[Ord. 10, 1/10/1957, § 1]
From and after the passage of this Part 1 it shall be unlawful
for any person, firm, association, copartnership or corporation to
make any opening or excavation in or under any street, alley or other
public thoroughfare within the limits of the Township of Salisbury
unless and until a permit therefore is secured from the Township Secretary
for each such separate undertaking, such permit and the application
therefore to be on forms prepared, prescribed and furnished by the
Township.
[Ord. 10, 1/10/1957, § 2; as amended by Ord. 11-88-303,
11/22/1988]
At the time of making application for the permit for any such
opening or excavation, the applicant shall pay a permit issue fee,
as established from time to time by the Board of Commissioners, to
the Township Secretary for the use of the Township.
[Ord. 10, 1/10/1957, § 3]
The application shall set forth the location and purpose of
the proposed excavation, the dates between which the excavation is
to be open, the length, width and depth of the trench and the area
and type of the roadway surfaces to be removed. The applicant shall
agree to protect and defend and indemnify and save harmless the Township
and its officers for or on account of any injuries or damage to persons
on public or private property caused by said excavation or the materials
or appliances used in the work.
[Ord. 10, 1/10/1957, § 4]
Upon completion of the work for which any excavation or opening
is made, the excavation or opening shall be refilled by the licensee
with clean earth on a level even with the surface of the roadway.
All backfill shall be well packed and tamped. From November 15th to
April 1st all excavations in paved streets shall be refilled with
crushed stone, thoroughly compacted, if in the opinion of the Chairman
of the Roads Committee of the Board of Commissioners weather conditions
require the same to be necessary.
[Ord. 10, 1/10/1957, § 5; as amended by Ord. 11-88-303,
11/22/1988]
1.
Restoration of the permanent road surface shall be made by the Township
and the cost thereof charged to the licensee at the rates established
from time to time by the Board of Commissioners.
2.
At the time the application is made for a permit, the applicant shall
pay to the Township Secretary the cost of restoring the permanent
road surface calculated at the established rates and based on the
number of square yards of the proposed opening and the type of road
surface as set forth in the application for the permit. Should the
area of any opening made exceed the area set forth in the application
for the permit the cost of restoring the permanent road surface of
the excess area shall be calculated at the rates herein provided and
shall be paid by the licensee within 30 days of the restoration of
said surface by the Township and the rendering of a statement for
the cost of the same to the licensee by the Township.
[Ord. 10, 1/10/1957, § 6]
Failure to secure a permit or conviction under the provision of § 21-109 of this Part 1 shall not excuse any person, firm, association, copartnership, or corporation from paying to the Township the cost of restoring the permanent road surface to any area opened contrary to the provisions of this Part 1.
[Ord. 10, 1/10/1957, § 7]
In case of an emergency where an immediate excavation may be
necessary for the protection of public or private property, the same
may be made without application for a permit provided, however, that
an application in the regular manner must be made for such excavation
within 48 hours thereafter.
[Ord. 10, 1/10/1957, § 8]
The licensee shall at all times provide for the safety of the
public by guard rails where necessary, and by the use of red signs
in the daytime and red lights at night.
[Ord. 10, 1/10/1957, § 9; as amended by Ord. 11-88-303,
11/22/1988]
Any person, firm, association, copartnership or corporation
violating any provision of this Part 1 shall, upon conviction thereof
before a District Justice of Salisbury Township, be subject to a fine
of not less than $10 and not more than $300 and in default of the
payment of the fine or costs of such prosecution, shall be imprisoned
for a period not exceeding 90 days.
