(A) No opening or excavation in any street shall extend from the curb line into the highway a distance greater than one foot beyond the centerline of the street before being refilled and the surface of the highway restored to a condition safe and convenient for travel.
(B) No more than 500 feet longitudinally shall be opened in any street at any one time.
(C) 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.
(D) No tunneling shall be allowed without the express approval of the Road Foreman and permission therefor endorsed upon the permit. The backfilling of a tunnel excavation shall be made only in the presence of the Road Foreman or an inspector designated by him or her, and shall be done only in a method approved by him or her.
(F) Temporary paving of cold patch premix, thoroughly bound and compacted, shall be installed flush with the surface of the adjoining paving and maintained for a period of 90 days.
(G) On concrete base streets, such base shall be replaced with concrete and the minimum size of the opening or excavation shall be 16 square feet.
(H) During the making of any excavation in the 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 both day and night by guards, barriers, lanterns, and other devices, and all excavating permits granted hereunder 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.
(I) The applicant shall notify the Road Foreman when the opening or excavation is ready for backfilling before any backfilling is done, when backfilling work is completed, when the temporary paving has been installed, and when the street has been permanently restored so that inspections may be made.
(J) In the event that any work performed by or for a permit holder shall, in the opinion of the Road Foreman, be unsatisfactory and the same shall not be corrected in accordance with his or her instructions within the time fixed by him or her, or in the event that the work for which the permit was granted is not completed within the time fixed by the Road Foreman, 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.
(K) Notwithstanding anything to the contrary herein, all work shall be performed in accordance with the state’s Department of Transportation Publication No. 408, latest edition or revision.
(L) (1) Notwithstanding anything to the contrary herein, no excavation of a street shall occur between December 1 and March 31 of the following year, unless:
(a) The Road Foreman determines that an emergency exists involving a hazardous condition endangering the property, life, health, or safety of individuals which necessitates opening or excavating the street; or
(b) The Board of Supervisors determines that the property owner would suffer undue hardship not caused by the property owner’s action, inaction, or unreasonable lack of foresight and that permitting the excavation of the street will not significantly reduce the normal life of the street. The Board of Supervisors shall not make such a determination until it has received and reviewed a written application from the property owner: identifying the property, the street, and the scope of intended excavation; explaining the undue hardship; and requesting relief under this division (L).
(2) A permit for excavation of the street between December 1 and March 31 shall be issued only after express approval of the Township Board of Supervisors.
(Ord. 2001-5, passed 7- -2001; Ord. 2018-3, passed 10-23-2018) Penalty, see § 153.99