Township of Rochester, PA Street Openings

Any permit may be revoked by the Administrator, after notice to the permittee, for:

(a)

Violation of any condition of the permit or of any provision of this article.

(b)

Violation of any provision of any other applicable ordinance or law relating to the work.

(c)

Existence of any condition or the doing of any act constituting or creating a nuisance or endangering life or property.

A permittee shall be granted a period of 14 days from the date of the notice to correct the violation and to proceed with the diligent prosecution of the work authorized by the permit before such permit is revoked.

Written notice of any such violation or condition shall be served upon the permittee or his/her agent engaged in the work. The notice shall contain a brief statement of the reasons 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.

When any permit has been revoked and the work authorized by the permit has not been completed, the Administrator shall do such work as may be necessary to restore the street or part thereof to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 expense thereby incurred by the Township shall be recovered from the deposit or bond the permittee has made or filed with the Township.

§ 138-3 Duties of applicants and permittees.

Duties and responsibilities of applicants. An applicant shall:

Make written application for such permit with the Township Administrator on such form as he/she shall prescribe. No work shall commence until the Township Administrator or other person authorized as above has approved both the application and plan and until the permittee has paid and provided all fees, deposits, certificates and bonds required by this article.

Furnish in triplicate a plan if required by the Administrator showing the work to be performed under such permit. Two copies of such plan shall be returned to the applicant at the time the permit is granted.

Agree to save the Township, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any work performed under such permit. The acceptance of any permit under this article shall constitute such an agreement by the applicant whether the same is expressed or not.

Duties and responsibilities of permittees. Any person receiving a permit shall:

Pay a permit fee as provided by resolution of the Township Commissioners, to include cost of inspection; provided, however, that public utility companies and municipal authorities may, upon written notice to the Administrator, elect to be billed monthly for such fees as they accrue.

Make a deposit to cover the cost of proper street restoration as authorized by the permit, unless excepted from such requirement by the provisions of § 138-5.

Furnish a performance bond as required by § 138-6, unless excepted from the requirement of such section.

Furnish a certificate of insurance as required by § 138-7, unless excepted from the requirement of such section.

(5)

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 such permit was granted and show such permit and/or plan upon demand by the Township highway or police authorities.

§ 138-4 Regulations.

Opening and excavation restrictions.

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.

No more than 250 feet measured longitudinally shall be opened in any street at any one time, except by special permission of the Administrator.

All utility facilities shall be located sufficiently ahead of trench excavation work to avoid damage to those facilities and to permit their relocation, if necessary.

Pipe drains, pipe culverts, or other facilities encountered shall be protected by the permittee.

(5)

Any person whose facilities are damaged or caused to be relocated by the permittee may make the necessary repairs or relocation and file a claim against the permittee with 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 or relocation work may be held by the Administrator from the deposit pending determination of liability for the damage.

(6)

Monuments of concrete, iron, or other lasting material set for the purpose of locating or preserving the line of any street or property subdivision or a precise survey reference point or a permanent survey bench mark within the Township shall not be removed or disturbed unless permission to do so is first obtained in writing from the property owner or Administrator. Permission shall be granted only upon condition that the permittee shall pay all expenses incident to the proper replacement of the monument.

(7)

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 to the satisfaction of the Administrator.

(8)

When any earth, gravel or other excavated material is caused to roll, flow or wash upon the street the permittee shall cause the same to be removed from the street within 24 hours after deposit. In the event the earth, gravel or other excavated material so deposited is not removed, the Administrator or other person authorized by the Township Commissioners shall cause such removal, and the cost incurred shall be paid by the permittee or deducted from his/her deposit.

(9)

Every permittee shall place around the project such barriers, barricades, lights, warning flags and danger signs as shall be determined by the Administrator to be necessary for the protection of the public. Barricading shall be in compliance with the regulations as set forth in the Commonwealth of Pennsylvania Department of Transportation Publication 203, Work Zone Traffic Control, latest revision. Copies of this publication shall be made available in the office of the Administrator for inspection by the public. Additional safety requirements may be prescribed by the Administrator, where applicable. Whenever any person fails to provide or maintain the safety devices required by the Administrator, 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/her 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 article.

(10)

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.

(11)

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 a dirt or dust nuisance, the Administrator 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 Administrator. 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.

(12)

Work authorized by a permit shall be performed between the hours set by the Administrator, Monday through Saturday, unless the permittee obtains written consent from the Administrator to do the work at an earlier or later hour. Such permission shall be granted only in case of an emergency or in the event the work authorized by the permit is to be performed in traffic-congested areas.

(13)

In granting any permit, the Administrator 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:

(a)

Limitations on the period of the year in which the work may be performed;

(b)

Restrictions as to the size and type of equipment;

(c)

Designation of routes upon which materials may be transported;

(d)

The place and manner of disposal of excavated materials;

(e)

Requirements as to the laying of dust, the cleaning of streets, the preventing of noise, and other results offensive or injurious to the neighborhood, the general public, or any portion thereof; and

(f)

Regulations as to the use of streets in the course of the work.

Backfilling and restoring openings.

All pavement cuts, openings and excavations shall be properly made, backfilled and temporarily surfaced by the permittee according to Township specifications.

The Administrator must be notified by the permittee during the twenty-four-hour period preceding beginning the backfilling of the date and approximate time at which backfilling will be begun.

The work of the final restoration, including both paving surface and paving base, shall be performed by the permittee according to Township specifications.

If the Administrator finds that paving surfaces adjacent to the street opening may be damaged where trenches are made parallel to the street, or where a number of cross trenches are laid in close proximity to one another, or where the equipment used may cause such damage, he/she may require a negotiated contribution from the permittee for the resurfacing in place of patching of such street if the total area of the proposed patch or probable damaged area exceeds 25% of the total pavement surface between curb faces or between concrete gutter edges in any block. Such negotiations shall be carried on and contributions agreed upon prior to issuance of a permit.

(5)

After excavation is commenced, the work of making and backfilling the same shall be prosecuted with due diligence.

(6)

The Administrator shall make such inspections as he/she may deem necessary of all work authorized by a permit. The Administrator is empowered to provide a full-time inspector if necessary to ensure compliance with the provisions of this article. The permittee shall pay for such inspections.

(7)

The permittee shall notify the Administrator in writing upon completion of all work accomplished under the provisions of the permit. A certificate of final inspection shall be issued by the Administrator to each permittee no sooner than one year after the permanent restoration of the excavation has been made, provided the work authorized by the permit has been performed according to Township specifications. Prior to the issuance of a certificate, the Administrator shall make a final inspection of the restoration to determine whether Township specifications have been adhered to.

(8)

If any settlement in a restored area occurs within a period of one year from the date of completion of the permanent restoration, expenses incurred by the Township in correcting such settlement shall be paid by the permittee or recovered from his/her bond, unless the permittee submits proof satisfactory to the Administrator that the settlement was not due to defective backfilling.

(9)

In no case shall any opening made by a permittee be considered in the charge or care of the Township or any of the officers or employees, and no officer or employee 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.

§ 138-5 Permit fees and deposits.

Permit fees. Permit fees for street openings shall be in the amount set by the Township Commissioners and amended from time to time. The permit fee shall be paid at the time the application is submitted. The fee shall be used to partially reimburse the Township for the cost of processing the permit application. Permit fees are nonrefundable.

Minimum deposit amount. The minimum amount of the deposit shall be $500. The deposit shall be paid at the time the permit is received, and the deposit shall be used to reimburse the Township for the cost of any work and/or materials furnished by it in the event the permittee fails to restore the opening properly according to the specifications of this article. The Township shall waive this requirement insofar as it pertains to a public utility company if such 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 deposit. The amount of deposit required shall be determined by the Township Administrator and shall be based upon the Township Administrator's opinion of the actual cost of street restoration.

Form of deposit. The deposit may be either in the form of a certified, treasurer's or cashier's check or in lawful money of the United States.

Insufficient deposit. If any deposit is less than sufficient to pay all costs, the permittee shall, upon demand, pay the Township an amount equal to the 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.

Yearly deposit. Whenever any public utility, if it does not elect to file a corporate bond as provided in Subsection B hereof, or municipal authority shall anticipate more than one street opening or excavation per calendar year, such public utility or municipal authority may post one deposit in an amount and form as provided above for the calendar year or part thereof to cover the cost of any and all work.

Refund of deposit. Upon notification by the permittee that all work authorized by the permit has been completed and after restoration work associated with the street opening is completed, the Township Secretary, upon approval by the Administrator, shall refund the permittee his/her deposit less costs incurred by the Township in connection with such permit. In no event shall the permit fee be refunded.

§ 138-6 Bond requirements.

Maintenance bond requirement. Each applicant, upon the receipt of a permit, shall provide the Township with an acceptance corporate surety bond to guarantee faithful performance of the work authorized by the permit granted pursuant to this article. The amount of the bond shall be 100% of the estimated cost of restoring the street opening. The term of the bond shall begin upon the date of posting thereof and shall terminate one year after the issue date of a certificate of final inspection from the Administrator. If the permittee anticipates requesting more than one permit per year as required by this article, he/she may furnish one continuing corporate surety bond in such amount as the Administrator deems necessary to guarantee faithful performance. 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. The Township shall waive the requirement insofar as it pertains to a public utility company if such company files with the Township its corporate bond in a form satisfactory to the Township Solicitor, conditioned upon compliance with the provisions of this article.

Default in performance. Whenever the Administrator finds 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 on the bond. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the Administrator to be reasonably necessary for the completion of the work.

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.

§ 138-7 Liability insurance.

Each applicant, upon receipt of a permit, shall provide the Township with an acceptable certificate of insurance indicating that he/she is insured against claims for damages for personal injury as well as against claims for property damage which may arise from or out of the performance of the work, whether such performance is by himself/herself, his/her subcontractor, or anyone directly or indirectly employed by him/her. 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 liability insurance for bodily injury in effect shall not be less than $100,000 for each person and $300,000 for each accident and for property damages not less than $50,000, with an aggregate of $100,000 for all accidents. A public utility company or municipal authority may be relieved of the obligation of submitting such a certificate if it submits satisfactory evidence that it is insured, or has adequate provision for self-insurance, in accordance with the requirements of this article. Public utilities and authorities may submit annually such evidence of insurance coverage in lieu of individual submissions for each permit.

§ 138-8 Openings in new streets.

[Amended 12-1-2016 by Ord. No. 463]

Notices of improvements. When the Township improves or paves any street, the Township shall give notice to all persons owning property abutting on the street about to be paved or improved and to all public utilities and municipal authorities operating in the Township, and all such persons, public utilities and municipal authorities shall make all connections as well as any repairs thereto which would necessitate excavation of the street, within 45 days from the giving of such notice. The time shall be extended if permission is requested in writing and approved by the Township Commissioners after consultation with the Township Administrator.

Restriction upon opening new streets. No permit shall be issued by the Township Administrator which would allow an excavation or opening in a paved and improved street surface less than five years old unless the applicant can clearly demonstrate that public health or safety requires that the proposed work be permitted or unless an emergency condition exists.

Additional fees and deposit for opening new streets. If, by special action of the Administrator, a permit is issued to open any paved and improved street surface less than five years old, an additional permit fee of $75 shall be assessed. An additional deposit of $500 shall be required.

When four or greater consecutive openings and/or a longitudinal utility trench opening occurs within one block at one time (within a twelve-consecutive-month period), within 1/2 of any street [from the center line to the outside edge of the pavement (curbline)], the permittee shall be required to perform the following additional work: mill the existing pavement surface from the center line to the outside edge (curbline) of the existing pavement and to a point not less than two feet beyond the limits of the farthest openings. Trench restoration shall be the same as that described for bituminous pavement, excepting that the entire area shall receive a one-and-one-half-inch compacted depth overlay of Superpave 9.5 mm wearing material.

When four or greater openings and/or a longitudinal utility trench opening occurs within one block between outside edges of pavement (curbline to curbline) (within a twelve-consecutive-month period), the permittee shall be required to perform the following additional work: mill the existing pavement surface between the outside edges of pavement (curbline to curbline) of the existing pavement and to a point not less than two feet beyond the limits of the farthest openings. Trench restoration shall be the same as that described for bituminous pavement, excepting that the entire area shall receive a one-and-a-half-inch compacted depth overlay of Superpave 9.5 mm wearing material.

The Township reserves the right to review the conditions of the existing roadway and make adjustments to the restoration requirements as presented herein. The permittee shall make a formal written request to the Township at the time of street opening permit application for consideration of waivers to any portions of this policy.

Where future roadway improvements or other utility work is planned for the area subject to this policy, the Township may elect to negotiate a payment from the permittee to cover the costs of full lane resurfacing that would otherwise be required as a result of the permittee's work.

§ 138-9 General provisions.

Street list requirements.

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, communication impulses, water or steam to or from the Township or to or from its inhabitants, or for any other purposes, shall file with the Administrator, within 12 days after the adoption of this article, a set of maps showing the location of the aforementioned facilities owned by such person.

Within 90 days after January 1 of each and every year, such person shall notify the Administrator in writing of the changes necessary to maintain the street list required under Subsection A(1) hereof.

Abandoned facilities.

Whenever any pipe, conduit, duct, tunnel or other structure located under the surface of any street, or the use thereof, is abandoned, the person owning, using, controlling or having an interest therein shall, within 30 days after such abandonment, file with the Administrator a statement in writing giving in detail the location of the structure so abandoned.

Whenever there are manholes or tunnels associated with abandoned underground facilities, such manholes or tunnels shall be filled in at the time of abandonment and the Administrator notified thereof in writing.

When the Township plans to pave or improve streets in which there are abandoned facilities, the owners of such facilities shall be required to remove them if in the opinion of the Township Commissioners their removal is in the best interest of the Township. If the owner refuses to remove such facilities, the Township shall remove the abandoned facilities and the owner shall reimburse the Township for such removal.

Street opening permit notices.

If the work to be undertaken by the permittee is such that it will affect the use of properties abutting or adjoining the project, the Administrator or person authorized by the Township Commissioners shall notify the affected property owners and/or tenants of the proposed work to be done.