[Ord. 305, 5/2/1966, § 1]
The following words, when used in this Part, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
PERSON
Any natural person, partnership, firm, association or corporation, or either private or public utility.
STREET
Any public street, avenue, road, square, alley, highway or other public place located in the Township of Elizabeth and established for the use of vehicles. In this Part, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
[Ord. 305, 5/2/1966, §§ 2, 3]
1. 
It shall be unlawful for any person to open or to make any excavation of any kind in any street in the Township of Elizabeth except in and upon those portions thereof established for the use of vehicles.
2. 
It shall be unlawful for any person to open or to make any excavation of any kind in any of the streets in the Township of Elizabeth without first securing a permit therefor as hereinafter provided.
[Ord. 305, 5/2/1966, § 4]
Any person who shall desire to make any opening or excavation in any of the streets in the Township of Elizabeth 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 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.
[Ord. 305, 5/2/1966, § 5; as amended by Ord. 561, 6/1/1987; and by Ord. 882, 7/5/2011]
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, as established by resolution of the Board of Commissioners, to cover the cost of inspection and other incidental services in connection therewith. When application shall be made to open or excavate any longitudinal opening or excavation, the applicant shall pay, in addition to such minimum fee, an additional fee, as established by resolution, for each 120 feet or fraction thereof to be opened or excavated upon such street.
[Ord. 305, 5/2/1966, §§ 6, 7; as amended by Ord. 882, 7/5/2011]
1. 
Any person who shall open or excavate any improved street in the Township shall thoroughly and completely refill the opening or excavation, compacting and ramming so as to prevent any settling thereafter, and shall restore the surface to the same condition as it was before the opening or excavation; and such restoration shall be in accordance with the specifications of the Department of Transportation of the Commonwealth of Pennsylvania, Publication 408, latest revision, which are hereby adopted as specifications of the Township for restoration of surfaces of streets in the Township; as restored, the surface shall conform to the proper grade and be of the same surface covering as the part of the thoroughfare immediately adjoining the opening. If, within two years after the restoration of the surface as herein provided, defects shall appear therein resulting from defective backfilling by the applicant, the applicant shall reimburse the Township for the cost of all necessary repairs to the permanent paving. Work shall conform to the Township standard details attached.
2. 
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 Part and to the supervision and approval of the Township Road Supervisor, provided that the Road Supervisor 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 20%.
[Ord. 305, 5/2/1966, § 8; as amended by Ord. 561, 6/1/1987]
In addition to any other fees or inspection costs provided herein, the applicant shall deposit with the Township Secretary a sum, as established by resolution, as security for the work done under this Part. Any public utility doing any work under this Part shall have the right to file a continuing bond in an amount acceptable to the Board of Commissioners, covering work to be done under this Part.
[Ord. 305, 5/2/1966, § 9; as amended by Ord. 882, 7/5/2011]
1. 
No opening or excavation in any street shall extend from the curbline into the highway a distance greater than one foot beyond the center line of the street before being refilled and the surface of the highway restored to a condition safe and convenient for travel.
2. 
No more than 300 feet longitudinally shall be opened in any street at any one time.
3. 
The work of excavation shall be so conducted as not to interfere with the water mains, sewers or their connections with the houses, or any other subsurface lines or constructions, until permission of the proper authorities in connection with such subsurface lines or constructions shall have been obtained.
4. 
No tunneling shall be allowed without the express approval of the Public Works Manager and permission therefor endorsed upon the permit. The backfilling of a tunnel excavation shall be made only in the presence of the Public Works Manager or an inspector designated by him and shall be done only in a method approved by him.
5. 
All openings or excavations shall be backfilled promptly with suitable materials and thoroughly compacted in layers, each of which shall not exceed six inches in depth. On improved streets, the backfilling shall be placed to within eight inches of the surface when hot-mix materials are not available.
6. 
On improved streets, a temporary paving of suitable cold patch material, thoroughly bound and compacted, shall be installed flush with the surface of the adjoining paving. As soon as hot-mix materials are available and weather is suitable, the temporary cold patch shall be removed and replaced with the paving materials.
7. 
During the making of any excavation in any street, every necessary and reasonable precaution shall be taken by the applicant and the parties making the same to keep the street in a safe and passable condition day and night by guards, barriers, lanterns, road plates and other devices. Excavating permits are granted under and subject to the express condition that the person to whom the same is issued shall indemnify, save and keep harmless the Township from any loss in damages, or otherwise whatsoever, which may or shall be occasioned at any time by the said excavation or by any leak, explosion or other injury from any pipe, apparatus, conduit, or any other matter placed in the said excavation.
8. 
The applicant shall notify the Public Works Manager when the opening or excavation is ready for backfilling, before any backfilling is done, and when the work is completed by proper backfilling in the case of unimproved streets and by temporary paving in the case of improved streets.
9. 
In the event that any work performed by or for a permit holder shall, in the opinion of the Public Works Manager, be unsatisfactory and the same shall not be corrected in accordance with his instructions within the time fixed by him, or in the event that the work for which the permit was granted is not completed within the time fixed by the Public Works Manager, the Township may proceed to correct such unsatisfactory work or complete any such work not completed and charge the cost thereof, plus 20%, to the applicant.
10. 
In all cases where an excavation is made, regardless of size, on a road that has been paved within the last six years, the entire road surface shall be paved from curb to curb and 10 feet beyond the beginning and end of the excavation.
[Ord. 305, 5/2/1966, § 10]
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 Part 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 Road Supervisor, after such notice as he shall deem necessary under the circumstances of the particular case, shall 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.
[Ord. 305, 5/2/1966, § 11]
The Road Supervisor shall give timely notice to all persons owning property abutting on any street within the Township about to be paved or improved 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 Road Supervisor. New paving shall not be opened for a period of five years after the completion thereof, except in case of emergency, the existence of which emergency and the necessity for the opening of such paving to be determined by the Road Supervisor. If it is sought to excavate upon or open a street within five years after the completion of the paving thereof for any reason than an emergency as above stated, the applicant shall make written application to the Road Supervisor, and a permit for such opening shall only be issued after express approval of Commissioners.
[Ord. 305, 5/2/1966, § 12]
No new water or gas main shall hereafter be laid or constructed and no existing water or gas main shall be extended in any of the streets of the Township until the exact location thereto and the plan therefor shall have been first approved by the Township Commissioners.
[Ord. 305, 5/2/1966, § 13]
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.
[Ord. 305, 5/2/1966, § 14; as amended by Ord. 561, 6/1/1987; and by Ord. 577, 8/1/1988, § 2W]
Any person, firm or corporation who shall violate any provision of this Part 1 shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and/or to imprisonment for a term not to exceed 90 days.
[Ord. 838, 6/4/2007, §§ 1, 2]
Chapter 67 of Pa. Code Chapter 459, § 459.8, Special Condition Surface Operations, is hereby incorporated by reference and attached hereto as an amendment to this Part, known as the "Street Excavation Ordinance," with the following exceptions and revisions as set forth below:
A. 
All references in 67 Pa. Code, Chapter 459, § 459.8, to "department," where district office shall be department office, shall be defined as the Township of Elizabeth.
B. 
With respect to benching across an improved area under § 459.8(B) 67 Pa. Code, § 459.8, Trenching Across Approved Area, at Paragraph (b)(2)(ii)(c), the department waives the requirement for drilling, boring, driving or tunneling.
C. 
With respect to Paragraph 459.8, Subparagraph (h), restoration of flexible base pavements, all references to "ID-2" materials are hereby revised to "Superpave" equivalent. Additionally wearing surface shall be "9.5 mm fine grade wearing," all according to PaDOT Form 408, most recent revision.