[Ord. 137, 7/5/2005]
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:
APPLICANT
Any person who makes application for a permit.
EMERGENCY
Any unforeseen circumstance or occurrence, the existence of which constitutes a clear and immediate danger to persons or properties.
PERMITTEE
Any person who has been issued a permit and has agreed to fulfill all the terms of this Part.
PERSON
Includes any natural person, partnership, firm, association, utility, corporation or authority created pursuant to an act of the General Assembly. Whenever used in any section prescribing and imposing a penalty, the term "person" as applied to associations shall mean the partners or members thereof, and as applied to corporations, the officers thereof.
STREET
Includes a public street, public easement, public right-of-way, public highway, public alley, public way or public road accepted or maintained by the Township and all improvements within the limits thereof including pavement, curbs and sidewalks.
2. 
In this Part, the singular shall include the plural and the masculine shall include the feminine and the neuter.
[Ord. 137, 7/5/2005]
1. 
Permit Required. It shall be unlawful for any person to make any tunnel, opening, cut, break or excavation of any kind in or under the surface of any street without first securing a permit from the Township Roadmaster for each separate undertaking; provided, however, any person maintaining pipes, lines or other underground facilities in or under the surface of any street may proceed with an opening without a permit when emergency circumstances demand the work to be done immediately; provided, the permit could not reasonably and practically have been obtained beforehand. In such cases where emergency openings are necessary, however, the responsible person shall notify the Township prior to such openings by fax notification, telephone notification and/or PA One Call; the person shall thereafter apply for a permit on the first regular business day on which the office of the Township Roadmaster is open for business and said permit shall be retroactive to the date when the work was begun; and the person shall otherwise immediately comply with the requirements of § 21-102.9 hereof.
2. 
Street Openings Limited. No person to whom a permit has been granted shall perform any of the work authorized by such permit in any amount or quantity greater than that specified in the permit, except that upon approval by the Township Roadmaster additional work may be done under the provisions of the permit in any amount not greater than 10% of the amount specified in the permit. Any deposit and/or financial security posted in connection with the original permit shall be deemed to cover any such additional work as may be approved pursuant to this section within the limits mentioned herein.
3. 
Commencement of Work. Work for which a permit has been issued shall commence within 10 days after the issuance of such permit. If not so commenced, the permit shall be automatically terminated unless the permittee applies for and obtains an extension of time from the Township Roadmaster.
4. 
Permits Nontransferable. Permits are not transferable from one person to another and the work shall not be made in any place other than the location specifically designated in the permit.
5. 
Expiration of Permits. Every permit shall expire at the end of the period of time which shall be set out in the permit. If the permittee shall be unable to complete the work within the specified time, he shall, prior to expiration of the permit, present in writing to the Township Roadmaster a request for an extension of time, setting forth therein the reasons for the requested extension. If, in the opinion of the Township Roadmaster such an extension is necessary and not contrary to the public interest, the permittee may be granted additional time for the completion of the work.
6. 
State and County Highways. The provisions of this Part shall not be applicable in those instances where the highway is maintained by the Commonwealth of Pennsylvania or by the County of Allegheny.
7. 
Rights of Township. Every permit shall be granted subject to the right of the Township, or of any other person entitled thereto, to use the street for any purpose for which such street may lawfully be used, not inconsistent with the permit.
8. 
Revocation of Permits.
A. 
Any permit may be revoked by the Township Roadmaster after notice to the permittee for:
(1) 
Violation of any condition of the permit or of any provision of this Part.
(2) 
Violation of any provision of any other applicable ordinance or law relating to the work.
B. 
The existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or properties of others. A permittee may be granted a period of three days from the day of the notice to correct the violation and to proceed with the diligent prosecution of the work authorized by the permit before said permit is revoked.
C. 
Written notice of any such violation or condition shall be served upon the permittee or his agent engaged in the work. The notice shall contain a brief statement of the grounds relied upon for revoking the permit. Notice may be given either by personal delivery thereof to the person to be notified or by certified or registered United States mail addressed to the person to be notified.
D. 
When any permit has been revoked and the work authorized by the permit has not been completed, the Township Roadmaster shall undertake such work as may be necessary to restore the street or part thereof to as good a condition as before the opening was made. All expenses incurred by the Township shall be recovered from the deposit or financial security posted by the permittee with the Township.
9. 
Emergency Street Openings; Notice. Where a person proceeds with a street opening without a permit under emergency circumstances pursuant to § 21-211 above, that person shall notify the Responsible Police Department, Township Designated Fire Department, Township Secretary and Township Roadmaster as soon as possible of the nature of the emergency and street opening, the expected duration of the emergency and all circumstances related thereto.
[Ord. 137, 7/5/2005]
1. 
Applicant Duties and Responsibilities. It shall be the duty and responsibility of any applicant to:
A. 
Make a written application for such permit with the Township Roadmaster on such form as he shall prescribe. No work shall commence until the Township Roadmaster has approved the application and plan and issued a permit, and until the permittee has paid and provided all fees, deposits, certificates and bonds required by this Part.
B. 
Furnish in duplicate a plan showing the work to be performed under such permit. If approved by the Township Roadmaster, one copy of such plan shall be returned to the applicant at the time the permit is granted.
C. 
Agree to hold harmless and defend the Township, its officers, employees and agents from any and all costs, damages and liabilities which may accrue by reason of any work performed under such permit. The acceptance of any permit under this Part shall constitute such an agreement by the applicant whether the same is expressed or not.
2. 
Permit Holder's Responsibilities. It shall be the duty and responsibility of any person receiving a permit to:
A. 
Pay a permit fee as established from time to time by resolution of the Township Board of Supervisors; provided, however, that public utilities or authorities may elect to be billed monthly for such fees as they accrue upon written notice to Township Secretary.
B. 
Make a deposit to cover the costs of inspecting the work authorized by the permit. The amount of the deposit shall be computed by the Township Roadmaster as provided by § 21-106 hereof. In the case of a public utility company, the Township may waive this requirement of a deposit if said utility company files with the Township its corporate bond in a form satisfactory to the Township Solicitor, conditioned upon the payment to the Township of all costs which would otherwise be covered by and paid out of such a deposit. In the event such utility company elects to file such a bond, the Township shall bill such utility company monthly for such costs as they accrue.
C. 
Furnish performance financial security as required by § 21-107 hereof.
D. 
Furnish a certificate of insurance as required by § 21-108 hereof.
E. 
Notify all property owners, residents and businesses affected by the permitted work as required by § 21-110 hereof.
F. 
Present evidence that all necessary materials, labor and equipment are available to complete the work authorized by the permit.
G. 
Keep the original copy of the permit and an approved copy of the plan at all times while such work is in progress at the location for which said permit was granted and show such permit and/or plan upon demand by Township authorities.
H. 
Record by video camera or other similar means, prior to undertaking work authorized under the permit and following completion of said work:
(1) 
The internal condition of any and all storm sewer and sanitary sewer lines located on public property or public right-of-way within 100 feet of the work area.
(2) 
The condition of the work area and all adjacent properties (including streets, sidewalks, building structures and landscapings) and the internal condition of any storm sewer or sanitary sewer lines located on private property within 50 feet of the work area.
A copy of the necessary recordings shall be submitted to the Township Roadmaster for review and retention prior to commencement of work and upon completion of work.
I. 
Contact the PA One Call System so that all underground utilities of record are properly marked and otherwise comply with the requirements of the PA Underground Utility Line Protection Act, 73 P.S. § 176 et seq., as amended, prior to any street opening or excavation work.
[Ord. 137, 7/5/2005]
1. 
Opening and Excavation Restrictions.
A. 
No opening or excavation in any street shall extend beyond the center line of the street before being backfilled and the surface of the street temporarily restored.
B. 
No more than 250 feet measured longitudinally shall be opened in any street at any one time, except by special permission of the Township Roadmaster.
C. 
All utility facilities shall be exposed sufficiently or definite location be determined ahead of trench excavation work to avoid damage to those facilities and to permit their relocation, if necessary.
D. 
Pipe drains, pipe culverts or other facilities encountered shall be protected by the permittee.
E. 
Any person whose facilities are damaged, or caused to be relocated by the permittee shall notify the permittee and the Township of such damage and thereafter may make the necessary repairs or relocation and in conjunction with notifying the Township for the cost of such repairs or relocation. Public utility companies concerned shall be notified by the Township in sufficient time to determine the validity of the damage or relocation claims. The cost of such repair work or relocation work may be withheld by the Township Roadmaster from the deposit pending determination of liability for the damage.
F. 
Monuments of concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point or a permanent survey bench mark with the Township shall not be removed or disturbed or caused to be removed or disturbed unless permission to do so is first obtained in writing from the Township Roadmaster. Permission shall be granted only upon condition that the permittee shall pay all expenses incident to the proper replacement of the monument.
G. 
When work performed by the permittee interferes with the established drainage system of any street, provision shall be made by the permittee to provide proper drainage.
H. 
When any earth, gravel or other excavated material is caused to flow, roll or wash upon any street, the permittee shall cause removal of same from the street within eight hours after deposit to permit safe flow of traffic. In the event the earth, gravel or other excavated material so deposited is not removed as specified, the Township Roadmaster shall cause such removal and the cost incurred shall be paid by the permittee or deducted from his deposit.
I. 
Every permittee shall place around the project such barriers, barricades, lights, warning flags and danger signs as shall be determined by the Township Roadmaster to be necessary for the protection of the public. Additional safety requirements may be prescribed by the Township Roadmaster, and where applicable, shall be in conformance with the requirements set forth in 67 Pa.Code § 203.1 et seq., dealing with work zone traffic control. Copies of the publication shall be made available in the office of the Township Roadmaster for inspection by the public. Whenever any person fails to provide or maintain the required safety devices, such devices shall be installed and maintained by the Township. The amount of the cost incurred shall be paid by the permittee or deducted from his deposit. No person shall willfully move, remove, injure, destroy or extinguish any barrier, warning light, sign or notice erected, placed or posted in accordance with the provisions of this section.
J. 
Access to private driveways shall be provided except during working hours when construction operations prohibit provision of such access. Free access must be provided at all times to fire hydrants.
K. 
Excavated materials shall be laid compactly along the side of the trench and kept trimmed up so as to cause as little inconvenience as possible to public travel. In order to expedite the flow of traffic or to abate dirt or dust nuisance, the Township Roadmaster may require the permittee to provide toe boards or bins; and if the excavated area is muddy and causes inconvenience to pedestrians, temporary wooden plank walks shall be installed by the permittee as directed by the Township Roadmaster. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, the permittee shall keep a passageway at least 1/2 the sidewalk width open along such sidewalk line.
L. 
Work authorized by a permit shall be performed between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless the permittee obtains written consent from the Township Roadmaster to do the work at an earlier or later hour. Such permission shall be granted only in the case of an emergency or in the event the work authorized by the permit is to be performed in traffic-congested areas.
M. 
In granting any permit, the Township Roadmaster may attach such other conditions thereto as may be reasonably necessary to prevent damage to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance. Such conditions may include but shall not be limited to:
(1) 
Limitations on the period of the year in which the work may be performed.
(2) 
Restrictions as to the size, wight and type of equipment.
(3) 
Designation of routes upon which materials may be transported.
(4) 
Designation of the place and manner of disposal of excavated materials.
(5) 
Requirements as to the laying of dust, the cleaning of streets, the prevention of noise and other results offensive or injurious to the neighborhood, the general public or any portion thereof.
(6) 
Regulations as to the use of streets in the course of the work.
N. 
Hydra-Hammer, Headache Ball. The use of a mechanical device for the breaking of pavement, such as a hydra-hammer, headache ball, etc., will be permitted only under special written permission of the Township Roadmaster.
2. 
Backfilling and Restoring Opening.
A. 
All pavement cuts, openings and excavations shall be made properly and backfilled properly by the permittees in accordance with the construction specifications set forth and incorporated herein as Part 6, "Construction Standards," (referred to herein as the "Township Construction Standards"). Unless permittee has been granted permission to restore the street surface as provided in subsection .2.D, permittee also shall place a temporary surface on the pavement cut, opening or excavation in accordance with Township Construction Standards. If the permittee has been granted permission to restore the street surface but weather conditions are such as to prevent the completion of permanent restoration of the street surface at the time backfilling is completed, permittee shall install a temporary surface in accordance with the Township Construction Standards until such time as weather conditions will permit permanent restoration of the street surface.
B. 
The Township Roadmaster shall be notified by the permittee during the forty-eight-hour periods preceding the beginnings of:
(1) 
Backfilling;
(2) 
Restoration;
and the approximate time each will be begun.
C. 
No backfilling or restoration shall be accomplished unless or until the Township Roadmaster is present or permission has been granted for backfilling or restoration after inspection by the Township Roadmaster.
D. 
The work of final restoration, including both paving surface and paving base, shall be performed directly by the Township under the supervision of the Township Roadmaster; provided, however, that upon a public utility company's application for permission to perform the work of restoration, the Township may grant permission to such public utility company to perform the work of restoration. In those cases where such permission is granted, the work of restoration, including both paving surface and paving base, shall be performed by the permittee according to the Township Construction Standards and shall be subject to inspection by the Township.
E. 
If the Township Roadmaster finds that paving surfaces adjacent to the street openings may be damaged where trenches are made parallel to the street, or where a number of cross trenches are laid in proximity to one another, or where the equipment used may cause such damage, he may require negotiated contribution from the permittee for the resurfacing in place of patching of such street if the total area of the proposed patch or probably damaged area exceeds 25% of the total pavement surfacing between curb faces or between concrete gutter edges. Such negotiations shall be carried on and contributions agreed upon prior to issuance of a permit.
F. 
After excavation is commenced, the work of making and backfilling the name shall be prosecuted with due diligence. Unless the provisions of Subsection 2A of this section apply, the permittee is required to complete permanent restoration of the street surface in accordance with the Township Construction Standards within seven days after repairs and/or installation are completed. Furthermore, the permittee shall be required to install and maintain a temporary surface in accordance with the Township Construction Standards during:
(1) 
The period between the completion of repairs and/or installation and the commencement of final restoration.
(2) 
The periods during the actual work when workers do not require access to the excavation.
G. 
Inspections of all work authorized by a permit shall be made by the Township Roadmaster at such times and in such manner as required to assure compliance with provisions of this Part. If the nature of the work to be performed under any permit is such as to require the services of a full-time inspector, the Township Roadmaster shall provide for the services of such an inspector.
H. 
All inspection costs shall be borne by the permittee. Such costs shall be based upon a schedule of charges on file in the office of the Township Roadmaster.
I. 
Upon completion of all work accomplished under the provisions of a permit, the permittee shall notify the Township Roadmaster in writing. A certificate of final inspection shall be issued by the Township Roadmaster to each permittee no sooner than one year and not later than 18 months after the permanent restoration of the excavation has been made, providing the work authorized by the permit has been performed according to the Township Construction Standards. Prior to the issuance of a certificate, the Township Roadmaster shall make a final inspection of the restoration to determine whether the Township Construction Standards have been adhered to.
J. 
If any settlement in a restored area occurs within a period of two years from date of completion of the permanent restoration, and permittee fails to make such correction after notification, any expense incurred by the Township in correcting such settlement shall be paid by the permittee or recovered from his bond, unless the permittee submits proof satisfactory to the Township Roadmaster that the settlement was not due to defective backfilling.
K. 
In no case shall any opening made by a permittee be considered in the charge or care of the Township, or any of its officers or employees, and no officer or employee of the Township is authorized in any way to take or assume any jurisdiction over any such opening, except in the exercise of the police power, when it is necessary to protect life and property; provided, however, that the Township assumes charge when making final surface restoration, unless permittee has been granted permission to perform the work of restoration of the street surface as provided in subsection .2.D.
[Ord. 137, 7/5/2005]
1. 
Adoption of Additional Regulations. The Township Roadmaster is hereby authorized and directed to adopt such written regulations that may be necessary for the implementation and enforcement of this Part. Such regulations shall include but not be limited to:
A. 
Limitations on the size of an opening.
B. 
Restrictions for the protection of existing subsurface installations, monuments and drainage systems.
C. 
Requirements for the storage and removal of excavated materials.
D. 
Designation of safety precautions to be taken by the permittee.
E. 
Restrictions as to the time of day when the work may be performed.
F. 
Requirements for backfilling, inspecting and restoring openings.
2. 
Approval of Regulations. Any regulations adopted by the Township Roadmaster shall become effective within 30 days after submission to Township Board of Supervisors, unless the regulations are disapproved by the Board within the thirty-day period.
3. 
Publication of Regulations. Copies of the approved regulations shall be made available in the office of the Township Roadmaster.
[Ord. 137, 7/5/2005]
1. 
Computation of Deposit. The Township Roadmaster, upon receipt of a properly completed application, shall determine the amount of the deposit to be made by the permittee in accordance with the schedule of charges established pursuant to § 21-103.2.A; provided, however, that the minimum deposit required shall not be less than $50. The deposit shall be paid at the time the permit is issued, and the deposit shall be used to reimburse the Township for the cost of any work and/or materials furnished by it in connection with work authorized by the permit, to cover the cost of all necessary inspections of said work or any other expenses incurred by the Township in carrying out the provisions of this Part. In the case of a public utility company, the requirement of such deposit may be waived if such public utility company files with the Township its corporate bond as provided in § 21-103.2.B of this Part.
2. 
Form of Deposit. The deposit may be either in the form of a certified, treasurer's or cashier's check or in lawful United States currency.
3. 
Insufficient Deposit. If any deposit is insufficient to pay all costs, the permittee shall, upon demand, pay to the Township an amount equal to the deficiency. If the permittee fails or refuses to pay such deficiency, the Township may institute an action to recover the same in any court of competent jurisdiction. Until such deficiency is paid in full, no additional permits shall be issued to such permittee.
4. 
Yearly Deposit. Whenever any public utility company shall anticipate applying for permits for more than one street opening or excavation per calendar year and does not elect to file a corporate bond as hereinbefore provided, such public utility company may post one deposit in an amount and form as hereinbefore provided for the calendar year or part thereof to cover the cost of deposits which would otherwise be required for the anticipated permits.
5. 
Deposit and Cost Schedules. The Township Roadmaster shall establish a schedule of charges for inspections, labor, materials and other such expenses as may be incurred by the Township in carrying out the provisions of this Part. This schedule shall be established by the Township Roadmaster in accordance with the reasonably anticipated costs to be incurred by the Township in making such inspections, including reasonable administrative and overhead expenses, and in accordance with the currently prevailing costs in the area for any labor and materials which may be provided by the Township. The Township Roadmaster shall revise said schedule from time to time to reflect any increase or decrease in the costs used to establish said charges. The schedule shall be open to public inspection in the office of the Township Roadmaster upon request.
6. 
Decision on Costs. The decision of the Township Roadmaster as to the costs of any work done or repairs made by him or under his direction, pursuant to the provisions of this Part, shall be final and conclusive as to such costs.
7. 
Refund of Deposit. Upon notification by the permittee that all work authorized by the permit has been completed and after restoration of the opening, the Township Roadmaster shall refund to the permittee his deposit less all costs incurred by the Township in connection with said permit. In no event shall the permit fee be refunded.
[Ord. 137, 7/5/2005]
1. 
Performance Security Requirements. Upon filing a permit application, each applicant shall provide the Township with financial security, in a form acceptable to the Township Solicitor, to guarantee faithful performance of the work authorized by a permit granted pursuant to this Part. Any such financial security shall satisfy the requirements of Chapter 1, Part 3, "Financial Security," of this Code. The amount of the financial security shall be 100% of the estimated cost of restoring the street opening. The term of the financial security shall begin upon the date of posting thereof and shall terminate upon the permittee's receipt of a certificate of final inspection from the Township Roadmaster. If the permittee anticipates requesting more than one permit per year as required by this Part, he may furnish one continuing form of financial security to guarantee faithful performance in such amount as the Township Roadmaster deems necessary. The amount of such bond shall be in relation to the cost of restoring pavement cuts to be made by the permittee throughout the year.
2. 
Maintenance Security Requirements. Each applicant, upon the receipt of a permit, shall provide the Township with financial security, in a form acceptable to the Township Solicitor, to guarantee the workmanship, structural integrity and maintenance of the work authorized by a permit granted pursuant to this Part and conditioned for compliance with the street opening specifications of the Township and the provisions of this Part. Any such financial security shall satisfy the requirements of Chapter 1, Part 3, "Financial Security," of this Code. The Township Roadmaster shall determine the amount of the maintenance security, and it shall be in relation to the cost of restoring the pavement cut to be made by the permittee; provided, however, the minimum amount of the maintenance shall not be less than $2,000. The term of each such maintenance security shall begin from the completion date of the permanent restoration of the opening by the Township and shall terminate upon the receipt by the permittee of a certificate of final inspection from the Township Roadmaster. If the permittee anticipates requesting more than one permit per year, he may file one continuing form of financial security conditioned upon compliance with the specifications of the Township and the provisions of this Part in such amount as the Township Roadmaster deems necessary. The amount of such maintenance security shall be in relation to the cost of restoring pavement cuts to be made by the permittee throughout the year. In the case of a public utility company, its corporate bond in a form satisfactory to the Solicitor may be accepted in lieu of the maintenance security required by this section.
3. 
Default in Performance. Whenever the Township Roadmaster shall find that a default has occurred in the performance of any term or condition of the permit, written notice thereof shall be given to the principal and to the surety of the financial security. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the Township Roadmaster to be reasonably necessary for the completion of such work.
4. 
Completion of Work. After receipt of such notice the surety must, within the time therein specified, either cause the required work to be performed or, failing therein, indemnify the Township for the cost of doing the work as set forth in the notice.
[Ord. 137, 7/5/2005]
Each applicant, upon the receipt of a permit, shall provide the Township with an acceptable certificate of insurance indicating that he is insured against claims for damages for personal injury as well as against claims for property damages which may arise from or out of the performance of the work, whether such performance be by himself, his subcontractor, or anyone directly or indirectly employed by him. Such insurance shall cover collapse, explosive hazards and underground work by equipment on the street, and shall include protection against liability arising from completed operations. The amount of the insurance shall be prescribed by the Township Roadmaster in accordance with the nature of the risk involved; provided, however, it shall provide for a minimum of comprehensive bodily injury liability insurance including coverage on a personal injury basis and comprehensive property damage liability insurance not less than $2,000,000 combined single limit. Public utility companies and authorities may be relieved of the obligation of submitting such a certificate if they submit satisfactory evidence that they are insured in accordance with the requirements of this Part or have adequate provision for self-insurance. Public utility companies may file an annual certificate of insurance in lieu of individual certificates for each permit. The Township shall be added as an additional insured/loss payee on any insurance policy or policies required by this section.
[Ord. 137, 7/5/2005]
1. 
Notices of Improvements. When the Township shall improve or pave any street, the Township Roadmaster shall first give notice to all persons owning property abutting the street to be paved or improved, and to all public utilities and authorities operating in the Township, and all such persons, utilities and authorities shall make all connections as well as any repairs thereto which would necessitate excavation of the street, within 30 days from the date of such notice. The time shall be extended if permission is requested in writing and approved by the Township Roadmaster.
2. 
Restrictions Upon Opening New Streets. No permit shall be issued by the Township Roadmaster which would allow an excavation or opening a paved and improved street surface less than five years old unless the applicant can clearly demonstrate that public health or safety require that the proposed work be permitted or unless an emergency condition exists.
3. 
Penalty for Opening New Streets. If, by special action of the Township Roadmaster, a permit is issued to open any paved and improved street surface less than five years old, a penalty charge shall be made for the opening, except that the penalty shall be waived in the event the work is of an emergency nature. The penalty charge shall be on a sliding scale and shall be equal to 2% of the costs of restoring the opening for each unelapsed month or fraction thereof of the five-year restricted period.
[Ord. 137, 7/5/2005]
1. 
Information Required. Every person owning, using, controlling, or having an interest in pipes, conduits, ducts, or other structures under the surface of any street used for the purpose of supplying or conveying gas, electricity, telecommunications, water or steam to or from the Township or to or from its residents, or for any other purposes shall, upon request of the Township Roadmaster, furnish him forthwith any information relative to the location, size and description of all such installations.
2. 
Abandoned Facilities.
A. 
Whenever any pipe, conduit, duct, tunnel or other structure located under the surface of any street is abandoned, or the use thereof abandoned, the person owning, using, controlling or having an interest therein shall, within 30 days after such abandonment, file with the Township Roadmaster a statement in writing giving in detail the location of the structure so abandoned. Whenever there are manholes or tunnels associated with any abandoned underground facilities, such manholes or tunnels shall be filled in at the time of abandonment and the Township Roadmaster notified thereof in writing.
B. 
When the Township plans to pave or improve streets in which there are abandoned facilities, the owner of such facilities shall be notified to remove them if, in the opinion of the Board of Supervisors, their removal is in the best interest of the Township. If the owner shall refuse to remove such abandoned facilities, the Township shall remove the abandoned facilities and the owner shall reimburse the Township for such removal.
3. 
Notices to Property Owners and Tenants.
A. 
At least three weeks prior to commencing permitted work, the permittee shall provide written notice of the proposed work to all property owners, residents and businesses within 300 feet of the work area. A copy of this written notice shall be provided to the Township Secretary, Responsible Police Department, Township Designated Fire Department and the Township Roadmaster. This written notice shall include the following:
(1) 
A work schedule indicating the days and time that work will be performed and the date of anticipated completion.
(2) 
A summary of the work to be performed.
(3) 
A summary of any traffic restrictions, including the days and times of such restrictions.
(4) 
The name, address and telephone number of a person to be contacted in case of an emergency or complaints.
(5) 
The name, address and telephone number of the contractor or other party responsible for direct supervision of the work.
B. 
The permittee shall submit a press release to any major media outlets designated by the Township Roadmaster notifying area residents of the notice information referenced in paragraph .A, above. This requirement may be waived by the Township Roadmaster where the affected streets are not major thoroughfares.
C. 
Prior to beginning the permitted work, the permittee shall submit a notarized written statement to the Township Roadmaster certifying that the permittee has complied with the above-referenced notice requirements.
4. 
Notices to Police and Fire Authorities. The Township Roadmaster shall notify in writing the Responsible Police Department, Township Designated Fire Department and the Township Secretary of all street opening permits that are granted. Such notification shall state the nature of the work to be done, proposed commencement and completion dates, and the location of such project.
5. 
Restoration of Damaged Property.
A. 
Any planted or landscaped area which is disturbed by work performed under the permit shall be restored to a condition at least equal to that existing before the commencement of construction. Any shrub, grass, tree or plant injured or destroyed shall be replaced with ones of the same size, color, species, condition, caliper and quality.
B. 
Any sidewalk, driveway or other privately owned or maintained facility or object damaged, destroyed or removed shall be restored to the satisfaction of the Township Roadmaster.
C. 
Any Township sign damaged, lost or destroyed by the permit holder shall be replaced by the Township and the cost thereof shall be assessed against the permit holder or recovered by the Township as otherwise allowed by law.
D. 
If, during the course of construction, any municipally owned or maintained sewer, under-drain, manhole, catch basin, curb, guardrail or other facility or appurtenance is damaged, destroyed or disturbed, such condition shall be reported immediately to the Township Roadmaster who shall then prescribe, direct, supervise and inspect the necessary corrective action.
6. 
Penalties. Any person, firm or corporation who shall violate any provision of this Part, or fails to comply therewith, or with any of the requirements thereof, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedures, shall be sentenced to pay a fine of not less than $300 nor more than $1,000 plus costs, including reasonable attorney fees incurred by the Township, and, in default of payment of said fine and costs, to a term of imprisonment to the extent permitted by law for the punishment of summary offenses. A separate offense shall arise for each day or portion thereof in which a violation of this Part is found to exist or for each section of this Part found to have been violated. The Township may also commence appropriate actions in equity or other to prevent, restrain, correct, enjoin, or abate violations of this Part. All fines and penalties collected for violation of this Part shall be paid to the Township Treasurer. The initial determination of ordinance violation and the service of any required notice of violation are hereby delegated to the Township Secretary, the Code Official/Building Inspector, the Code Enforcement Officer, the Zoning Officer and their designees and to any other officer or agent that the Township Secretary or the Board of Supervisors shall deem appropriate.