§ A164-4. Construction; installation; restoration.

A. 

Construction. In each and every case in which road openings or excavation of any nature are required or made for the purposes aforesaid, Elizabethtown shall restore all such public and private lands or facilities to as good a condition as existed at the commencement of said work or such better condition, at its sole cost and expense. All such openings and installation and maintenance shall be undertaken in strict compliance with the standards imposed by the Board of Public Utilities, any other regulatory agency and all applicable township ordinances with such work to be done in a careful, prudent and workmanlike manner and within such time limitations as shall be best for the proper safeguard of the public.

B. 

Relocation. If at any time during the period of this municipal consent, the Township of Kingwood finds it necessary to alter or change the grade of any street, road or other public right-of-way or area, Elizabethtown shall, upon reasonable notice by the municipality, remove and relocate its distribution line and pipes at the expense of Elizabethtown.

C. 

Restoration. In the event that Elizabethtown shall refuse or neglect, after 10 days' notice in writing by the representative of the township, that is, the Township Clerk or Township Engineer, to restore any disturbed area at its cost and expense and in compliance with all applicable municipal ordinances in effect at that time to its pre-existing or better condition any street, road, pavement, driveway or other surfaces after having made an opening or excavation, the necessary work to accomplish such restoration may be done by the Township of Kingwood, and thereafter Elizabethtown shall be liable for the actual and necessary costs thereof and shall immediately pay such costs to the township upon receiving notice thereof.

D. 

Precondition to undertaking construction. Elizabethtown shall give to the Township of Kingwood, through its duly designated representative, written notice of its intention to open or excavate any street or other public place in accordance with the Township of Kingwood's ordinance regulating the excavation and opening of streets, roads and highways, with the exception that such notice requirement shall be waived in the event of an emergent circumstance such that such emergency will affect public health or safety. As soon as practically possible after the occurrence of such emergent circumstance, Elizabethtown shall give prompt written notice to the township of any emergency opening or excavation that Elizabethtown shall undertake.