavate any street or to excavate any area of public right-of-way in the Township by digging or otherwise or to dig a tunnel under the surface of any street or public right-of-way, herein referred to as "excavation," for the purpose of erecting utility poles, laying wire, pipe, sewers, drains or conduits of any description or for making connections therewith or repairs thereto unless and until a permit to do so shall have first been obtained and fees paid as provided in Chapter A310, Fees.
It shall be unlawful for any person, firm or corporation to construct any public or private driveway or road so as to open into any Township street without first securing a permit as herein provided. The design and construction of such driveway or road shall be in accordance with the latest Township standards and specifications.
Application for a permit shall be made on a form prepared by the Township and shall be signed by a responsible applicant or by a fully authorized officer or employee of the applicant. The application shall set forth the purpose for which the street or public right-of-way is to be opened, excavated or occupied, the location and nature of the proposed work, the portion of the street or public right-of-way to be occupied, safety precautions to be taken, estimated time the street or public right-of-way will be open and such other information as may be prescribed by the Township. The application shall likewise set forth that the applicant agrees to do all of the work in accordance with the requirements of the permit and to the satisfaction of the Township Manager.
Issuance of fees for street occupancy permits required by this chapter shall be as set forth by resolution of the Board of Commissioners from time to time.[1]
[1]
Editor's Note: See Ch. A310, Fees.
Application shall be submitted to the Township Manager for approval. If he shall approve the same, then the permit shall be granted by the Township upon payment of the required issuance and inspection fees.
It shall be the duty of the person to whom the permit has been granted to protect all openings, materials and obstructions of any kind in the street or the public right-of-way by the use of danger signals and by such fences, barricades or other protective devices as may properly protect the public as determined by the Township Manager, including red lanterns which should be kept lighted from sunset to sunrise.
No excavation shall be kept open longer than 24 hours except upon the prior written approval of the Township Manager.
A. 
All excavations shall be filled immediately with suitable materials, thoroughly compacted, and in all respects satisfactory to the Township, and the fill shall be compacted where required, and any sidewalks, curbs and gutters shall be replaced with the same type of paving as there was prior to the opening and any unpaved areas shall be filled with topsoil to a level condition and covered with grass seed or sod. All work shall be done to the satisfaction and approval of the Township Engineer and shall be in accordance with all applicable Township street restoration standards and specifications as the same may be amended from time to time by the Township Engineer.
B. 
Appropriate drainage must be maintained at all times. Excavation shall not interfere with preconstruction flow of stormwater within the public right-of-way. The proposed method of maintaining drainage within the public right-of-way shall be detailed in the application for a permit and in the drawings submitted therewith. Suitable methods for maintaining drainage shall include swale, pipe, slotted drain and others as approved by the Township Engineer.
A. 
All applicants shall bear all costs of inspections required hereunder. The costs of inspections shall be charged at the rate established by resolution of the Board of Commissioners from time to time.[1]
[1]
Editor's Note: See Ch. A310, Fees.
B. 
The Township shall have the right to seek outside consultants to provide independent inspections, plan review and inspection reports. Under these circumstances, the applicant shall be responsible for paying the actual costs incurred.
Any person, firm or corporation violating any provisions of this article shall, upon summary conviction before any District Justice, be punishable as provided in Chapter 1, General Provisions, Art. II, Violations and Penalties, § 1-16, Building, health and safety violations. Each and every day in which any person, firm or corporation shall be in violation of this article shall constitute a separate offense.