[Adopted 11-6-1984 as Ord. No. 8H-84]
The following words and phrases, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
APPLICANT
Any person, as hereinafter defined, who makes application for a permit.
CALENDAR YEAR
January 1 through December 31, inclusive.
CONCRETE
Soil cement, plain cement concrete or reinforced cement concrete.
COST
Actual expenditures incurred by the Township for labor, equipment and materials, including, without limitation, all fringe benefits and overhead.
DEGRADATION FEE
A fee paid by the permittee to the Township of West Hempfield to defray the depreciation of Township streets which have been constructed, reconstructed or resurfaced within five or less years prior to a street opening.
EMERGENCY
Any unforeseen circumstance which calls for immediate action to protect or safeguard life or property or for the restoration or continuance of public utility or other public service.
MUNICIPAL AUTHORITY
Any municipal authority created, in whole or in part, by the Township Supervisors under the Pennsylvania Municipality Authorities Act of 1945, as amended,[1] to administer a revenue-producing public enterprise.
PERMIT FEE
A fee paid by the permittee to the Township of West Hempfield to cover the costs of issuing, processing and filing the street opening permit and to defray street opening inspection costs.
PERMITTEE
Any person who has been issued a permit and who shall have by acceptance thereof agreed to fulfill any provisions of this article.
PERSON
Any natural person, partnership, firm, association, public utility corporation or similar entity.
PUBLIC UTILITY
Any utility company, excluding municipal authorities created by the Township, licensed by the Public Utility Commission of the Commonwealth of Pennsylvania.
SIDEWALK AREA
That portion of the street right-of-way reserved for sidewalks.
STREET
The entire right-of-way of the public street, public highway, public alley, public road or public easement within the Township limits, excluding the designated curb and sidewalk areas.
TOWNSHIP
The Township of West Hempfield, Lancaster County, Pennsylvania.
[1]
Editor's Note: See 53 P.S. § 301 et seq.
A. 
This permit shall be issued in the name of the owner of the facility, hereafter called the "permittee," and shall be binding upon the permittee, its agents, contractors, successors, personal representatives and assigns.
B. 
The permittee shall cause its agents, contractors, successors and assigns to comply with all the terms and conditions of the permit. The permit shall be maintained as a permanent record and remain in effect, subject to the conditions thereof, as long as the permittee's facilities authorized therein occupy the public right-of-way.
C. 
The work authorized by this permit is subject to all applicable laws, rules and regulations, including but not limited to Act No. 247, approved October 26, 1972, of the Commonwealth of Pennsylvania,[1] concerning environmental control measures related to pollution and the preservation of public natural resources. The work shall be done at such time and in such manner as shall be consistent with the safety of the public and shall conform to all requirements and standards of the Township.
[1]
Editor's Note: See 53 P.S. § 1611.
D. 
If at any time it shall be found by the Township that the work is not being done or has not been properly performed, the permittee and/or its contractor, upon being notified in writing by the Township, shall immediately see that the necessary steps, at its own expense, are taken toward placing the work in condition to conform to said requirements or standards.
E. 
The technical specifications attached to this article, marked Schedule A, are incorporated herein by reference.[2]
[2]
Editor's Note: Schedule A is included at the end of this article.
A. 
The opening of the surface of any Township road is prohibited unless a permit is obtained for that purpose in the manner hereinafter described. Such a permit shall be granted through the Road Superintendent of the Township or his or her designated representative when the person applying for such permit files an application with the Township Secretary in compliance with the provisions of this section and pays into the Township Treasury the amounts hereinafter provided.
B. 
Any person working in the vicinity of a Township road who in any manner disturbs such street or who in any manner causes damage to a street shall be required by this article to obtain a permit and to correct such damage in accordance with the standards of the Township. Road opening permits will not be required for persons excavating adjacent to the curb for the express purpose of installing or replacing curbs and/or sidewalks, provided that a curb and sidewalk permit has been obtained from the Township Secretary prior to performing such work.
C. 
The obtaining of street opening permits by Township departments shall be waived when work is to be performed completely by their own personnel.
D. 
All contractors performing work under contract for the Township or any municipal authority shall obtain the street opening permit for street openings.
E. 
Public utilities shall obtain street opening permits for street openings and for excavations to be performed by their own crews or forces or by contractors.
F. 
Nothing herein contained shall be construed to permit the issuing of a permit for the making of a tunnel under any street, alley or highway in the Township. Tunneling will be permitted only after successful petition to Township Supervisors.
G. 
No permit shall be granted to any applicant unless the applicant shall have paid into the Township any and all moneys then due to the Township for prior excavations made or for any loss, damage or expenses in any manner occasioned by or arising from the excavation of streets of the Township under prior permits.
A. 
In the event that street openings are necessitated by emergencies, street opening permits shall be obtained and fees paid within five days after completion of the work, and said permit shall be retroactive to the date when the work was begun.
B. 
A person performing street openings for an emergency must certify the emergency nature of the circumstance, in writing, to the Road Superintendent of the Township or his or her designated representative within five days after such emergency.
A. 
When the Township shall propose to reconstruct or resurface any street, the Road Superintendent or his or her designated representative shall serve written notice by certified mail of such improvements to all persons owning property abutting the road about to be improved and to all public utility companies and municipal authorities operating in the Township. Within 90 calendar days from receipt of such notice, all notified persons shall complete or cause to be completed all necessary repairs and replacement of utility mains, service under the street and designated curb and sidewalk areas.
B. 
Notified persons shall also complete any new installations under the street and designated curb and sidewalk areas required for use within a five-year period thereafter. All repairs, replacements and new installations shall be in first-class condition so that the same cannot reasonably be expected to require repairs or renewal within a period of at least five years thereafter.
C. 
Upon failure of any notified person or persons to comply with the notice from the Road Superintendent or his or her designated representative to place the same in first-class condition as hereinbefore provided, the Township shall cause existing utility mains, service connections and/or laterals to be placed in first-class condition as aforesaid or to be entirely removed if not used or necessary for public convenience, whereupon the Township shall be entitled to collect the cost of such renewals, repairs, removal or other work from the aforesaid responsible person or persons, either by invoicing the person or persons, or, in case of water or sewer house connections, by filing municipal liens therefor against the abutting properties benefited by such connections.
D. 
This section shall not forbid, however, the installation by tunneling, after successful petition to the Township Supervisors, of new pipes, conduits or other services or structures or the repair, replacement or removal of those already existing in or under the portions of such streets improved as aforesaid, in accordance with applicable rules and regulations, upon obtaining a permit and payment to the Township of the same fees as prescribed by the provisions of this article for making a surface opening in the street.
Street opening permits shall only be granted upon compliance with the following express provisions:
A. 
A written application shall be filed with the Township Secretary for making all street openings or excavations, and the same shall be signed by the person desiring such permit. Such application shall set forth the purpose for which such excavation is to be made, the size and location of the same, the full scope of work to be included in the project, a sketch of the proposed opening site and the date such excavation is to be refilled and resurfaced in the manner hereinafter provided and shall provide that the applicant will faithfully comply with each and every provision contained in the article. An applicant shall furnish a drawing of the proposed opening site upon request of the Road Superintendent. Items required on the drawing shall be specified at the time of request.
B. 
Prior to the issuing of such permit, every such applicant shall pay to the Township Treasurer the amount hereinafter provided and shall exhibit to the Township Secretary a receipt for the amount aforesaid.
C. 
Where the street opening permit is required for water or sewer service, the application shall be signed by an authorized representative of the utility furnishing the water or sewer service.
D. 
Except in emergency situations, the opening of a street which has been resurfaced or reconstructed within a five-year period prior to the date of request for the street opening shall be prohibited.
E. 
Except in emergency situations, applications for street openings shall be submitted to the Road Superintendent or his or her designated representative at least two days prior to the proposed date of excavation. The Road Superintendent or his or her designated representative shall review each application and grant or deny the applicant a permit upon completion of the review.
F. 
No street opening shall be performed, except in the case of emergencies, between November 15 and March 15.
G. 
The applicant shall agree to save the Township, its officers, employees and agents harmless from any and all costs, damages and liabilities by reason of personal injury or property claim which may accrue or be claimed to accrue, whether directly or indirectly, by reason of said work, irrespective of the cause of such injury or damage. The acceptance of any permit under this article shall constitute such an agreement by the applicant whether the same is expressed or not.
H. 
An applicant shall supply a certificate of insurance to the Township Secretary and have the certificate of insurance properly executed by the applicant's insurance agency. Properly executed certificates of insurance shall be filed with the Township and shall verify that the applicant is insured against claims for personal injury as well as against claims for property damages which may arise from or out of the performance of the excavation work, whether such performance is by the applicant or anyone directly or indirectly employed by him or her. Such insurance shall include protection against liability arising from completed operations, underground utility damage and collapse of any property. Liability insurance for personal injury or death shall be in an amount not less than $1,000,000 for each person and $1,000,000 for each occurrence and for property damage in an amount not less than $300,000 Such insurance shall also provide hold harmless coverage pursuant to Subsection G above. Failure of an applicant to file a certificate of insurance shall be sufficient reason for denying a permit.
A. 
A permit fee and degradation fee shall be paid to the Township Treasurer prior to permit issuing. The Township shall have the right, in its discretion, to waive fees for contractors performing work under contract with the Township.
B. 
The permit fee shall be established in the manner prescribed by Section 1156 of the Second Class Township Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 66156.
C. 
The degradation fee to accompany the application is shown on Table 1 of this article, which said table is incorporated by reference.[2] The Township Treasurer shall place collected degradation fees in the Township general fund. The number of square yards computed for the degradation fee will be based on the actual size of excavation disregarding any pavement that must be removed to enable an overlap of surface course on the existing base course.
[2]
Editor's Note: The current fee resolution is on file in the office of the Township Manager.
In all cases where a permit has been issued and the work set forth in such permit has not been completed, the amount not completed shall be canceled. The degradation fee along with the permit fee paid shall be recalculated on the basis of the work actually completed and the actual extent of excavation. All degradation fees and permit fees paid in excess of this adjustment shall be refunded without interest by the Township Treasurer, upon warrant properly drawn. The portion of the permit fee attributable to processing the permit application shall not be refunded upon permit cancellation.
A. 
All street opening permits are subject to revocation at any time by the Road Superintendent or his or her designated representative after written notice for:
(1) 
Violation of any condition of permit.
(2) 
Violation of any provision of this article or any other applicable ordinance or law relating to the work.
(3) 
The existence of any condition or doing of any act constituting or creating a nuisance or endangering the lives or property of others.
B. 
Written notice of such violation shall be served upon the person to whom the permit was granted or his or her agent or employee engaged in the work. Such notice may be given either by personal delivery thereof to the person to be notified or by United States mail, postage paid, addressed to such person to be notified. The permittee shall be granted 24 hours to correct such violations. unless specifically stated otherwise within the letter of notification of violation.
C. 
Upon revocation of the permit, no fees will be refunded to the permittee for that portion of the project not completed.
If any permittee is unable to complete the street opening on or before the date specified in the permit, the permittee shall file a written application for an extension of time with the Road Superintendent or his or her designated representative, who shall have discretion to grant or deny such application. The written application shall be in letter form and shall thoroughly explain the reasons for the extension of time plus the additional length of time required. A fee as set forth from time to time by resolution by the Board of Supervisors shall accompany the application.[2] This fee shall defray the costs of processing and filing the application.
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
[2]
Editor's Note: The current fee resolution is on file in the office of the Township Manager.
The permittee shall be responsible for backfilling and paving the opening and restoring the street surface to its original condition in accordance with the Technical Specifications set forth in Schedule A.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
In case the work has not been completed before the date of expiration as shown on the permit, which time shall be fixed when the permit and/or time extension is granted, the Road Superintendent or his or her designated representative may take steps to backfill the trench and to replace the street surface over the opening for which the permit has been issued. The Township shall invoice the permittee for all costs incurred by the Township in the performance of this work. Payment not made within 30 days shall be collectable in the manner provided by law.
A. 
The permittee shall assume all responsibility for the excavation made by such party for refilling the same and for all damages that may arise by reason of the digging of such trenches or excavations.
B. 
Whenever it is determined by the Road Superintendent or his or her designated representative that in the best interest of the Township it is necessary to assign additional street opening inspectors to supervise excavation, backfill or pavement restoration operations, such inspectors shall be paid by the Township at a rate to be fixed by the Township. The Township shall invoice the permittee for all costs incurred by the Township necessitated by the assignment of additional inspectors.
C. 
The Road Superintendent or his or her designated representative is authorized to make such other rules and regulations for the excavation of streets which he or she may deem necessary for the proper maintenance of the street surface due to excavations, which rules and regulations shall be printed upon the permit granted or forwarded from the Township, in writing, from time to time.
A street opening permit shall be obtained for any test hole work. No test holes shall be made in or upon a greater surface of the highway than as specified in such permit, and no excavation or test holes shall interfere with any of the water pipes, sewers, drains of the Township or any other underground utility service. Test holes having an area of four square inches or less shall be filled by the applicant with grout composed of one part cement and two parts sand and a sufficient quantity of water, filled to the surface of the highway, and the surrounding surface of the highway shall be placed in the same condition as before. Test holes greater than four square inches in area shall be backfilled in accordance with the provisions of this article, unless otherwise directed by the Road Superintendent or his or her designated representative.
A. 
All gutters must be left open so as not to obstruct the free passage of water, and the sidewalks and footways must be kept in a safe and passable condition. All excavations shall have sufficient lights and barricades to identify them from all directions during the day and after dark. If for safety purposes the Road Superintendent or his or her designated representative deems it necessary to install additional warning devices, i.e., lights, barricades or signs, the permittee shall be notified of the decision and shall receive instructions on the installation. In case of emergencies, the Township may install all additional warning devices deemed necessary by the Road Superintendent or his or her designated representative. The Township shall invoice the permittee for rental and installation costs incurred from the date of installation until the permittee installs the required warning devices.
B. 
If the permittee fails to install such devices, the Township shall invoice the permittee for rental and installation costs incurred from the date of installation until the date of removal. Payment not made by the permittee within 30 days of the invoice date shall be collectable in the manner provided by law.
In no case shall a permittee open or remove a greater area of street surface than specified in the original application. The permittee shall not open any street area at a location not specified in the original street opening permit. If the permittee determines during construction that an additional area of street will have to be opened, he or she shall notify and secure permission from the Road Superintendent or his or her designated representative for the additional opening. Upon receipt of the permission, the permittee shall file a supplementary application for the work no later than the next workday. Fee amounts specified in this article shall be followed for any subsequent fees associated with supplementary applications.[1]
[1]
Editor's Note: The current fee resolution is on file in the office of the Township Manager.
The permittee shall guarantee and maintain his or her work for 24 months from the completion of the restoration and replacement work. Within this twenty-four-month period, upon notification from the Township of necessary correction work required, including street settlement, the permittee shall correct or cause to be corrected all restoration work required within five calendar days of receipt of notification. The Road Superintendent or his or her designated representative shall determine the extent of the restoration required and the method of correction. Any and all work not completed within this five-day period may be completed by the Township at the discretion of the Road Superintendent or his or her designated representative. The Township shall invoice the permittee for all costs incurred by the Township in performance of this work. Payment not made within 30 days of the invoice date shall be collectable in the manner provided by law, including any allowable penalties.
[Amended 12-7-1993 by Ord. No. 9-93; 9-3-1996 by Ord. No. 3-96; 5-6-1997 by Ord. No. 6-97]
If the Board of Supervisors or the officer designated to enforce this article by the Board of Supervisors determines that a person has committed or permitted the commission of a violation of this article, the Board of Supervisors or such enforcement officer shall inform such person in writing of the violation, shall notify such person to cease the violation of this article and shall inform such person that he or she must pay a civil penalty to the Township within the range of the amounts set forth below to settle the violation. The penalty for a first offense shall be not less than $50 and not more than $600; the penalty for a second offense shall be not less than $100 and not more than $600; and the penalty for a third or greater offense shall be not less than $200 and not more than $600. If such person fails or refuses to remit the penalty to the Township within 10 days from the date of the written notice of the violation of this article, the Township may commence a civil enforcement proceeding seeking penalties and costs for the violation of this article and/or may commence an action in equity. The Township shall seek a judgment for the penalty previously imposed, together with additional daily penalties for continuing violations, plus all court costs, including the reasonable attorneys' fees incurred by the Township in the enforcement proceedings. Each day that a violation continues shall constitute a separate violation, and each section of this article which is violated shall constitute a separate violation. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure.
Any person aggrieved by a decision under this article shall, to the extent allowed by law, be entitled to a hearing before the Board of Supervisors pursuant to the provisions of the Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. § 105.